These terms and conditions (the “Terms”) set out the terms on which ecruit provides recruitment advertising, candidate management and related services to Clients in the United States.
ecruit is the trading name of DG Partnership Ltd (“ecruit”), a company registered in England and Wales with company number 10382813 and registered office at Austin House, 43 Poole Road, Westbourne, Bournemouth, United Kingdom, BH4 9DN.
“We”, “us”, “our” and “ours” refer to ecruit.
“You”, “your” and “yours” refer to the Client purchasing or using the Services.
By opening an Account, submitting a vacancy, entering into an Order Form or otherwise requesting or using the Services, the Client agrees to be bound by these Terms.
In these Terms:
“Account” means the Client’s account for accessing and using the Services.
“Advertisement” means an advertisement for a vacancy prepared, managed or published by ecruit as part of the Services.
“Advertisement Request” means a request from the Client for ecruit to advertise a vacancy.
“Candidate” means an individual who applies for, responds to or is considered in connection with a vacancy advertised through the Services.
“Credit” means a credit purchased by the Client which entitles the Client to use the recruitment advertising Services specified in the applicable Order Form.
“Hiring Platform” means the applicant tracking and candidate management platform made available to the Client as part of the Services.
“Order Form” means any proposal, statement of work, electronic agreement, order confirmation, invoice schedule or similar document agreed in writing between ecruit and the Client that specifies the Services, number of Credits, fees, payment schedule and/or any minimum term.
“Pay-As-You-Go” means the purchase of one or more Credits or Services without a minimum contractual term, unless stated otherwise in an Order Form.
“Plan” means any arrangement under which the Client purchases a bundle or allocation of Credits or Services and pays for them in installments over a minimum term, as stated in an Order Form.
“Services” means the recruitment advertising, candidate management, Hiring Platform, advertisement optimization, candidate assessment and related recruitment services supplied by ecruit.
1.1. ecruit provides recruitment advertising, candidate management and related recruitment services for the fees specified in the applicable Order Form.
1.2. Depending on the Services purchased, the Services may include:
1.2.1. professional review, preparation and optimization of job advertisements;
1.2.2. publishing Advertisements across selected online job boards and recruitment channels;
1.2.3. management and distribution of Advertisements;
1.2.4. access to the Hiring Platform;
1.2.5. receipt and management of Candidate applications;
1.2.6. candidate filtering, assessment and AI-assisted candidate scoring;
1.2.7. recruitment reporting and analytics;
1.2.8. careers page functionality where included in the applicable Order Form; and
1.2.9. customer support and campaign review services.
1.3. The precise Services purchased by the Client, including the number of vacancies, Credits, advertising channels, duration and any additional services, will be specified in the applicable Order Form.
1.4. ecruit provides recruitment advertising, technology and candidate-management services. Unless expressly agreed otherwise in writing, ecruit does not act as the employer and does not make hiring or employment decisions on behalf of the Client.
2.1. The Client may be required to create or be provided with an Account in order to use the Services.
2.2. Multiple authorized users from the Client may be registered to use the Account.
2.3. ecruit will be entitled to act upon instructions and information provided through the Account by any authorized user.
2.4. The Client is responsible for maintaining the confidentiality and security of its Account credentials and for ensuring that only authorized persons access the Hiring Platform.
2.5. ecruit may monitor use of the Hiring Platform for security, compliance, support and service-management purposes.
2.6. ecruit will use reasonable efforts to make the Hiring Platform available but does not guarantee uninterrupted or error-free availability. Maintenance, upgrades, third-party services or circumstances outside ecruit’s reasonable control may affect availability from time to time.
3.1. The fees payable for the Services will be those specified in the applicable Order Form, proposal or other written agreement between ecruit and the Client.
3.2. Unless expressly stated otherwise, fees payable by US Clients are stated and payable in US dollars (USD).
3.3. Credits may be purchased individually, in bundles, or as part of a Plan, as specified in the applicable Order Form.
3.4. Unless otherwise specified in an Order Form, Credits purchased and fully paid for remain available for use by the Client.
Where Credits are purchased under a Plan, the Credits form part of a bundle or allocation sold at agreed pricing in consideration of the minimum term and payment schedule stated in the Order Form. Pausing recruitment activity or not using Credits during a Plan does not pause or reduce payments due under that Plan.
3.5. Order Forms and priority. Where the Client enters into an Order Form, the Order Form will apply in addition to these Terms.
If there is any conflict between these Terms and an Order Form, the Order Form will prevail in respect of the Services purchased, fees, number or type of Credits, payment schedule, minimum term and any expressly agreed cancellation or variation provisions.
These Terms will prevail in all other respects unless expressly agreed otherwise in writing.
3.6. Plans and minimum terms. Where the Client purchases Services under a Plan, the total price and minimum term will be as stated in the Order Form.
Unless the Order Form expressly states otherwise, a Plan is not a cancellable rolling subscription.
3.7. Invoicing and payment. Fees will be invoiced in accordance with the applicable Order Form or invoice and must be paid by the stated due date.
3.8. Non-payment. Without prejudice to any other rights available to ecruit, if the Client fails to pay any sum by the due date, ecruit may suspend access to the Hiring Platform and/or pause delivery of the Services until payment is received.
3.9. Payment method. Where the Client provides a card, ACH or other recurring payment authority, the Client authorizes ecruit to collect payments in accordance with the applicable Order Form or invoice.
3.10. Taxes. The Client is responsible for any sales, use or similar taxes properly payable in connection with the Services, excluding taxes imposed on ecruit’s income.
4.1. The Client shall provide ecruit with the information reasonably required to advertise each vacancy, which may include:
4.1.1. the Client’s business name and relevant company information;
4.1.2. the nature and location of the vacancy;
4.1.3. duties, working arrangements and anticipated commencement date;
4.1.4. required experience, qualifications, skills and authorizations; and
4.1.5. compensation and relevant benefits.
4.2. The Client is responsible for ensuring that information supplied to ecruit is accurate and that each vacancy and Advertisement complies with applicable federal, state and local employment, wage transparency, equal opportunity, anti-discrimination and other applicable laws.
4.3. The Client authorizes ecruit to prepare, optimize, amend and format Advertisements as reasonably necessary to improve their performance and/or comply with the requirements of relevant job boards and recruitment channels.
4.4. ecruit may request additional information, amend an Advertisement or decline to publish an Advertisement which ecruit reasonably believes is incomplete, inaccurate, unlawful or contrary to the requirements of a job board or recruitment channel.
5.1. ecruit will publish Advertisements through the job boards and recruitment channels included in the Services purchased by the Client.
5.2. ecruit may select appropriate job boards, categories, advertising inventory and recruitment channels using its experience and available performance information.
5.3. The availability, functionality, rules and advertising inventory of third-party job boards may change from time to time and are outside ecruit’s control.
Where reasonably necessary, ecruit may substitute or change a job board or recruitment channel used to provide the Services.
5.4. The period for which an Advertisement remains live may vary depending upon the job board, recruitment channel and Services purchased.
5.5. Once an Advertisement has been distributed to a third-party job board, amendments may be subject to that provider’s rules and technical capabilities.
5.6. The Client may request withdrawal of an Advertisement at any time. Withdrawal does not entitle the Client to a refund or credit in respect of Services already supplied or advertising inventory already committed.
5.7. Withdrawal of an Advertisement, pausing recruitment activity or choosing not to advertise during any period does not affect payments due under a Plan.
6.1. Candidate applications may be received through the Hiring Platform directly or through third-party job boards, recruitment channels and integrations.
6.2. Candidate information made available through the Hiring Platform may include resumes, contact information, application information, employment history, qualifications, Candidate communications and other information provided in connection with an application.
6.3. The Client may use Candidate information made available through the Services for lawful recruitment and hiring purposes and in accordance with applicable privacy, employment and anti-discrimination laws.
6.4. The Client may contact Candidates and manage recruitment activity through the Hiring Platform where such functionality is available.
6.5. Notes, tags, assessments and other recruitment information may be added to Candidate records by authorized users.
6.6. Unless otherwise agreed in writing, the Client will have access to its Hiring Platform for the duration of the Services and for up to 30 days following termination or expiration of the applicable Services.
6.7. Personal Data may be retained following termination as set out in clause 10 and the applicable Data Processing Addendum.
7.1. The Hiring Platform automatically provides AI-assisted candidate assessment functionality designed to assist Clients in reviewing applications.
7.2. The functionality may analyze information contained within a Candidate’s resume and application to generate an executive summary, suitability score, suggested interview questions and similar recruitment-support information.
7.3. AI-generated assessments and scores are advisory decision-support tools only. They do not constitute a decision by ecruit to accept, reject, interview, employ or otherwise determine the suitability of a Candidate.
7.4. The Client remains solely responsible for reviewing Candidates and making all recruitment and employment decisions.
The Client shall ensure that appropriate and meaningful human review is applied to AI-generated assessments and shall not use an AI-generated score or recommendation as the sole basis for making a hiring, rejection or other employment decision where doing so would be prohibited by applicable law.
7.5. ecruit does not warrant that AI-generated assessments, summaries, scores, interview questions or recommendations will be complete, accurate, unbiased or appropriate in every case.
7.6. Special Category or sensitive Personal Data collected for equal opportunities or similar monitoring purposes is excluded from the AI-assisted assessment process to the extent supported by the Hiring Platform.
7.7. The Client shall use the AI-assisted functionality in accordance with all applicable federal, state and local employment, civil rights, anti-discrimination, privacy and artificial-intelligence laws and regulations.
This includes any applicable requirements concerning Candidate notices, disclosures, consent, accommodations, alternative selection procedures, bias audits, record keeping and human review.
7.8. Where applicable law requires a Candidate to receive notice concerning the use of automated or AI-assisted technology in an employment process, the Client is responsible for ensuring that the required notice is provided within the required time and in the required form, unless ecruit has expressly agreed in writing to provide that notice on the Client’s behalf.
7.9. Where applicable law requires an employer to offer an accommodation, alternative assessment or alternative selection process, responsibility for determining and providing that accommodation or alternative remains with the Client.
7.10. The Client shall not use the Services or any AI-generated assessment in a manner that unlawfully discriminates against a Candidate or employee on the basis of any characteristic protected by applicable law.
7.11. ecruit may modify, restrict, suspend or disable AI-assisted functionality in a particular state, city or other jurisdiction where ecruit reasonably considers this necessary to comply with applicable law or regulatory requirements.
Where reasonably practicable, ecruit will notify affected Clients of a material restriction.
7.12. ecruit will provide reasonable cooperation and information available to it where reasonably required to assist a Client with lawful compliance obligations relating specifically to its use of the AI-assisted functionality.
Any independent audit, bias audit or other assessment required by applicable law remains subject to the requirements of that law and the availability of the necessary information from ecruit and its technology providers.
8.1. Employment, recruitment, privacy and artificial-intelligence requirements vary between US states and local jurisdictions.
The Client is responsible for identifying and complying with laws applicable to the locations in which it recruits, employs Candidates or uses the Services.
8.2. Without limiting clause 8.1, the Client acknowledges that certain jurisdictions may impose additional obligations relating to automated employment decision systems or AI-assisted recruitment tools, including requirements concerning:
8.2.1. notice and disclosure to Candidates;
8.2.2. bias or impact assessments and independent audits;
8.2.3. publication of information concerning automated employment tools;
8.2.4. retention of employment and automated-decision records;
8.2.5. accommodations or alternative assessment processes;
8.2.6. protection against discriminatory outcomes; and
8.2.7. human involvement in employment decisions.
8.3. The Client shall not use functionality provided through the Services in a jurisdiction where its use would be unlawful or where a legally required condition for use has not been satisfied.
8.4. Where the Client becomes aware that its use of the Services may be subject to a specific state or local AI or automated-employment requirement, the Client shall cooperate reasonably with ecruit in implementing any necessary compliance measure.
8.5. Nothing in these Terms constitutes legal advice to the Client concerning its obligations as an employer or prospective employer under applicable federal, state or local law.
9.1. ecruit does not independently verify information provided by Candidates unless expressly agreed otherwise in writing.
9.2. The Client is responsible for:
9.2.1. assessing the suitability of Candidates;
9.2.2. interviewing Candidates;
9.2.3. obtaining references where appropriate;
9.2.4. checking qualifications, licenses and professional authorizations;
9.2.5. verifying applicable authorization to work;
9.2.6. providing reasonable accommodations where required by law; and
9.2.7. making all recruitment and employment decisions.
9.3. ecruit does not guarantee that any Advertisement or recruitment campaign will generate any particular number or quality of applications, interviews or hires unless an express written guarantee is included in the applicable Order Form.
9.4. Unless an applicable Order Form expressly provides otherwise, the Client will not be entitled to a refund because a vacancy is not filled or because the Client considers the Candidates unsuitable.
10.1. Each Party shall comply with privacy and data protection laws applicable to its processing of Personal Data in connection with the Services.
10.2. Where ecruit processes Candidate Personal Data on behalf of the Client in providing the Services, the Client will ordinarily determine the purposes of the recruitment processing and ecruit will process the information on the Client’s behalf, subject to applicable law.
10.3. The Client is responsible for ensuring that it has any notice, authorization, consent or other lawful basis required to collect, disclose and process Candidate information and to use the Services for its recruitment activities.
10.4. ecruit shall process Personal Data on behalf of the Client in accordance with the Client’s documented instructions, the applicable agreement and applicable law.
10.5. ecruit shall maintain reasonable administrative, technical and organizational safeguards designed to protect Personal Data against unauthorized access, use, disclosure, alteration, loss or destruction.
10.6. The Client authorizes ecruit to engage appropriately contracted service providers and sub-processors where reasonably necessary to provide the Services.
10.7. The Hiring Platform is provided by Talent.AI Limited, which provides the applicant tracking and Candidate-management technology used as part of the Services.
10.8. Certain limited processing associated with the AI-assisted Candidate assessment functionality is carried out through a further technology provider within the Azure Sweden region in the European Economic Area.
10.9. Unless earlier deletion is requested and required under applicable law or agreed contractual arrangements, Candidate Personal Data held within the Hiring Platform may be retained for up to 365 days following termination of the Services, after which it will be deleted in accordance with applicable retention and deletion procedures, except where continued retention is required by law.
10.10. The Client acknowledges that applicable US employment laws may require the Client to retain certain Candidate, employment, assessment or automated-decision records for a period longer than the period for which those records remain available through the Hiring Platform.
The Client is responsible for identifying and satisfying its own statutory record-retention obligations, including exporting or otherwise retaining records where necessary before they are deleted from the Hiring Platform.
10.11. Where ecruit processes Personal Data on behalf of the Client, such processing may also be governed by an applicable Data Processing Addendum (“DPA”), which forms part of the contractual arrangements between ecruit and the Client.
10.12. In the event of any conflict between this clause and an applicable DPA concerning the processing of Personal Data, the DPA shall prevail to the extent of that conflict.
11.1. Each Party shall keep confidential all confidential information received from the other Party in connection with the Services and shall not disclose such information except:
11.1.1. to employees, contractors, professional advisers and service providers who need to know it for the purposes of providing or receiving the Services and who are subject to appropriate confidentiality obligations;
11.1.2. where disclosure is required by applicable law, court order or regulatory authority; or
11.1.3. with the prior written consent of the other Party.
11.2. Neither Party shall use the other Party’s confidential information for any purpose other than performing or receiving the Services or exercising its rights under the agreement.
12.1. The Client accepts that ecruit gives no warranty as to the suitability of any Candidate for any vacancy.
12.2. Except where expressly stated in an Order Form, ecruit does not represent, warrant or undertake that the Services will identify a suitable Candidate or result in a successful hire.
12.3. Neither ecruit nor its staff will be liable to the Client for loss, injury, damage, expense or delay arising directly or indirectly from the engagement of a Candidate introduced or identified through the Services, unless such loss, damage, cost or expense is the direct result of ecruit’s negligence or breach of these Terms.
12.4. In particular, but without limitation, ecruit will not be liable for loss, injury, damage, expense or delay arising from:
12.4.1. a Candidate failing to meet the Client’s requirements;
12.4.2. any act or omission of a Candidate;
12.4.3. inaccurate or misleading information supplied by a Candidate;
12.4.4. any recruitment or employment decision made by the Client; or
12.4.5. the Client’s use of an AI-generated assessment, score or recommendation contrary to these Terms or applicable law.
12.5. Nothing in these Terms limits or excludes liability to the extent that such liability cannot lawfully be limited or excluded.
12.6. Subject to clause 12.5, ecruit’s total aggregate liability to the Client under or in connection with these Terms and the Services, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed US $1,500.
12.7. Subject to clause 12.5, neither Party shall be liable to the other for any indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, revenue, business, anticipated savings or goodwill arising out of or in connection with the Services, to the fullest extent permitted by applicable law.
12.8. The Client shall indemnify and hold harmless ecruit against third-party claims and losses arising directly from:
12.8.1. unlawful, inaccurate or misleading information supplied by the Client for use in an Advertisement;
12.8.2. the Client’s material breach of these Terms;
12.8.3. the Client’s unlawful use or disclosure of Candidate Personal Data;
12.8.4. the Client’s unlawful or discriminatory use of AI-assisted functionality; or
12.8.5. any employment or recruitment decision made by the Client,
except to the extent that the claim or loss results directly from ecruit’s breach of these Terms, negligence or unlawful act.
13.1. Without prejudice to any other remedies or rights available to it, ecruit may terminate or suspend the Services on written notice if:
13.1.1. the Client commits a material breach of these Terms and, where capable of remedy, fails to remedy the breach within a reasonable period specified by ecruit;
13.1.2. the Client fails to pay sums properly due to ecruit; or
13.1.3. the Client uses the Services or Hiring Platform in a manner which is unlawful, fraudulent, abusive or materially harmful to ecruit, Candidates, third parties or the operation or security of the Services.
13.2. Pay-As-You-Go. A Client purchasing Services on a Pay-As-You-Go basis may stop purchasing or using additional Services at any time. Termination or cessation of use does not entitle the Client to a refund for Services already supplied, advertising inventory already committed or Credits already purchased, except where expressly agreed otherwise.
13.3. Plans and minimum terms. Where the Client has entered into a Plan, the Plan is for the minimum term stated in the applicable Order Form (the “Minimum Term”).
The pricing provided under a Plan is offered in consideration of the Client’s commitment to the Minimum Term.
If the Client seeks to terminate a Plan before expiry of the Minimum Term, no refund will be due and all installments for the Minimum Term will remain payable, whether or not the Client uses the available Credits or Services, unless the applicable Order Form expressly provides an early termination right.
13.4. Unused Credits. Where a Plan terminates or the Client stops using the Services, unused Credits already fully paid for will remain available in accordance with clause 3.4 unless the applicable Order Form states otherwise.
13.5. Amounts due on termination. On termination, the Client shall pay all sums properly due for Services provided and all amounts due under any applicable Minimum Term which have not already been paid.
13.6. Renewal. Automatic renewal will apply only where expressly stated in the applicable Order Form. Otherwise, Plans do not automatically renew.
13.7. Following termination or expiration, access to the Hiring Platform and retention of Personal Data will be dealt with in accordance with clauses 6 and 10 and any applicable DPA.
14.1. All intellectual property rights in the Hiring Platform, technology, software, methodologies, documentation and materials created by or on behalf of ecruit remain the property of ecruit or its licensors.
14.2. The Client grants ecruit such rights to use its company name, logo, vacancy information and other materials as are reasonably necessary to provide the Services and publish Advertisements on the Client’s behalf.
14.3. Advertisements created by ecruit may be used by the Client for its own recruitment purposes during the applicable campaign or Service.
The Client may not commercially resell or license ecruit-created materials to third parties without ecruit’s prior written permission.
15.1. The Services may interoperate with or depend upon third-party job boards, advertising platforms, software providers and other services.
15.2. ecruit is not responsible for the availability, performance or changes made by a third-party provider which are outside ecruit’s reasonable control.
15.3. ecruit may make reasonable changes to third-party providers or recruitment channels used to deliver the Services where necessary to maintain or improve the Services.
16.1. Force majeure. Neither Party shall be liable for delay or failure to perform its obligations where caused by circumstances beyond its reasonable control.
16.2. Variations. No amendment or variation to these Terms or an applicable Order Form will be effective unless agreed in writing by authorized representatives of the Parties.
16.3. Assignment. Neither Party may assign or transfer its material rights or obligations under the agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed.
16.4. Waiver. No failure or delay by either Party in exercising any right will constitute a waiver of that right.
16.5. Relationship. Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship between the Parties.
16.6. Severability. If any provision of these Terms is found to be invalid, unlawful or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force.
16.7. Third-party rights. A person who is not a Party to the agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of it.
17.1. These Terms together with the applicable Order Form and, where applicable, the DPA constitute the agreement between ecruit and the Client in relation to the Services and supersede previous agreements, representations or understandings relating to those Services.
17.2. The Client confirms that it has not relied upon any statement concerning pricing, minimum term, cancellation rights, Credits or the scope of the Services except as expressly set out in these Terms or the applicable Order Form.
17.3. Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.
18.1. These Terms and any contractual dispute or claim arising out of or in connection with them shall be governed by the laws of England and Wales, without prejudice to any mandatory laws applicable to the provision or use of the Services in the United States which cannot lawfully be excluded by agreement.
18.2. Subject to any mandatory jurisdictional rights which cannot lawfully be excluded, the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with these Terms or the Services.
18.3. Nothing in this clause relieves either Party from compliance with federal, state or local laws that apply to its activities in the United States.