Candidate Agreement

This Candidate Agreement (the “Agreement”) sets out the terms between the Candidate (“you”) and Job Heron (“we” or “us”) under which you may use our Service. The Service is the provision of the recruitment services as set out in this Agreement.

By accepting or requesting any services from Job Heron, you are deemed to accept the terms of this Agreement, which override any other terms proposed by you unless agreed in writing by a director of Job Heron. The following is agreed in consideration of the benefits set out herein:

www.JobHeron.co.uk is a site operated by JOBODO LIMITED. We are registered in England and Wales under company number 10342786 and we have our registered office at 80-90 Paul Street, London, United Kingdom, EC2A 4NE.

1. Definitions
1. 1.1 Account: an account registered for a Candidate with Job Heron for the use of its Services;
2. 1.2 Advertisement: a notice placed on job-boards by Job Heron of an employment opportunity;
3. 1.3 Agreement: this agreement between Job Heron and the Candidate as set out in the above preamble;
4. 1.4 Application: the package of Candidate information sent to Employers by Job Heron being, a curriculum vitae and other information prepared by Job Heron;
5. 1.5 Candidate: a potential employee who contacts Job Heron having viewed an Advertisement;
6. 1.6 Employer: the party contracting under this Agreement for the Services provided by Job Heron;
7. 1.7 Job Heron Admin: the point of contact at Job Heron for Employer’s users;
8. 1.8 Notices: notices between the parties to this Agreement as set out in herein; and
9. 1.9 Service: the services provided by Job Heron to the Candidate under this Agreement.
2. How to use Job Herona
1. 2.1 You see an advertisement and respond;
2. 2.2 If the advert is on the Job Heron website, you register with Job Heron and create an account;
3. 2.3 You upload your Curriculum Vitae (“CV”);
4. 2.4 We standardise your CV;
5. 2.5 We make your application available to the employer;
6. 2.6 The employer reviews your application; and
7. 2.7 The employer may then contact you for interview, to make an offer or to seek further information.
8. 2.8 Unless you notify us otherwise we keep you informed about other positions that may be relevant. Please refer to sections 3.6 and 3.7 below.
3. Account creation
1. 3.1 You must provide certain information, security details and a password to use the Account. Such information must be kept secure and confidential. Any breach of this clause must be notified immediately to Job Heron’s administrator (Job Heron Admin, your point of contact Ben Durrant – enquiries@jobheron.co.uk and the password must be reset immediately. We will not be liable should such information be misused by you or a third party.
2. 3.2 We will retain your security details and will use it to provide the Service to you.
3. 3.3 You must use the Job Heron website in accordance with the Job Heron website Terms of use.
4. 3.4 Your data is safeguarded in accordance with the Job Heron Data Protection Policy.
5. 3.5 You hereby agree to allow us to record, keep and process your personal information in accordance with the Job Heron Data Protection Policy, which is appended to this Agreement
6. 3.6 We will not keep your personal information for longer than is necessary and we will take all reasonable steps to destroy or erase from our systems all data which is no longer required, and in any event, your personal data will be automatically deleted after nine months of being used for the original purpose, unless a new lawful purpose exists (the right to be forgotten).
7. 3.7 You may write to us at any time to request that we delete or erase your personal data, or that we amend or rectify inaccurate or incomplete data.
4. Curriculum Vitae
1. 4.1 You can upload your CV through the Job Heron website. We will standardise your CV so that it can be made available to employers for them to review.
2. 4.2 We may receive your CV through a third party website.
3. 4.3 We will use our technology to standardise your CV but make no guarantee as to the accuracy of the standardised CV. We do not accept cover letters and only the contents of your CV shall be considered.
4. 4.4 Employers may only have access to the standardised and original CV for a limited time. We do not guarantee that a copy of the standardised and original CV will be available for them to retrieve beyond that time.
5. Communications
1. 5.1 You will communicate with us and with potential employers via email or by telephone and via your Account. It is up to all parties to ensure their content is courteous and respectful and complies with all applicable laws (including employment laws and data protection laws).
2. 5.2 With respect to communications between you and us, you are deemed to have notice of the communication once we have sent you an email.
3. 5.3 You hereby agree to be held liable for false or misleading information. We may remove any content we deem inappropriate at our discretion.
4. 5.4 We are not liable for any information provided by potential Employers or other third parties. It is up to you to verify the information provided. If you believe there is a problem, then you must report it immediately to us.
5. 5.5 Employers may require us to provide you with an equal opportunities form to complete.
6. 5.6 If we notify you of a distance (for example to a potential Employer’s offices or trading address), it will normally be measured “as the crow flies”.
6. Employment
1. 6.1 You hereby acknowledge that this Agreement does not create a contract of employment between us and you or any third party. Any employment contract will be between you and an Employer.
2. 6.2 Unless you notify us otherwise, pursuant with sections 3.6 and 3.7, we will retain your information and CV to match you to future job opportunities and to provide you with marketing information of other Job Heron services and activities and those of third parties.
3. 6.3 You must keep in mind that you may be identified by your current employer who may also be using our services. It is your responsibility and not that of Job Heron to ensure that you avoid identifying yourself.
4. 6.4 You hereby agree to not hold us liable for a breach of the above clause 6.3.
5. 6.5 You will not hold us liable for any decisions taken by potential Employers. We provide information to potential Employers but they will make their decisions independently of us.
7. Confidentiality
1. 7.1 You and us will keep secret and confidential all confidential information of the other and shall not (and shall procure that its employees and/or officers shall not) copy, use or disclose any such information to any third party, other than as may be necessary to comply with its obligations under this Agreement.
2. 7.2 The obligation of confidence shall not apply where the confidential information:
  1. 7.2.1 Is required to be disclosed by operation of law;
  2. 7.2.2 Was in the possession of the recipient prior to disclosure by the other party;
  3. 7.2.3 Is subsequently acquired from a third party without any obligation of confidence;
  4. 7.2.4 Is or becomes generally available to the public through no act or default of the recipient; or
  5. 7.2.5 Is disclosed on a confidential basis for the purposes of obtaining professional advice.
3. 7.3 This clause 7 shall continue in force notwithstanding the expiry or termination of this Agreement, whatever the reason for such termination.
8. Termination
1. 8.1 Either you or us may terminate this Agreement immediately by notice in writing if the other party commits a material breach of any of the terms of this agreement and, if such breach is capable of remedy, fails to remedy the breach within 7 days from the terminating party specifying the breach and requiring the breach to be remedied.
2. 8.2 The expiry or termination of this agreement for any reason shall not affect any rights and/or obligations:
  1. 8.2.1 Accrued before the date of termination or expiry; or
  2. 8.2.2 Expressed or intended to continue in force after and despite expiry or termination.
9. Limitation of Liability
1. 9.1 The liability of each other under or in connection with this Agreement, whether arising from contract, negligence or otherwise, shall be limited as follows:
  1. 9.1.1 For liability arising from death or personal injury to persons caused by negligence, or for fraudulent misrepresentation, there shall be no limit;
  2. 9.1.2 For any other liability, the aggregate liability arising from any single event or series of connected events shall be no greater than £10,000.00.
2. 9.2 We shall not be liable for loss of profit, loss of business, loss of reputation, loss of opportunity, loss of employment, loss of income or loss of data or for any indirect or consequential losses.
10. General
1. 10.1 Neither party shall be liable for any breach of this Agreement directly or indirectly caused by circumstances beyond the reasonable control of that party and which prevent that party from performing its obligations to the other, provided that a lack of funds shall not be regarded as a circumstance beyond that party’s reasonable control.
2. 10.2 A failure or delay by us to exercise any right or remedy under this Agreement shall not be construed or operate as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy.
3. 10.3 This Agreement represents the entire terms agreed between the parties in relation to its subject matter and supersedes all previous contracts or arrangements (including any usage or custom and any terms arising through any course of dealing) of any kind between the parties relating to its subject matter.
4. 10.4 This agreement may be amended, superseded, or cancelled (or any of its terms and conditions waived) only by written instrument signed by you and us, or in the case of waiver, of the party waiving compliance.
5. 10.5 Each of the provisions contained in this Agreement shall be construed as independent of every other such provision, so that if any provision of this agreement shall be determined by any court or competent authority to be illegal, invalid and/ or unenforceable then such determination shall not affect any other provision of this agreement, all of which other provisions shall remain in full force and effect.
6. 10.6 This Agreement shall be governed by and construed in accordance with English law.
7. 10.7 The English courts shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement.