Additional Terms for Institutions
Last updated: 4 August 2014
This Additional Terms are additional terms and conditions which apply to Instituations including HireWire and any other web-based recruitment services (the “Recruitment Service") and should be read in addition to the General Terms & Conditions.
The Terms and Conditions apply to any institution including any instiution choosing to use the Recruitment Service. In the event of any conflict of the General Terms and Conditions, the terms of this Additional terms shall prevail over General Terms and Conditions.
Please read these Terms and Conditions carefully before using this Website as your request of a User Account (as defined below) indicates that you agree to be bound by these Terms and Conditions.
Recruitment Service Appointment
You hereby appoint TSL Education, and TSL Education accepts such appointment, to provide the Recruitment Service in accordance with these Terms and Conditions. As part of the Recruitment Service we will:
- create and provide an individual "User Account" for each of your nominated staff members and show you how to create further User Accounts for other staff members as and when you need them. All staff with User Accounts are referred to as "Users" in these Terms and Conditions.
- provide all reasonably necessary training to the Users to enable them to use the Recruitment Service.
- create and host a dedicated microsite branded for your Institution (the "Microsite").
- provide Users with reasonable levels of support and advice in relation to their use of the Recruitment Service.
Recruiting Service Requirements
We provide the web-based Recruitment Service which provides recruitment management and access to applicants completely free of charge. However, we will need you to give us the information, staff time and assistance that we may reasonably require in order to enable us to activate your User Accounts and provide the services you need. We also provide an advertising service which is subject to additional terms and conditions and is a paying service.
Information made available to you through the Website or Microsite is provided solely for the purpose seeking and recruiting staff. You may not use, print and download information from the Website or Microsite for any other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material or Content from the Website or Microsite.
You shall delete all personal information obtained through the Recruitment Service upon conclusion of your search for a suitable candidate or in accordance with your obligations under the Data Protection Act 1998 (the “DPA”), unless the applicant has expressly consented to the retention and continued processing of his/her personal data.
You shall deal fairly and professionally with all applicants who respond to an advertisement you have posted on the Website or Microsite and shall not do anything which may bring the Website or Microsite and/or TSL Education into disrepute.
Using the Recruitment Service
Each User will be able to save text, data, graphics, other file attachments and other content into the Recruitment Service in order to place and file related documentation for jobs (the “Institution Content”). All intellectual property rights in the Institution Content shall be owned by the Institution.
Although we are letting you access and use the Recruitment Service, all intellectual property rights, including all copyright, database rights, in (i) any Content (other than Institution Content) in the Microsite or the Website (ii) HireWire and (iii) the database of applicants’ information and CVs shall be owned by us or our third party suppliers.
A few points to note
As this is a free service, you acknowledge and accept that the Microsite, the Website and the Recruitment Service are made available on an "as is" basis and that (to the extent we can exclude implied warranties) we give no warranties in relation to the availability or performance of the Microsite, the Website or the Recruitment Service or any other services or facilities we may provide to your Institution from time to time.
This Recruitment Service is free, however, advertising a vacancy on the Website or Microsite will be subject to payment and to additional terms and conditions
On occasion, we may need to modify, suspend or discontinue (temporarily or permanently) the provision of the Recruitment Service, any User Account or any other of our services or facilities and we shall not be liable to your Institution or any third party in relation to any loss, damage or cost incurred as a result.
We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
You shall (and you shall also procure that all Users shall comply with these Terms and Conditions, as amended from time to time.
To the extent that either you or TSL Education is acting as a data controller, each party shall comply with its respective obligations under the DPA. You acknowledge that TSL Education may process personal data relating to an applicant and/or a User for its own purposes as a data controller.
To the extent that TSL Education is processing any personal data on your behalf as a data processor, TSL Education shall:
- implement and maintain appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
- process the personal data only in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in these Terms and Conditions or as otherwise notified to us).
To the extent that TSL Education as a data controller transfers personal data to you, you represent, warrant and undertake that:
- you will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
- you have no reason to believe that any local laws are in existence that would have a substantial adverse effect on the guarantees provided for in these Terms and Conditions, and that it will promptly inform TSL Education if it becomes aware of any such laws;
- you will identify a contact point authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with TSL Education, the data subjects and the UK Information Commissioner concerning all such enquiries within a reasonable time; and
- you will process the personal data in accordance with the data processing principles set forth in the Data Protection Act 1998.
To the extent that you as data controller transfers personal data to TSL Education, you represent, warrant and undertake that:
- the personal data provided to you has been collected, processed and transferred in accordance with English law; and
- you shall respond to enquiries from data subjects and the UK Information Commissioner concerning the personal data transferred to you.
You agree to indemnify, defend and hold TSL Education and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys' fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the User-Uploaded Content, our Websites, Services and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by TSL Education.