Additional Terms – Recruitment Services for Educational Institutions
Last updated: September 2016
The Recruitment Services are provided to enable Users to recruit staff for their Institution and manage any related advertisements and applications in an efficient manner.
This introduction describes the terms and conditions that apply to your use of the Recruitment Services.
These Additional Terms govern the use of the TES school portal platform (the "Portal") (or its predecessor HireWire), the Portal’s recruitment toolkit (the “Toolkit”) and/or any other online recruitment service provided by TES (each a “Recruitment Service") by any Institution (as that term is defined in the General Terms) and should be read in conjunction with our General Terms found here: www.tes.com/content/terms-and-conditions. The Portal, Toolkit and each Recruitment Service will collectively be referred to in these Additional Terms as the "Recruitment Services".
Please read both these Additional Terms and the General Terms carefully before using any part of the Recruitment Services. By using the Recruitment Services, you confirm that you accept the General Terms and these Additional Terms and that you agree to comply with them. You will (and you will also procure that all Users will) comply with these Additional Terms (as amended from time to time). Capitalised terms used but not otherwise defined in these Additional Terms have the meaning given to them in the General Terms.
These Additional Terms and the General Terms (and any additional agreements referred to or contemplated in each of the foregoing) represent the entire agreement between us and you. In the event of a conflict between the General Terms and the Additional Terms, these Additional Terms shall prevail over the General Terms.
Without prejudice to our powers under the General Terms, you agree that we, at our sole discretion, without notice to you, may terminate or amend the General Terms or these Additional Terms at any time.
Recruitment Services description
This tells you what we will provide you with as part of our Recruitment Services.
You hereby appoint TES to provide the Recruitment Services in accordance with these Additional Terms.
If you are using the Portal and Toolkit as part of the Recruitment Services we will:
- Create and host the Portal for your Institution to access the Recruitment Services
- provide you with a "School Portal Admin Account" that will enable your Institution to create further individual "User Accounts" for each of your nominated staff members and show you how to create further User Accounts for other staff members as and when you need them to access the Portal. All staff with User Accounts are referred to as "Users" in these Additional Terms;
- provide all reasonably necessary training to the Users to enable them to access the Portal and use the Recruitment Services;
- create and host a dedicated job board branded for your Institution (the "Job Board") as part of the Recruitment Services; and
- provide Users with reasonable levels of support and advice in relation to their use of the Portal and the Recruitment Services.
If you are not using the Portal or the Toolkit as part of our Recruitment Services, or wish to advertise a job or use our Recruitment Services by not using the Toolkit, then please contact us on 0207 733 8230 or at firstname.lastname@example.org.
This details certain requirements, expectations and responsibilities in relation to the Portal.
We will need you to give us the information, staff time and assistance that we reasonably require in order to enable us to activate your School Portal Admin Account and the User Accounts you have created, and provide the relevant Recruitment Services via the Portal. You agree to provide us with all necessary assistance that we require.
You will be responsible for the actions of all Users who access the Recruitment Services via your Portal, your User Accounts or otherwise. You will appoint an administrator for your School Portal Admin account, and be responsible for managing any changes to your administrator role.
You will deal fairly and professionally with all applicants who respond to an advertisement you have posted on a Website or the Jobs Board (or otherwise via the Recruitment Services) and shall not do anything which may bring the Website or the Jobs Board and/or us into disrepute.
The platform that we use to make the Recruitment Services available to you is proprietary to us or our licensors. You agree that you will not (i) copy, distribute, sub-license or transfer the platform or make it available to any third party (ii) decompile, reverse engineer or disassemble the platform (iii) create derivative works based on the platform or (iv) use the platform to develop a competitive product offering.
Advertisements placed via the Recruitment Services
This tells you about the additional terms and conditions which will govern your placement of an advertisement via the Recruitment Services (e.g. via the Portal).
All advertisements that you place with us (including advertisements which are placed via the Portal) will be governed by our Advertising Terms and Conditions found here: https://www.tes.com/sites/default/files/tes_global_advertising_terms_and_conditions_may_2016_final.pdf
Please read the relevant clauses of the Advertising Terms and Conditions carefully before placing an advertisement via any of the Recruitment Services. By placing an advertisement via any Recruitment Service you confirm that you accept the Advertising Terms and Conditions and that you agree to comply with them. You will (and will procure that all Users will) comply with these Advertising Terms and Conditions when placing an advertisement with us.
Charges and payment terms
This describes the charges and payment terms that apply to advertising placed as part of the Recruitment Services.
Access to the Portal and the Toolkit is provided free of charge, however, advertising a job on a Website will be subject to payment. If you have a recruitment subscription with us, job advertisements which are included as part of your recruitment subscription will be subject to the pricing terms and conditions agreed between you and us in relation to that subscription.
If you do not have a recruitment subscription with us (or if an advertisement is excluded from your recruitment subscription), job advertisements placed by you will be subject to our price lists (subject to any special subscription terms) which can be found here: https://www.tes.com/recruit and payment will be due within 30 days of the date of invoice (unless otherwise stated). All prices quoted on our price list are subject to change at any time without notice to you.
Restrictions and limitations
This outlines certain restrictions on the way in which you use the Recruitment Services and what liability we accept in relation to the Recruitment Services.
We will provide you with the right to access and use the Recruitment Services solely for the purpose of you managing and processing advertisements and applications for your Institution in the manner permitted on the Websites (or Job Board). You may not use the Recruitment Services (and in particular may not use, print or download recruitment information from a Website) for any other personal or commercial purpose or for the benefit of any third party. You agree that you will use the Recruitment Services in accordance with these Additional Terms and any reasonable rules, guidelines or instructions that we may provide.
We will use reasonable endeavors to ensure the availability of the Portal, the Job Board and the Websites for our Recruitment Services but make no guarantee that use and access will be uninterrupted, virus-free or error-free. Accordingly you acknowledge that the Portal, the Job Board and the Websites for our Recruitment Services may be unavailable for use or inaccessible from time to time. You further acknowledge and accept that the Portal, the Job Board and the Websites for our Recruitment Services are made available on an "as is" basis and that (to the extent we can exclude implied warranties) we give no warranties in relation to the availability or performance of the Portal, the Job Board and the Websites for our Recruitment Services or any other services or facilities we may provide to your Institution from time to time.
We reserve the right to modify and update the features and functionality of the Recruitment Services inclusive of the Websites for our Recruitment Services, the Portal and the Job Board at any time.
Aspects of the Portal may include features or functionality which interact or interoperate with online services provided by third parties (such as Google Maps) which we do not control. You are responsible for ensuring that your use of any such third party services complies with any applicable terms and conditions. You acknowledge that such third parties may modify, suspend or terminate the services they provide at any time and that we will have no liability for any such modification, suspension or termination (or for your use of such services).
We are not obliged to provide you with any access to data you may have held under your User Accounts (or otherwise had access to via the Recruitment Services) following any expiration or termination of our agreement with you. You should make all back-ups of data that you deem necessary (and any such back-ups should comply with these Additional Terms and the General terms).
We do not guarantee any response to any advertisement that you post or that responses to any advertisement will be from applicants suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that applicants are suitable for the job advertised and have the required qualifications and personal characteristics.
Termination or suspension of User Accounts
This explains that we may terminate your User Accounts or limit a User's access to the Portal at any time
Without prejudice to our powers under the General Terms, you agree that we, at our sole discretion, without notice to you, may: (i) terminate any User Accounts (in which case you will remain liable for all amounts due under the User Accounts up to and including the date of termination); and/or (ii) limit any User’s access to the Recruitment Services (or any part thereof), and seek any other lawful remedy available.
This tells you about our refunds policy.
You accept and acknowledge that you will have no right to cancel any advertisement once your order has been placed and no refunds will generally be available from us.
Notwithstanding the foregoing policy, we may grant refunds in exceptional circumstances at our sole discretion. If you wish to discuss an exceptional refund please contact us on our UK helpdesk contact number +44 (0) 3455217111, our US helpdesk number +1 (866) 945 4945 or at email@example.com.
This details certain data protection requirements that apply to both you and us.
You shall delete all personal information obtained through the Recruitment Services upon conclusion of your search for a suitable applicant or in accordance with your obligations under the Data Protection Act 1998 (the “DPA”), unless the applicant has expressly consented to the retention and continued processing of his/her "personal data" (as that term is defined in the DPA).
Both parties agree to comply at all times with the DPA to the extent that they are deemed to be acting as a "data controller" (as that term is defined in the DPA) in the provision, or receipt of, the relevant Recruitment Services. You acknowledge that we may process personal data relating to an applicant and/or a User for our own purposes as a data controller.
Both parties agree that, in the event that it processes personal data (in respect of which the other party is the data controller), during the course of providing or receiving the Recruitment Services, the party performing such processing will be a data processor (as that term is defined in the DPA) on behalf of the data controller and will:
- only carry out such processing to the extent necessary to provide or receive the relevant Recruitment Services;
- only carry out such processing in accordance with the data controller's prior written instructions (including as set out in these Additional Terms); and
- put in place technical and organisational measures against accidental or unlawful destruction or accidental loss, alterations, unauthorised disclosure of, or access to, the personal data that it is processing.
You agree that you will appoint an individual who will be authorised to respond to enquiries concerning your processing of personal data (whether as a data controller or data processor), and will cooperate in good faith with us, the data subjects to whom the personal data relates and the UK Information Commissioner concerning all such enquiries within a reasonable time.
This states that we will own all data that is generated by use of our Websites (but not content that you upload)
We will own all right, title and interest in and to all data collected, received or generated by us in connection with the operation of the Websites for our Recruitment Services and your use thereof (other than data uploaded by Users when making use of the Websites), for example, analytical data relating to your use of the Websites. In the event that such data includes personal data, we undertake to comply with our obligations under the DPA (as defined above).
HireWire Rewards Scheme
This provides a link to the terms and conditions that apply to the HireWire Rewards Scheme which expires for receiving new Points on 31 August 2016, and for redeeming Points on 31 August 2017.
The terms and conditions that apply to our HireWire rewards scheme can be found here: https://www.tes.com/content/additional-terms-rewards-scheme