The purpose of these terms and conditions (the “Terms”) is to set out the terms on which ecruit provides its recruitment advertising, candidate management and related services.
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 shall be deemed to have accepted 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, DocuSign 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 instalments over a minimum term, as stated in an Order Form.
“Services” means the recruitment advertising, candidate management, Hiring Platform, advert optimisation, 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 optimisation 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 is an online recruitment advertising and employee selection service and operates outside the Conduct of Employment Agencies and Employment Businesses Regulations 2003 to the extent applicable to the Services provided.
2.1. The Client may be required to create or be provided with an Account in order to use the Services.
2.2. Multiple authorised 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 authorised user.
2.4. The Client is responsible for maintaining the confidentiality and security of its Account credentials and for ensuring that only authorised 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 endeavours 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, all fees are exclusive of VAT.
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 direct debit, card or other recurring payment authority, the Client authorises ecruit to collect payments in accordance with the applicable Order Form or invoice.
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 authorisations; and
4.1.5. remuneration and relevant benefits.
4.2. The Client is responsible for ensuring that information supplied to ecruit is accurate and that the vacancy and Advertisement comply with applicable employment, equality, discrimination and other relevant laws.
4.3. The Client authorises ecruit to prepare, optimise, 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 of an Advertisement 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 CVs, 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 its legitimate recruitment and hiring purposes and in accordance with applicable data protection law.
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 authorised 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 expiry of the applicable Services.
6.7. Personal Data may be retained following termination as set out in clause 9 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 analyse information contained within a Candidate’s CV and application to generate an executive summary, suitability score and suggested interview questions or 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 and should apply meaningful human judgement when considering AI-generated assessments.
7.5. ecruit does not warrant that AI-generated assessments, summaries, scores or recommendations will be complete, accurate or appropriate in every case.
7.6. Special Category Personal Data collected for equal opportunities monitoring purposes is excluded from the AI-assisted assessment process.
8.1. ecruit does not independently verify information provided by Candidates unless expressly agreed otherwise in writing.
8.2. The Client is responsible for:
8.2.1. assessing the suitability of Candidates;
8.2.2. interviewing Candidates;
8.2.3. obtaining references where appropriate;
8.2.4. checking qualifications, licences and professional authorisations;
8.2.5. verifying right-to-work requirements; and
8.2.6. making all recruitment and employment decisions.
8.3. 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.
8.4. 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.
9.1. Each Party shall comply with applicable laws relating to privacy and the processing of Personal Data, including the UK GDPR, the Data Protection Act 2018 and any legislation amending, replacing or supplementing them (“Applicable Data Protection Law”).
9.2. Where ecruit processes Personal Data on behalf of the Client in providing the Services, the Client will ordinarily act as Controller and ecruit will act as Processor for the purposes of Applicable Data Protection Law.
9.3. The Client is responsible for ensuring that it has an appropriate lawful basis for processing Candidate Personal Data and for providing any privacy information required by Applicable Data Protection Law.
9.4. ecruit shall process Personal Data on behalf of the Client only in accordance with the Client’s documented instructions, the applicable agreement and Applicable Data Protection Law, unless otherwise required by law.
9.5. ecruit shall maintain appropriate technical and organisational measures designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.
9.6. The Client provides general authorisation for ecruit to engage appropriately contracted sub-processors where reasonably necessary to provide the Services.
ecruit shall ensure that relevant sub-processors are subject to appropriate contractual data protection obligations and shall remain responsible for their processing obligations to the extent required by Applicable Data Protection Law.
9.7. ecruit’s Hiring Platform is provided by Talent.AI Limited, which acts as a sub-processor in connection with the provision and hosting of the applicant tracking and candidate management functionality.
9.8. Certain limited processing associated with the AI-assisted candidate assessment functionality may take place within the European Economic Area. ecruit shall ensure that international processing or transfers of Personal Data are carried out in accordance with Applicable Data Protection Law.
9.9. Unless the Client requests earlier return or deletion where applicable, 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, unless continued retention is required by law.
9.10. Where ecruit acts as Processor, the processing of Personal Data shall also be governed by ecruit’s applicable Data Processing Addendum (“DPA”), which forms part of the contractual arrangements between ecruit and the Client.
The DPA sets out further details concerning the subject matter, duration, nature and purpose of processing, categories of Personal Data and Data Subjects, confidentiality, security, sub-processors, Data Subject rights, compliance assistance, Personal Data Breaches, deletion and return of Personal Data, and audit rights.
9.11. In the event of any conflict between this clause 9 and the DPA in relation to the processing of Personal Data, the DPA shall prevail to the extent of that conflict.
10.1. 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:
10.1.1. 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;
10.1.2. where disclosure is required by law, court order or regulatory authority; or
10.1.3. with the prior written consent of the other Party.
10.2. 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.
11.1. The Client accepts and agrees that ecruit gives no warranty as to the suitability of any Candidate for any vacancy.
11.2. 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.
11.3. Neither ecruit nor its staff will be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client 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 the negligent acts or omissions of ecruit.
11.4. In particular, but without limitation, ecruit will not be liable for any loss, injury, damage, expense or delay arising from:
11.4.1. a Candidate failing to meet the Client’s requirements;
11.4.2. any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
11.4.3. inaccurate or misleading information supplied by a Candidate; or
11.4.4. any recruitment or employment decision made by the Client.
11.5. Nothing in these Terms limits or excludes liability for:
11.5.1. death or personal injury caused by negligence;
11.5.2. fraud or fraudulent misrepresentation; or
11.5.3. any other liability which cannot lawfully be limited or excluded.
11.6. Subject to clause 11.5, ecruit’s total liability to the Client under or in connection with these Terms, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £1,000.
11.7. Subject to clause 11.5, neither Party shall be liable to the other for any indirect or consequential loss, or for any loss of profits, revenue, business, anticipated savings or goodwill arising under or in connection with the Services.
11.8. The Client shall indemnify and hold harmless ecruit against claims and losses arising directly from:
11.8.1. unlawful, inaccurate or misleading information supplied by the Client for use in an Advertisement;
11.8.2. the Client’s material breach of these Terms;
11.8.3. the Client’s unlawful use of Candidate Personal Data; or
11.8.4. any employment or recruitment decision made by the Client,
except to the extent that such claim or loss results directly from ecruit’s breach of these Terms, negligence or unlawful act.
12.1. Without prejudice to any other remedies or rights available to it, ecruit may terminate or suspend the Services on written notice if:
12.1.1. the Client commits a material breach of these Terms and, where the breach is capable of remedy, fails to remedy the breach within a reasonable period specified by ecruit;
12.1.2. the Client fails to pay sums properly due to ecruit by the agreed date; or
12.1.3. 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.
12.2. 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.
12.3. 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 instalments 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.
12.4. 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.
12.5. 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.
12.6. Renewal. Automatic renewal will apply only where expressly stated in the applicable Order Form. Otherwise, Plans do not automatically renew.
12.7. Following termination or expiry, access to the Hiring Platform and retention of Personal Data will be dealt with in accordance with clauses 6 and 9 and the applicable DPA.
13.1. 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.
13.2. 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.
13.3. 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.
14.1. The Services may interoperate with or depend upon third-party job boards, advertising platforms, software providers and other services.
14.2. ecruit is not responsible for the availability, performance or changes made by a third-party provider which are outside ecruit’s reasonable control.
14.3. 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.
15.1. Force majeure. Neither Party shall be liable for delay or failure to perform its obligations where caused by circumstances beyond its reasonable control.
15.2. Variations. No amendment or variation to these Terms or an applicable Order Form will be effective unless agreed in writing by authorised representatives of the Parties.
15.3. 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.
15.4. Waiver. No failure or delay by either Party in exercising any right will constitute a waiver of that right.
15.5. Relationship. Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship between the Parties.
15.6. 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.
15.7. 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.
16.1. 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.
16.2. 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.
16.3. Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.
17.1. These Terms and any dispute or claim arising out of or in connection with them shall be governed by the laws of England and Wales.
17.2. 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.