Terms & Conditions
Please read these conditions carefully before using the Rockstaff website. By using the Rockstaff website, you signify your agreement to be bound by these conditions:
Each time you access or use our Website (www.rockstaff.com) and/or our mobile device application (collectively the "Website"), you are deemed to accept these terms and conditions. "we" means Rockstaff Limited, and "our" shall be construed accordingly. "you" means the person, firm, company, or organisation browsing and/or using the Website, and "your" shall be construed accordingly. “client” means any business entity, or academic institution, who agrees to acquire recruitment related services from Rockstaff, in pursuance of a suitable candidate for their own vacancy.
INTERRUPTIONS AND OMISSIONS IN SERVICE
Every effort is made to keep the website up and running smoothly. However, Rockstaff takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. We may vary the specification of this site from time to time without notice.
LINKS TO OTHER SITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
INFORMATION ON THIS SITE
Whilst we make every effort to ensure that the information on our Website is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on our Website or any liability in respect of information on the Website supplied by you, any other website user or any other person. Any reliance you place on such information is therefore strictly at your own risk.
YOUR USE OF THIS SITE
You may only use the Website for lawful purposes when seeking employment or qualifications, or when recruiting staff. You shall not reproduce, display, distribute or otherwise use any of the contents of the Web Site for any public or commercial purposes and shall not use the contents of the Web Site in any other networked computer environment for any other purpose. You shall not access any data not intended for the Customer or otherwise attempt to interfere with the Services provided to other users. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website. You are solely responsible for any information submitted by you to the Website. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website. We reserve the right to remove any information supplied by you from the Website at our sole discretion, at any time and for any reason without being required to give any explanation.
INFORMATION SUBMITTED BY YOU
TERMS OF BUSINESS
‘Vacancy Advertising’ and ‘Resume Search’: All recruitment related services that are supplied by the Website are subject to separate terms and conditions. Information about our terms and conditions for recruitment services can be found below, contained within the tab titled ‘Recruitment Services’. By using the Website’s recruitment services, you are deemed to accept the associated terms and conditions. Talent Acquisition: Each employment assignment or placement arising as a result of an introduction made by Rockstaff will be subject to our standard Terms of Business as they are applicable in the circumstances. All prospective employers and clients for whom we arrange assignments or placements will be provided with a copy of the Terms of Business applicable to them at or following registration.
You acknowledge that all copyright, trademarks and other intellectual property rights in or arising from any material contained in the Web Site shall remain the exclusive property of Rockstaff. You may copy material on the Website for your own private or domestic purposes, but no copying for any commercial or business use is permitted.
SECURITY AND PASSWORDS
In order to register with the Website and to sign in when you visit the Website, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
Clients agree to the payment structure agreed with their account manager, and agree to be charged in accordance with it. All prices are in pounds sterling, and may be subject to foreign exchange fees during transactions. Clients agree that payments will be made by Stripe, PayPal or bank transfer (following from receipt of an official invoice). Clients acknowledge and agree that in the event of failure by you, or the person with whom responsibility lies for payment of such transactions, that we may terminate your account and cancel this agreement immediately. We may also pursue payment in a court of law.
We may terminate your registration and/or deny you access to the Website or any part of it (including any services, goods or information available on or through the Website) at any time in our absolute discretion and without any explanation or notification.
Refunds are not provided for our website related services (Vacancy Advertising and Resume Search).
We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to the Website and your use of it to the maximum extent permitted by law. You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.
CHOICE OF LAW AND JURISDICTION
These Conditions shall be governed by and construed in accordance with the laws of England. In the event of any dispute, the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts. Some of the goods or services offered through the Website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using the Website which you would not have suffered had you been accessing the Website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
MODERN SLAVERY ACT STATEMENT
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
CHANGES TO TERMS AND CONDITIONS AND INVALIDITY
These terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use the Website following any amendment. If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Vacancies And CV Search
- The following definitions apply:
- "Candidate" means the individual, partnership, corporate entity or any other person in pursuance of employment through the Rockstaff website in accordance with these Conditions;
- "Conditions" means the terms and conditions set out below;
- "Client" means any business entity or institution who agrees to acquire recruitment services from Rockstaff, in pursuance of suitable candidates for their own vacancy.
- "Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
- "Pricing Model(s)" means the pricing models offered by Rockstaff as set out in clause 3.
- "Rockstaff" or "us" or "we" refers to the owner of the website whose registered office is Rockstaff Limited, Curzon House, 2nd Floor, 24 High Street, Banstead, Surrey, England, SM7 2LJ. Our company registration number is 10470306.
- "Services" means the services provided by Rockstaff to the Client, details of which are set out in clause 2;
- "the Web Site" means the web site www.rockstaff.co.uk.
- "You" refers to the user or viewer of our website.
- Standard Vacancy Postings: A service whereby the Client's vacancy postings will appear in a searchable listing on our website.
- Featured Vacancy Postings: A service whereby the Client's vacancy postings will be given greater prominence in the searchable vacancy listings and feature on our homepage.
- Priority Vacancy Postings: A service whereby the Client's vacancy postings will be given maximum prominence in the searchable vacancy listings and feature both their vacancy and recruiter profile (as a logo) on our homepage.
- Resume Search: The Client will be given access to a search engine to search for candidate resumes which match the criteria and filtering set by the Client. Various bundles of resume unlocks may be purchased, which will unlock the contact details of the candidate and allow the Client to reach out to them.
- Branding Opportunities: various opportunities to promote Client brands are available, including Recruiter Profile, where Rockstaff will post a profile of the Client's company or organisation on the Website for an agreed time.
- Talent Acquisition: A service whereby Rockstaff supplies the Client with a shortlist of candidates generated from a range of activities, including email promotion, applicant management and filtering; in addition to managing the recruitment process for the client. These services are subject to a separate Terms of Business agreement which will be set prior to commencement.
- The following Pricing Models are available in relation to Services offered:
- Ads by Volume: (i) the Client will buy the agreed number of vacancy 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 vacancy postings must be posted within 12 months of date of purchase (unless otherwise set out in the Order Confirmation).
- Resumes by Volume: (i) the Client will buy the agreed number of resume unlocks as set out in the Order Confirmation; (ii) the Client will pay upfront for the resume unlocks; (iii) the Client is entitled to unlock resumes at any time within the contract period set out in the Order Confirmation.
- Ads on Demand: (i) no minimum commitment is required from the Client, (ii) an unlimited number of vacancies may be posted at any one time (iii) the Client will be charged for every vacancy posted in accordance with the pricing matrix set out in the Order Confirmation.
- Resumes on Demand: (i) no minimum commitment is required from the Client, (ii) the Client is entitled to unlock an unlimited number of resumes (iii) the Client will be charged for the number of resume unlocks in accordance with the pricing matrix set out in the Order Confirmation.
- Memberships: (i) membership packages last for a duration of 365 days and all free vacancy postings and resume unlocks must be used within this period, (ii) we will not automatically renew these packages.
- Rockstaff shall provide the Services in accordance with these Terms. Clients must set up an account with Rockstaff in order to gain access to the Services. The Services do not constitute an offer by Rockstaff, and Rockstaff 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 Rockstaff 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 Rockstaff sales team, Rockstaff has received the Client's completed Order Confirmation.
- Rockstaff 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 agrees not to submit for inclusion in any vacancy posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Rockstaff or Rockstaff's reputation.
- Other than for Services paid for online or by phone using credit or debit cards (where Rockstaff will provide payment confirmation after payment has been taken), Rockstaff 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 Rockstaff's invoices in full within 14 days from the date of invoice. In the event of late payment, Rockstaff 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), Rockstaff 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, Rockstaff reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
- Online payment services will be carried out by Stripe and Paypal. Online card payments shall be subject to Stripe's terms and conditions and online payments via Paypal shall be subject to Paypal's terms and conditions.
- Once a contract has been formed, Rockstaff cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:
- For the avoidance of doubt, Standard, Featured and Priority Vacancy Posting credits, and Resume Search credits do not roll over beyond the contract end date. Any Vacancy Postings that are live on the Website will remain live until their expiry date, but no new Vacancy Postings can be made using the credits from the relevant contract.
- For Services purchased online, refunds may occasionally be given at Rockstaff's sole and absolute discretion.
- Rockstaff 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.
- Rockstaff 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, Rockstaff 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 Rockstaff has reasonable grounds to believe that the Client cannot or will not pay its debts.
- Rockstaff 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;
- Rockstaff 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 system opportunity) in any part of the vacancy or on any part of the site;
- the Client defaults on payment;
- the Client resells vacancy postings without the express permission of Rockstaff; and/or
- the Client has shared its Resume 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 vacancies of reasonable quality, which provide both adequate and accurate vacancy 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 Rockstaff 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.
- Rockstaff 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.
- Rockstaff shall not be in breach of these Terms if events beyond its reasonable control prevent Rockstaff 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 Rockstaff and the Client. The Client acknowledges that it has not relied on any representation made by Rockstaff 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 Rockstaff for whatever reason, Rockstaff's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Rockstaff 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 Rockstaff’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 Rockstaff 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 Rockstaff will contact Clients in order to evaluate the service they receive and also to promote Rockstaff's services and products. Rockstaff monitors the quality of vacancies from time to time in order to provide a better service to candidates.
- 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.
- The Client shall not resell any Services without the express written permission of Rockstaff. Rockstaff 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 Rockstaff to post such vacancy and send it as a vacancy alert to candidates ranked by Rockstaff in accordance with the Candidate's search criteria.
- The Client is responsible for the content of the vacancy and will indemnify Rockstaff against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
- The Client shall include in the vacancy 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 vacancy 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
- Where 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 location, the intervals of payment and benefits, and the notice periods required to be given and received.
- Applicants' responses will be forwarded by Rockstaff by e-mail. The Client is responsible for verifying the information contained in applicants' responses and Rockstaff 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 vacancy posting are the responsibility of the Client, and Rockstaff accepts no liability whatsoever therewith. The Client will indemnify Rockstaff against any Losses in connection therewith.
- The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 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: https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice The Client shall indemnify Rockstaff 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 Rockstaff's site, communications with applicants and management of applicants' details. The Client shall indemnify Rockstaff 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
- The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Rockstaff 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.
- Rockstaff 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 Rockstaff 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
- Free vacancy postings offered to clients are at the discretion of Rockstaff. Breach by the Client of any of these Terms may result in the Services being withdrawn from the Client. In the event that the Client has any outstanding debt owing to Rockstaff, the Services shall be withdrawn.
- Resume search access can only be used for recruitment purposes. Using Resume 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 45 will result in suspension of the Client's account.
- The Client shall not share its access to Resume Search with any third party.