Terms and Conditions – Contractor Index ™

 

These Terms and Conditions (“Terms”) set out the legal rights and obligations between any user of this website under the domain name [ www.contractorindex.com ] (“Website”) and applies to the entire content of this Website and Contractor Index Limited. These Terms constitute a legal document which you should read carefully and understand before using this Website. By using this Website and the services available on it you are deemed to accept these Terms regardless of whether or not you choose to register for services on this Website. If you do not accept these Terms, you are advised not to use this Website.

 

GENERAL

 

1                      Definitions

 

“Advertisements”                                   the written statement or advertisement of a contract assignment or position submitted and provided by the Client to the Company for the purposes of display on the Website;

“Assignment”                                         any contract assignment or vacancy, position of job advertised or offered by any Client on the Website;

“Company”                                             means Contractor Index Limited, Company number: 05966103, whose registered office is at c/o Capital Law LLP, One Caspian Point,Caspian Way, Cardiff, CF10 4DQ;

“Directory”                                              the database of Members held within the Website containing the Member’s CV’s;

“Client(s)”                                               means the company or companies or any other party acting on behalf of such company or companies which search the Directory or advertise contract vacancies or positions on the Websites for purposes of recruiting or engaging Members. If you are an employment agency or an employment business (as defined by the Regulations) it is your responsibility to ensure that the use you make of information from the Directory and the conduct of your business complies with your obligations under the Regulations;

“Professional Level Member”               membership to the all aspects and areas of the Website including the ability to apply for advertised positions and contact Clients;

“Member”                                                professional contractors and consultants which shall include that person who would be supplied by the Member to carry out the work or contract;

“Restricted Information”                       means the contact details, and other private information provided by the Member to the Company;

“Member’s Information”                         has the meaning attributed to it in clause 9 of these Terms;

“Members of Public”                              any person accessing or viewing this Website who is either not a Member, a Client, an organisation nor an agency under these Terms;

“Registration”                                        shall mean:

in respect of Members, the uploading of the Member’s details, CV’s and Member’s Information for the purposes of searching the Website for contract vacancies and positions; and

in respect of Clients,  the of searching the Website and Directory for Members, and the submission and display of Advertisements;

“Regulations”                                         the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and any laws under it;

“Restricted Areas”                                 those areas restricted for use by Members and Clients who have registered their details with the Company via the Website;

“Service(s)”                                            has the meaning attributed to it in clause 7 of these Terms;

“Service Fees”                                       means the specified fees exclusive of VAT and such other fees as agreed by the Company and the Member or Clients in writing from time to time payable by the Member or Client to the Company for additional Services; and

 “User”                                                    any Member, Client, or Member of Public who accesses the Website and or Service.

 

2                      Terms of Use

 

2.1                 This Website is owned and operated by the Company and the information and services available on it are provided for the purpose of:

2.1.1             allowing Members to upload their details for searching the Website for any advertised Assignment, applying for an Assignment and to communicate with Clients; or

2.1.2             allowing Clients to search the Directory for the purposes of contacting the Members through the Website and to advertise any Assignment.

2.2                 Users of this Website may use, print and download information from the Website for the purposes set out in clauses 2.1.1 and 2.1.2 above only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site.

 

2.3                 The Company makes no representation whatsoever about any Assignment advertised which is displayed, viewed or accessed either on, by virtues of or by way of any links from the Website.

2.4                 The User hereby accepts and acknowledges that the Website, the Service or any of the Company’s systems and/or equipment may from time to time be offline, interrupted, delayed or partly or fully inoperative, which prevents a User from accessing or viewing this Website, as a result of, but not limited to, causes such software or hardware upgrades, any connectivity mechanical, electrical or communication breakdowns, or any other matter or fact which is beyond the control of the Company. The Company accepts no liability for any failure or inability to provide a continuous, error free, uninterrupted service under any circumstances including the circumstances listed above.

 

2.5                 All Copyright, Directory rights and any other intellectual property rights in the Website and the material available on this Website belong to the Company. Use of this Website does not give the User any proprietary rights in the Directory, intellectual property or materials referred to in these Terms.

2.6                 Users may access certain areas of this Website without registering details with the Company, but shall be restricted from accessing the Restricted Areas. Such Restricted Areas shall be made available to Members and Clients on Registration.

2.7                 If any provision (or part of a provision) of these conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

2.8                 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

3                      Age Limit Permitted Users and Excluded Occupations

3.1                 The Website and the Service provided by the Company are not available to and may not be used by any person under the age of eighteen (18) years of age. Any persons under the age of eighteen (18) years of age are not permitted to register their details on the Website.

3.2                 The Website and the Service shall not be used in connection with contracts, vacancies or positions that relate to or involve:

3.2.1             caring for or attending to any person who by reason of age, infirmity, or any other circumstances is in need of care or attention;

3.2.2             au pairs or any other persons who are or are to be received into a private household under an arrangement whereby that person is to assist in the domestic work of the household in consideration for receiving hospitality and pocket money or hospitality only;

3.2.3             the employment of any person under the age of eighteen (18) years of age;

3.2.4             taking up a position which involves working with or caring for or attending any one or more persons under the age of eighteen (18) years of age;

4                      Data Protection

4.1                 The Company’s use of CVs, Member’s Information or any other personal supplied by Users of the Website is governed by our privacy policy.

5                      Introductions and Communications

5.1                 Members and Clients accept and that the Service provided by the Company and the use of the Website is for the purposes of the introduction of Members to Clients for online recruitment and that the Company’s involvement in any discussions or negotiations between the parties shall be limited to facilitating initial contact between the parties by the method of email communication.

5.2                 The email communication between the parties shall be via the Website and the Members and Clients agree that the Company has the right to intercept such email communication for the purposes of monitoring, editing, amending or removing such email communication, where, in the opinion of the Company, such email communication is defamatory, discriminatory, illegal, or is unacceptable to the Company.

5.3                 The Company shall not enter into any contracts of employment or contracts for the provision of services on behalf of the Member or Client.

6                      Charges

6.1                 The User agrees to pay to the Company any Service Fees due for additional services purchased from the Company. The Company will provide to the User the Service following receipt of the Service Fee which shall be paid by the User in accordance with clause 6.2 below.

6.2                 The Service Fees shall be the fees as specified by the Company on the Website from time to time and the Service Fees shall:

6.2.1             be paid by the User by credit or debit card, or by any other method that has been expressly agreed by the Company. The User confirms that they have the requisite authority to use such credit or debit card. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. The Company shall not be responsible for any card issuer or bank charging the User as a result of the Company processing of the credit/debit card payment in accordance with these Terms; and

6.2.2             unless explicitly stated at the time of purchase, shall be non-refundable to the User.

MEMBERS

7                      Notification of Charges, Terms and Offers

7.1                 The Service to be provided by the Company is a work-finding service and does not constitute an agency relationship as defined under the Regulations. 

7.2                 The Member agrees to be bound these Terms.

7.3                 The Company will not commence the provision of the Service under these Terms until Registration by the Member has been completed and they have accepted these Terms and Conditions on registration.

7.4                 The Company shall provide to the Member under the Service access the Website for the purposes becoming a Member of the Directory and for viewing any Assignment advertised by the Clients.

  

7.5                 The Member accepts and acknowledges that the Company has no involvement in the payment of services by the Client and any arrangement for billing, timesheets, remuneration are between the Member and the Client.

7.6                 The Member accepts and acknowledges that it has no proprietary interest whatsoever in the Company, its business or the Website by virtue of being a Member under these Terms.

8                      Registration

8.1                 A Member of Public may register with the Company as a Professional Level Member for the purposes of uploading their details for being found in the Directory or for searching the database of any Assignment. A User shall only become a Member on Registration with the Company under these Terms.

9                      Members Information

9.1                 The Member shall provide to the Company either at Registration or at the request of the Company the following information:

9.1.1             the identity of the Member which shall include the full name, address, date of birth, employment status, visa status and contact details of the Member; and

9.1.2             details of experience, training, qualifications of the Member and any authorisation which the Client considers necessary, or which are required by any law, regulation or professional body, to work in the position or under the contract in which the Client is seeking to fill;

9.1.3             confirmation that the Member is willing and capable of working in the position which the Client is seeking to fill or is willing and capable of entering into the contract with the Client; and

9.1.4             any matter which may preclude the Member from working a position  advertised or offered by a Client or entering into a contract with a Client.

9.2                 In addition to provisions of clause 9.1 above the Member shall provide, where relevant, two (2) references from persons who are not relatives of the Member and who have agreed that the reference they provide may be disclosed to the Client, and to provide copies of such references to the Client as requested which shall be submitted by electronic form only.

9.3                 For the purposes of clause 9.1 the Member agrees that documentary evidence will be required in respect of identity and evidence of qualifications, training, experience and/or authorisations as may be required by the Client from time to time and which shall be submitted by electronic form only.

9.4                 Members acknowledge and accept that the details they provide on Registration, any references or information contained in CVs are not reviewed by the Company and agree that all Member’s Information, references and CV’s provided to the Company are true and accurate. The Company accepts no responsibility or liability for the contents of any CVs, references or Member’s Information provided to the Website and makes no representations as to the accuracy of such information or content of CV’s, references or Member’s Information.

9.5                 The Company reserves the right to mask names, addresses, email addresses, web-links and numbers which could be telephone numbers in the CV and Client-visible information in order to protect the identity of the Member prior to contact being made between the Member and that Client.

10                   Termination

10.1              The Member may terminate the provision of the Service under these Terms at any time but upon such termination, the Member shall not be entitled to any refund of any Service Fee paid under these Terms.

10.2              The Company may terminate the provision of the Service if:

10.2.1          the Member is in material breach of these Terms and has not remedied such breach within fifteen (15) days of notice from the Company specifying the breach and requiring that it be remedied; or

10.2.2          the Member becomes insolvent, ceases to trade or goes into liquidation or administration or an order is made or a resolution is passed for the winding up of the Member, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the Member; or

10.2.3          in the opinion of the Company, the Member is deemed to have acted inappropriately or been involved in any inappropriate behaviour.

11                   Client Accounts

11.1              The Company does not operate any form of client account, as defined under the Regulations, and will have no involvement in, or hold on behalf of either party, any payment by the Client to the Member of remuneration, fees, expenses, bonuses, payments in advance, or any other form of financial benefit, including the provision of accommodation, travel expenses, free travel or any other benefits in kind, and will not hold on behalf of either the Member or the Client any of the abovementioned financial benefits or payments.

12                   Confidentiality

12.1              The Member, by accepting these Terms and by completing Registration, consents to the Company providing to the Client a copy of the CV, and references for the purposes of consideration by the Client.

12.2              The Company will provide the Member’s Information to the Client automatically upon the Member confirming their interest in an Assignment, for the purposes of the Member and Client making direct contact for the purposes of negotiations and discussions in respect of contract vacancies or potential positions, and also in the following circumstances:

12.2.1          for the purposes of any legal proceedings (including arbitration); or

12.2.2          in the case of the Member who is a member of a professional body of which they are a Member as required by such professional body.

12.3              In circumstances where the Member does not wish to permit the disclosure of Member’s Information to a Client or any other party, save except in circumstances set out in clauses 12.2 above, the Member shall notify the Company of the withdrawal of the consent referred to in clause 12.1 above.

13                   Limitation of Liability

13.1              The Member accepts that the risk that data transmitted electronically via the Website or any other medium may be intercepted before reaching its intended destination or accessed by unauthorised third parties and is at risk from unlawful exploitation by such third parties. The Company does not accept any responsibility for protection against the acts of third parties and the Company shall not be liable for any direct, indirect, consequential, special or other damage, loss of profits or other damage resulting from third parties’ interception of or access to data of whatever nature.

13.2              The Service is provided on an “as is” and “as available” basis without warranty, condition or commitment of any kind, whether express or implied. The Company makes no representation, warranty, commitment in relation to the provision of the Website and the Service including those as to the availability, the quality or fitness, accuracy and up-to-datedness of any information, data, services, or products provided through or in connection with the Service.

13.3              The Consumer Protection (Distance Selling) Regulations 2000 give you certain rights, however as our service to you will be instantaneous you will not have the right to cancel the Agreement, or to a refund of any fees during any cooling off period – this does not affect your statutory rights.

13.4              The Service and any information provided on the Website by the Company, and Client or any third party suppliers are intended to assist in the Member in the online recruitment process. Neither the Company, the Client nor any third party suppliers can guarantee the suitability or prospects of success of any securing a contract assignment or position. You should obtain independent verification before relying on information provided on the Website in circumstances which may result in loss or damage.

13.5              The Company’s liability for any loss or damage suffered by the Member as the result of your use of this Website is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss, and in any event, such liability shall be limited to the Services Fees paid. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.

13.6              The Company shall not be liable to the Member for any direct, indirect, consequential including loss of profits or other damage resulting from the transmission from this Website to your computer systems of viruses or other destructive items, howsoever caused.

14                   Jurisdiction

14.1              These terms and conditions shall be interpreted in accordance laws of England and Wales and all disputes shall be decided by the courts of England and Wales.

CLIENTS

15                   Compliance and Client Obligations

 

15.1              The Client accepts and acknowledges that:

15.1.1          it is the responsibility of the Client to ensure that Advertisements for any Assignment that is submitted to Members via the Company, or displayed on, the Website comply with the Client’s obligations under the Employment Agencies Act 1973 and any laws under it, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and any other applicable statute, statutory instrument, regulation or legal requirement as in force from time to time;

15.1.2          it shall comply with the laws and regulations referred to in clause 15.1.1 above and that any Advertisement submitted or displayed by the Company must comply with such laws and regulations;

15.1.3          Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. If the Company believes in its opinion that an Advertisement may be discriminatory it may at its own discretion either amend the Advertisement or remove it from the Website without liability to the Client, and the Company will inform the Client accordingly.

15.2              The Client agrees that it will at all times to act fairly, responsibly and professionally with Members who may respond to an Advertisement submitted to or displayed on the Website, contact the Client or are involved in discussions or negotiations with the Client, and not do anything which may bring the Company’s name into disrepute.

15.3              The Client agrees that it shall indemnify the Company from and against any claim brought by a Member against the Company arising from a breach of the obligations sets out clause 15.2 or any other of these Terms.

15.4              The Company does not guarantee any response to any advertisement submitted to or displayed on the Website or that Members who contact the Client will have the necessary qualifications, experience or training specified by the Advertisement.

15.5              The Company makes no representations, warranties or guarantees as to the accuracy or truth of any CV, reference or statement provided by a Member and the Client agrees that it is the responsibility of the Client to carry out such checks, verifications and procedures as are necessary to ensure that Members have the required experience, qualifications, training and personal characteristics as specified in the Advertisement or to carry out the contract or position under the advertised Assignment as required by the Client.

15.6              The Client agrees that it is the Client’s responsibility to ensure that it has the necessary and the appropriate equipment, software, or any other such facility and is connected to the appropriate services to enable it to search for Members, submit or display any Assignment on or to the Website. 

15.7              If the Advertisement contains direct contact details or links to another web-site, the Company retains the right to remove such information to ensure initial replies are directed via the Company’s WebSite.

15.8              If the Advertisement has a facility to link to another website via the Company’s external apply online option, the Client shall be fully responsible for maintaining such links and for the content of the Advertisement and the linked website. The Company retains the right to remove from the Website any Advertisement which contains content or links to a website which, in its opinion, is defamatory, discriminatory, illegal or objectionable or which in the opinion of the Company will bring the name of the Company or the Website into disrepute.

15.9              The Client agrees that it shall indemnify the Company in full from and against any claims or liability arising from content or links contained in the Advertisements.

15.10           It is the responsibility of the Client to take all steps, as are reasonably practicable, to ensure that it and the Member are each aware of any requirements imposed by law, or by any professional body, which must be satisfied by the Client or the Member to enable the Member to work for the Client under the contract or in the position it seeks to fill.

15.11           It is the responsibility of the Client to verify that the Member has the necessary qualifications, training and or experience as required by law, or by any professional body, and shall obtain copies of the necessary qualifications or authorisations of the Member and take all steps as are reasonably practicable to satisfy itself that the Member is not unsuitable to undertake the work under the contract or position it is seeking to fill.

15.12           The Client agrees that it shall indemnify the Company in full and from and against any claims or liability arising from any failure of the Client or the Member to comply with the legal or regulatory requirements of a contract including the requirements set out by any relevant professional body.

16                   Contract Assignment and Position Information

16.1              The Client acknowledges and accepts that the following information must be displayed in any Advertisement or in any contact with Members for a contract assignment or position:

16.1.1          a description of the Assignment including the duration and specifications of the contract, the type of work to be carried out under the Assignment and any other information which the Member would require to have understanding of the nature of the Assignment;

16.1.2          the date on which the Client requires the Assignment to be filled and the duration or likely duration of the contract;

16.1.3          the location at which the contract will be carried out and the hours during which the Member would required to work;

16.1.4          any risks to health or safety known to the Client and the steps taken by the Client to prevent or reduce such risks;

16.1.5          the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, which the Member must possess in order to carry out the work under the contract;

16.1.6          any benefits or expenses payable under the contract and details of the remuneration which the Client would offer the Member for the Assignment it is seeking to fill, including details of the intervals at which the Member would be paid;

16.1.7          whether any notice of termination is required to be given by the Member to the Client to terminate the contract and the length of such notice; and

16.2              In addition to the provisions of clause 16.1 above, the Client agrees to provide to the Company the following information at registration time:

16.2.1          the identity of the Client and the nature of the Client’s business;

17                   Travel Expenses and Accommodation

17.1              The Client shall be responsible for compliance with the Regulations in respect of the provision of accommodation, travel expenses, free travel or any other benefits in kind and shall hold the Company harmless in relation to any infringement by the Client of the Regulations.

17.2              Where the Member is seeking an Assignment in, or is contracted to work in domestic service in a private household, the Client shall provide the Member and the Company with such information as the Member may reasonably request in order for the Member to decide whether or not to take the Assignment.

17.3              The Client is not permitted to make available to the Member any loan or other financial facility to that Member’s travel or other expenses in order that the Member may take up an Assignment, which is then to be repaid to the Client by the Member any sum greater than the sum made available for such purposes by the Client.

17.4              Where the Client does make available a loan or other financial facility as specified in clause 17.3 above, the Client shall provide to the Member a document detailing the amount of the loan or financial facility and the terms of repayment.

18                   Limitation of Liability

18.1              The Client accepts that the risk that data transmitted electronically via the Website or any other medium may be intercepted before reaching its intended destination or accessed by unauthorised third parties and is at risk from unlawful exploitation by such third parties. The Company does not accept any responsibility for protection against the acts of third parties and the Company shall not be liable for any direct, indirect, consequential, special or other damage, loss of profits or other damage resulting from third parties’ interception of or access to data of whatever nature.

18.2              The Service and the Website is provided on an “as is” and “as available” basis without warranty, condition or commitment of any kind, whether express or implied. The Company makes no representation, warranty, commitment in relation to the provision of the Website and the Service including those as to the availability, the quality or fitness, accuracy and up-to-datedness of any information, data, services, or products provided through or in connection with the Service.

18.3              The Company’s liability for any loss or damage suffered by the Client as the result of your use of this Website is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss, and in any event, such liability shall be limited to the Services Fees paid. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.

18.4              The Company shall not be liable to the Client for any direct, indirect, consequential including loss of profits or other damage resulting from the transmission from this Website to your computer systems of viruses or other destructive items, howsoever caused.

18.5              The Service provided by the Website is a business to business service and the Distance Selling Regulations 2000 shall not apply to any transactions or service provided by the Company under these Terms.

19                   Jurisdiction

19.1              These terms and conditions shall be interpreted in accordance laws of England and Wales and all disputes shall be decided by the courts of England and Wales.