If you refuse to accept these Terms, you will not be able to access or use any of our Services. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 4 of these Terms. Every time you wish to use or access the Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 13th September 2017.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We provide our services through the website www.exceloutsourcing.co.uk.
1.2 To contact us, please see our Contact Us page.
2. USE OF OUR SERVICES
2.2 Please take the time to read these, as they include important terms which apply to you.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. OUR RIGHT TO VARY THESE TERMS
4.1 We may revise these Terms from time to time in the following circumstances: changes in how we accept payment from you; changes in relevant laws and regulatory requirements; or changes required to reflect additional services that we might offer at a future date or improvements or updates to our business model.
4.2 Every time you access or use Services from us, the Terms in force at that time will apply to the Contract between you and us.
5. USE OF Excel Outsourcing’s SERVICES
5.1 The back-office support and CV sourcing services provided by Excel Outsourcing may be used only by Recruitment Agencies or by Direct Employers, for the sole purpose of employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information provided through our services for these purposes only and for no other personal or commercial purpose.
6. Employment Agencies and Employment Business Regulations 2003 Recruiters need to be aware that through our services we do not introduce or supply work-seekers to recruiters (or vice versa). This means that we do not:
6.1 Obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;
6.2 Obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
6.3 Take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
6.4 Take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
6.5 Give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
6.6 Propose work-seekers to recruiters or provide any information about them.
6.7 Take up any references in relation to a work-seeker; or
6.8 Make any arrangements for accommodation of work-seekers.
7. The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work-seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we through our services do not propose or introduce work-seekers to recruiters or vice versa, it is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seeker's suitability for the role.
These could include:
7.1 If you are a work-seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
7.2 If you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position.
7.3 In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker. For more details of how to undertake a criminal records bureau check.
7.4 Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
8 SPECIFIC TERMS APPLICABLE TO RECRUITERS
8.1 If you stop using our services or your account is terminated, all account information relating to you, including job descriptions will be marked as deleted and may be deleted from Excel Outsourcings’ databases. Information may continue to be available for a transitional period of time only.
8.2 A job description may not contain inaccurate, false, or misleading information.
8.3 All job descriptions that you post will in all respects comply with applicable local, national and international laws, including employment laws, equal opportunity and employment eligibility requirements, data protection, data access and use, and intellectual property laws.
9. Excel Outsourcings’ LIABILITY
9.1 Excel Outsourcings will search for and evaluate potential candidates against the job description we have been provided. Excel Outsourcings is not responsible for the accuracy of the CVs which have been created by the candidates.
9.2 Your use of our service is at your own risk. Changes are periodically made to our services and may be made at any time. Excel Outsourcing cannot guarantee and does not promise any specific results from use of our site or the Services. No advice or information on the site creates any guarantee or warranty, not expressly stated in these Terms.
9.3 Excel Outsourcing encourages you to keep a back-up copy of any of your User Content. To the extent permitted by law, Excel Outsourcing shall exclude liability for the deletion, loss, or unauthorized changes to any User Content.
9.4 Excel Outsourcing does not provide or make any representation or warranty as to the quality
or nature of any of the third party products or services advertised or promoted on our site.
10. EXCLUSION OF WARRANTY
Excel Outsourcing does not warrant that our site or the services or any Services will operate error-free-or free of interruptions or that our site or servers are free of computer viruses.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Terms limits or excludes Excel Outsourcings’ liability for:
11.1.1 death or personal injury caused by its negligence;
11.1.2 fraud or fraudulent misrepresentation; or
11.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
11.2 Subject to clause 10.1, Excel Outsourcing shall not be liable, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
11.2.1 loss of profits;
11.2.2 loss of sales or business;
11.2.3 loss of agreements or contracts;
11.2.4 loss of anticipated savings;
11.2.5 loss of or damage to goodwill;
11.2.6 loss of use or corruption of software, data or information; or
11.2.7 any indirect or consequential loss.
11.3 Subject to clause 11.1 and clause 11.2, Excel Outsourcings’ total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to £50.00.
11.4 The terms implied by sections 5 to 10 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
You agree to defend, indemnify and keep indemnified Excel Outsourcing, its affiliates, and their officers, directors, employees and agents and contractors, from and against any losses, liabilities, claims, actions or demands, including without limitation reasonable legal costs arising directly or indirectly, from (i) any User Content or other material you provide or post to our site (ii) your use of our site, the Services or any Excel Outsourcing Content, or (iii) your breach of these Terms. Excel Outsourcing shall provide notice to you promptly of any such claim, or proceeding.
13. TERM AND TERMINATION
These Terms will remain in full force and effect while you retain our services. Excel Outsourcing reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from our site and immediate termination of your account and ability to access or use our site, upon any breach by you of these Terms or if Excel Outsourcing is unable to verify or authenticate any information relating to you.
14.1 The Contract comprises the entire agreement between the parties relating to the subject matter covered and displaces any prior agreements, arrangements, written or oral, between the parties in relation to such matters.
14.2 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
14.3 Nothing in the Contract shall be deemed to create any kind of joint venture between Excel Outsourcing and any recruiter or other user of our Service.
14.4 No failure or delay by either party in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver shall be actual unless in writing and shall apply only in reference to the matter in respect of which it was specifically given. No waiver of any breach of the Contract is a waiver of any subsequent or other breach.
14.5 Neither party shall be responsible for any interruption or non-performance under the Contract caused by any event beyond its reasonable control (a “Force Majeure Event”) provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Contract. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Contract by notice in writing to the other party.
14.6 If any provision of the Contract is held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected.
14.7 Notifications under the Contract must be in writing and shall only be deemed to have been appropriately obliged if hand delivered, sent by facsimile (provided the transmitting machine reports successful transmission), recorded delivery or email to the contact address of the party.
14.8 Excel Outsourcing may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
14.9 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15. Payments & Credit Terms
All prices are quoted exclusive of VAT. Credit is granted subject to Excel Outsourcing obtaining suitable credit checks. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment in full upon commencement of service unless agreed otherwise. In the event of late payment, Excel Outsourcing may terminate Services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately. You, the Customer will remain liable for the payment of services as agreed in the Contract, notwithstanding such services have been suspended or terminated under this clause. In addition interest and fees will be payable on late payments in accordance with Late Payment of Commercial debts (Interest) Act 1998. If credit is not permitted a prepayment account may be granted, the whole amount of the contract payable in advance of services being provided. You may request a review of this credit arrangement after 6 months from contract start date. Excel Outsourcing reserve the right to periodically review your credit terms.
16. GOVERNING LAW AND JURISDICTION
16.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
16.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).