By using the O50C.COM (O50C) Service, the Client agrees to be bound by the Terms. Please read them carefully.

1. DEFINITIONS

In this Agreement the following definitions apply:

1.1. “Applicant” means the person that has applied for the vacancy through any job board advertising or online site or e-mail.

1.2. “Applicant Communication” means e-mails, telephone calls and text messaging to an Applicant in order to generate a response.

1.3. “Campaign” means the length of time that the Advert will appear on the job boards.

1.4. “Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced.

1.5. “Fees” means the total charge payable by the Client as per the Order Confirmation.

1.6. “O50C” means O50C.COM of Kinetic Business Centre, Theobald St, Elstree WD6 4PJ.

1.7. “O50C” or the “Company” means “Vohs & Co Limited trading as, inter alia, O50C and O50C.COM, with registered number 05574920 and registered address at Unit 133, Canalot Studios, 222 Kensal Rd, London W10 5BN.

1.8. “Order Confirmation” means you instructing O50C of your acceptance to the campaign by e-mail or by a completed order form.

1.9. “FFATS” means the Applicant Tracking System owned by O50C.

1.10. “Job Board” means the websites or social media sites that O50C have deemed a suitable medium through which to advertise the Client’s vacancy.

1.11. “Service” means the Online Recruitment Service as defined in section 5 of these Terms of Business.

1.12. “Vacancy” means the role that has been described by the Client.

1.13.  “PPC / PPA” means Pay Per Click / Pay Per Application, an online advertising model which costs each time a user clicks on the advert.

2. THE CONTRACT

2.1. This agreement will be governed by the Laws of England whose courts will have exclusive jurisdiction.  Any cause of the action the Client may have in respect of the Service and/or this Agreement must be commenced within 12 months after the claim or cause of action arises.  If for any reason any provision of this Agreement is found to be or becomes invalid or unenforceable under any applicable statute, regulation rule or governmental or judicial act or order then such provision will be deemed amended to the minimum extent necessary to delete or modify such invalid or unenforceable provision and the remaining provisions hereof will remain in full force and effect.

2.2.  No variation or alteration of the Agreement will be valid unless approved in writing (by letter or email) by both a Director of the Company and a duly authorised employee of the Client.

2.3.  Headings are for information only and will not form part of the operating provisions of this Agreement.

2.4.  Nothing in this Agreement should be construed as a partnership or joint venture between the parties.

2.5. These terms relate to the Service provided by O50C and are deemed to be accepted by the Client on Order Confirmation.

2.6. These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of O50C, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.

2.7.  The Company amends its Terms of Business from time to time.  Every time you wish to use the O50C Service, please check these Terms to ensure you understand the terms that apply at that time.

2.8. O50C reserves the right to announce this Agreement solely on the website.

3. NOTIFICATION AND FEES

3.1. All fees will be agreed in advance and the fee payable to O50C by the Client will be outlined in an Order Confirmation on an invoice, email or a draft advert.  The Client will provide approval for this.  This approval will be verbal, in writing or via e-mail and the Client will provide O50C with purchase orders where appropriate.  VAT will be charged on the fee at the prevailing rate.

3.2. The full fee for the service including VAT are to be paid by Invoice, by credit or debit card before O50C commences any service for the client.

3.3.  In the event that our service is cancelled by the Client once the O50C Online Recruitment Service (5) has started, a cancellation charge of £150 will be paid by the client, within 2 days of instruction of cancellation.

3.4. O50C reserves the right to charge interest on invoiced amounts unpaid for more than 28 days at the rate of 4% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.

3.5.  Job Credits are defined as retained monies to pre-purchase online job board advertising from the Job Boards that O50C deems appropriate at the time of initiating the usage of a campaign.  Credits will be used against any Vacancies submitted, and credits are not refundable in any circumstances.  When purchasing Job Credits, the client irrevocably waives any right competent to O50C now and in the future to set off whether by compensation, retentions or monies paid in advance against any debts due to the O50C.  In the event of termination of the agreement for any reason, all sums owing to O50C are due for payment.

3.6.  Regardless of how many applicants the Client hires, or whether Applicants are employed on a Temporary, Contract or Permanent basis, no further fees for this placement will be payable by the Client.

4. OBLIGATIONS AND RESPONSIBILITIES

4.1. O50C shall provide their service with reasonable care and skill.

4.2. The individual job boards maintain their services on a 24 hour by 7-day basis to support O50C recruitment requirements. In the event of job boards being unavailable for any consecutive period of 24 hours, O50C shall extend the term of this agreement by the period of the non-availability, without further payment from the Client.

4.3. O50C can alter its search relating to the Client’s vacancy without notifying the Client.

4.4. O50C cannot be held responsible if a job board that it uses changes its functionality or advertising network/partnerships.

4.5. O50C will allocate PPC / PPA budget on relevant job boards on behalf of the client (Indeed, LinkedIn, Facebook, Google etc), but cannot be held accountable for how fast this is used up, the functionality, or the algorithms of these job boards.

4.6.  O50C cannot be held responsible for the content or branding that is published on any other third-party job board, job board partner or website.

4.7. Before O50C publishes an advert on the job boards, the Client has the option to check and amend any errors before Order Confirmation.  Please check the order and advert details carefully before confirming it.  The Client is responsible to ensure that the details are complete and accurate.  The client will receive an email from O50C once the advert is live and it is the client’s responsibility to ensure that this is accurate.  Changes cannot be guaranteed once an advert is live on the job boards.  Any changes requested once an advert is live will be subject to a £25 administration charge, per change. In the event that adverts are posted incorrectly by O50C, O50C will amend the advert free of charge.

5. THE ONLINE RECRUITMENT SERVICE

5.1.  Authorised personnel at the Client will email, or verbally instruct, the job description to the O50C, confirming the Job Title, Location, duties, requirements, and Salary.

5.2.  The Client will inform O50C of the authorised personnel who will be reviewing and shortlisting applicants. 

5.3. On receipt of payment, O50C will then proceed with agreed services.

5.4.  All adverts will run for an agreed period as defined by the advert draft and Order Confirmation document. If at the end of this period, no suitable applicant has been found during that period, any re-advertising (as instructed by the Client) will be treated as the use of a credit or a new order.  In the case of PPC / PPA job board models, O50C will allocate the agreed budget and the advert will only be shown live on these sites whilst the budget is available.

5.5. O50C will agree to fulfil its recruitment obligations within 10 working days on receipt of payment unless otherwise specified.

5.6. O50C will shortlist, screen and present 4 candidates as part of the recruitment process for the Client.  However, it is the responsibility of the client to interview, give feedback and follow any contractual negotiations in relation to the hiring of any successful applicants, as with all references, CRM checks, proofs of identity and eligibility to work (outlined in point 6.2 of these terms).

5.7. It is advisable and is the clients responsibility to contact the candidate within 1 working day upon receipt of CV.

5.8. O50C cannot guarantee a particular level of success to a vacancy or be held responsible for any failure to successfully employ an applicant gained from presented candidates by O50C. 

5.9. The client agrees to inform O50C via email when a successful placement has been made using a CV provided by O50C.

5.10. The client grants O50C the right and licenses to use its trademarks for advertising and marketing purposes.

6. APPLICANTS

6.1.  O50C will hold all Applicants in their FFATS system in accordance with the Data Protection Laws.

6.2. The Client will keep all Applicant information strictly confidential and will act in accordance with the Data Protection Laws relevant to the country or countries they are operating in.

7. O50C ONLINE SYSTEM

7.1. The Client acknowledges that the Internet and FFATS website/system, services and equipment may from time to time be inoperative in full or in part as a consequence of, but not limited to, mechanical breakdown, maintenance, hardware or software updates, communication connectivity problems or other factors beyond the control of O50C. O50C will not be held liable for any failure or inability to provide continuous, error-free, uninterrupted services under these circumstances.

7.2. O50C will take reasonable care not to transmit viruses or malware to you but it is your responsibility to protect your computers against such attacks. Accordingly, O50C will not be liable for any damage resulting in the transmission from us to your computer systems.

8. LIABILITY

8.1. O50C cannot accept responsibility for any loss, expense, damage or delay, however, occasioned and it is the Client’s responsibility to take up references, obtained work permits and satisfy any medical requirements or professional qualifications as are required.

8.2. 050C’s liability to the Client for breach of contract or negligence shall not exceed an amount equal to the amount paid by the Client for any individual Campaign.

8.3. In no event shall O50C be liable for any special, indirect, consequential or purely economic loss whatsoever or any loss of profit regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with the use of the site or the use of our Service. Nothing contained in these terms and conditions shall affect so as to limit O50C liability for loss or damage arising out of personal injury or death or acts of fraud.

8.4. Having in mind the nature of the service, O50C is not able to verify any statements made by the Client in their Advert and accordingly the Client agrees to indemnify O50C from all claims, costs and expense, including legal expenses, resulting from the Clients breach of these Terms and Conditions.

8.5. Whilst O50C endeavours to ensure that the information on its website is correct, O50C does not warrant the accuracy and completeness of that information. O50C may make changes to the material on this website at any time without notice. The material on this website may be out of date, and O50C makes no commitment to update such material. Please note that the Client will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the website you agree to all risks and agree that O50C is not responsible for the acts or omissions of others.