Terms and Conditions of Business for Council Jobs

1. PURPOSE

1.1 The purpose of these terms and conditions is to explain the legal basis upon which the services of Hiring Wizard Limited (trading as Council Jobs) is offered for use, and the limitations of liability that we retain.

2. ACCEPTANCE

2.1 By using our services, you accept and agree to abide by these Terms and Conditions, which apply to all dealings between Hiring Wizard Limited (“we”, “us” or “our” as appropriate) and you (“the Client”). These terms are deemed to be accepted by the Client by virtue of your written or electronic signature, electronic acceptance through e-mail, or by the placing of any order via website, phone or e-mail.

2.2 We reserve the right to vary these Terms and Conditions as required and will aim to give you reasonable notice in advance of implementing any such changes by contacting you via post and/or e-mail and posting the revised terms and conditions on our website, indicating the effective date that such updated terms and conditions will come into force. These terms will be deemed accepted by you if you continue to use our services beyond the effective date.

3. COMMENCEMENT OF SERVICES

3.1 We will not commence the provision of services pursuant to any placed order until we receive confirmation by the Client by way of this Confirmation of Advertising form signature as well as any necessary purchase order numbers, and in the case of Clients who purchase services on terms that require pre-payment, services will not commence until payment is received and cleared.

4. DESCRIPTION OF SERVICE

4.1 On receipt of a vacancy, a member of the Hiring Wizard Limited team will contact you by phone or e-mail to confirm the pertinent details of the job to be advertised, including salary, job title and location, as well as the application process (see 4.4).

4.2 As part of Hiring Wizard’s commitment to delivering the best possible results, we will create an optimised advert copy based on the job description or advert that you send to us. We will send this to you for your approval prior to posting.

4.3 Hiring Wizard Limited will advertise your vacancy on www.counciljobs.co.uk for the agreed package and period

4.4 You will be assigned an account manager within the Hiring Wizard Limited client services team who will be your designated point of contact. Your account manager will create and post your adverts, making any amendments as required. Your account manager will also monitor the performance of your advert and advise possible improvements, alternatives and additional services to achieve the desired results.

4.5 Hiring Wizard Limited are able to tailor the application process in a number of ways to suit the requirements of the client. Applications to these adverts can be sent directly to your inbox, via an e-mail address of your choice. Alternatively, the client can use Hiring Wizard Limited’s applicant tracking system to manage applicants online (comprehensive, free training is provided for this system).

4.6 If the Client requires the completion of an offline application form, Hiring Wizard Limited provide a facility to e-mail candidates the necessary forms. Alternatively, candidates can be automatically re-directed from the advert on the job boards to the clients ATS or careers page to complete any necessary online application forms.

4.7 Amendments to live adverts can be requested by contacting your account manager.

4.8 Hiring Wizard cannot provide any guarantees that the individuals that respond to your job advertisements will be suitable for the position advertised. Hiring Wizard do not offer any guarantees of response to your advertisement.

5. PENALTIES FOR LATE PAYMENT & SURCHARGES

5.1 Hiring Wizard Limited will invoice you within one working day upon receipt of the signed service agreement. This invoice becomes payable in full within 14 days of the invoice date. The agreed advertising fee is payable in full and is not subject to change or negotiation should you end the advert before the end of the 30 days, or if you fail to hire from the campaign.

5.2 While we endeavour to avoid any and all surcharges, you accept our reserved statutory right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002, if we are not paid according to pre-agreed credit terms.

5.3 Any discounts to fees are based on the proviso that invoices are paid to pre-agreed credit terms. Hiring Wizard Limited reserves the right to remove any discounts should there be a failure, after notice, to adhere to agreed credit terms.

6. EMPLOYMENT BUSINESS REGULATIONS (2003)

6.1 Hiring Wizard Limited is a recruitment resourcing & job advertising service, not an employment agency. As such, Hiring Wizard Limited operates outside the Employment Business Regulations 2003. By using the services of Hiring Wizard Limited, you agree that we have no liability when ensuring a candidate is suitable for hire.

6.2 You acknowledge it is your sole responsibility to take such action as you deem necessary to ensure a candidate’s suitability for engagement. This includes checking references, obtaining work permits, arranging medical examinations or ensuring permissions / qualifications as required by the law of the country in which the candidate will be employed.

6.3 You agree that Hiring Wizard Limited shall have no liability in respect of the acts or omissions of any candidate and that you are solely responsible for the selection of candidates and the offering of engagements.

7. DATA PROTECTION

7.1 Each Party shall ensure that it only processes personal data to the extent necessary for the performance of its obligations under these Terms and Conditions and that no personal data is shared or transferred to a third party as a result of these Terms and Conditions. Each Party agrees to comply at all times with applicable data protections laws, including the Data Protection Act 2018 (“Data Protection Law”).

7.2 Each Party (for the purposes of this clause a “Data Processor”) will, to the extent they process personal data (“Personal Data”) owned or controlled by the other Party (for the purposes of this clause a “Data Controller”) under these Terms and Conditions:

(a) implement all appropriate technical and organisational measures to ensure the security of Personal Data including protection against unauthorised or unlawful processing, protection

against accidental loss, destruction or damage, and to detect loss or corruption of the Personal Data;

(b) not transfer any Personal Data to any other party without the prior written consent of the Data Controller for such data, and unless permitted by Data Protection Law;

(c) not transfer any Personal Data to any country or territory outside the European Economic Area without obtaining the express prior written consent of the Data Controller;

(d) maintain full and complete records of all processing carried out in respect of Personal Data in connection with these Terms and Conditions;

(e) notify the Data Controller immediately in writing if it becomes aware of any unauthorised or unlawful processing, disclosure of, or access to, Personal Data and/or any accidental or unlawful destruction of, loss of, alteration to, or corruption of Personal Data (a “Data Breach”) in connection with these Terms and Conditions and take all reasonable steps to restore, re-constitute and/or reconstruct any such Personal Data which is lost, damaged, destroyed, altered or corrupted as a result of a Data Breach as if they were its own data at its own cost;

(f) on termination of these Terms and Conditions, for whatever reason, cease all use of the other Party’s Personal Data and shall, at the other Party’s election, either destroy all such Personal Data or transfer it to the other Party; and

(g) inform the other Party immediately of any enquiry, complaint, notice or other communication it receives from any supervisory authority or any individual regarding Personal Data owned or controlled by the other Party (or its Affiliates), relating to compliance with Data Protection Law.

7.3 The Data Processor will provide the Data Controller with such assistance and co-operation as the Data Controller may reasonably request to enable the Data Controller to comply with any obligations imposed on it by Data Protection Law in relation to the Personal Data.

7.4 In the event of a Data Breach, the Data Processor shall immediately notify the Data Controller in writing and provide it and its advisors with all reasonable assistance in connection with the Data Breach.

8. LIABILITY

8.1 You are responsible for the content of the job description, person specification and supporting text and will indemnify Hiring Wizard Limited against any direct claim, loss, liability, expense and/or damage(“Losses”) in connection therewith.

8.2: Subject to 8.3 below, neither party shall be liable to the other whether in contract (including under any indemnity), tort, negligence, for breach of statutory duty or otherwise for loss of profit or any indirect or consequential loss or damage, costs or expenses whatsoever or howsoever arising out of or in connection with these Terms

8.3 For the avoidance of doubt, nothing in these Terms seeks to limit or exclude the liability of either party to the other for (i) fraud or other criminal act; (ii) personal injury or death caused by negligence; or (ii) any other liability that cannot be excluded or limited by law.

8.4 Subject to 8.2 and 8.3 above, the total liability of either party to the other whether in contract (including under any indemnity), tort, negligence, for breach of statutory duty or otherwise for any loss or damage, costs or expenses arising under or in connection with these Terms shall not exceed the sum which represents 100% of the total contract value paid or payable by the Client under these Terms.

8.5 Hiring Wizard Limited reserves the right in its sole and absolute discretion to refuse to register a vacancy or withdraw a vacancy at any time any vacancy that Hiring Wizard Limited considers to be illegal, inappropriate and / or fraudulent or those which directly or indirectly require or ask for application or registration fees.

9. REFUSAL OF VACANCIES

9.1 Hiring Wizard Limited reserves the right in its sole and absolute discretion to refuse to register a vacancy or withdraw a vacancy at any time any vacancy that Hiring Wizard Limited considers to be illegal, inappropriate and / or fraudulent or those which directly or indirectly require or ask for application or registration fees.

10. VAT

10.1 All fees are exclusive of Value Added Tax (VAT). VAT will be charged at the applicable rate.

11 FORCE MAJEURE

11.1 Neither party shall be liable for any breach of its obligations hereunder (including but not limited to the Client’s payment obligations pursuant to this Agreement) resulting from causes beyond its control including, but not limited to, explosions, flood, tempest, fire, epidemic or pandemic as recognised by the UK Government, accident or measures of any kind on the part of any governmental parliamentary or local authority strikes, industrial action, or trade disputes (“Force Majeure”).

11.2 Each of the parties agrees to give notice promptly to the other upon becoming aware of any event referred to in sub-clause 11.1 above such notice to contain full details of the circumstances giving rise to the Force Majeure event.

12 JURISDICTION

12.1 These Terms and Conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.