Terms & Conditions

1 Definitions and Interpretation

1.1 In these Terms and Conditions:

“Account” means the account registered on the ATS by or on behalf of the Client.

“Advertisement” means a notice intended to attract applications from Candidates in relation to a Client’s Requirement;

“Agreement” means these Terms and Conditions and the Client’s acceptance thereof in accordance with Clause 3;

“Applicant Tracking System” and “ATS” means the online portal provided by the Company for Clients to manage their recruitment;

“Candidate” means a person who responds to an Advertisement;

“Client” means any company, firm, person, persons, corporation or public authority (including their successors or personal representatives) which instructs the Company to provide the Service;

“the Company” means eTalent Limited, a company incorporated in England (registration number 04923120) and with its registered office at 12 Pine View, Bridport, Dorset, DT6 5AE;

“Requirement” means one or more vacancies for personnel which requires an Advertisement;

“Service” means the provision services by the Company, including placing Advertisements, processing Applications and provision of the Company’s Applicant Tracking System;

2 Commencement and Duration

2.1 The instruction by the Client for an Advertisement to be placed by the Company or the opening of an Account by the Client (whichever occurs earlier) shall constitute an acceptance of these Terms and Conditions and the creation of the contract between the Client and the Company.

2.2 Jobs are advertised on the Job Boards (a full list is available by request) for a period 28 days (4 weeks), although on some Job Boards it is 42 days (6 weeks), after which time the advert will be removed.

2.3 The Agreement will subsist for a period of 3 months from commencement or until the Client Requirement has been satisfied, whichever occurs earlier.

2.4 The Agreement is valid only for the specific Client Requirement for which is has been taken out and not for any other purpose.

2.5 While the Agreement subsists for a period of 3 months, job applicants will normally only be able to access the system via the job boards to apply for a period of 30 days. In practice, however, we allow access to applicants for as long as necessary to fill the vacancy.

3 Client Obligations

3.1 The Client shall be responsible to the Company for ensuring the accuracy and sufficiency of its Advertisement Content.

3.2 The Client warrants that the Advertisement complies fully with all legal requirements.

4 Service Delivery

4.1 In offering the Service, the Company is supporting the Client’s recruitment activities but is not acting as an employment agency (as defined in section 13(2) of the Employment Agencies Act 1973) and does not assume any responsibility for the success of the Service in relation to the Client’s Requirement.

4.2 The Company reserves the right to refuse to place, or to remove any Advertisement at its discretion.

5 Fees and Payment

5.1 Fees will be as stated on the Company’s website or as otherwise agreed between the Company and the Client at the time of receiving a Requirement. Fees are exclusive of Value Added Tax (VAT) or other applicable sales tax. VAT will be charged at the applicable rate.

5.2. Fees are subject to change without notice. Changes to fees will be set out on the Company’s website.

5.3. Payment is due at the time the Client’s Account is created and may be made online, by credit card, or by BACS as stated at the time of order.

6 Disclaimers

6.1 The ATS is provided “as is” and no assurances are made as to availability, compatibility, quality, or fitness for a particular purpose.

6.2 The Company may change or discontinue any aspect of the Service at any time. The Client will be notified of any material change.

7 Liability and Indemnity

7.1 The Client shall indemnify the Company in full against all liability, loss including loss of profit, costs, damages and expenses (including legal expenses) awarded against or incurred or paid by the Company as a result of a breach by the Client of its obligations under this Agreement.

7.2 Subject to Clause 7.3, neither Party shall be liable to the other for any indirect and/or consequential Losses and/or damages howsoever arising.

7.3 Neither Party excludes or limits its liability for death, personal injury, fraud, fraudulent misrepresentation, nor for any other liability which may not be lawfully limited or excluded.

7.4 The Company’s aggregate liability to the Client for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement, shall in every case be limited to the sums paid by the Client to the Company in terms of this Agreement.

8 Intellectual Property Rights and Licence

8.1 The Company owns and reserves all right, title, and interest in and to the ATS. The Client is granted a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the ATS solely in accordance with this Agreement.
8.2 The Client may not use the ATS in any manner or for any purpose other
than as expressly permitted by this Agreement.

9 Confidentiality and Publicity

9.1 Each party shall treat in strictest confidence the contents and execution of this Agreement and all information disclosed by the other party, including but not limited to Candidate personal data and cost or pricing information (the “Confidential Information”).

9.2 The Company may refer to the Agreement or to the fact that the Client is the Company’s Client with the prior consent of the Client which shall not be unreasonably withheld.

10 Data Protection

10.1 Each party shall comply at all times with all applicable data protection laws for the purposes of performing its obligations and exercising its rights under this Agreement and shall not cause the other party to breach any of its legal obligations.

10.2 The Client acknowledges that Applications are submitted under the express or implied terms offered by job board providers or other third parties and that processing of personal data will be subject to such terms.

10.3 The Client shall indemnify and keep indemnified the Company against any losses incurred by the Company arising out of any non-compliance with applicable data protection laws, and/or as a result of any breach of this Agreement by the Client.

11 Termination

The Company shall be entitled, forthwith on written notice to the Client to terminate this Agreement if any sum owing to the Company from the Client shall be unpaid 30 days after the due date for payment or if the Client commits any material breach of this Agreement which is not remedied by the Client within 7 days of notice by the Company to the Client of such material breach;

12 Force Majeure

The Company will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

13 General

13.1 The Client shall not assign or sub-contract its obligations or rights under the Agreement to any third party without the prior written consent of the Company. The Company shall be entitled to assign or sub-contract its obligations or rights under the Agreement to a competent third party.

13.2 This Agreement shall be governed by and construed in all respects in accordance with the law of Scotland and, save as otherwise may be elected by the Company, are governed by the exclusive jurisdiction of the Scottish courts.

Make Your Choice

Depending on your hiring needs, we offer both a one-off flat fee (Silver, Gold or Platinum packages), or our monthly subscription is ideal for businesses which hire frequently.

Learn from our clients

Reviews

Another great experience with your software! I’ve recently been involved in recruiting a key business development role and through eTalent the well written advertising attracted a pool of 142 candidates. Normally sifting a pool ethis size would take hours of wading through CVs and trying to guess who to interview. With eTalent the process was reduced to a matter of minutes to create a shortlist of 9 possibles, arrange to interview them, and come to a clear decision. All with a minimum of effort and an excellent result – thank you! A client has also been recruiting apprentices in one of the trades. Again, the advertising produced 56 applicants, 30 of whom were qualified, and some good candidates to interview. So, whenever anyone tells me that you can’t find candidates in their area of work, my question is simple – have you tried eTalent? Having used a wide range of recruiting tools and interviewed hundreds of candidates over my career in a wide variety of roles I have yet to come across any other system that comes close to eTalent in easily supporting high confidence recruitment. Thank you!

I've worked really hard to get the right team in place and create a positive environment and culture for the team to work and develop, but this can make it more difficult to recruit as you become quite protective of the existing team dynamics. As much as we require our staff to have the appropriate experience and qualifications, I think attitude and personality are extremely important factors, everything else can be taught.

eTalent allows me to gain insight into a person's attributes and personality based on key factors selected by me which are relevant to a particular role. I can easily decide whether it is worth our time interviewing someone based on information you just can't get by reading a CV. I don't have to spend time scrolling through countless CVs which are all pretty much the same – I can see at a glance who has the right experience and attributes to be a good potential fit for our team, and then I also get tailored interview questions to help find out even more about the candidate.

Using eTalent's Recruitment Software has halved the amount of time we take to process and read CV's. We now only need to look at CVs where people have the right profile for the job – this means that we are using our time much more effectively and are interviewing better people for the posts available. The system is extremely easy to use, both from an applicant's point of view and also an employer's perspective. I would not hesitate to recommend this system to anyone running a business – large or small.

One of our partners recommended eTalent to us, so we decided to try the system in our recruitment process. We were surprised how quickly and easily eTalent ranked our candidates in order of suitability and we selected the seven top candidates for interview. The system is very easy to use and we also received great feedback from our candidates which is very important to us because they are all our potential customers.

Before we started using eTalent, we used to recruit ‘nice’ people. Now, we employ ‘competent’ people – but they are nice as well! Going around visiting our stores, it has become very clear to me that since we started using eTalent, the quality of the new people we are now recruiting is far better than before.

The short-listing of candidates was excellent. We used to interview 3 times as many people to find one suitable person; now the hard choice is which of the short-listed candidates do we NOT offer a position to!

The eTalent system proved to be seamless and very intuitive to use, and was excellent at showing which candidates would potentially be the best, and as it turned out, it was right. The whole process has been a resounding success. Our client is very happy with the system, which means we are too. I found it a real pleasure to use. We would have no hesitation in using eTalent’s services again as they are now proven.

I found the eTalent recruitment portal to be a very useful means of assessing the respective merits of applicants against predetermined criteria, enabling us to identify those appearing to be most realistic. The site also generated useful reports to aid in the initial process of selecting candidates for interview. The service was very cost-effective and I would be happy to use it for future recruitment assignments and to recommend it to others.