SplitFee is the UK’s Largest Recruitment Network - A faster route to hiring for employers and a great route to new business for recruiters.
With SplitFee, a hirer can cast the net as wide as needed to reach many more candidates with just one point of contact on a platform that has over 1000 specialist recruiters and growing weekly. The portal can manage all recruitment activity and take the pressure off hirers.
A hirer can ramp up their needs and engage with more recruiters and access more talent when required – it’s totally flexible.
How It Works
Described as an "eBay for recruiters", recruiters can build their entire business from the SplitFee network, much as virtual retailers have done with the online auction site.
Employers add jobs and recruiters can request to work on any live vacancy and earn a great fee.
Recruiters and Employers simply register on the platform for free – our support team help you get up and running fast. For employers it’s a way to access a much wider talent pool. For recruiters it’s a way to earn full fees and win new clients.
Email us for more information at: email@example.com
Call Milo Tipper on 07788 211 341 or 0161 232 0991
Terms & Conditions
TERMS OF BUSINESS
The term 'Splitfee.org' or 'SplitFee' or 'The British Institute of Recruiters' or 'BIOR' or 'Us' or 'We' refers to the owner of this master vendor Platform and whose registered office are Suite 3, First Floor, Parkway 2, Princess Road, Manchester M14 7LU. The term 'you' refers to the user or viewer of this Platform.
The SplitFee master vendor Platform introduces employer hirers to recruitment agencies and facilitates their communication and transactions.
These Terms of Business together with our Website Terms and Conditions [https://splitfee.org/website-terms-conditions] apply each time our platform is used. When registering to use our Platform you agree to be bound by these terms and conditions (the “Contract”).
The Contract may only be varied with our written consent. We reserve the right to vary the terms and conditions of the Contract without notice. By continuing to use this Platform after such a change you will be deemed to accept the varied terms. Therefore, the Contract must be reviewed each time our Platform is used.
The following definitions and rules of interpretation apply in these terms and conditions.
Account Manager – Means the Employers Platform representative responsible for discharging the instructions of the Employer on the Platform for the purpose of posting and filling the Employer’s Vacancy.
Agreement – Means the agreement between you and Us pursuant to these terms for the use of our Services.
Assignment – Means the services undertaken by a Contractor for a temporary duration under the direction and control of the Employer following an introduction through SplitFee Website.
Assignment Information – Means all details of an assignment relevant to the Recruiter’s obligations under the Conduct Regulations (including but not limited to the type of work, hours or work, location, proposed start date and proposed duration, health and safety matters requiring notification to the Contractor and any regulatory or statutory requirements which the Contractor must satisfy prior to commencement).
AWR – Means the Agency Workers Regulations 2010.
Candidate – Means an individual introduced to an Employer for a permanent or contract vacancy posted on the SplitFee Website.
Candidate Consent – Means proof that must be supplied by a Recruiter that a Candidate has given the Recruiter express permission to forward their CV/information to the Employer for consideration for a specific Vacancy each and every time the Candidate’s information is submitted for a Vacancy on the Platform.
Certification – Means the Recruiter undergoing and passing the British Institute of Recruiter’s Certification Scheme.
Company Profile – Means a page on the Platform that shows Employer company information including business description, company logo, relevant images and social media links.
Conduct Regulations – Means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Contractor – Means an individual or company introduced to an Employer for a temporary Assignment posted on the SplitFee Website.
Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures – Means as defined in the Data Protection Legislation.
Data Protection Legislation – Means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Employer – Means any person (whether an individual, company, limited liability partnership or a partnership) who uses the Services to post vacancies with a view to employing Candidates and / or Contractors.
Employment – Means the employed role agreed between an Employer and a Candidate.
Engagement – Means an Employer approving any request by a Recruiter to engage and work on their Vacancy in the SplitFee Platform. Engagement allows the Recruiter to see the Employer’s details and Vacancy information and submit Candidates for the role.
Intellectual Property Rights – Means Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Introducer – Means the platforms role in the transaction as a master vendor, introducing recruiters to hirers.
Marketplace – Means the Split Fee Platform/Marketplace which acts as a master vendor, introducing recruiters to hirers.
Payment Schedules – Means the dates at which Placement Fees are invoiced by Us to Employers, the dates by which Employers should pay the Placement Fees and the dates of payments of Placement Fees to Recruiters.
Placement Fee – Means the fee set by the Employer on the Platform when posting a Permanent Vacancy. This fee invoiced by Us to the Employer on the Start Date of a Candidate’s Employment with an Employer. This fee is payable to Us by the Employer within 30 days of receipt of Our Invoice. Invoices will be raised on a Candidate’s Start Date. The portion of the Fee Placement Fee payable to the Recruiter shall be calculated by deducting any Platform Commission payable.
Platform – Means the SplitFee Marketplace which acts as a master vendor, introducing recruiters to hirers.
Platform Commission – Means the Platform’s Commission payment of 50% of the Placement Fee deducted on collection of the Placement Fee from the Employer should the Recruiter not be on a Subscription Plan.
Platform Fee – Means the fee payable by the Employer for the default Premium Service Package which includes a dedicated Platform Account Manager that will fully support the Employer in using the Services from Vacancy posting through to interview scheduling and offer stage.
Portal Member – Means any registered Employer or Recruiter.
Premium Service Package – Means the Service Package provided to the Employer which includes a dedicated Platform Account Manager that will fully support the Employer in using the Services from Vacancy posting through to interview scheduling and offer stage.
Rebate – Means for permanent roles only a Rebate is a sum that maybe repayable to the Employer if a Candidate leaves their permanent role in a given as identified in the Rebate Period. A Rebate payment is only applicable if the Employer paid our Placement Fee invoice within the 30-day terms else no Rebate is payable.
Rebate Period – Means a period between the Candidate’s Employment Start Date and the Candidate’s date of termination of Employment.
Recruiter – Means any person (whether an individual, company, limited liability partnership or a partnership) who uses the Services to introduce Candidates and / or Contractors to an Employer that has advertised a vacancy the SplitFee Website.
Recruiter Fee – The portion of the Placement Fee payable to the recruiter after any Platform Commission or deductions if applicable.
Recruiter Subscription Plan – Means the monthly fee a Recruiter pays to access the full Placement Fee (no Platform Commission deducted) and additional privileges and Services on the Platform as indicated in the Recruiter Subscription Plan details outlined on Our website.
Registration Information – Means all information relevant to billing and contact. This includes but is not limited to account holder’s name and address, billing contact address, telephone number and email address and credit card / bank details.
Services – Means the provision of access to Our SplitFee Platform that introduces Employers to Agencies and facilitates their communication and transactions. In the provision of the Services We do not act as an Employment Agency as defined by the Employment Agencies Act 1973. We act as an introducer only and as such are not liable for any losses of any kind including but not limited to damages, losses and / or costs suffered and / or incurred by us because of any breach of this contract or its negligent acts or omissions. The SplitFee Service acts as only a master vendor, introducing recruiters to hirers.
Split Fee – Platform/marketplace which acts as a master vendor, introducing recruiters to hirers.
Start Date – Means the date of commencement of the employed role as agreed between an Employer and a Candidate or in respect of temporary recruitment means the first day of an Assignment.
Transfer Fee – Means a fee (also called a ‘temp-to-perm’ fee) you can sometimes charge to hirers if they give a Permanent job to a Candidate you have provided.
Vacancy – Means a Permanent or Contract Employment Vacancy posted by the Employer or the Employers Platform Account Manager on the Marketplace.
Varification – Means the Recruiter Verifying their Profile on the platform.
Website – Means SplitFee.org
WTR – Means the Working Time Regulations 1998
A. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
B. Any words following the terms including, include for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
1. Basics of Contract
1.1. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2. We reserve the right, at our absolute discretion to accept or reject registration applications or any Vacancy Postings as we see fit.
1.3. The Recruiter and the Employer warrant that they shall provide complete and accurate Registration Information to Us and undertake to promptly notify Us of changes to the Registration Information.
2. Employer’s Obligations (Permanent Recruitment)
2.1. The Employer shall use its best endeavours to keep all information relating to any Candidate confidential.
2.3. The Employer consents to us disclosing the information that you provide to us to Recruiters and Candidates.
2.4. The Employer accepts that it is responsible for carrying out and satisfying itself as to the suitability of the Candidate prior to employing such Candidate. The Employer is responsible for obtaining all and any verification checks that may be relevant (including but not limited to references, medical requirements, security or criminal records, qualifications, training and the right to work).
2.5. When a Candidate accepts an offer of employment the Employer agrees to notify Us within 48 hours by email to their Account Manager and warrants that the information provided shall be complete and accurate in all material respects. Following receipt of notification an invoice will be issued for the Placement Fee payable by the Employer within 30 days of receipt.
2.6. The Employer agrees to ensure the Placement Fee for a Vacancy it adds is not lower than 12 percent (12%) of the Candidate’s first year salary.
2.7. The Employer agrees and accepts that the Placement Fee shall be payable if the Employer subsequently employs or re-employs a Candidate on a permanent or temporary basis within 6 months of being introduced to a Candidate through the Services or within 6 months from the date of termination of Employment or withdrawal of an offer made to a Candidate following an introduction through the Services. In such circumstances the full Placement Fee shall be payable and no Rebate shall apply.
2.8. In the event the Recruiter submits a CV the Employer has previously received, the Employer must immediately make this known to the Recruiter and Platform and if requested provide evidence to substantiate this.
2.9. In the event the Employer receives the same Candidate CV from multiple Recruiters, Candidate ownership shall be the sole determination of the Employer and will lie with Recruiter that can demonstrate the Candidate’s engagement by the Recruiter including proof of briefing the Candidate about the Employer and Vacancy and the Candidate’s explicit consent to be put forward for the role in accordance with GDPR, dated and in writing.
3. Employer’s Obligations (Temporary/Contractor Recruitment)
3.1. The payments and terms relating to each Assignment must be agreed between the Recruiter and the Employer.
3.2. In relation to temporary recruitment We solely facilitate introductions between the Recruiter and the Employer.
3.3. The Employer agrees to use its best endeavours to keep all information relating to any Contractor confidential.
3.5. The Employer consents to Us disclosing the information that it provides to Us to Recruiters and Contractors.
3.6. The Employer agrees to provide to the Recruiter with complete and accurate Assignment Information to enable the Recruiter to comply with its statutory obligations under the Conduct Regulations.
3.7. The Employer accepts that it is responsible for satisfying itself that the Recruiter has verified the suitability of the Contractor before engaging such Contractor (including but not limited to any eligibility checks, references, medical requirements, security or criminal records, qualifications, training and the right to work).
3.8. When a Contractor accepts an Assignment you agree to notify Us within 48 hours by emailing your Platform Account Manager and warrant that the information provided shall be complete and accurate in all material respects.
3.9. The Employer agrees to co-operate with the Recruiter in relation to all statutory obligations arising under the Conduct Regulation, IR35, WTR and the AWR. This co-operation shall include:
3.9.1. The provision of information reasonably requested by the Recruiter to discharge its obligations under the WTR;
3.9.2. The provision of information reasonably requested by the Recruiter to discharge its obligations under the AWR;
3.9.3. Ensuring that no action is taken which would lead to the Recruiter breaching the WTR and AWRs;
3.9.4. Providing advance notification to the Recruiter if the Contractor may be required to work in excess of 48 hours per week (a normal working week will commence on a Monday). Such notification should be given prior to the commencement of an assignment but if working patterns change during an assignment the notification must be provided before the Monday of the week in which 48 hours or more will be worked.
3.10. The Employer warrants that the information provided to the Recruiter under clause 4 shall be true and accurate in all material respects.
3.11. Within 7 days of a request from Us the Employer agrees to provide a copy of the terms and conditions agreed with the Recruiter for each Assignment.
4. Employer’s Charges and Payments (Permanent Recruitment)
4.1. On the commencement of Employment We will invoice the Employer for the Placement Fee. The Employer shall pay the invoice in full and cleared funds within 30 days of the invoice date into the bank account stated on the invoice.
4.2. In the event that the Recruiter and / or the Employer dispute the source of an introduction We shall request that all relevant parties submit relevant documentation and written representations (if applicable) relating to the Candidate’s introduction in writing. Such documentation must be received by Us within [10 calendar days] of the request. There shall be a presumption that the first introduction by a Recruiter through the Platform was the valid introduction unless there is clear evidence to the contrary. As an independent party we shall review the available evidence and determine the source of the introduction and whether the Placement Fee is payable. The parties accept that Our decision shall be final.
4.3. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.4. If the Employer fails to make a payment due to Us under the Contract by the due date, then, without limiting our remedies under clause 9, the Employer shall pay interest on the overdue sum in accordance with the Late Payments of Commercial Debts (Interest) Act 1998 as amended from time to time and any Rebate payable is forfeited.
4.5. If the Employment is terminated by the Candidate or the Employer within 60 days of the commencement of the Employment and the Placement Fee was paid by the Employer in accordance to clause 4.1 then a portion of the Placement Fee paid to us will be refunded in accordance with the scale set out in clause 4.6 and subject to the conditions set out in clauses 4.7 (the “Rebate”).
4.6. On the termination of an Employment, the scale of Rebate is as follows:
4.6.1. If the termination date is within 40 days of the commencement of Employment the scale of Rebate shall be 100% of the Placement Fee;
4.6.2. If the termination date is between 41 and 60 days of the commencement of Employment the scale of Rebate shall be 50% of the Placement Fee;
4.6.3. If the termination date is more than 60 days after the commencement of Employment no Rebate shall apply.
4.7. In order to qualify for a Rebate, the Employer must:
4.7.1. pay the Placement Fee within 30 days of the date of the invoice;
4.7.2. notify Us of the termination and the reasons for termination in writing within 7 days of the termination date; and
4.7.3. if requested by us provide a copy of the Candidate’s letter of termination.
4.8. If the Employer fails to make a payment due to Us under the Contract by the due date, then, without limiting our remedies under clause 9, We reserve the right to assign the debt (or part of the debt) to the Recruiter who made the Placement.
4.9. All amounts payable by the Employer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT).
5. Recruiter’s Obligations (Permanent Recruitment)
5.1. The Recruiter undertakes that it shall at all times comply with The Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Equality Act 2010.
5.2. The Recruiter warrants that it is suitable to act as an Employment Agency and agrees that it shall not register for the Services as an Employer without our express written consent.
5.3. The Recruiter accepts that advertisements and branding (beyond your profile page) are not permitted on SplitFee Platform.
5.4. The Recruiter agrees to use its best endeavours to keep all information relating to any Candidate confidential and expressly agrees that all CV’s posted on the SplitFee website shall be anonymised.
5.6. The Recruiter consents to Us disclosing the information that you provide to Us to Employers and Candidates.
5.7. The Recruiter undertakes to operate and document screening procedures with each Candidate to ensure they meet the relevant criteria of the vacancy and that they consent to the submission of their CV for the vacancy prior to submission. The Recruiter agrees to provide a copy of such evidence within 7 days of a written request from Us (such requests shall specify the Candidate(s) and or the vacancy(ies).
5.8. The Recruiter agrees that Engagement on a Vacancy on the SplitFee Platform means the of CVs and communication with the Employer must be through the SplitFee Platform. Attempts by a Recruiter to contact an Employer or submit a CV to an Employer regarding a Vacancy posted on the SplitFee Platform by any method outside of the SplitFee Platform shall be a material breach of contract permitting suspension or termination in accordance with clause 9.
5.9. The Recruiter accepts that it is the Employers sole decision on which Recruiters to engage with and that the Platform is not liable of any losses you may incur as a result of any Recruiter not getting engaged on roles.
5.10. The Recruiter accepts that profiles on the Platform must be Verified using the platforms Verification process in order to ensure employers that the Recruiter profile and information is that of a real person. The cost for Verification is purely an admin cost.
5.11. The Recruiter accepts that there will be no refund available for Profile Verification payments received under any circumstances as admin charges will have been incurred by the Platform.
5.12. The Recruiter accepts that gaining Certification from the BIOR in no way guarantees their engagement on any Vacancies on the Platform as engagement with Recruiters is at the sole discretion of Employers therefore no Certification refunds are applicable under any circumstances.
6. Recruiter’s Obligations (Temporary/Contractor Recruitment)
6.1. The payments and terms relating to each Assignment must be agreed between the Recruiter and the Employer.
6.2. Within 7 days of a request from Us the Recruiter agrees to provide a copy of the terms and conditions agreed with the Employer for each Assignment.
6.3. The Recruiter accepts that it is responsible for carrying out and satisfying itself as to the suitability of each Contractor for each Assignment before the commencement of the Assignment. The Recruiter is responsible for obtaining all and any verification checks that may be relevant (including but not limited to references, medical requirements, security or criminal records, qualifications, training and the right to work).
6.4. The Recruiter undertakes that it shall at all times comply with The Conduct Regulations and the Equality Act 2010.
6.5. The Recruiter warrants that it is suitable to act as an Employment Business.
6.6. The Recruiter agrees that in supplying a Contractor the Recruiter shall at all times comply with the statutory obligations of the AWR.
6.7. The Recruiter agrees to use its best endeavours to keep all information relating to any Contractor confidential and expressly agrees that all CVs posted on the SplitFee Portal shall be anonymised.
6.8. The Recruiter undertakes to operate and document screening procedures with each Contractor to ensure they meet the relevant criteria of the role and that they consent to the submission of their CV for an Assignment prior to introduction. The Recruiter agrees to provide a copy of such evidence within 7 days of a written request from Us (such requests shall specify the Contractor(s) and or the Assignment(s).
6.9. The Recruiter agrees that Engagement on a Vacancy on the SplitFee Platform means the of CVs and communication with the Employer must be through the SplitFee Platform. Attempts by a Recruiter to contact an Employer or submit a CV to an Employer regarding a Vacancy posted on the SplitFee Platform by any method outside of the SplitFee Platform shall be a material breach of contract permitting suspension or termination in accordance with clause 9.
6.10. The Recruiter accepts that it is the Employers sole decision on which Recruiters to engage with and that the Platform is not liable of any losses you may incur as a result of any Recruiter not getting engaged on roles.
6.11. The Recruiter accepts that profiles on the Platform must be Verified using the platforms Verification process in order to ensure employers that the Recruiter profile and information is that of a real person. The cost for Verification is purely an admin cost.
6.12. The Recruiter accepts that there will be no refund available for Profile Verification payments received under any circumstances as admin charges will have been incurred by the Platform.
6.13. The Recruiter accepts that gaining Certification from the BIOR in no way guarantees their engagement on any Vacancies on the Platform as engagement with Recruiters is at the sole discretion of Employers therefore no Certification refunds are applicable under any circumstances.
7. Recruiter Charges and Payments (Permanent Recruitment)
7.1. On the commencement of the Employment the Recruiter shall submit an invoice to Us for the Recruiter Fee. The Platform’s Commission payment of 50% of the Placement Fee shall be deducted from any invoice of the Placement Fee should the Recruiter not be on a Subscription Plan with all subscription payments up to date up to the point the Placement Fee payment is due in accordance with clause 7.3.
7.2. On receipt of the Placement Fee from the Employer we shall deduct our Platform Commission if applicable. Subject to the receipt of the corresponding Placement Fee the Recruiter shall be paid the Recruiter Fee in accordance with clause 7.3.
7.3. Payment of the Recruiter Fee shall be made in 2 instalments to ensure the time during which an Employer may seek a Rebate has passed. This means the Recruiter Fee shall be paid to the Recruiter as follows:
7.3.1. 50% of the Recruiter Fee will be payable within  days of the commencement of the Employment; and
7.3.2. 50% of the Recruiter Fee will be payable within  days of the commencement of the Employment.
7.4. In the event that an Employer is entitled to a Rebate pursuant to clause 4.6 the Recruiter agrees to re – invoice Us based on the Recruiter Fee payable after Rebate deductions and any Platform Commissions.
7.5. The Recruiter agrees that We may deduct from the Recruiter Fees payable, by Us to the Recruiter, any sums due to us from the Recruiter including but not limited to damages, losses and / or costs suffered and / or incurred by us as a result of the Recruiter’s breach of this contract or its negligent acts or omissions.
7.6. All amounts payable by the Recruiter under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT).
7.7. We reserve the right to Terminate the Recruiter’s access to the Platform if the Recruiter Subscription Fee is not paid on time.
7.8. The Recruiter agrees that should the Placement Fee not be paid by the Employer (or only part paid) the Platform reserves the right to assign the Placement Fee debt directly to the Recruiter allowing the Recruiter to peruse the debt with the Employer directly.
7.9. The Recruiter agrees that the Platform shall not be liable for any placement fees or payments of any kind unless received (funds cleared in the Platform’s account) by an Employer for the services of the Recruiter.
8. Recruiter Subscription Plans
8.1. Recruiters can purchase a monthly Recruiter Subscription Plan that allows Recruiters to claim the full Placement Fee with no Platform Commission deducted. Additional privileges and Services on the Platform are also accessible to the Recruiter as indicated in the Recruiter Subscription Plan details outlined on Our website.
8.2. Benefits of Subscription Plans do not extend to any current Vacancies that a Recruiter is already Engaged with prior to the purchase of the Subscription Plan.
8.3. Subscription Plans last for a minimum of 3 months from purchase and require 30 days written notice of termination to your account manager.
8.4. Subscription Plans automatically renew monthly until terminated in accordance with clause 8.3.
8.5. We reserve the right to amend the Service levels offered in each plan from time to time as we see fit.
8.6. Recruiters accept that Subscription plans last for a minimum of 3 months with 30 days' notice of Termination required and that no Subscription refunds are payable regardless of the time you have held the Subscription Package.
9.1. The Recruiter agrees to enter into the Contract for a minimum period of 90 days (the “Minimum Term”. On expiry of the Minimum Term the Recruiter may terminate the Contract by giving 30 days written notice to your Platform Account Manager.
9.2. We may terminate the Contract at any time by giving the Recruiter 30 days written notice.
9.3. Without affecting any other rights or remedy available to Us, we may terminate the Contract with immediate effect by giving written notice to the Recruiter if:
9.3.1. the Recruiter breaches any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;
9.3.2. the Recruiter takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
9.4. We may, without notice and at our absolute discretion, suspend the Recruiter’s access to the Platform or our supply of the Services under the Contract or any other contract between the parties (Account Suspension).
9.5. The Recruiter agrees and accepts that Account Suspension may result in the forfeiture and destruction of all data, information and reviews associated with the Recruiter’s account.
9.6. In the event of late payments for any part of the Service or Recruiter Subscription Plan Payments we reserve the right to suspend Portal and Serice access with immediate effect and transfer any to our payment collection partners.
10. Consequences of Termination
10.1. On termination of the Contract the Recruiter shall immediately pay to Us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by the Agency immediately on receipt.
10.2. The Recruiter agrees and accepts that Account Termination will result in the forfeiture and destruction of all data, information and reviews associated with the Agency’s account.
10.3. Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
10.4. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
11. Intellectual Property Rights
All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Recruiter or the Employer) shall be owned by Us.
12. Data Protection
12.1. The parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 12 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this Clause 12, Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the Data Protection Legislation from time to time in force in the UK and any other law that applies in the UK.
12.2. The parties acknowledge that for the purposes of the Data Protection Legislation, the Recruiter is the controller and We and the Employer are the processor.
12.3. Without prejudice to the generality of Clause 12.1, the Recruiter will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to the Supplier for the duration and purposes of the Contract.
13.1. The Portal Member shall defend, indemnify and hold harmless Us against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Portal Member's use of the Portal and/or the Split Fee Services and that of its Authorised Users:
13.2. In no event shall We, Our employees, agents and sub-contractors be liable to the Portal Member to the extent that the alleged infringement is based on:
13.2.1. the content contained on the Portal or which forms part of the SplitFee Services which has been provided by or on behalf of any Portal Member; or
13.2.2. the Portal Member's use of the Portal or the Split Fee Services in a manner contrary to the instructions given to the Portal Member by Us; or
13.2.3. the Portal Member's use of the content on the Portal or as part of the SplitFee Services after notice of the alleged or actual infringement from Us or any appropriate authority.
13.3. This clause 13 and 14 state the Portal Member's sole and exclusive rights and remedies, and Our (including Our employees', agents' and sub-contractors’) entire obligations and liability, for infringement of any Intellectual Property Rights.
14. Limitation of Liability
14.1. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or
personal injury caused by negligence; or
(b) fraud or fraudulent misrepresentation.
14.2 Subject to clause 14.1, the Our total liability to the Portal member in respect of all breaches of duty occurring within any contract year shall not exceed the cap.
(a) The cap is the greater of £0 and 0 per cent (0.0%) of the total charges in the contract year in which the breaches occurred.
(b) contract year. A contract year means a 12-month period commencing with the Commencement Date or any anniversary of it;
(c) total charges. The total charges means all sums paid by the Customer and all sums payable under the Contract in respect of goods and services actually supplied by the Supplier, whether or not invoiced to the Customer; and
(d) total liability. The Supplier’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
14.3 No amounts awarded or agreed to be paid under [CROSS-REFER TO RELEVANT CLAUSES] shall count towards the cap.
14.5 This Clause 14.5 sets out specific heads of excluded loss and exceptions from them:
(a) Subject to Clause 14.1, the types of loss listed in Clause 14.5(c) are wholly excluded by the parties, but the types of loss and specific losses listed in Clause 14.5(d) are not excluded.
(b) If any loss falls into one or more of the categories in Clause 14.5(c) and also falls into a category, or is specified, in Clause 14.5(d), then it is not excluded.
(c) The following types of loss are wholly excluded:
(i) Loss of profits
(ii) Loss of sales or business.
(iii) Loss of agreements or contracts.
(iv) Loss of anticipated savings.
(v) Loss of use or corruption of software, data or information.
(vi) Loss of or damage to goodwill.
(vii) Indirect or consequential loss.
(d) The following types of loss and specific loss are not excluded:
(i) Sums paid by the Customer to the Supplier pursuant to the Contract, in respect of any Services not provided in accordance with the Contract.
(ii) Wasted expenditure
(iii) Additional costs of procuring and implementing replacements for, or alternatives to, Services not provided in accordance with the Contract. These include but are not limited to consultancy costs, additional costs of management time and other personnel costs, and costs of equipment and materials.
(iv) Losses incurred by the Customer arising out of or in connection with any third-party claim against the Customer which has been caused by the act or omission of the Supplier. For these purposes, third party claims shall include but not be limited to demands, fines, penalties, actions, investigations or proceedings, including but not limited to those made or commenced by subcontractors, the Supplier’s personnel, regulators and customers of the Customer.
14.6 This Clause 14 shall survive termination of the Contract.
15. Force majeure
15.1. No party to this Contract shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
15.2. Assignment and other dealings.
15.3. We may at any time assign, mortgage, charge, debts, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
15.4. The Portal Member shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
16.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party.
16.2. Each party may disclose the other party’s confidential information:
a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 11.3; and
b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
17. Entire Agreement
17.1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
17.3. Nothing in this clause shall limit or exclude any liability for fraud.
Except as set out in these Conditions, no
variation of the Contract shall be effective unless it is in writing and signed
by the parties (or their authorised representatives).
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
21.1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by fax to its main fax number.
21.2. Any notice shall be deemed to have been received:
(i)if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or
(iii) if sent by fax, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this Clause 11.8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
21.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
22. Third Party Rights
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
23. Governing Law
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
The British Institute of Recruiters is the highest standard mark in British recruitment, and we work hard every day to make your experience using our site and services the best it can be.
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We will collect personal information about you, including your personal details and your course details if applicable. We do this by capturing the information you give us using online forms or over the phone, and by cookies.
Our teams will have access to some of this information, so that they can provide you with excellent service. If you have opted in to receive communications this will continue as before, and you can unsubscribe at any time.
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The BIOR may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 2nd Nov 2020.
What we collectWe may collect the following information:
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What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
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We will retain your personal data for as long as is necessary for the purpose it was collected. In most cases, if you have subscribed to an email alert or subscription service, we will keep your personal data for as long as you are subscribed to that service and delete that data once you have requested to be removed.
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Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal informationYou may choose to restrict the collection or use of your personal information in the following ways:
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We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
We do not store financial information after processing.
Your data protection rights
Under data protection law, you have rights including:
Your right of access - You have the right to ask us for copies of your personal information.
Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances.
Your right to object to processing - You have the right to object to the processing of your personal data in certain circumstances.
Your right to data portability - You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
Please contact email@example.com if you wish to make a request.
How to complain
You can also complain to the ICO if you are unhappy with how we have used your data.
The ICO's address:
Information Commissioner's Office
Our contact details
The British Institute of Recruiters, Suite 3, Parkway 2, Manchester M14 7LU (we, us, our) is committed to protecting and respecting your privacy. We are registered with the ICO and our registration number is Z2629644. Questions, comments, and requests regarding this Policy or data protection matters should be addressed to firstname.lastname@example.org
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If you are unhappy with any aspect of our service and wish to make a complaint, please contact us using the procedure below. We will acknowledge your complaint and aim to let you have a full response within 20 working days. If it is not possible to respond fully within this timescale, we will endeavour to respond as soon as possible and let you know why, and advise when you should receive a full response.
How to submit Complaints
- You can submit your complaint in the following ways:
- By email: email@example.com
- By post: BIOR Complaints, 76 Manchester Road, Manchester, M34 3PS
What to include
You should provide as much information as possible and keep hold of any supporting documentation, which may be requested at a later stage
After a complaint has been made
Receipt of your complaint will be acknowledged as soon as possible. Your complaint will then be assessed to consider:
- Whether we have the power, remit and capacity to investigate.
- Whether the alleged misconduct is sufficiently serious to merit an investigation.
In support of your complaint you may be asked to provide more information or background research.
Our Complaints Team aims to consider 90 per cent of all complaints within six months of receipt.
It is important to note that our Complaints team:
- Help complainants resolve issues where possible.
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Feedback on a complaint
As all investigations are confidential, no direct feedback is given to a complainant on the progress of a complaint. This includes the decisions as to whether or not to investigate. Where an investigation leads to follow-up action being taken against an individual or company, the results may become public knowledge or be reported in the press.
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