Employer Register Graduate Register

GRADUATE LAUNCH - TERMS AND CONDITIONS FOR COMPANIES

Last updated September 2021

Introduction

These are the terms and conditions of Hudson & Flowerdew Ltd, a company registered in England and Wales with company registration number 08683882 whose registered office is at Unit C, Regent House 9 Crown Square, Poundbury, Dorchester, England, DT1 3DY (“we” or “us”). 

We own and operate Graduate Launch an exciting website recruitment platform that connects companies to candidates, available at http://graduate-launch.com/ (our “Platform”).

By registering for an account on our Platform or by visiting our Platform, you are deemed to accept these and conditions, and a legally binding contract is formed between you and us. If you do not accept these terms and conditions, please do not register for an account or visit our Platform.

We may amend these terms and conditions from time to time, and such amendments shall apply to your use of our Platform. When any such amendments are made, you will be prompted to accept the new terms and conditions within our Platform.

Our services and payment terms

Our Platform is an intelligent job board whereby candidates sign up to our Platform, upload their CV and any other relevant information. You will be able to post job adverts on our Platform, setting out your specific requirements and you will be matched to suitable candidates that meet your requirements. No job advert shall go ‘live’ on the Platform until we have approved it. The candidate is able to apply for the job you post, and you will be sent their CV and contact information so that you can liaise with each other directly without any involvement from us. 

Our Platform offers two services:

  1. “Agency Model”

Our Agency Model is an ad-hoc service whereby you pay us for each successful hire of a candidate that has applied for a job that you post on our Platform. 

For each individual hire of a candidate who has posted on our Platform, you will pay us a one-off fee of £995. Until this time, you may use the Platform free of charge.

You will be invoiced on that candidate’s employment start date, and such invoice is payable by you within 7 days of receipt. In the event that our invoice is not paid on the due date, we reserve the right to suspend your access to our Platform and to charge interest at a rate of 4% above the Bank of England base rate, commencing on the due date and continuing until fully paid, whether before or after judgment.

  1. “Subscription Model”

Our Subscription Model enables you to subscribe to our Platform on a 3 monthly, 6 monthly or annual basis.

During your subscription, unlike our Agency Model, you can make unlimited hires without incurring an individual fee for each one. You can also post as many jobs as you would like, subject to our fair usage policy within these terms and conditions.

Our fees for the Subscription Model are as follows:

  • 3 months subscription – £950 per month (total £2,850)
  • 6 months subscription – £745 per month (total £4,470)
  • Annual subscription -  £525 per month (total £6,300)

You will be required to pay at the start of each month for the duration of your subscription. At the end of your subscription, your subscription will automatically renew, unless you have notified us with at least 30 days’ notice of your intention to terminate your subscription.

You may cancel your subscription at any time, however the cancellation will take effect from the end of your subscription period (which may be three, six or nine months, as detailed above).

We reserve the right to terminate your subscription, without any liability to you, should you breach our terms and conditions.

Refunds

Under the “Agency Model”, if, for any reason, (other than redundancy, constructive or unlawful dismissal), the candidate you have hired through our platform leaves your employment within the first 30 days of commencement of employment, a refund equal to 100% of the fees paid or payable to Graduate Launch (net of applicable sales tax) shall be made. If they leave from day 31 to 60 of their employment a refund of 50% shall be made, and from day 61 to 90 a refund of 25% shall be made.

A refund will not be paid unless you have notified Graduate Launch in writing within 7 days of said departure and you have paid the Fees in full within 30 days of the relevant invoice.

Your Obligations

Community guidelines

Our Platform allows you to post jobs and it is essential that all posts meets our community guidelines:

  • You should seek to use commonly known job titles to describe the role you are posting;
  • You should avoid any language that could be seen as direct or indirect discrimination, such as by directing your post towards a certain gender, race, age or ability, and you should not seek to exclude candidates because of gender, race, age, disability or any such protected group;
  • You should not post any content that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or objectionable;
  • You should not post any solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication; and
  • You should not make any misrepresentations in your post.

We reserve the right to remove any posts that we deem are in breach of our community guidelines and to suspend your access to our Platform for repeat breaches. We can accept no liability to you or any candidate on your behalf for any post that is in breach of these community guidelines or any loss or damage you suffer as a result of your post being removed or deleted.

Fair usage

You are bound by our fair usage policy. To comply with this policy, you should not:

  • post an unreasonable number of jobs*
  • frequently repost the same jobs 
  • post adverts for non-existent vacancies 
  • post multiple adverts for the same role

* This applies to the Subscription Model only 

We reserve the right to remove any posts that we deem is in breach of our fair usage policy and to suspend your access to our Platform for repeat breaches. We can accept no liability to you or any candidate on your behalf for your breach of this fair usage policy or any loss or damage you suffer as a result of any of your posts being removed or deleted.

Non-Circumvention

The success of our Platform is dependent on our ability to match companies with candidates and for this reason, we require those on our Agency Model to adhere to our non-circumvention policy. This means that if you find a suitable candidate on our Platform and you employ them within 12 months of their match to you on our Platform, you agree that you will notify us of their intended employment and we will invoice you for our fee of £995. We reserve the right to access your records to confirm that you have complied with this non-circumvention policy, upon reasonable notice.

Use of our Platform

The information contained on our Platform is not directed to, nor intended for, distribution or use by any person or entity in any jurisdiction where the publication or availability of our Platform, or such distribution or use, would be contrary to local laws or regulation. You should not access our Platform/information on our Platform if you know that the access would contravene applicable, local, national or international laws.

You have permission for temporary use of our Platform, but we can withdraw or change our Platform at any time without telling you and without being legally responsible to you. You are only eligible to use our Platform if you are at least 18 years of age, or have capacity to form a binding contract, and if you are not a user barred from accessing our Platform under applicable law. Your use of our Platform must not violate any applicable law or regulation. 

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If you allow anyone else to use our Platform, you must make sure that they read these terms and conditions first, and that they follow them.

Only use our Platform as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update our Platform and make changes to it, but we don't have to do this, and material on our Platform may be out-of-date. No material on our Platform is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on our Platform by anyone. We are not liable for any technical errors, maintenance, work, damage, wrongful use, unauthorised access to our Platform, or any content you upload to our Platform.

You are responsible for configuring the computer or device used to access our Platform, and the software to access the material and content on our Platform, including downloadable files. We do not warrant that the way in which we deliver data to you is compatible with your software. We do our best to protect our Platform, but are not responsible for bugs, viruses etc., and are not liable for damage or loss caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Platform, downloading any content from it or using any website linked to it. 

We do not warrant that your use of our Platform will be uninterrupted or error-free. We are not responsible for any loss or damage suffered as a result of any interruptions or errors, and you acknowledge that our Platform may be subject to limitations, delays or other issues.

We do our best to provide the most accurate information possible. However, we cannot ensure that our Platform is completely error free, or that it will not become outdated. Therefore, we do not provide any warranty or other assurances as to the completeness, accuracy, timeliness or fitness for particular purposes of any of the content or materials contained within our Platform. 

We are also not liable for any third party content on our Platform, and do not endorse what this content may contain.

These terms and conditions remain effective so long as you use our Platform.

We follow our privacy policy in handling information about you. By using our Platform, you agree to us handling this information and confirm that data you provide is accurate. 

Intellectual Rights and Copyright

We are the owner or licensee of all intellectual property rights in our Platform (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on our Platform for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You must not change, copy, reproduce or translate anything on the site without our consent. You are not permitted to license, sell, rent, lease, transfer, assign, distribute, exploit or otherwise make any documents or online resources from the site available to any third party.

If you breach these terms, you lose your right to use our Platform, and must destroy or return any copies you have made.

Our legal responsibility to you

As far as legally possible, we exclude legal responsibility for loss of income, profit, business, opportunity, data, contracts, goodwill or savings, or any other indirect, consequential or special loss. Our liability under these terms is limited to the value of the subscription you have paid in the previous year, or £995 (if you are using our Platform via the Agency Model).

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

Any duty of care we owe to you is owed only to you, and not to any third parties.

We are not recruitment or employment advisers, and do not hold ourselves out as such. 

We have no control over the candidates that apply for a job that you post on our Platform and your decision to employ them is at your absolute discretion. We accept no liability for any action you do or do not take in response to an application and we can accept no liability should that candidate later be found by you to be unsuitable for the role for which you employ them. 

Uploading to our Platform

Material that you upload to our Platform will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We won't be legally responsible to anybody for the accuracy of material that you upload to our Platform, and we can remove it at any time.

Computer offences

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use our Platform will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to our Platform or server or any connected database or make any 'attack' on our Platform. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Platform.

Links from our Platform

Links from our Platform to other websites are for information only. We don't control them and don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.

Data Protection

Our authority for data protection is the UK Information Commissioner’s Office: https://ico.org.uk 

We have implemented, and maintain, safeguards to ensure the protection and security of the information that is uploaded to our Platform. We comply with applicable data protection legislation, including the UK Data Protection Act 2018. For more information on how we process and stores personal data, please see our privacy policy, which can be found here.

General

We may remove your rights of access to our Platform at any time should you be breach these terms and conditions, without any further liability to you. 

If any part of these terms and conditions is or becomes invalid, illegal or unenforceable, it is deemed to be deleted, and the rest of these terms and conditions shall remain in full force and effect.

No third parties are provided with any rights under these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 does not apply.

Either party may give notice to the other party by sending an email to the last email address notified to the other party. Time of delivery is deemed to be the time of transmission. This shall not apply to the delivery of legal proceedings.

These terms and conditions, and any non-contractual obligations arising hereunder, shall be governed and construed in accordance with the laws of England and Wales, and the English courts shall have exclusive jurisdiction to deal with any dispute arising hereunder.