Hirer Terms and Conditions
Last updated: 16th August, 2021
Please read these conditions carefully before using the 55redefined.com website. By using the website, you signify your agreement to be bound by these conditions.
Jobs and CV Search
The following definitions apply:
"Client" means the company, firm or organisation which has set up an account with 55/Redefined in order to use the Services.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the 55/Redefined sales team, the form signed by the Client confirming details and Pricing Model(s) of the Services ordered by the Client.
"Pricing Model(s)" means the pricing models offered by 55/Redefined as set out in clause 3.
"55/Redefined " means 55 Redefined Limited.
"Services" means the online recruitment services as set out in clause 2, and found at https://jobs.55redefined.com
"Terms" means these terms and conditions.
"Website" means www.55redefined.com and includes without limitation its content, databases, software, code and graphics.
- The following Services are available from 55/Redefined via the Website:
Standard Job Postings: Client’s job postings will appear in specified job search sections on the 55/Redefined job site.
Premium Job Postings: A service whereby the Client's job postings will be given greater prominence in job listings.
CV Search: The Client will be given access to a search engine to search for candidate CVs which match the criteria and filtering set by the Client. Various bundles of CV downloads may be purchased, subject to a fair usage cap.
Branding Opportunities: Opportunities to promote Client brands are available, including Recruiter Profile, where customers can themselves create a profile of their company or organisation on the Website using 55/Redefined tools for an agreed time.
- The following Pricing Models are available in relation to the Services offered:
Ads by Volume: (i) the Client will buy the agreed number of job postings as set out in the Order Confirmation; (ii) the agreed pricing and payment method will be set out in the Order Confirmation, (iii) all job postings must be posted within 12 months of date of purchase (unless otherwise set out in the Order Confirmation).
CVs by Volume: (i) the Client will buy the agreed number of CV downloads as set out in the Order Confirmation; (ii) the Client will pay upfront for the CV downloads; (iii) the Client is entitled to download CVs at any time within the contract period set out in the Order Confirmation subject to 55/Redefined's fair usage policy set out under clause 43.
Ads On Demand: (i) no minimum commitment is required from the Client, (ii) an unlimited number of jobs may be posted with a maximum of 500 live jobs at any one time (unless otherwise set out in the Order Confirmation), (iii) the Client will be charged for every job posted in accordance with the Order Confirmation.
Subscription Services - Job Postings: the Client may post an unlimited number of jobs.
Subscription Services - CV Search: the Client is entitled to download an unlimited number of CVs subject to 55/Redefined's fair usage policy.
- 55/Redefined shall provide the Services in accordance with these Terms. Clients must set up an account with 55/Redefined in order to gain access to the Services. The Services do not constitute an offer by 55/Redefined, and 55/Redefined reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
- A legally binding contract between 55/Redefined and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the 55/Redefined sales team, 55/Redefined has received the Client's completed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing 55/Redefined's credit checking process.
- 55/Redefined shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.
- The Client undertakes not to submit for inclusion on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect 55/Redefined or 55/Redefined's reputation
- Other than for Services paid for online or by phone using credit or debit cards (where 55/Redefined will provide payment confirmation after payment has been taken), 55/Redefined shall issue an invoice to the Client on formation of contract as set out in clause 5 above, and in the case of Subscription Services, at agreed intervals in advance thereafter. The Client shall pay 55/Redefined's invoices in full within 14 days from the date of invoice. In the event of late payment, 55/Redefined may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), 55/Redefined may terminate the Services and all outstanding invoices shall become payable immediately. In the case of subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 8. Without prejudice to any other remedy, 55/Redefined reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
- Where the Client is an advertising agency or media buyer, the Client guarantees that it is authorised by the advertiser of a product or service to place the advertisement with 55/Redefined and will compensate 55/Redefined for any claim made by such advertiser against 55/Redefined.
- Online payment services will be carried out by Stripe. Online card payments shall be subject to Stripe’s Terms and Conditions.
- The Client may provide 55/Redefined with a recurring payment authority to enable 55/Redefined to take regular payments from the Client's nominated debit or credit card for payment of the Services. Such authority must be provided to 55/Redefined's sales team by phone or online through the Client's Recruiter account. When a recurring payment authority has been provided, 55/Redefined will be entitled to take regular payments for the Services from the nominated debit or credit card without the need to obtain individual authorisation for every payment. The Client may cancel or update a recurring payment authority at any time by calling 55/Redefined's sales team or online in the Client's Recruiter account. The Client will remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.
- Once a contract has been formed, 55/Redefined cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:
- (i) Subscription Services (Job Search and CV Search) are for a minimum term of 12 months unless otherwise agreed with 55/Redefined. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. These services will automatically renew for a further minimum term of 12 months on the same terms and fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 28 days prior to such anniversary.
- (ii) For the avoidance of doubt Job Posting credits and CV Search credits do not roll over beyond the contract end date. Any Job Postings that are live on the Website will remain live until their expiry date, but no new Job Postings can be made using the credits from the relevant contract.
- (iii) For Services purchased online, refunds may occasionally be given at 55/Redefined's sole and absolute discretion.
- 55/Redefined may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
- 55/Redefined reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
- Without prejudice to any other remedy, 55/Redefined may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if 55/Redefined has reasonable grounds to believe that the Client cannot or will not pay its debts.
- 55/Redefined reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
- the Client has not provided full or accurate contact or company information;
- 55/Redefined considers the Client is acting inappropriately or illegally;
- the Client is using the Website to advertise websites, services, businesses and/or business opportunities (unless the business is an agreed franchise or other business opportunity) in any part of the job vacancy or on any part of the site;
- the Client fails 55/Redefined’s credit checking process, or defaults on payment;
- the Client resells job postings without the express permission of 55/Redefined;
- the Client has been given permission to resell job postings but does not accurately represent the products and services that are offered by 55/Redefined; and/or
- the Client has shared its CV Search access with a third party.
- The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.
- All intellectual property rights connected with the Services and/or the Website shall remain vested in 55/Redefined or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
- 55/Redefined cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results. For the avoidance of doubt, no Service is guaranteed to result in a placement.
- For the sake of clarity and the avoidance of doubt, the Client acknowledges that it is acting as a data controller for the purpose of current data protection legislation in connection with any personal data it obtains in the provision of the Services by 55/Redefined. It is the Client’s responsibility to comply with its obligations as a data controller and to satisfy themselves of the legal grounds for processing any personal data.
- 55/Redefined acknowledges that it will act as a data controller for the purposes of current data protection legislation and that it will comply with its legal obligations in the provision of the Services.
- 55/Redefined shall not be in breach of these Terms if events beyond its reasonable control prevent 55/Redefined from performing the Services.
- It is the Client's responsibility to protect their computers against any viruses and malware.
- These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between 55/Redefined and the Client. The Client acknowledges that it has not relied on any representation made by 55/Redefined in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
- In the event that the Client makes a claim against 55/Redefined for whatever reason, 55/Redefined's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall 55/Redefined be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude 55/Redefined’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
- If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
- Notices to 55/Redefined shall be sent by email to firstname.lastname@example.org and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.
- From time to time 55/Redefined will contact Clients in order to evaluate the service they receive and also to promote 55/Redefined's services and products. 55/Redefined monitors the quality of vacancies from time to time in order to provide a better service to candidates.
- The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of 55/Redefined or of any member of the 55/Redefined Group. Breach of this clause shall be a material breach and will entitle 55/Redefined, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.
- The Client will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 4 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
- The Client shall not resell any Services without the express written permission of 55/Redefined. 55/Redefined reserves the right to impose any restrictions it deems fit should it provide permission for the reselling of any of the Services.
- The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
- By submitting a vacancy to the Website, the Client is authorising 55/Redefined to post such vacancy and submit candidates ranked by 55/Redefined in accordance with the Client's criteria (if any).
- The Client is responsible for the content of the vacancy and will indemnify 55/Redefined against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
- The Client shall include in the job description the following information:
- Any qualifications and/or authorisations required by law or any or by any relevant professional body:
- If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
- If the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
- The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
- Applicants' responses will be forwarded by 55/Redefined by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and 55/Redefined accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
- All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and 55/Redefined accepts no liability whatsoever therewith. The Client will indemnify 55/Redefined against any Losses in connection therewith.
- The Client will comply with all applicable laws, including without limitation: current data protection legislation and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:
- The Client shall indemnify 55/Redefined against any Losses in connection therewith.
- The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on 55/Redefined's site, communications with applicants and management of applicants' details. The Client shall indemnify 55/Redefined against any Losses in connection therewith.
- The Client shall not post any vacancy where:
- there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
- the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the candidate; (ii) to obtain two references from persons who are not relatives of the candidate; and (iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.
- By posting any vacancy set out in sub-clauses 40 (a) and (b) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clauses 40 (b) (i) and (ii) to the hirer.
- The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold 55/Redefined harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
- 55/Redefined reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
- those that 55/Redefined considers illegal, inappropriate or fraudulent
- those that directly or indirectly require or ask for application or registration fees
- those that advertise, pyramid, network marketing or get-rich-quick schemes
- those that have been indiscriminately posted or duplicated across multiple sectors
- those that advertise websites, services, businesses, business opportunities and/or contact details
- those of Clients who solicit staff from any member of the 55/Redefined.
- The number of CV downloads is subject to a fair usage cap: this is 300 CV downloads per user per day (unless otherwise set out in the Order Confirmation). A user is a person or organisation with a unique login. A Client may have more than one user where agreed with 55/Redefined. For the purpose of the fair usage cap, each of the following will count as one 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 full profile on the Website; (iii) adding a candidate to a shortlist created on the Website; (iv) sending a message to a candidate via the Website. Previewing a candidate's profile will not be considered as a download.
- CV search access can only be used for recruitment purposes. Using CV Search for the purposes of marketing or direct selling to candidates is prohibited, and will result in the suspension of the account. The Client shall not use any automated computer program to search for and/or download information on candidates. Breach of this clause 46 will result in suspension of the Client's account.
- The Client shall not share its access to CV Search with any third party.