Postings and Temporary Staff
Careerprivacy.com,
gbjpayroll.com and gbjpremier.com are trading names of GBJ Payroll Limited a
company incorporated in Jersey, whose registered office is at 10 Orchards Mews,
St Helier, Jersey JE2 3LX and whose registered company number is 117722.
- The following definitions
apply:
"Client" means the company, firm or
organisation which has set up an account with GBJ Payroll 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;
"GBJ Payroll" means GBJ Payroll Limited,
acting through its division www.whitecollarstaff.com
"GBJ Payroll Group" means all companies
in the same group as GBJ Payroll. Two companies are in the same group if they
share the same ultimate holding company.
"Services" means the online services as
set out in clause 2.
"Terms" means these terms and conditions.
“Terms of Business” mean the standard Terms of
Business as may be agreed between the Client and GBJ Payroll Limited.
"Website" “System” means www.careerprivacy.com www.bluecollarstaff.com and includes without limitation
its content, databases, software, code and graphics.
“Applicant”, “Candidate” “Professionals” refers to
individuals who register as professionals using the profiling and recruitment
solutions for individuals on GBJ systems.
“Posts” refers to Clients posts including
chargeable vacancy postings and other free postings such as training information,
CPD information, company information and recruitment drives.
- The following Services are
available from GBJ Payroll via the Website:
Permanent and Contract Vacancy Postings, Staff
Searches and Vacancy Projects: Staff searches are provided free to Clients.
Vacancy posts and Vacancy Projects are chargeable to Clients. The cost of
vacancy posts and vacancy projects shall be notified to the Client at creation
with confirmation required by the Client that they wish to proceed with the
purchase of these services.
Temporary Vacancy Postings and Staff Searches: The
client may post unlimited free temporaray staff job posts.
Temporary Staff Bookings and Timesheet Submissions. Clients may make unlimited free
booking requests to candidates for temporary placements subject to the receipt of a completed separate GBJ Terms of Business for
temporary staff services.
Other Postings: Clients may make unlimited free postings other
than job vacancies. These posts are subject to these terms and conditions.
Professional Full Profile Access Requests. Client may request full profile
access from professionals whose profiles are of interest to them. Full profile
access, if granted by the individual, will enable full profile access to the
Client with a default duration of 1 week. Granted full profile access requests
enable full profile access subject to Clause 42.
Open Invites to Apply. Clients
may make an open invitation to apply in the future to professionals of interest
to them. Open invitations to apply have a default duration of 52 weeks. Open
invitations do not enable full profile access.
Add to Watchlist Requests Client may request permission to
add professionals whose profiles are of interest to them to watchlists. If
granted by the individual, will enable full profile access to the Client with a
default duration of 52 weeks. During this 52 week period Clients will receive a
notification if the professional changes the selected entry titled “Career
Status” within their professional profile. Watchlists enable full profile
access subject to Clause 42.
Access to Services
- GBJ Payroll provides Premier
recruitment services which are subject to a separate Premier Terms of
Business agreement. GBJ Payroll Limited shall in the case of temporary
staff bookings and timesheet submissions provide the Services in
accordance with these Premier Terms of Business. Contact kevin.golder@gbjpremier.com
- GBJ Payroll shall in the
case of permanent, contract and temporary job postings and staff searches provide
the Services in accordance with these Terms. Clients must register on the
website in order to gain access to the Services. The Services do not
constitute an offer by GBJ Payroll, and GBJ Payroll reserves the right in
its sole and absolute discretion to refuse to offer the Services to any
person or organisation.
- Clients must register on the
website in order to gain access to the Services excluding temporary staff
bookings and timesheet services.
- To be able to use services,
excepting Temporary Staff Booking Requests and Timesheet services, the
Client must verify their identity by processing a credit card transaction.
There shall be no charge made to the Client for confirming their identity
through undertaking this transaction.
- To gain access to Temporary Staff
Booking Requests and Timesheet Services the and in addition to identity
verification set out in 5. the Client must sign separate Terms of Business
with GBJ Payroll Limited in addition to accepting these Terms and
Conditions. GBJ Payroll Limited shall in the case of temporary staff bookings
and timesheet submissions provide the Services in accordance with these Terms
of Business.
- The
Services do not constitute an offer by GBJ Payroll, and GBJ Payroll
reserves the right in its sole and absolute discretion to refuse to offer
the Services to any person or organisation.
- A legally binding contract
between GBJ Payroll and the Client comprising these Terms and an Order
Confirmation will come into effect when, in the case of online services
the Client confirms they wish to proceed with the purchase of services on
the system. The Client acknowledges that such contract is conditional upon
the Client passing GBJ Payroll's identity verification process as set out
in Clause 6.
- GBJ Payroll 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 GBJ Payroll or GBJ Payroll's
reputation.
- These Terms and Conditions
and, where appropriate the Terms of Business under Clause 6. and/or
Premier Terms of Business under Clause 3, contain the entire agreement and
understanding between GBJ Payroll and the Client. The Client acknowledges
that it has not relied on any representation made by GBJ Payroll in
entering this or these contracts, 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.
Payments for Services
- The services operate on a
prepaid credit basis. GBJ Payroll does not receive payment of monies from
the Client until the credits have been used for the purchase of services
on the system.
- Online payment services will
be carried out by CityPay Limited. Payment online shall be subject to CityPay Limiteds terms and
conditions.
- Once a contract has been
formed under Clause 9, GBJ Payroll cannot accept any cancellation of the
agreed Services: no refunds will be given. For the avoidance of doubt Job
Posting/Watchlist credits do not roll over beyond the end of the contract
and cannot be part transferred to another. For Services purchased online,
refunds may occasionally be given at GBJ Payroll's sole and absolute
discretion.
Termination
- GBJ Payroll 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.
- GBJ Payroll 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, GBJ Payroll 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 GBJ Payroll has
reasonable grounds to believe that the Client cannot or will not pay its
debts.
- GBJ Payroll reserves the
right in its sole and absolute discretion to close any account at any time
without reason. Examples of accounts that may be closed include, but are
not limited to:
- those of Clients who have
not provided full or accurate contact or company information
- those of Clients that GBJ
Payroll considers to be acting inappropriately or illegally
- those of Clients that use
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
- those of Clients who fail GBJ
Payroll's credit checking process, or who default on payment.
- 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 GBJ Payroll 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.
- GBJ Payroll cannot guarantee
that (i) the Website and/or the Services will be available at all times;
(ii) the Website will be free from errors, viruses and/or other harmful
applications; and (iii) the Services will generate any applications,
responses or results.
- GBJ Payroll shall not be in
breach of these Terms if events beyond its reasonable control prevent GBJ
Payroll from performing the Services.
- It is the Client's
responsibility to protect their computers against any viruses and malware.
- In the event that the Client
makes a claim against GBJ Payroll for whatever reason, GBJ Payroll's
liability (if any) shall not exceed the price paid or to be paid by the
Client for the Services. Under no circumstances shall GBJ Payroll 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 GBJ Payroll'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 GBJ Payroll shall
be sent by email to info@gbjpayroll.com 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 GBJ
Payroll will contact Clients in order to evaluate the service they receive
and also to promote GBJ Payroll's services and products. GBJ Payroll
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 endeavour to solicit, for employment or engagement with itself
or any associated company or organisation, any employee of GBJ Payroll or
of any member of the GBJ Payroll Group. Breach of this clause shall be a
material breach and will entitle GBJ Payroll, without prejudice to any
other remedies it may have, to terminate the Client's account and Services
immediately.
- The Terms shall be governed
by Jersey law and the parties submit to the exclusive jurisdiction of the
courts of Jersey.
Client Posts
- By submitting a vacancy to
the Website, the Client is authorising GBJ Payroll to publish such post in
accordance with the Client's criteria (if any).
- The Client is responsible
for the content of the post and will indemnify GBJ Payroll against any claim,
loss, liability, expense and/or damage ("Losses") in connection
therewith.
- The Client shall endeavour
to include in any job description the following information:
- Any qualifications and/or
authorisations required by law or any or by any relevant professional
body;
- Rates of pay, remuneration
and benefits.
- A job description including
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
- The Client shall endeavour
to provide sufficient details about itself and any vacancy to applicants
including, for example, 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.
- GBJ provides clients with a
vacancy management feature “Projects” which allows for shortlisting of
candidates through filtering, notifications to unsuccessful first round candidates
and notifications to candidates who are of further interest with
application instructions. The creation of a “project” is chargeable to the
Client. Prices for the creation of a contract will be notified to the
Client and approval requested will be required from the client before the
creation of the project.
- All candidate profiles who
register interest in a vacancy as posted by a Client will display
information such as the candidates name, their profile picture and the
names of current/past employers. Such information would ordinarily be
subject to the client having requested full profile details or to add a
professional to their watchlist and that request for access having been granted
by the professional.
- After the Client has shared application
instructions with shortlisted candidates the Client is responsible for
verifying the information contained in applicants' responses and GBJ
Payroll 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 authorisations 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 GBJ Payroll accepts no liability whatsoever therewith. The
Client will indemnify GBJ Payroll 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:
http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice/
The Client shall indemnify GBJ Payroll against any
Losses in connection therewith.
- The Client shall not make
any posts 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, (i) to obtain
copies of any relevant qualifications or authorisations of the candidate; (ii)
to obtain two references from persons who are not relatives of the candidate;
and (iii) 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 by posting any post as set out in sub-clauses
36.1 and 36.2 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 36(2)(i) and (ii) to the client
of the agency under whose instructions the vacancy was posted.
- The Client accepts
responsibility for any detriment which it may suffer or incur in respect
of the engagement of an applicant and shall hold GBJ Payroll harmless
against any Losses in connection therewith. The Client shall use all
reasonable endeavours 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.
- GBJ Payroll reserves the
right in its sole and absolute discretion to remove any post at any time
without reason. Examples of posts that may be removed include, but are not
limited to:
- those that GBJ Payroll
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 that advertise
websites, services, businesses, business opportunities and/or contact
details.
- those of Clients who
solicit staff from any member of the GBJ Payroll Group
For the avoidance of doubt, credits spent by the
Client in the creation of these posts will not be refunded if GBJ removes any
vacancy or post.
39. Free postings in the form of
credits are allocated to the Client as a company, firm or other organisation,
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.
- Free postings are at the
discretion of GBJ Payroll. Breach by the Client of any of these Terms may
result in Services being withdrawn from the Client. In the event that the
Client has any outstanding debt owing to GBJ Payroll, Services may be
withdrawn.
- The Client shall not resell
job postings without the express permission of GBJ Payroll.
Full Profile Access and Watchlist
requests
42. GBJ provides Full Profile/Watchlist
request functionality as per Clause 2. It remains at the absolute discretion of
the candidate to accept/grant such requests from Clients. Furthermore
professionals can cancel any such granted access or inclusion on a Clients
watchlist at any time and for any reason. GBJ will not be liable for any such
loss or cancellation howsoever arising in relation to the cancellation of any
such access or inclusion on any list by the Client. GBJ will also not be liable
for any refund in full or part to the Client for monies paid for Watchlist
inclusion and Full Profile Access when cancelled by the candidate before the
default expiry date.