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Active Recruitment – Terms of Business

The Active Recruitment service is a flat-fee hiring service that intends to fill vacancies for employers by offering a highly targeted campaign to an increased audience of professionals across the media channels of the Spurkle Group, such as the ProductionHive, MediaMatch US and Music Jobs UK and USA. The Active Recruitment service is available according to the conditions and requirements set forth below:

Definitions:
In these terms of business “The Spurkle Group” represents Spurkle Limited whose registered office is at 3rd Floor Paternoster House, 65 St Paul’s Churchyard, London, EC4M 8AB and it’s technology partners such as “Recsite Limited”. The “Customer” is any company, partnership, association, firm, public authority or individual who requests recruitment services from The Spurkle Group or whom an applicant is introduced.

The following definitions also apply:

“Applicant” refers to any person introduced by The Spurkle Group to the customer.
“Recruit” refers to an applicant who is subsequently engaged by the Customer either as an employee or under a Contract of Service or as an agent.

  1. The Customer is deemed to have accepted these terms of business once it has signed this document and/or paid the Active Recruitment booking fee as described in Clause 8.

Customer’s Responsibilities

  1. The Customer agrees to inform The Spurkle Group in writing of the engagement of an Applicant immediately upon such engagement and shall pay the Fee (as calculated in accordance with Clause 8 of the terms and conditions).
  2. Introductions of Applicants by The Spurkle Group are confidential. If within six months of the introduction the Customer or one of its employees introduces an Applicant to any third party who subsequently engages the Applicant the Customer will pay the Fee (as calculated in accordance with Clause 8 of these terms and conditions).
  3. The Customer shall be responsible for any expenses incurred by Applicants or by The Spurkle Group during the interview process whether or not an Applicant is engaged.
  4. The Customer shall be responsible for:

(i) Taking up all necessary references and confirming any professional and academic qualifications of the Applicant prior to them commencing work and for obtaining work permits and satisfying any medical requirements.

(ii) Verifying the skills, qualifications, experience, integrity, references and suitability of the applicant prior to them commencing work.

(iii) Verifying the accuracy and completeness of the information referred to at (ii) hereof.

  1. The Spurkle Group shall bear no responsibility for any loss, damage, expense, delay, loss of profits or liability suffered or incurred by the Customer by any reason of the lack of skills, qualifications, experience, integrity or suitability of the Applicant or by reason of the inaccuracy or incompleteness of the information referred to at Clause 5 (ii) hereof or any references of the Applicant or by reason of the selection of the Applicant by The Spurkle Group.
  2. The Customer shall be responsible for the cost of psychometric assessment services where applicable.

Fees:

  1. A booking fee of £500 +VAT is payable to launch an Active Recruitment Campaign on the Customer’s job board of choice, e.g. The ProductionHive. This payment is required to commence the campaign and should be paid by card via secure payment link or Bank transfer. Payment may be to Spurkle Ltd or to Recsite Ltd depending on job board and account management team. This fee is non-refundable however if the Customer fails to engage an Applicant as a result of the campaign a £500 credit will be provided toward contingent recruitment services provided by a recommended recruitment agency partner such as The Fix Creative Ltd.

Once booking fee has been paid the Customer will be able to post a job description with filtering questions on their job board of choice. The Active Recruitment team will provide support where required and may act pro-actively to re-word the job advert introduction to maximise conversions. The Customer will have access to a helpdesk and an account manager at this stage.

A second and final fee is payable to The Spurkle Group upon engagement of an Applicant and (the “Fee”) is £500 + VAT. The Fee will be invoiced on the day the Recruit commences for the Customer and payment will be made to Spurkle Limited.

Payment:

  1. The Spurkle Group shall invoice the Customer for all charges mentioned in these terms and conditions as soon as the associated costs have been charged to The Spurkle Group.
  2. All Fees and charges are subject to Value Added Tax and other applicable Government taxes.
  3. The Customer agrees to pay all invoices from The Spurkle Group within 14 days of the due date shown on the invoice.
  4. In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of our invoice. Failure to make payment within 28 days of the due date may result in the matter being referred to a debt collection agent whose charges will be added to and payable with the invoice debt.
  5. The Spurkle Group shall make all enquiries as are reasonably practicable for the purpose of ascertaining that the Applicant has such qualifications as persons doing work as described in the booking details supplied by the Customer are required by law to have and that the doing of such work by the Applicant would not be in contravention of any requirement or prohibition imposed by law.
  6. The Spurkle Group gives no warranties as to the Applicants skill, qualifications, experience, general integrity, references or suitability or as to the accuracy or completeness of any information about the Applicant or his skills, qualifications, experience, integrity, references or suitability whether the information is supplied by The Spurkle Group or direct by the Applicant.
  7. The Customer shall indemnify The Spurkle Group against all claims, demands, proceedings and liabilities of whatever nature brought by a third party against The Spurkle Group which arise out of or are connected with or have been caused in any manner whatsoever by any information supplied by The Spurkle Group as to the skills, qualifications, experience, integrity or suitability of the Applicant or otherwise howsoever arising out of the performance or purported performance of the contract by The Spurkle Group whether or not such information be given negligently by the Company, its servants or agents.

Non Solicitation:

  1. The Spurkle Group agrees not to approach or induce with offers of employment , directly or indirectly, any of the Customers staff it comes into direct contact with in performing its duties under these terms and conditions without the prior written agreement of the Customer.
  2. The Spurkle Group will not disclose or pass any information concerning the business of the Customer or utilise, other than in connection with the affairs of the Customer for the purpose of these terms and conditions, information on trade or professional secrets of the Customer and The Spurkle Group shall procure that its personnel and other employees shall observe these conditions.

Law:

  1. The construction and validity and performance of these terms and conditions shall be governed in all respects by the laws of Scotland and the parties hereto submit to the jurisdiction of the Scottish Courts.

Variations:

  1. These terms and conditions of business cannot be varied without the written consent of both the Customer and The Spurkle Group.

Credit Card Payments:
We do not store credit card details nor do we share customer details with any 3rd parties.

Signed:

Name:

Company:

Date: