Tick Recruitment Terms & Conditions
Introduction
When it comes to doing business with Tick, we recognise that our Clients always have a choice and we greatly value their custom. In recognition of this fact we have endeavoured to produce Terms and Conditions which are fair, represent best practice within the recruitment industry and are expressed in plain jargon free English.
Definitions
The following words and phrases will have the following meanings throughout these terms and conditions.
Candidate: a person who applies for a Tick Recruitment Ltd advertised Vacancy on any job board, on any online site, through any electronic communication or via any other means.
Client: any person or company wishing to use services provided by Tick Recruitment Ltd.
CV: the curriculum vitae that is provided to Tick by a Candidate for forwarding to Clients in order to gain employment.
Flat Fee: the flat fee payable by the Client to use this service.
Terms: these terms and conditions.
Vacancy: a description of a Client's role that is required to be filled.
Tick: Tick Recruitment Ltd (Registered in Scotland) Company Number: 360974
These terms relate to the online service Tick provides. Tick is acting as an employment service.
Using our Service
No contract is made with Tick until the Client has submitted a Vacancy description and paid the appropriate fee.
In order to deliver services to the Client, Tick may place a Client Vacancy on any website or any other media controlled by Tick or with any third party with whom Tick has an agreement for the provision of services for the purpose of filling this Vacancy. In the event that the Client requests that a particular advertising medium should not be used, Tick will use all commercially reasonable efforts to accede to this request, but this is not guaranteed.
Client understands that:
- The Vacancy can be viewed by anyone with Internet access throughout the world.
- Tick cannot guarantee a particular level of success to a Vacancy; response rates vary and some Vacancies/sectors may attract more response than others.
Client Vacancy
The Vacancy submitted to Tick must be legal, decent, honest and truthful and not infringe the rights of any third party. The more information provided by the Client about the Vacancy and the Client's organisation, the better Tick will be equipped to attract the most suitable Candidate(s).
The Vacancy submitted must be fair and reasonable, containing good information and be workable. Tick reserves the right to reject a Vacancy if it deems it unworkable and a full refund will be provided.
Unless otherwise agreed all Vacancies will appear without the Client's name and contact details. Vacancies will appear on job boards and other media that are deemed appropriate by Tick for the Client's particular Vacancy and business sector.
Tick will not accept any definitions of a Vacancy that suggests discrimination on grounds of sex, race, disability or age unless it is exempt from the relevant discrimination act(s) and a statement is provided with the Vacancy explaining exemption from the relevant act(s).
Once a Client Vacancy has been submitted and paid for, the details contained in the Vacancy description cannot be changed. Tick will not offer any refund for any Vacancy that the Client cancels or amends. The money back guarantee is deemed ineligible in these instances.
Candidates
Tick shortlisted Candidates (3-5 CVs per Vacancy unless otherwise specified) will be sent to the Client via Tick's website and/or by email. All submitted CVs will be visible on the Tick website Vacancy Tracker (unique to each Client). Tick will submit a pre-screening and reference form for all CVs submitted (subject to availability).
All Candidates who apply to Tick will be responded to by Tick whether selected or otherwise. Tick will make best commercially reasonable efforts to verify the identity of the Candidate(s) and verify the experience and qualifications of the selected Candidates.
Tick will make commercially reasonable efforts to verify the plausibility of information provided by Candidates, but the Client is responsible for verifying the information contained in Tick shortlisted Candidates CVs and Tick accepts no responsibility for the content of any such CV. The Client is responsible for confirming the Candidate's eligibility to work in the UK.
The Client accepts that, following any contact with Candidates:
- It shall be up to the Client and the Candidate to mutually agree how to progress.
- The Client will act in good faith.
- The Client will treat all information disclosed by Tick and Candidates as confidential and act in accordance with the Data Protection Acts.
Payment
All payments to Tick are to be made online via Paypal unless mutually agreed otherwise.
Fees
The Tick standard fee is based on salary bandings below per person employed.
| Salary | Rate |
|---|---|
| £0 to £11,999 | £395 |
| £12,000 to £14,999 | £895 |
| £15,000 to £19,999 | £1295 |
| £20,000 to £24,999 | £1495 |
| £25,000 to £29,999 | £1795 |
| £30,000 to £34,999 | £2295 |
| £35,000 to £39,999 | £2695 |
| £40,000 to £44,999 | £2995 |
| £45,000 to £49,999 | £3295 |
| £50,000+ | £3895 |
An insurance scheme is offered for 3 months at a cost of £295.
Credit can also be purchased from the Tick website at any time this will enable the Client to use Tick for multiple Vacancies. Any unused credit will be saved for future recruitment.
Tick may make changes to these fees or the discount rates at any time without notice. However, Tick will endeavour to communicate any changes to existing clients in advance.
VAT
All fees are exclusive of any Value Added Taxes or other applicable sales tax. Value Added Tax will be charged at the applicable rate.
Money Back Guarantee
Tick is so confident of filling Client Vacancies that it offers a unique 'Money-Back' Guarantee. In the unlikely event that the Client has reasonable grounds for feeling unable to interview any of the submitted Candidates then Tick will complete a brand new search and selection procedure based on feedback from the first submissions. Tick will then supply a further shortlist of CVs. Should these again prove to be unsuitable then Tick will offer the Client a refund less costs incurred.
Tick reserves the right to withdraw or amend the money back guarantee if the Client:
- is unwilling to take Tick's reasonable advice on changes which would assist in filling the Vacancy.
- the requirement for staff has changed or the Vacancy has been filled using alternative means.
- prevents Tick from working on the Vacancy or requests that it ceases work on the Vacancy for an unreasonable period of time (typically 4 weeks or more)
- employs a Candidate provided on a Tick shortlist but fail to inform Tick.
- fails to contact candidate(s) or Tick within 2 weeks of submission of CV(s)
Re-imbursements will normally be paid by cheque within 30 days of the Client's request being received by email and Tick's guarantee form being completed.
Insurance
In addition to the money back guarantee offered by Tick for failure to provide suitable Candidates, Tick offers its Clients the option of purchasing for a nominal fee (please refer to current tariff) an insurance against the unsuitability of a Candidate. In the event that within 3 months from the Candidate’s start date he or she is deemed unsuitable for any reason and released from their position within the organisation or if the person leaves the organisation of their own volition, then Tick will present one new shortlist of suitable candidates. Furthermore, the Client will have the option of purchasing insurance on any Candidate selected from this subsequent shortlist.*Please note the money back guarantee does not apply for this subsequent shortlist of candidates.
Interruptions
The Client acknowledges that the internet and/or Tick's systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, communication connectivity problems or other factors beyond the control of Tick and you acknowledge that Tick will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these circumstances.
Liability
Tick liability to Client for breach of contract or negligence shall not exceed an amount equal to twice our fees for any Vacancy or series of Vacancies regarding the same matter placed by you with Tick. In no event shall Tick be liable for any special, indirect, consequential or loss whatsoever or any loss of profit regardless of whether such losses are foreseeable and whether or not caused by Tick negligence arising out of or in connection with the use of the Service. Nothing contained in these Terms shall have effect so as to limit Tick liability for loss or damage arising out of personal injury or death or acts of fraud.
All and any interaction and communication between the Client and any Candidate and in connection with the Candidate's response to the Vacancy are the responsibility of the Client, and Tick accepts no liability whatsoever there with. The Client will indemnify Tick against any Losses in connection therewith.
Having in mind the nature of the service, Tick is not able to verify any statements made by the Client in the Vacancy submitted to Tick and accordingly the Client agrees to indemnify Tick from all claims, costs and expenses (including legal expenses) resulting from any Client breach of these Terms.
While Tick endeavours to ensure that the information on its website is correct, Tick does not warrant the accuracy and completeness of that information. Tick may make changes to the material on this website at any time without notice. The material on this website may be out of date, and Tick makes no commitment to update such material. Please note that the Client will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the website the Client agrees to all risks and agrees that Tick is not responsible for the acts or omissions of others.
Viruses
Tick will take reasonable care not to transmit viruses or malware to any Client but it is the Clients responsibility to protect its computers against viruses or malware. Accordingly the Client agrees that Tick will not be liable for any damage resulting from the transmission of viruses or malware from Tick to Client computer systems.
Third Party Rights
A person who is not a party to this contract shall not have any rights under or in connection with it.
Complaints
Tick has a formal complaints procedure that can be provided on request. Should you be dissatisfied with any aspect of the service, raise this with your Account Manager in the first instance and thereafter any complaint can be escalated as necessary in order to achieve an amicable resolution.
Equal Opportunities and Diversity Policy
Tick maintains an equal opportunities policy. Tick is committed to diversity and will promote diversity for all Clients and Candidates and shall adhere to such a policy at all times. Tick will not accept instructions from Clients that indicate an intention to discriminate unlawfully.
Governing Law
These Terms and the contract of which they form a part shall be governed by Scottish Law and shall be subject to the non-exclusive jurisdiction of the Scottish court.
