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Slync Employer Terms

 

The Slync Employer Terms (“Terms”) apply to recruiters and employers who use the Slync platform (“Slync”) to advertise jobs and search for candidates.

 

By registering with Slync you agree to these Terms. Please read them carefully, paying particular attention to clause 9 which sets out the extent of our potential liability.

 

1.          About Slync

1.1.       Slync is an online network which allows employers and recruiters (“you”, “your”) to connect with candidates. Slync is operated by Slync Limited (“we”, “us”, “our”), a limited liability company registered in England. Our company number is 08804737 and our office address is 2 Eastbourne Terrace, London, England, W2 6LG. You can contact us by writing to our office or emailing us at hello@slync.com.

1.2.       These terms should be read in conjunction with our Privacy Policy and Cookies Policy.

 

2.          Pricing and payments

2.1.       You can sign up to Slync free of charge and search candidate profiles (and view limited candidate profile information including photos and videos) and create a profile for your business or organisation.

2.2.       If you would like to post jobs, boost job ads and unlock full candidate profiles you can subscribe (on an annual or monthly basis) for either our Growth or Pro subscription.

2.3.       Subscriptions are billed in advance for an annual or monthly subscription period (“Billing Period”). Payments are processed on our behalf by Braintree (details of which can be found at https://www.braintreepayments.com/en-gb).

2.4.       Once paid, all fees are non-refundable. You can cancel your subscription at any time though, if you cancel part way through a Billing Period, you will not be refunded for any remaining portion of the subscription that has already been paid for. To cancel, go to the ‘Billing Portal’ in the ‘Business Profile’ section of your account (accessible via www.slync.com). You must cancel before the end of the relevant Billing Period, or else your subscription will automatically renew for a further Billing Period.

2.5.       Your subscription has not been cancelled until you receive an email confirming the cancellation. If you have not received an email from us then please let us know by emailing hello@slync.com.

2.6.       You can upgrade your subscription from Growth to Pro at any time (though you have to pay the difference in price for the remainder of the current Billing Period, calculated on a pro-rata basis). If you downgrade a subscription from Pro to Growth part-way through a Billing Period, then your Growth subscription will only commence once the current Billing Period for your Pro subscription expires.

2.7.       Monthly subscriptions will automatically renew for successive one month periods until the subscription is cancelled in accordance with clause 2.4. Unless cancelled in accordance with that clause or renewed for a further year, when annual subscriptions expire they will automatically convert to monthly subscriptions.

2.8.       Pro subscribers only: You can purchase additional unlock bundles in quantities of 5, 10, 15, 20, 25, 30, 40, 50, 60, 70, 80, 90 and 100. Pro subscribers can also purchase job posts and boosts individually.

 

3.          Access to Slync

3.1.       Subject to these Terms, we shall provide the following services (the “Services”) to you:

3.1.1.     access to the Slync platform (which includes any applicable features you have purchased or subscribed to) for the purpose of enabling you to browse and contact candidates; and

3.1.2.     we shall host and maintain the Slync platform, using commercially reasonable endeavours to make Slync available.

3.2.       The Services are limited to those set out in clause 3.1 and you acknowledge that:

3.2.1.     we provide Slync ‘as is’ and do not guarantee it will be error-free, available, uninterrupted, complete, or accessible;

3.2.2.     we do not provide any warrantee or guarantee about the accuracy or completeness of any content on Slync;

3.2.3.     to the extent permitted by law, exclude all terms, conditions, representations, warranties or guarantees not expressly set out in these Terms; and

3.2.4.     we do not guarantee the availability of data stored on Slync and we recommend you make your own backups of information and data which you upload onto the Slync platform.

 

4.          Employment Agencies and Employment Businesses Regulations 2003 (the “Regulations”)

4.1.       For the purposes of the Regulations, we are not an employment agency or employment business and we do not provide work-finding services or introductions to you or to candidates.

4.2.       You shall determine what information you choose to obtain from a candidate in relation to any job and you agree that we do not:

4.2.1.     have the authority to act on your behalf or to legally bind or commit you;

4.2.2.     provide employment, recruitment or human resources services (such as advice, recommendations, executive search services or obtaining references) or take part in the hiring or application process;

4.2.3.     carry out background checks (including Disclosure and Barring Service (“DBS”) checks) or obtain copies of qualifications;

4.2.4.     keep records of applications or candidate documents;

4.2.5.     guarantee that you will find a suitable candidate using Slync or that your job adverts will be successful;

4.2.6.     verify candidate identities or information (such as biographies, qualifications or CVs);

4.2.7.     propose candidates, or decide whether a candidate is suitable or unsuitable for you;

4.2.8.     provide any information about candidates to you (and you acknowledge that any candidate profile information or CV information provided is provided by the candidate); or

4.2.9.     provide candidates with information about you or any job you post (and you acknowledge that you provide this information to the candidate yourself).

4.3.       You agree to carry out appropriate due diligence into candidates before making a job offer (for example by obtaining references, verifying information and interviewing the candidate). Where appropriate (e.g. because the job involves work with vulnerable persons) you should carry out additional checks (including DBS checks and obtaining copies of qualifications and other documents).

 

5.          Your use of Slync

5.1.       You shall:

5.1.1.     only use Slync for the purpose of helping identify and connect candidates in connection with genuine employment opportunities within your organisation or group, or else to provide recruitment services on behalf of a third party in accordance with clause 5.3;

5.1.2.     make sure jobs you advertise are clear, comprehensive and not misleading;

5.1.3.     provide the following information to candidates in connection with any job applied for via Slync;

(a)    your identity and the nature of your business;

(b)    the date on which you require a candidate to commence work and the duration, or likely duration, of the work;

(c)    the position you seek to fill, including the type of work the candidate would be required to do, the location and hours of the job, and details of any risks to health or safety known to you and what steps you have taken to prevent or control such risks;

(d)    the experience, training, qualifications and any authorisation you consider necessary, or which are required by law, or by any professional body, for a candidate in connection with the job;

(e)    any expenses payable by or to the candidate in connection with application; and

(f)     details of the remuneration and notice period;

5.1.4.     make sure jobs you advertise comply with all applicable laws and regulations;

5.1.5.     be solely responsible for carrying out your own due diligence, verification and for obtaining references in relation to individuals you connect with or identify through Slync;

5.1.6.     inform the candidate without undue delay if he or she is unsuitable for a job;

5.1.7.     not solicit candidates for jobs normally occupied by another person who is taking part in an industrial dispute or strike; and

5.1.8.     warrant and represent that each time you use Slync that such use shall comply with all applicable laws relating to employment (including laws prohibiting discrimination) and these Terms.

5.2.       You warrant that you shall not use Slync:

5.2.1.     for improper or unlawful purposes, or in a manner which is inappropriate or unprofessional;

5.2.2.     to harass, stalk, make romantic advances or intimidate any person;

5.2.3.     to harvest, scrape, or sell data;

5.2.4.     to promote multi-level-marketing schemes, pyramid schemes, memberships, distributorships, franchises, business opportunities requiring payment or commission by the candidate;

5.2.5.     to distribute viruses, malware or any other harmful material or content; or

5.2.6.     in a way which might harm us or our reputation, or damage Slync or any person who uses it.

5.3.       If you are using Slync on behalf of a third party (for example, as a recruiter acting for an employer), you warrant you have the necessary authority, licences, registrations and permissions to use Slync lawfully for that purpose.

 

6.          Content you store, create or upload using Slync

6.1.       Content you store, upload, create or transmit (“Employer Content”) must comply with these Terms.

6.2.       You acknowledge and agree that Slync is not the author or creator of any content (including Employer Content and third party content) uploaded by candidates or by any employers or recruiters. If you suspect that any content on Slync is unlawful, invalid or may infringe someone else’s rights (including intellectual property rights), is offensive or otherwise inappropriate you must let us know as soon as possible by emailing: hello@slync.com.

6.3.       We shall investigate reports made under clause 6.2 and take action, where appropriate. Provided such content is investigated and taken down if appropriate, we shall have no other liability or responsibility in respect of it.

6.4.       If any Employer Content is alleged to breach these Terms, we shall try to contact you and give you an opportunity to respond. However, we reserve the right to remove any Employer Content without notice and our decision shall be final as to whether any content is permitted on Slync.

6.5.       Employer Content is stored until you delete your account (unless otherwise specified in these Terms). If you cancel your subscription and delete your account then the information on it will be deleted. Alternatively, you may deactivate your account and your information will remain on file until you choose to delete it. Please note that some information will remain on Slync after your account has been deleted (for example, information you have shared with others such as correspondence).

6.6.       CVs and application notes are only stored for 6 months from date of their receipt or creation (respectively). If you wish to retain these for longer you should download this information and make your own copies.

6.7.       You agree not to store commercially sensitive or confidential information on Slync and acknowledge that we do not guarantee the availability of information stored on Slync and that you shall back-up important information regularly.

6.8.       There are situations where Employer Content (including notes about candidates and communications sent or received via Slync) may have to be disclosed without your consent (for example, in response to a court order or other legal requirement including a data subject access request, or a transfer of our business to a third party), and by using Slync you agree to this.

 

7.          Data Protection

7.1.       For the purposes of applicable data protection laws (including the General Data Protection Regulation 2016/679 (“GDPR”) and Data Protection Act 2018) (“Data Protection Laws”) we are a controller in respect of some of our processing activities and a processor in respect of others. For further details of how and why we collect and use personal data, please visit our Privacy Policy.

7.2.       When we host and make the Slync platform available to candidates, we are a data controller in respect of the personal data we process (and we have provided relevant individuals with an appropriate privacy notice in respect of these activities).

7.3.       When you use Slync you will become a separate and distinct controller of the candidate personal data you interact with. This includes profile information made available to you via Slync, CV information and any additional information you create or store on Slync (including notes you make about candidates). Accordingly, you agree:

7.3.1.     that where you are a controller, we shall be acting as a processor and shall process personal data on your behalf and in accordance with your instructions (except to the extent otherwise required by law);

7.3.2.     that personal data we process on your behalf shall relate to candidates (for example profile information and CV information, as set out in the Privacy Policy) and may also relate to your employees. We shall comply with the requirements set out in Articles 28(3) of the GDPR and (on request) shall provide you with a data processing agreement that meets the requirements of Data Protection Laws; and

7.3.3.     to provide candidates with a privacy notice in accordance with Data Protection Laws, whenever you act as controller in respect of personal data relating to candidates.

7.4.       You shall (at your own expense) provide such reasonable cooperation and assistance as we require in order to facilitate the exercise by data subjects of their rights under Data Protection Laws (including, but not limited to, in respect of the right of access and the right to be forgotten). If we receive a data subject access request we shall instruct the candidate to contact you directly in respect of any information we process on your behalf. Notwithstanding anything in these Terms, where we are a controller under Data Protection Laws we shall disclose information to the extent required by law (which may, in some cases, include personal data within notes and documents you have created and stored on Slync).

 

8.          Intellectual Property Rights

8.1.       Except in relation to the Employer Content, as between you and us all intellectual property rights (“IPR”) in and to the Services do and shall belong solely to us (and/or our licensors) and nothing in these Terms shall constitute an assignment of such IPR to you.

8.2.       We hereby grant you a non-exclusive, non-transferrable and non-sublicenseable, revocable limited licence to access and use Slync for the purpose set out in clause 5.1.1 for such period as you are permitted to use Slync in accordance with these Terms. All other rights to Slync and its content are hereby expressly excluded.

8.3.       You hereby grant us a non-exclusive, perpetual, royalty-free licence to use the Employer Content (and any IPR embodied therein) to provide the Services and fulfil our obligations under these Terms.

8.4.       You warrant that you have all rights, permissions and consents necessary in order to provide the Employer Content, and that by using the Employer Content, neither us, Slync nor the Services shall infringe any third party right (including any third party IPR). You shall indemnify us against all liabilities, costs, expenses, damages and losses (and any other direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all reasonable professional costs and expenses) we suffer or incur in connection with a breach of your warranty in this clause 8.4.

 

9.          Limitation of liability

9.1.       Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability which cannot lawfully be limited or excluded.

9.2.       Excluded liabilities: Subject to clause 9.1, we shall not in any circumstances be liable, whether in tort (including for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any indirect or consequential loss or damage, or for any of the following (whether direct or indirect):

9.2.1.          loss of profits;

9.2.2.          loss of business;

9.2.3.          depletion of goodwill or similar losses;

9.2.4.          loss of anticipated savings;

9.2.5.          loss or corruption of information (including confidential or commercially sensitive information which, as set out in clause 6.6, should not be stored on Slync) or the disclosure of information in accordance with these Terms;

9.2.6.          any loss or damage resulting from matters which are not our responsibility, including those matters set out in clauses 3.2, 4 or 6.3.

9.3.       Limitation on liability: Subject to clauses 9.1 and 9.2, our total aggregate liability in respect of any claim or series of connected claims whether in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with Slync, the Services or these Terms shall in all circumstances be limited to the greater of £500 (five hundred pounds) or 50% of the subscription fees paid to us during the previous 6 months.

 

10.        Other legal terms

10.1.    Force majeure: Neither party shall in any circumstances be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a cloud service, failure of a utility service or transport or telecommunications network, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or acts or omissions or defaults of suppliers or sub-contractors.

10.2.    Waiver: No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

10.3.    Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

10.4.    Entire agreement: These Terms are the only terms that will govern your use of Slync. Neither party shall have any remedies in respect of any statement, representation, assurance, promise, term, condition or warranty not set out in these Terms.

10.5.    Assignment: Your rights under these Terms are personal and you shall not, without our prior written consent assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations except to the extent expressly permitted under these Terms. We may at any time assign, transfer, charge, sub-contract or deal with in any other manner with all or any of our rights or obligations under these Terms.

10.6.    No partnership or joint venture: Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other party, nor authorise either party to make or enter into any commitments for or on behalf of the other party. 

10.7.    Third parties: No one other than you or us, our successors and permitted assignees, may enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is excluded.

10.8.    Remedies: Except as expressly agreed, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

10.9.    Governing law: These Terms and any disputes or claims arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with English law.

10.10.  Jurisdiction: The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms, their subject matter or formation (including non-contractual disputes or claims).

 

These Terms were last updated on 2 November 2018