TERMS & CONDITIONS OF THE CV SEARCH FOR EMPLOYERS/RECRUITMENT AGENCIES
Duration of Agreement & CV Search Format
The start date and duration of the CV Search will be agreed by both Private Health Visitor (publishers of privatehealthvisitor.com) and the Employer/Recruitment Agency and be confirmed via email correspondence between Private Health Visitor and the Employer/Recruitment Agency. The duration of the agreement will be for 1 year unless otherwise agreed.
Private Health Visitor reserves the right at any time to change the format of the CV Search.
Use of the CV Search
Employers/Recruitment agencies in using the CV Search will comply with all applicable local, national and international laws, including but not limited to the Data Protection Act 1998 and the Equality Act 2010.
The CV search can only be used for recruitment purposes.
The privatehealthvisitor.com CV Search shall not be used:
– for any purpose other than as an employer/recruitment agency seeking employees
– to market or direct sell to candidates
– to make unsolicited phone calls or send unsolicited mail/emails to CV holders or to contact any individual unless they have agreed to be contacted
– to source candidates or to contact job seekers in regards to career fairs
– to contact job seekers in regard to jobs of a sexual nature
You agree not to further disclose any of the data to any third party unless you are a recruitment agency using the CV database explicitly for employment purposes.
You shall take appropriate measures to protect the data you obtain from the privatehealthvisitor.com CV database.
You agree not to share log in details/access to the CV Search with any third party.
You agree not to use any automated computer program to search for and/or download information on candidates.
The number of CV downloads is subject to a ‘CV Download Quota’ of 100 per day per user. Thislimit may be amended at privatehealthvisitor.com sole discretion from time to time. The following count as a ‘CV Download’:
(i) downloading a candidate’s CV from the Website onto any computer device such as a PC, phone or tablet computer;
(ii) viewing a candidate’s contact details on the candidate profile page (viewing a candidate’s profile will not be considered as a CV Download);
(iii) a CV attachment received as part of an email alert or emailed to self from website;
(iv) sending a message to a candidate via the website.
Breaching any of the above, will result in the removal of your account without further notice.
Fees & Payment
The prices for the CV Search will be set out in the quotation provided by Private Health Visitor, and all prices quoted are exclusive of VAT. Private Health Visitor reserves the right to change the prices at any time. Once an order for a CV Search has been received the order is non-cancellable and non-refundable.
Private Health Visitor shall invoice the subscriber to the CV Search in advance (unless otherwise agreed).
Private Health Visitor may suspend without further notice access to an account for any subscriber who has not paid any sums due for the CV Search subscription.
Without limiting any other right or remedy of Private Health Visitor, if the subscriber fails to make any payment due to Private Health Visitor under these terms by the due date for payment, Private Health Visitor shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England’s base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
All fees are non-refundable and will not be pro-rated should the subscriber decide to discontinue the using the CV Search.
Private Health Visitor will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of using the CV Search, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Indemnification for liability
The subscriber to the CV Search is solely responsible for any liability arising out of or relating to use of the CV Search.
The Employer/Recruitment Agency agrees to indemnify Private Health Visitor and to hold Private Health Visitor, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Private Health Visitor, arising out of or related to the Employer/Recruitment Agency’s breach of any representations and warranties in these terms.
Limitation of liability
Private Health Visitor’s liability for losses suffered by the Employer/Recruitment Agency as a result of a breach of these terms by Private Health Visitor is strictly limited to the price paid for the CV Search subscription.
Private Health Visitor’s liability for losses suffered by the Employer/Recruitment Agency as a result of a breach of these terms by Private Health Visitor is strictly limited to liability in respect of claims brought within one year of the date of the invoice for the CV Search.
To the fullest extent permitted by law, Private Health Visitor expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or use of the CV Search, and also excludes, without limitation, any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect Private Health Visitor’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.