Terms And Conditions
The following definitions apply:
“LJC” means London Job Corporation LTD, acting through its division carersandnurses.com
“Client” means the company, firm or organization which has set up an account with LJC in order to use the Services.
“Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.
“Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the LJC sales team, the form signed by the Client confirming details and Pricing Model(s) of the Services ordered by the Client.
“Pricing Model(s)” means the pricing models offered by LJC.
“Services” means the online recruitment services.
“Terms” means these terms and conditions.
“Website” means carersandnurses.co.uk and includes without limitation its content, databases, software, code and graphics.
The following Services are available from LJC via the Website:
Single Job Listing: A service whereby the Client’s job posting will be visible for 28 days.
Premium Job Listing: The Client can post 3 jobs, each visible 28 days.
All in One Job Listing: The Client may post unlimited jobs per annum on the Website if they are set up a monthly direct debit for a fix fee. Vacancies, applicants and responses can be managed via the Client’s account.
Free Job Listing: A service whereby the Client’s job posting will be visible for 28 days, free of charge, available after registration, using the coupon code NEWUSER.
Featured Job Listing: A service whereby the Client’s job posting will be visible for 28 days on the top of the search listing (in case of multiple featured job listings the sort will be shown by the date of the listing)
Branding Opportunities: various opportunities to promote Client brands are available, including Recruiter Profile and widgets on the banner or on different pages.
Email Services: various email services are available, including targeted emails, where CarersAndNurses.com will send a one off email or text with details of the Client’s job(s) to an agreed number of the most recently registered candidates who match the criteria set by the Client.
com+: A service whereby LJC supplies the Client with a shortlist of candidates generated from a range of activities, including email promotion, applicant management and filtering.
Detailed Terms and Conditions:
LJC shall provide the Services in accordance with these Terms. Clients must set up an account with carersandnurses.com in order to gain access to the Services. The Services do not constitute an offer by LJC, and LJC reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organization.
A legally binding contract between LJC and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the LJC sales team, and LJC has received the Client’s completed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing LJC’s credit checking process.
LJC shall perform the Services using information and criteria supplied by the Client. It is the Client’s responsibility to provide accurate and up to date information
The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect LJC or LJC’s reputation
Other than for Services paid for online or by bank account (where LJC will provide payment confirmation after payment has been taken), LJC shall issue an invoice to the Client on formation of contract as set out in clause 5 above, and in the case of Subscription Services, at agreed intervals in advance thereafter. The Client shall pay LJC’s invoices in full within 3 working days from the date of invoice. In the event of late payment, LJC may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), LJC may terminate the Services and all outstanding invoices shall become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 8. Without prejudice to any other remedy, LJC reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
Online payment services will be carried out by PayPal. Online card payments and online payments via PayPal shall be subject to Paypal’s terms and conditions.
The Client may provide LJC with a recurring payment authority or a filled direct debit form to enable LJC to take regular payments from the Client’s bank account for payment of the Services. Such authority must be provided to LJC’s sales team by phone or via e-mail. When a recurring payment authority has been provided or a direct debit form was sent, LJC will be entitled to take regular payments for the Services from the nominated debit or credit card / bank account without the need to obtain individual authorization for every payment. The Client may cancel or update a recurring payment authority at any time by calling LJC’s sales team or via e-mail. The Client will remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.
Once a contract has been formed, LJC cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. These services will automatically renew for a further minimum term of 12 months on the same terms and fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 28 days prior to such anniversary.
For the avoidance of doubt, Free Job, Single, Premium, Featured, All in One credits and CarersAndNureses.com+ credits do not roll over beyond the contract end date. Any Job Postings that are live on the Website will remain live until their expiry date, but no new Job Postings can be made using the credits from the relevant contract.
For Services purchased online, refunds may occasionally be given at LJC’s sole and absolute discretion.
LJC may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
LJC reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
Without prejudice to any other remedy, LJC may terminate the Client’s account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if LJC has reasonable grounds to believe that the Client cannot or will not pay its debts.
LJC reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
the Client has not provided full or accurate contact or company information;
LJC considers the Client is acting inappropriately or illegally;
The Client is using the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site without the express permission of LJC.
The Client fails LJC’s credit checking process, or defaults on payment;
The Client resells job postings without the express permission of LJC;
The Client has been given permission to resell job postings but does not accurately represent the products and services that are offered by LJC; and/or
The Client has shared its CV access with a third party.
The Client agrees to use the Website and the Services in ‘good faith’ i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client’s access to the Services being removed, and its account terminated.
All intellectual property rights connected with the Services and/or the Website shall remain vested in LJC or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
LJC cannot guarantee that (1) the Website and/or the Services will be available at all times; (2) the Website will be free from errors, viruses and/or other harmful applications; and (3) the Services will generate any applications, responses or results (CarersAndNurses.com+ excepted, by which the Client will receive the number of applications as set out in the agreement of the relevant Service). For the avoidance of doubt, no Service is guaranteed to result in a placement.
LJC shall not be in breach of these Terms if events beyond its reasonable control prevent LJC from performing the Services.
It is the Client’s responsibility to protect their computers against any viruses and malware.
These Terms contain the entire agreement (except any additional written agreement) and understanding between LJC and the Client. The Client acknowledges that it has not relied on any representation made by LJC in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
In the event that the Client makes a claim against LJC for whatever reason, LJC’s liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall LJC be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude LJC’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
Notices to LJC shall be sent by email to firstname.lastname@example.org and notices to the Client shall be sent by email to the address supplied on set up of the Client’s account.
From time to time LJC will contact Clients in order to evaluate the service they receive and also to promote LJC’s services and products. LJC monitors the quality of vacancies from time to time in order to provide a better service to candidates.
The Client undertakes not to solicit, or endeavor to solicit, for employment or engagement with itself or any associated company or organization, any employee of LJC. Breach of this clause shall be a material breach and will entitle LJC, without prejudice to any other remedies it may have, to terminate the Client’s account and Services immediately.
The Client will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 4 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
The Client shall not resell any Services without the express written permission of LJC. LJC reserves the right to impose any restrictions it deems fit should it provide permission for the reselling of any of the Services.
The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
By submitting a vacancy to the Website, the Client is authorizing LJC to post such vacancy and submit candidates ranked by LJC in accordance with the Client’s criteria (if any).
The Client is responsible for the content of the vacancy and will indemnify LJC against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
The Client shall include in the job description the following information:
Any qualifications and/or authorizations required by law or any or by any relevant professional body:
If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
Where the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client’s identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
Applicants’ responses will be directly by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants’ responses and LJC accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant’s identity, eligibility to work, experience, training, qualifications and authorizations required by the Client, by law or by any relevant professional body for the vacancy.
All and any subsequent dealings between the Client and any applicant in connection with the applicant’s response to the job posting are the responsibility of the Client, and LJC accepts no liability whatsoever therewith. The Client will indemnify LJC against any Losses in connection therewith.
The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at: https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice
The Client shall indemnify LJC against any Losses in connection therewith.
The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 (“the Regulations”) and the Employment Agencies Act 1973 in relation to all vacancies posted on LJC’s site, communications with applicants and management of applicants’ details. The Client shall indemnify LJC against any Losses in connection therewith.
The Client shall not post any vacancy where:
there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (1) to obtain copies of any relevant qualifications or authorizations of the candidate; (2) to obtain two references from persons who are not relatives of the candidate; and (3) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.
By posting any vacancy set out in sub-clauses 39 (a) and (b) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clauses 38 (b) (1) and (2) to the hirer.
The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold LJC harmless against any Losses in connection therewith. The Client shall use all reasonable endeavors to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
LJC reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
those that LJC considers illegal, inappropriate or fraudulent
those that directly or indirectly require or ask for application or registration fees
those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
those that have been indiscriminately posted or duplicated across multiple sectors
those of Clients who solicit staff from any member of LJC.
Free job postings are allocated to the Client as a company, firm or other organization, rather than to individual users or business units. Franchised businesses are allocated free job postings centrally – to be shared amongst its franchisees – and not to each franchised operation.