Employers Terms and Conditions

Please read these terms carefully before you start to use the services of telarc, as by accessing or using telarc you shall be deemed to have accepted our terms.

1. These terms and conditions shall be applicable between our companies when you start to use the services of telarc.

telarc shall be operating as an employment agency under the Conduct of Employment Agencies and Employment Businesses Regulations 2003 in so far as they apply to such services.

telarc agree that we shall, subject to these terms permit you access to our site in order that you may post your job vacancies and where available receive CVs containing details of persons who may potentially be suitable for a role within your organisation from recruiters. You agree that any recruiter registered with telarc shall be permitted access to our site to recruit for your open position and submit candidate CVs or information of persons who may be suitable for your consideration.

We commit to making any reasonable effort to hide your company’s name and identity from the market place and will only make available such information to telarc recruiters when engaged by you to work in a particular vacancy. However, it is your sole responsibility to ensure that you don’t mention your company’s name or identity when posting a vacancy, especially when completing job description and candidate requirements. We shall not be held responsible or liable for any harm caused should your company identity be revealed before engaging a telarc recruiter.

The parties agree that the following terms shall apply with regard to the provision of candidate CVs:

a) all CV submissions are time and day stamped and candidates shall be deemed to be represented by the first recruiter who submits the candidate through our site.

b) a candidate is deemed to have been submitted as soon as a CV provided to you via our site is opened.

c) any candidate submitted by a telarc recruiter to you belongs to this telarc recruiter for a period of 180 days from the date of submission. In the event of an appointment of such a candidate within the fee period for the posted role or any other role, the employer shall be responsible for the transaction fee.

d) you agree not to contact the candidate’s current employer without express permission from the candidate or the telarc recruiter representing the candidate.

e) the telarc recruiter shall be required by contract to endeavour to make every reasonable effort to ensure the suitability of candidates submitted but does not personally establish references and cannot accept responsibility to you for any loss, expense, damage or delay however occasioned. You are responsible for taking up references concerning a candidate’s skills, qualifications and general integrity, obtaining work permits and satisfying any medical requirements or qualifications as are required by law or otherwise. We assume no liability for hiring decisions made, implicit or otherwise, by use of our services or our site.

In the event of hiring a candidate submitted through our site you agree to notify us within one week by email of start date and candidate name.

You agree not to directly or indirectly do or attempt to work around, circumvent or otherwise exploit our systems with the intent or effect of depriving us of any placements fees. You further agree not to use the services of, engage or otherwise employ any telarc recruiter introduced through us or our site in any capacity other than via our site for a period of six months after the submission of any candidate by that telarc recruiter via our site. This obligation shall survive the termination of these terms.

Where a candidate submitted via our site is employed either by you or a third party to whom you have provided information regarding the candidate and such an employment takes place within the fee period, you shall pay the fee as calculated.

The placement fee shall be calculated as a percentage set by you on our site (against the particular CV was submitted) of the first year annual base salary, payable to or for the services of the candidate.

The placement fee shall be payable within 30 days of the commencement of the candidate’s start date.

On receipt of payment, we shall retain the payment as a deposit until the guarantee period is cleared. Payment will then be passed to the telarc recruiter, subject to a deduction of our transaction fee which shall be 20%.

All sums payable for the services, unless otherwise stated, are exclusive of VAT and any other duties or taxes.

A guarantee period of eight weeks shall apply when hiring a candidate. During the guarantee period, should the employment be terminated due to the candidate being found to be unsuitable for the position, we shall, subject to the conditions below being met, pay to you a rebate of 100% of the placement fee.

A rebate shall be payable only where the following conditions have been met:

a) the engagement ends within the guarantee period.

b) you have notified us via email of the termination of the engagement within five working days of the last date of the engagement.

c) the engagement of the candidate was intended to be permanent.

d) you have paid us according to the rules. If we have not received the placement within the net 30 payment days, you are not eligible for the refund.

e) you are not in breach of any of the other provisions of these terms.

f) the parameters of the position into which the candidate was employed are not altered from those given, either verbally or in writing at any stage throughout the hiring the process.

You may not be responsible for paying a placement fee for a candidate submitted to you through us or our site if you previously received that candidate’s CV through another source and you have notified us of the same when rejecting the CV indicating that the CV is on file already within five working days of receipt of the candidate’s CV.

“Employment” for the purpose of this clause and the remainder of the terms means the engagement, employment, hire or use of a candidate, whether directly or indirectly, in whatsoever capacity, whether on a contract of employment, contract for services or via the medium of a third party “employ”, “employed” and “employs” shall have the corresponding meaning.

You agree that you will not:

a) use the services or our site to post any out of date, misleading or inaccurate content or content that invades the privacy of another person (such as posting personal contact information without prior written consent) is harmful, harassing, tortuous, libellous, defamatory, derogatory, obscene, discriminatory, otherwise unlawful, or which causes or may cause harm, offence or embarrassment to us, our affiliates or any candidate or telarc recruiter.

b) use the services or our site to post any content to which you do not have adequate rights to post, including content which infringes or misappropriates any copyright, trade secret, patent, trademark, right of privacy or publicity, or other proprietary rights of any party, and/or content which you are obligated by fiduciary or contractual obligation to keep secret.

c) use the services or our site to post or transmit spam, or other unsolicited commercial emails, including without limitation, multiple postings of similar messages and linking to unrelated sites.

d) disguise the origin of any content posted by you, including forging header information or misstating your affiliation with any group or individual.

e) post or use the services or our site to transmit any material that contains viruses, malware, spyware, worms, Trojan horses or any other computer code intended to obfuscate, destroy or limit the functionality of any computer system.

f) sell, copy or modify the content or reproduce, display, for public or commercial purpose.

g) otherwise use the services to violate or in violation of any applicable law or regulation.

h) other than in accordance with the terms of this agreement pass or allow any content or other information relating to our services or our site, to be passed to third parties without our prior written consent.

In the event you violate any of the terms, in our sole opinion we may remove your content from the site and terminate your ability to post content.

You warrant and represent that you have the authority on the behalf of your employer, if applicable, to enter into this licence agreement and that you or your employer are the holder of any rights, including moral rights in such content and trademarks, and that you or your employer have completely and effectively waived all such rights and validly and irrevocably granted to us the licence. Subject to the foregoing, the owner of such content and trademarks submitted to us retains any and all rights that may exist in such content and trademarks.

We or our suppliers may, at any time, without notice or liability, restrict or suspend the use of the service or our site or limit its time of availability in order to perform maintenance activities and to maintain session control.
Our site may contain links to other sites. Unless expressly stated, these sites are not under the control of telarc or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on our site does not imply any endorsement of the sites themselves or of those in control of them.

You shall indemnify and hold us, our managers, officers, members, employees and agents, harmless in respect of all claims, including losses, costs, damages and expenses, (including reasonable legal fees and court costs), brought against us whether by you, the candidate or any third party, relating to or arising from or in connection with your use of the services or our site in violation of the law and/or these terms.

We do not warrant that our site will operate error-free or that any telarc site and its servers are free of computer viruses or other harmful mechanisms. If your use of our site or content results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

telarc asks as a link between employers and recruiters so they can work together to fill job openings with qualified candidates. We do not find any work finding services, nor do we locate suitable candidates to fill any advertised positions. As a result, we have no control over the quality, safety or legality of the vacancies posted or CVs submitted, the truth or accuracy of the vacancies, the ability of the employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any content and we make no representations about any jobs, recruiter qualifications, CVs or content on our site. We act as a passive conduit for the online distribution and publication of content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring content posted by users. You assume all risks associated with dealing with other users with whom you come in contact through our site. Because user authentication on the internet is difficult, we cannot and do not confirm that each user is who they claim to be.

telarc’s aggregate liability for all claims arising from these terms, regardless of the nature of such claim, shall not exceed the total amounts paid by you to us in connection with the services provided hereunder.

The terms shall become effective upon registration on our site and shall remain in effect for so long as you continue to access and/or use the service or our site.

telarc may terminate the terms and your access to and use of the service or our site upon notice to you if you breach the terms or alternatively on the provisions of seven days notice. Upon termination of these terms you shall immediately cease all use of the services and our site.

Neither party shall be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by strike, riot, fire, natural disaster, governmental acts or orders of restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control and is not caused by the negligence of the non-performing party (“force majeure”), provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible.

Each party acknowledges that this is the complete and exclusive statement of the agreement between the parties, and that these terms supersede all prior proposals, understandings and all other agreements, oral and written, between the parties relating to these terms.

We may change the terms at any time, should we make any such change we will communicate such a change either via a general amendment notice issued to the email address registered on our system or by notification on our site.

We may, at our sole discretion, which need not be exercised reasonably, terminate the services, or prevent or limit your use of our site.

If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, the remaining provision of these terms shall remain in full force and effect.

We may change published fees from time to time. All changes will be updated in these terms.