TERMS OF BUSINESS
B-hiring Recruitment Online Marketplace Terms of Business (Updated 02 June 2019)
By registering you agree to be bound by these Terms. These Terms shall apply each time you use the Marketplace and in the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail. We reserve the right to change these Terms at any time without notice, by posting changes online. You are responsible for checking these Terms every time that you access the Marketplace, in order to ensure that you are aware of any changes. Your continued access to and use of the Marketplace, after changes are posted, constitutes your acceptance of the amended Terms.
By accepting these Terms, you warrant that you have full capacity and authority to enter into and perform an Agreement with us to use the Marketplace, and are duly authorised to bind the party for whom you act. Please print a copy of these Terms for future reference.
INFORMATION ABOUT US
The term “B-hiring” or “‘B-hiring.com” refers to the owner of the website Bixter Holding ApS whose registered office is Mads Kehlets Vej 29, 6091 Bjert Denmark. Our company registration number is 36690933.
For the avoidance of doubt B-hiring is not acting as an employment agency but provides an online platform for Employers and Recruitment Agencies to meet and is not involved in the actual transaction between Employers and Candidates or Contractors.
DEFINITIONS AND INTERPRETATION
- In these Terms, the following definitions shall apply:
Account: By registering on B-hiring.com, you are creating an account, which will give you access to our Services and allow you to store and track activity on the Marketplace.
Agreement: The agreement between Us and you pursuant to which you make use of the Marketplace Services, the terms of which are set out in these Terms.
Assignment: The assignment services to be performed by a Contractor for an Employer for the period of time during which a Contractor is supplied to an Employer to work temporarily for and under the supervision, direction and control of the Employer.
Award: The fee set by an Employer when posting an Open Position, which is payable by the Employer to Us upon the Engagement of a Candidate.
Candidate: A person Introduced, directly or indirectly, by the Recruitment Agency to the Employer through the Marketplace, to be considered for an Open position.
Commission: The fee We deduct from the Award for the Marketplace Services We provide. The Commission is 15% of the Award.
Data Protection Laws: The EU General Data Protection Regulation 2016/679 (“GDPR”), the Data Protection Act 2018 and any applicable statutory or regulatory provision, as amended or updated from time to time, and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.
Employer: Any person or a company that uses the Marketplace and Marketplace Services to post Open Position with the view of employing Candidates.
Engagement: The act of an Employer accepting a Recruitment Agency’s request to engage on the Employer’s Open Position on the Marketplace, to allow the Recruitment Agency to submit Candidate(s) to the Open position.
Introducer: Our role as the introducing party in an Introduction.
Introduction: The process of introducing a Candidate to an Employer by a Recruitment Agency via the Marketplace, following the Employer posting an Open Position.
Marketplace: B-hiring.com webpage in which an Employer may post Open positions and source Candidates and a Recruitment Agency may submit Candidates to Open positions.
Marketplace Services: The provision by Us of the Marketplace, as further described on Our Site from time to time.
Open Position: A Permanent Recruitment or Contract Recruitment Open Position posted by the Employer on the Marketplace.
Our Site: www.b-hiring.com
Permanent Recruitment: Employment of a Candidate on a permanent employment contract
Placement: Employment of a Candidate by or on behalf of an Employer directly or indirectly following the supply of a Candidate by a Recruitment Agency via the Marketplace, directly or indirectly, and whether under a contract for services or otherwise, and whether on a permanent, temporary contract, or other basis.
Refund: means the sum which may become payable in accordance with the provisions of clause 7.1.
Refund Period: The period calculated by reference to the start date of a Candidate’s employment and the date of the Candidate’s termination of employment (as further detailed in these Terms), during which an Employer is entitled to a full or partial refund of Awardshould the Employer (acting reasonably) determine that the Candidate is unsuitable and terminates the Candidate’s employment.
Recruitment Agency: Any company who uses the Marketplace Services to introduce Candidates to Employers in respect of any Open Position.
Recruitment Agency Award: The fee payable to a Recruitment Agency upon a Placement, which is calculated as the Award minus Our Commission.
Screened Candidates: A Recruitment Agency must gain a verbal or electronic commitment that a Candidate is willing to be put forward and considered for an Open Position, and be represented by the Recruitment Agency for submission to the Employer, and that the Candidate has not applied directly or via another recruitment agency for the same role. The Recruitment Agency must disclose to the Candidate the name of the company which is recruiting for the Open Position, for the Candidate to be correctly defined as a Screened Candidate in accordance with these Terms. Candidates who applied via any job advert placed by the Recruitment Agency, are not considered as a Screened Candidate under these Terms. A Recruitment Agency must gain further verbal or electronic commitment.
Start Date: The date on which a Candidate commences a Placement with an Employer.
Terms: These terms and conditions under which you may make use of the Marketplace Services.
- In these Terms:
- Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa;
- The headings are for convenience only and do not affect their interpretation;
- Any reference to a statute, statutory provision or any subordinate legislation shall be construed as including a reference to that statute, provision or subordinate legislation as from time to time modified or consolidated, superseded, re-enacted or replaced
- Any phrase introduced by the terms ‘including’, ‘include’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
- Reference to ‘in writing’ and ‘written’ shall include by email.
We are an independent provider of services to you and are not employed by you. Nothing in these Terms will create a partnership or joint venture between us.
In order to use the Marketplace Services, each Employer and Recruitment Agency must register with Us. We may accept or reject an application to register at our discretion, and may suspend or cancel such registration at any time if an Employer or Recruitment Agency is in breach of these Terms.
OBLIGATIONS OF THE EMPLOYER FOR PERMANENT RECRUITMENT
The Employer agrees to notify Us immediately when an offer of employment has been accepted by a Candidate
- The Employer shall satisfy itself as to the suitability of any Candidate for the purposes of the Open Position for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Employer that it is for the Employer to take up references, to check the truthfulness of a Candidate’s application and employment history, to undertake any additional security or criminal record checks, to check the validity of education and qualifications and, where the Open Position requires, to ensure that a Candidate is capable of operating any equipment and/or machinery to the necessary level. The Employer shall be responsible for obtaining any work and other permits and for ensuring that a Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
- The Employer shall use its best endeavours to keep confidential any confidential information of any Candidate that is provided to the Employer in connection with the Marketplace Services.
- The Employer undertakes that where:
- (a) any Candidate introduced by a Recruitment Agency to the Employer via the Marketplace is initially rejected but is later employed by the Employer within the period of six months of the initial Introduction, the Employer shall be responsible for the Award as if such rejection had not occurred;
- (b) in the event of the Employer effectively introducing (directly or indirectly) any Candidate to another person, firm or corporation, including any subsidiary, associated or holding company of the Employer, resulting in an Engagement by that person, firm or corporation (of which fact the Employer shall immediately notify Us) the Employer shall be responsible for the Award as if the Candidate had been introduced to such third party via the Marketplace, unless such Engagement occurs more than six months after the initial Introduction of the Candidate to the Employer.
- The Employer consents to the disclosure by Us to Recruitment Agencies and Candidates of information relating to the Employer which the Employer has provided to Us.
- In the event of non-payment by the Employer of the Award, we are not going to provide any contact information of the Candidate.
- In the event that the Employer has previously received the CV of a Candidate who it subsequently decides to employ or engage from a source other than a specific Recruitment Agency, the Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Recruitment Agency’s submission, but rather of having received the CV previously. In the event of such a dispute We will investigate and based upon the available evidence as an independent party make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
- The Employer shall inform Us should a Recruitment Agency contact it directly, offline or online, in an attempt to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation of the Award or Our Commission.
OBLIGATIONS OF THE RECRUITMENT AGENCY FOR PERMANENT RECRUITMENT
- When engaged with an Employer on the Marketplace, the Recruitment Agency shall not publish or use the Employer’s company name or brand publicly when advertising the Employer’s Open Position and searching for Candidates.
- The Recruitment Agency will use reasonable endeavours to introduce suitable Candidates to Employers via the Marketplace. The Candidates must meet the specification set out by the Employer in the Open Position. The Recruitment Agency agrees to properly Screen Candidates which they submit to Vacancies and, upon request by Us, be able to obtain confirmation from a Candidate that they are willing to work in the position in question before submitting the Candidate’s CV.
- All CV submissions for Open Positions must be sent through Our Site. The Recruitment Agency should have a signed agreement with a Candidate to place the CV on third/party webplatforms
- Any actions that circumvent or attempt to circumvent Our Site and the Marketplace Services by submitting CVs in any other way will lead to Account termination and all loss of Account information, Account data, and Account reviews.
- The Recruitment Agency agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of depriving Us of due compensation, Commissions or Award.
- The Recruitment Agency agrees that they shall not approach directly any Employers to whom they have been introduced to by Us, engaged with on the Marketplace, or submitted any Candidate CVs or information to, for a period of 12 months after the introduction, engagement, submission of such a Candidate by Us, save for communications via Our Site or offline if regarding details on the posted Open Position for which we have made the Introduction.
- If a Recruitment Agency is found to have contacted an Employer directly to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation, Commissions or Award, the Recruitment Agency’s Account will be suspended immediately during a period of investigation. If evidence of wrongdoing is confirmed the Recruitment Agency’s Account will be deleted and all data, ratings, and customer reviews will be lost.
- Furthermore, if without written consent from Us, the Recruitment Agency approaches directly any Employers to whom they have been Introduced to by Us, engaged with on the Marketplace, or submitted any Candidate CVs or information to, within a 12 month period from such Introduction, engagement or submission, the Recruitment Agency will be liable to pay Us within 14 days of receipt of invoice any Commission that would have been due to Us had the Placement(s) the Recruitment Agency has made with that Employer taken place on Our Marketplace.
- Candidates are represented by the first Recruitment Agency to submit the Candidate in question to the Employer through Our Site. This clause shall not apply in the instance that a Recruitment Agency who submits the Candidate first, cannot prove that the Candidate in question is a Screened Candidate. This must be validated independently by the Candidate.
- If a Recruitment Agency submits a Candidate for a Open Position and the Candidate is employed by the Employer, the Recruitment Agency may not be eligible for Award in the event that the Employer has previously received that Candidate’s CV, or was aware of the Candidate through another source. The Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Recruitment Agency’s submission, but rather of having received the CV previously. In the event of such a dispute, as a neutral party We will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final.
- Provided that an Employer is not already aware of a Candidate, and the Recruitment Agency can provide evidence of this, the Recruitment Agency shall be deemed to have ownership of a Candidate for the duration of the Fee Period. Should the Candidate be employed or engaged by the Employer during the Fee Period we shall invoice the Employer for the same Placement Fee set by the Employer when the Open Position was originally posted on the Marketplace. The Recruitment Agency shall promptly provide Us with accurate information regarding the Start Date of the successful Candidate.
- The Award is set by an Employer when posting an Open Position and may be increased but it may not be reduced.
- After request the first Candidate’s contact information, the Employer is going to be charged the full amount of the Award sum. The Award can be paid by credit cart, via PayPal or by the bank transaction. The contact information of the Candidate will be first disclosed after money will be on the deposit account of B-hiring.
- The Award will be transferred to the Recruitment Agency’s account if a Candidate is submitted by a Recruitment Agency via the Marketplace and is successfully appointed in a posted Open Position, or within any other role within the Employer’s organisation (including any organisation within the Employer’s group), and after the Trial period
- If the Candidate does not commence employment, Award shall not be payable and, if it has been paid to Us, it will be refunded in full and a credit note will be issued.
- If the Employer employ more than one Candidate to the position, there will be sent an extra invoice for each Candidate to the Employer. Invoice should be paid within 14 days after submition.
- An Employer will be liable for Award in respect of a Candidate, where within six months of the Candidate being introduced to the Employer if the Employer employs that Candidate on a permanent or temporary basis; or if the Employer initially rejects the Candidate, but subsequently employs the Candidate or engages with the Candidate in any capacity; or if the Employer refers the Candidate to a third party, including another company or business in the Employer’s group of companies, and that third party employs or engages with the Candidate.
- Award excludes VAT if being paid in Denmark, which will be payable by the Employer in addition to Award at the rate in force on the date of invoicing.
- If any amount payable under these Terms is not paid in full and on time, the case will be sent to Incasso.
- The Trial Period shall run from a Candidate’s Start Date. The length of the Trial Period shall be 60 days for permanent contracts, 14 days for temporary contracts and 1 day for short-terms contracts. In the event that a Candidate terminates its employment, or the Employer lawfully terminates the employment within the Trial Period, the Employer shall be entitled to the Trial Period provided that:
- The termination is not a result of redundancy, corporate restructuring, pregnancy, injury or ill health, or by reason of the Candidate’s age, race, gender, sexual orientation or disability;
- The termination has not arisen where the Employer has entered into the employment of the Candidate with the prior or likely intention of disposing with the Candidate’s services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;
- The Employer serves a 7-day notice to Us by e-mailing info@.b-hiring.com
- The Trial Period shall be repayable to Us in full where the Employer, any subsidiary, associated or holding company of the Employer subsequently re-engages the Candidate in any capacity within a period of six months.
- The commission is set to 20% of the Award.
- After the successful employment the Recruitment Agency will receive the sum of the Award minus the sum of the Commission stated in 8.1.
CONFIDENTIALITY AND DATA PROTECTION
- In respect of personal data which is processed by Us as a data processor (as defined in the Data Protection Laws) on behalf of the Employer and the Recruitment Agency as part of the Marketplace Services, We comply with all Data Protection Law.
- All information relating to Candidates is confidential and subject to the Data Protection Laws and is solely for the purposes of filing an Assignment or Open Position for an Employer by a Recruitment Agency. The information must not be used for any other purpose nor divulged to any third party and the Employer and the Recruitment Agency undertake to abide by the provisions of the Data Protections Laws in receiving and processing the data at all times. The Employer and the Recruitment Agency hereby indemnifies Us against all losses, liabilities, costs and expenses (included but not limited to legal costs) arising from or incurred by reason of the Employer or Recruitment Agency’s failure to comply with this clause 9.3.
- The Employer and the Recruitment Agency may delete or request in writing the deletion or return of all personal data on termination of the Marketplace Services or at any time following termination of the Marketplace Services. Where an Employer and a Recruitment Agency has not deleted the personal data prior to the termination of the Marketplace Services, We automatically delete all personal data after six months following the date of termination of the Marketplace Services unless otherwise required by applicable law.
- The Employer and the Recruitment Agency acknowledges and accepts that a Candidate shall also have the right to withdraw their consent to the use of their personal data or information at any time and may request that We permanently delete all information and data held about that Candidate from the Marketplace. In the event that a Candidate exercises their rights in this clause, We shall notify the Recruitment Agency who shall promptly and permanently delete all the information and data held about that Candidate from the Marketplace. In the event that the Recruitment Agency has not done so within a reasonable time, and has not notified Us of any requirement of the Recruitment Agency or Us to retain the personal data, We reserve the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by the Recruitment Agency arising from such Candidate exercising their rights.
- We and each of the Employer and the Recruitment Agency agree to keep in strict confidence confidential information concerning each other party’s business, affairs, customers, clients or suppliers (‘Confidential Information’) and undertake that they shall not at any time disclose to any person any Confidential Information of the other parties except as permitted by clause.
- Each party may disclose the other parties Confidential Information if it is required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- No party shall use any other party’s Confidential Information for any purpose other than to perform its obligations under or in connection with these Terms.
LIMITATION OF LIABILITY
- in no circumstances shall we, or any party involved in creating, producing or delivering the marketplace services be liable to you or any third party for any loss or damages which are indirect, special, incidental or consequential, including, without limitation, damages for any lost profits, lost savings, loss of data, costs, fees or expenses of any kind or nature whether caused by tort (including negligence) breach of contract or otherwise that may arise out of or relate to the use of the marketplace services, even if foreseeable.
- our total liability to each of the recruitment agency and the employer shall be limited to the amount of the commission received by us in relation to the placement the loss or damages arise from.
- for the avoidance of doubt, in respect of contract recruitment, we act as an introducer only between the recruitment agency and the employer and no liability is accepted by us for any loss or damages which are direct, indirect, special, incidental or consequential, including, without limitation, damages for any lost profits, lost savings, loss of data, costs, fees or expenses of any kind or nature whether caused by tort (including negligence) breach of contract or otherwise that may arise out of or relate to an assignment.
- This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law. The Employer and the Recruitment Agency agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms.
Our Site operates a transparent ratings system, and feedback and review functionality and accordingly certain conduct, such as late payment of invoices or inappropriate or unprofessional behaviour, may have a detrimental impact on the Recruitment Agency’s or Employer’s Marketplace rating, feedback, and reputation.
Access to your Account on Our Site is not guaranteed and may expire at any time without notice. We therefore recommend all users make their own appropriate backups and logs of activities. You are not permitted to share access to your Account and must take reasonable steps to ensure your login credentials are kept confidential.
Unless otherwise agreed in writing, by using Our Site and Marketplace Services all users give Us permission to disclose our business relationship to other parties to promote Our provenance. This includes (but is not limited to) your company name, logo, testimonials and any written or verbal communication.
If any of the provisions of these Terms shall be determined by any competent authority to be invalid, illegal or unenforceable to any extent, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Any notice given to a party pursuant to these Terms shall be in writing, addressed to that party at its registered office or its principal place of business or such other address as that party may have specified to the other party in writing in accordance with this clause. Any such notice may be delivered personally or by first class prepaid post or email transmission and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by email when dispatched (provided no message of error in transmission is received).
These Terms contain the entire agreement for the Marketplace Services between Us and you, and supersedes all previous agreements relating to the same. Each party acknowledges and agrees that in entering into these Terms it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in these Terms. No changes can be made to these Terms without prior written consent by a Director of Hiring Hub.
GOVERNING LAW AND JURISDICTION
- These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Denmark and EU.
- Each party irrevocably agrees that the courts of Denmark shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.