Terms of use

hotonline Ltd - Terms & Conditions for recruitment agencies

1. AGREEMENT

These Terms apply to the Customer’s use of Websites owned & managed by hotonline ltd ("hotonline") & the online recruitment & information services offered through it ("the Service").

By signing the Customer Activation Form, the Customer accepts these Terms under which hotonline provides the Service.

2. DEFINITIONS

‘Candidate’ means an individual (who may be referred to as a jobseeker) seeking to obtain employment using the Websites.

'Contract Term' means the duration of contract, expressed in weeks, as detailed on the Customer Activation Form.

‘Subscription Service’ detailed on the Customer Activation Form means that the Contract Term will automatically renew at each expiry date for a further Contract Term unless the Customer cancels in accordance with clause 3.
'Customer' means any person, organisation or company which purchases the service & accesses the Service via a hotonline pin & password.

'Customer Activation Form' means the form which the Customer signs in order to obtain the Service.
‘Jobinfo’ means information on any job listing, which the Customer is seeking to fill on the Websites.
'Licence Fee' means the fee payable by the Customer to hotonline for the Service as detailed on the Customer Activation Form.
'Recruitment Agency' means an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (& all regulations made there under)
‘Service’ refers to the level of access to the Websites & CV Service (where applicable) in accordance with the products detailed on the Customer Activation Form.

‘CV Service’ means access to the Candidate CV database to search & download Candidate CVs in relation to specific & current job vacancies.
‘Unlimited Access’ to CV Service means the ability to view an unlimited number of CVs. Downloading CVs is subject to ‘Reasonable Use’.
‘Reasonable Use’ is defined as less than 5,000 CV downloads within any 30 day period.
'Websites' means Websites owned & managed by hotonline, as listed on www.hotonline.com

hotonline, registered number 1904765 is a subsidiary of the hotgroup ltd.

3. PROVISION OF SERVICE

3.1 In return for the Licence Fee, as listed on the Customer Activation Form signed by the Customer, hotonline grants the Customer the non-cancellable right to use the Service for the Contract Term.

3.2 For Subscription Service customers: Unless the Customer gives notice of cancellation by email to cancellations@hotonline.com not less than 30 days before the expiry date of the current Contract Term, the Contract Term will automatically renew for a further Contract Term.

3.3 In agreeing to these Terms, the Customer accepts that hotonline is an advertising medium & cannot guarantee a particular level of response to adverts or the minimum number of CVs available through the CV Service.

4. PRICE & PAYMENT

4.1 The Customer shall pay hotonline for the Service in full & shall pay all applicable VAT & other taxes imposed on charges for services made under this agreement.

4.2 All invoices are to be paid by Customer within 14 days of the date of the invoice, unless otherwise stated.

4.3 Where the Customer is paying in instalments, & an instalment is unpaid at any time during the agreement, hotonline can withdraw the instalment payment option & the entire amount outstanding will become immediately due & payable.

4.4 hotonline may charge interest on all sums outstanding beyond the date on which they are due for payment under this agreement at a rate of 2% per annum above bank base.

4.5 Upon termination of the Agreement for any reason (except by the Customer pursuant to clause 8.2 below) the provision of the Service shall immediately cease & the full amount of any sums owing to hotonline by the Customer shall become payable with immediate effect including, but not limited to, any amount of the Licence Fee that has not been paid by the Customer & which relates to the period following termination.

5. CUSTOMER OBLIGATIONS & RESPONSIBILITIES

5.1 The Customer accepts that, following any contact with Candidates:
5.1.1 It shall be up to the Customer & the Candidate to agree how to progress matters further;
5.1.2 That the Customer shall act in good faith & in a business like & courteous manner; &
5.1.3 That the Customer shall keep strictly confidential all confidential information disclosed by the Candidate & act in accordance with the Data Protection Act 1998 & the Employment Agencies Act 1973 (& all other relevant legislation & regulations made there under).

5.2 The Customer agrees to abide by hotonline rules for job listings (which may vary from time to time), these rules are:
5.2.1 Jobinfo to be categorised accurately using the appropriate job category for each listing; &
5.2.2 No gratuitous use of keywords in job descriptions, job summaries, job titles or keyword fields. Gratuitous is defined as inserting words, strings of words or repeating job titles which influence the position of the results listing; &
5.2.3 Jobinfo which discriminates on grounds of sex, race, age or disability is illegal & may result in proceedings being taken against the Customer.

5.3 It is the Customer's responsibility to advise hotonline of any change to their contact details, address &/or business activities.

5.4 The Customer shall not resell the Service purchased from hotonline to any third party without authorisation in writing from a Director of hotonline. The Customer agrees that hotonline shall be entitled (in addition to its entitlement to terminate this Agreement) to remove any unauthorised listings as hotonline may in its sole discretion determine.

5.5 The Service is for use by the Customer only & allows non-exclusive access to the Service using one unique pin & password in accordance with these Terms. If the Customer (including any of the Customer’s employees or consultants) is found to share passwords with any party who is not a Customer then such sharing will be a material breach of this Agreement.

5.6 If the Service includes a CV Service, the Customer accepts that:
5.6.1 If more than 5,000 CVs are downloaded by the Customer within any 30 day period, hotonline reserves the right to suspend the Service &/or to terminate this Agreement with immediate affect (without liability in accordance with clause 4.5); &
5.6.2 The Customer may not contact the individuals on the CV Service or make or allow any use of the information about those individuals, other than for the purpose of finding suitable Candidates for specific current job vacancies within the European Union; &
5.6.3 The Customer shall ensure that no automatic extraction software (to include software tools commonly known as robots or spiders) or any other means are engaged or deployed to facilitate the downloading or capturing of CVs from the hotonline database irrespective as to which CV Service has been purchased from hotonline.

6. HOTONLINE OBLIGATIONS & RESPONSIBILITIES

6.1 To provide the Services with reasonable care & skill.

6.2 To maintain Services on a 24 hour by 7-day basis (subject to periodic essential maintenance). If the Service is unavailable for any consecutive period of 24 hours (with the exception of de-activated accounts due to late payment or for breach of Customer’s obligations), hotonline shall extend the Term of this agreement by the period of such non-availability, without further payment from the Customer.

6.3 If (for reasons beyond its control) hotonline is unable to keep the Websites live or updated for a period of 10 working days (Monday to Friday) or more, the Customer shall be entitled to a pro rata rebate of monies paid to hotonline.

6.4 hotonline shall make such modifications to any Jobinfo or other Service as are reasonably requested by the Customer provided that hotonline reserves the right to charge at its prevailing rates for the time involved with such modifications

6.5 If hotonline receives complaints from any Candidate or otherwise becomes aware that a Candidate has been offered services, apart from specific live jobs, hotonline reserves the right to terminate or suspend the Contract without incurring liability to the Customer. The Customer will have no claim against hotonline in such circumstances. Furthermore, the Customer shall not be entitled to any refund of Licence Fees paid to hotonline.

6.6 hotonline may at its sole discretion add or remove any of the Websites from the Service.

6.7 hotonline may at its sole discretion decide which job listing(s) are published to Websites & has the right to decline to publish or change job listings.

7. MULTI-JOB POSTING SERVICES

7.1 The Customer accepts that hotonline is not responsible for:

7.1.1 The establishment or maintenance of any account held with any multi-job posting supplier; &
7.1.2 Any errors, omissions, duplicate entries or faults caused by any multi-job posting suppliers; &
7.1.3 Communicating updates to the job posting screen, Service, & xml feed to third-party suppliers.

8. TERMINATION

8.1 This Agreement may be terminated by hotonline:

8.1.1 If, after hotonline has provided written notice to the Customer of breach of Customer Obligations (section 5 of these Terms), such breaches are not rectified by the Customer within 5 working days;
8.1.2 If the Customer fails to pay hotonline on the due date any sums that may be due under this Agreement;
8.1.3 If the Customer makes any material misrepresentation in order to become a Customer of the Service;
8.1.4 If the Customer is using the Website or Service for any improper use or with the intention to damage the reputation of either the Website or the Services provided by hotonline;

8.2 Either party may terminate this agreement immediately by notice to the other if any resolution or petition to wind up the other’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrative receiver of the other’s undertaking, property or assets shall be appointed. The Customer acknowledges that except in such circumstances, it has no right to terminate this agreement before the expiry of the Contract Term referred to in the Customer Activation Form.

9. THIRD PARTY SITES

9.1 Jobinfo & advertisements posted on the Websites may also appear on third party websites pursuant to agreements from time to time between hotonline & the proprietors of such websites.

10. ENTIRE AGREEMENT

10.1 This Agreement forms the entire understanding of the parties & supersedes all previous Agreements, understanding & representatives relating to its subject matter.

10.2 No addition, amendment or modification of these Terms shall be effective, unless in writing & signed as accepted by a Director of hotonline.

11. GOVERNING LAW

11.1 This Agreement shall be governed & construed in accordance with English law.

12. GENERAL

12.1 No neglect, delay or indulgence by hotonline in enforcing any provision of this Agreement shall be construed as a waiver & no single or partial exercise of any right or remedy shall affect or restrict the further exercise or enforcement of any such right or remedy.

12.2 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Terms.

12.3 The Agreement is personal to the Customer & may not be assigned or transferred to any third party without the prior written consent of a Director of hotonline.

12.4 Each Term of this Agreement is severable & distinct from the others &, if any provision is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, that provision shall to that extent be deemed not to form part of this Agreement but the validity, legality or enforceability of the remaining parts of this Agreement shall not be affected or impaired, it being our intention that every provision of this letter shall be & remain valid & enforceable to the fullest extent permitted by law.

12.5 hotonline reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on www.hotonline.com. Such changes shall be deemed to be accepted if you continue to use the Websites or Service after a period of one week from the date of transmission of the e-mail or of posting on www.hotonline.com, whichever occurs later.

Last updated 14.00 on 14 November 2006