BACKGROUND:

The objective of this document is to outline the Terms & Conditions for Employers who are using the 365Jobs website, https://365jobs.co.uk/ ("the Site") by articulating the responsibilities of Finstech Ltd t/a 365Jobs ("365Jobs") and the responsibilities of Companies ("Employer") who use the site, when it comes to posting jobs ("Job Posting") and using candidate ("Job Seeker") information.

Definitions & Interpretations

This is the [https://365jobs.co.uk/] ("the Site"). Your use of the Site is subject to the following terms and conditions which you will acknowledge acceptance of when you create a Client account on the Site.

"We" means [Finstech Ltd t/a 365Jobs], and "our" shall be construed accordingly. "You" or "Employer" means the person, company or organisation browsing and/or using the Site, and "your" shall be construed accordingly.

"Finstech Ltd T/A 365Jobs" means all companies that are connected with us. A company is connected with us if it is: (i) a subsidiary or holding company of us; (ii) controlled by the same person(s) who control us; (iii) a subsidiary or holding company of any company in (i) or (ii) above; or (iv) in the same group as any company under (i), (ii) or (iii) above.

"Subsidiary" and "holding company" shall be as defined in section 1159 of the Companies Act 2006. The term "control" shall have the same meaning as defined in Section 416 of the Income and Corporation Taxes Act 1988. Two companies are in the same group if they share the same ultimate holding company.

By creating a Client account on the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms & conditions, you must not create an account or if you have and you don't want to agree to these terms & conditions anymore, you must notify us on hello@365Jobs.co.uk and we will delete your account otherwise you will be bound by these terms & conditions.

You further agree that the Privacy Policy for all users of the Site also apply. For the avoidance of doubt where the Terms of Service for all users overlap or conflict with the Terms & Conditions for Candidates, you agree that this Terms & Conditions for Clients will govern.

1. Employer Accounts

When you access or use the Site in your capacity as an employee or other representative of an Employer, or if you create an 365Jobs account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide 365Jobs through the account, such as the actions you take and when you take them, will be visible to the Employer. As part of this account you may have an individual profile ("Employer Profile"). Your Employer Profile consists of information you provide on the Site in the under the 'My Account' section of the Employer Profile.

As an Employer, your account is for business use and not for personal use. 365Jobs is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an 365Jobs account, you agree to receive mandatory email updates regarding account activity to your 365Jobs account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

You agree that 365Jobs may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. 365Jobs cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that 365Jobs bears no responsibility for doing so. 365Jobs makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

365Jobs may offer suggestions, recommendations, or information to users that may support or improve their experience on 365Jobs Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools or advice offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws related to job postings, and whom you interview or hire. 365Jobs assumes no responsibility and disclaims all liability for any actions you take based on any information provided by 365Jobs. 365Jobs may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however 365Jobs is not responsible for, and you are solely responsible for, compliance with minimum wage, local language and other legal requirements.

2. Employer Services

You acknowledge and agree that 365Jobs may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a CV and rejecting a candidate. By using these tools, you consent to any information shared through the Site being processed and analysed by 365Jobs according to this Agreement and 365Jobs's Privacy Policy. 365Jobs may store such information regardless of whether a job vacancy has been filled.

Whether you are using the Site directly or any ATS you are responsible for all the contents of any Job Postings that you post, and any and all correspondence with candidates on or off the Site and agree that 365Jobs is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site, including minimum wage requirements, wage transparency laws, or any other law. You are solely responsible for compliance with all applicable regulatory requirements related to collecting and reporting demographic information about applicants.

You agree that 365Jobs may reject or remove any Job Posting for any or no reason if it. An example where a job could be removed is if it contains any direct or indirect discrimination. You understand and agree that you are responsible for ensuring that your Job Posting requirements and criteria are job-related and in compliance with applicable law. 365Jobs does not guarantee delivery, your receipt of the Job Seeker's emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

If you use 365Jobs to send a candidate an invitation for an interview, or a message Informing them of a status update on their application, 365Jobs provides no guarantee that a Job Seeker will receive this information, so we would always encourage you to confirm any communications with the Job Seeker outside of the 365Jobs platform. When you have created a Job Posting on 365Jobs, we will attempt to send notifications of applications to the contact information provided to 365Jobs by you, however, 365Jobs has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify 365Jobs for any damages resulting therefrom.

When you create your Job Posting on 365Jobs, you acknowledge and agree that 365Jobs may send out reminder emails to Job Seekers you wish to interview. 365Jobs may also send emails to Job Seekers indicating that your Job Posting is potentially a match for the Job Seeker's CV. If you choose such option, such candidates will receive rejection notices and will be set to rejected in your candidate dashboard. You further acknowledge that 365Jobs has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed. When you use 365Jobs's candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to "rejected." If you choose such option, you acknowledge that 365Jobs has no discretion in the transmission or storage of rejection notices.

You may choose to use the Site to send the Job Seekers an invitation for an interview. 365Jobs will notify the Job Seeker using the information that the Job Seeker has provided to 365Jobs in their Candidate Portal account. 365Jobs are not responsible for the accuracy of this information, so we would encourage you to confirm any interview arrangements with the Job Seekers outside of the Site. You further agree that 365Jobs has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed.

The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time and, by scheduling such interviews, 365Jobs does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to 365Jobs is accurate. 365Jobs candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the use of these tools and any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using the 365Jobs candidate management tools, you acknowledge and agree that 365Jobs is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that 365Jobs does not act as your employment agency by offering these candidate management tools.

365Jobs does not verify the identity of any Job Seekers who apply to your Job Posting, nor does 365Jobs know a Job Seeker's motivation for applying to your Job Posting, and thus provides no guarantee as to the Job Seeker's qualifications or interest in your Job Posting. 365Jobs does not verify the accuracy of a Job Seekers CV or Account Profile and thus you agree that 365Jobs are not liable for any incorrect, in accurate or false information that appears on a Job Seeker application. You also agree that 365Jobs' functions are presented to you without warranty and 365Jobs assumes no responsibility for the communications between you and the Job Seeker, which communications are your and the Job Seekers' sole responsibility.

You shall indemnify, defend and hold harmless 365Jobs, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any content created or claimed by you, or any Job Posting, application materials or any message sent by you. 365Jobs may make Job Posting analytics data available on a Company Page or elsewhere on the Site and may provide analytics data regarding your Employer account to anyone at your company at 365Jobs's discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any 365Jobs product, 365Jobs reserves the right to suspend or terminate your use of that 365Jobs product as well as any other 365Jobs product, including but not limited to those 365Jobs products where you do not have an unpaid invoice or account balance. 365Jobs may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and legal fees 365Jobs incurs collecting such late payments.

When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Postings, CVs, applications, pre-recorded interviews, and messages) through or using the Site, 365Jobs may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Site or any other 365Jobs product or service (including to provide better search results and other Job Postings for Job Seekers and Employers), whether via automated means or otherwise. 365Jobs may also inform the Job Seeker of your actions or activity related to such materials through or using the Site. You hereby consent to 365Jobs informing the Job Seeker about such actions and activities.

You acknowledge that as part of its efforts to combat fraud and spam, 365Jobs may require that users verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.

Job Seekers can register to receive Job Alerts based on specific criterion they set in their Candidate Portal. 365Jobs uses data collected through our Site from both Employers and Job Seekers to provide this service, and you agree and consent that 365Jobs may use this information to present potential matches to you and to potential Job Seekers.

365Jobs may provide some information and content to users for informational purposes only, such as interview tips for Employers on the Site. Any action or decisions taken based on this information provided are solely the responsibility of the Employer and 365Jobs accepts no responsibility for either a positive or negative impact of any advice or information we have provided.

365Jobs may offer an AI generated Job Posting for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate and compliant with all applicable laws. All content provided by 365Jobs, including AI generated job posting information for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy.

5. Screening Tools

365Jobs may make available to you screening tools for your use for candidates who apply to your job, including an Auto-Filter function, where you enter keywords that you want to appear on Job Seeker CV's. 365Jobs is licensing these tools to you for your use as you determine. By using any screening product, made available to you by 365Jobs, you agree that you have made the determination to use these tools as part of your application process, and the keywords you choose are solely determined by you, and are not being asked by 365Jobs. You agree you are solely responsible for the use of such screening tools in compliance with the law, including any keywords that could be considered discriminatory. You agree that the Auto-Filter product is only designed to evaluate a particular knowledge, skill, or ability and it does not evaluate a Job Seeker's qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You are responsible for ensuring that your Auto Filter keyword criteria is job related and does not contain any disability or medical related discrimination in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law.

In all cases, Employers can view any applicant at any time, and 365Jobs makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision, and is not a substitute for human discretion and review. You agree not to use such functionality as the sole factor, as a factor weighted more than other factors, or to modify or overrule conclusions derived from other factors, in your decision-making or hiring processes.

6. Communication through the Site

You may receive notifications via email or your 365Jobs dashboard corresponding with your activity or use or a Job Seeker's activity on or use of the Site. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. Further, if you post a Job Posting directly on the Site, applications are sent to your 365Jobs dashboard; any other notifications you may receive are provided solely as a courtesy to you. 365Jobs disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

If you, or anyone on your behalf, view, store, send or receive communication or materials, (including messages, text messages, chats, emails, interview or other voice recordings or transcripts, and any other information) to, on or through the Site, you agree to the communication or material being processed, analysed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites' rules and other 365Jobs policies, content moderation, and to improve the Site or any other 365Jobs product or service. To achieve these purposes, we may use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. 365Jobs may also use vendors as an extension of the Site to collect, record, process, analyse, and store communication data. If you disagree with any part of these terms, do not use the Site.

You agree that you are solely responsible for the Sign placement and all Sign content including any text, QR code or design elements. Furthermore, you acknowledge and represent that your Sign and its contents do not infringe any third party rights (including copyright or trademark) or contradict any obligations you may have under an existing contract with a third party. You agree to remove or update any Sign upon 365Jobs's request. All uses of the 365Jobs Marks shall be subject to the express written approval from 365Jobs directly.

7. Fees, Refunds and Cancellations

365Jobs offers the following services to Employers:

• Free Job Posting - 28 day posting

• Paid Job Posting

  • Sponsored Postings - 28 day posting

  • Premium Package Postings - 28 day posting

  • Specialist Job Postings - posting lengths vary depending on selected job board

• Applicant Tracking System

• Auto-Filter function

• Candidate Database Search

For all Paid Job Postings, including Sponsored postings, Premium Package postings and Specialist Job Postings - payment of the required amount is due before the job is posted to the Site or any 3^rd Parties. Once the job has been processed by 365Jobs and submitted to the Site or any 3^rd Parties, any changes to the Job Posting, no matter the size, cannot be made without incurring payment of an additional fee of an equal amount to the first posting. Refunds are only payable if the following conditions apply:

• The Job Posting didn't appear on the Site or the selected 3^rd Party Site, whether they are part of the Premium Package Posting or the Specialist Package Posting

• You didn't receive any applicants for your role over a 28 day period, starting from when the job appeared on the Site or 3^rd Party Site.

If neither of these 2 conditions has been experienced then there can be no refund as you will have received the service that you have paid for and are responsible for the creation of the Job Posting itself and the wording contained therein.

The Applicant Tracking System is a free product and is provided at our discretion, therefore no refund's are applicable for any issues that are encountered from this feature of the Site.

The Auto-Filter Function & Candidate Database Search are both paid options but neither are refundable unless the Auto-Filter Function is not applied on your role, in the event you have paid for it. As the Candidate Database Search is on a subscription basis, this is subject to an additional set of terms which will explain the Fees, Refunds and Cancellation relating to that feature.

8. Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.