Terms and Conditions
1.1. This website, which is accessible via the following URL www.SMEplacement.co.uk (the “Website”), is operated by Pure People (HR Services) Ltd a company registered in England under number: 4199031 and with a registered office at c/o CCH, Basing House, 46 High Street, Rickmansworth, Hertfordshire WD3 1HP (“our”, “we”, “us” or “SME Placement”).
1.4. Please read this Agreement carefully. By accessing and using the Website, including any of the Employer Services or Student Services (as those terms are defined below), you are agreeing to be bound by Agreement. If you do not accept this Agreement, then you must not continue to use the Website.
1.5. This Website is intended to be used by individuals who are aged 18 or over and we ask that if you are under 18 you do not submit any personal information to the Website or use the services offered through it. If you are outside the UK and use this Website you must do so in compliance with this Agreement and we accept no liability so far as we are able for breaches of any local laws in your jurisdiction and by accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with.
1.6. Access to the Website and to all the content and features available within it may be modified, suspended, withdrawn or discontinued at any time and without any prior notice or explanation.
2. Contact details
Should you have any queries about these terms and conditions, the Website or SME Placement generally, we can be contacted via the following methods:
- Email: info@SMEplacement.co.uk
- Telephone: +44 (0) 1252 717 797
- Post: c/o Pure People (HR Services) Ltd, PO Box 525, Farnham GU9 1BG
3. Nature of our Website
3.1. This Website is designed so that both those looking for a placement job (“Student”) and those person(s) or organisations with whom contact is made or who use our Website seeking to fill a Placement position (“Employer”) in relevant industries can be brought together.
3.2. An Employer can either post a job listing (“Job Listing”) or a featured job listing (“Featured Job”) on the Website or can choose the Direct Promotion Service option (“Direct Promotion”). These are outlined on the Employers section of the Website. Together these form the basis of the online advertising service that we provide (the “Employer Services”).
3.3. A Student Placement Job Seeker can search the Website and can apply directly to the Employer job listing that match his/her specific job type specification (the “Student Services”).
3.4. In order to use these services, Students and Employers agree to comply with the Particular Terms for Employers or Particular Terms for Students, as applicable.
4. Information & Content
4.1. The information contained on this Website (including any articles, reports, guides, surveys etc, including those linked to external sites or copied from external sources) is compiled and/or made available in good faith and reasonable efforts have been made to ensure that it is accurate and up to date. However, SME Placement gives no representation or warranty in respect of such information and all such representations and warranties, express or implied, are excluded.
4.2. We do not warrant that the content of this Website and any downloads are virus free and we recommend that you carry out your own virus checks and keep your anti-virus and other security software up-to-date.
4.3. Where information published on the Website is supplied by third parties, this does not signify that SME Placement controls or endorses such content, or accepts responsibility for the accuracy or otherwise of the information.
5. Links from the Website to External Web Sites
5.1. Where links to other external web sites are published on this Website, this is not intended to signify that SME Placement has reviewed or endorses such internet sites and/or their content. SME Placement accepts no responsibility for the content of any linked internet site. The use of any links to these sites is entirely at your own risk and it is your responsibility to check and comply with the terms and conditions of any linked web sites visited.
6. Your use of this Website
6.1. You agree to use this Website responsibly. You will not use this Website for any unlawful purpose and will not supply, post or publish any information that is discriminatory, defamatory, obscene or offensive, or in any other way illegal or unlawful. All information you provide will be true, accurate, complete and up to date and will not mislead or be likely to mislead SME Placement, Student, Employer or any third party for which the information is intended, including, without limitation, other users of this Website.
6.2. You will take all reasonable steps to ensure that all information and data files you supply, post or publish to the Website are free of viruses, ‘Trojan horses’, ‘worms’, or any form of malicious coding and you will not attempt in any way to damage, disrupt, modify or otherwise interfere with the proper and intended operation of this Website.
6.3. SME Placement may terminate or suspend your use of the Website at any time and without warning if you are in breach, or if we have reasonable grounds to believe that you are in breach, of any of the terms and conditions in this document.
7. Intellectual Property Rights
7.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the design, content and arrangement of this Website (including its text and graphics, all software or source code, and all other material) shall always be owned by SME Placement Ltd or our parent company Pure People (HR Services) Ltd. You are permitted to use this material only as expressly authorised by SME Placement.
7.2. Reproduction of this Website, or any part of it, in any form is prohibited except that you may print or download extracts for your personal use, and copy the content to individual third parties for their personal information, provided that you acknowledge the Website as the source of the material and you inform the third party or parties that these terms apply and they agree to comply with them.
7.3. Provided that your use is for non-commercial purposes only, you may incorporate limited content or material from the Website on your blog or other internet sites, on the condition that you include the following attribution prominently alongside each use of such content or material: “Info supplied courtesy of SME Placement”, together with a hyperlink to the Website. Copying of any content or material on the Website for any business or commercial use is allowed with the written consent of the MD of SME Placement. Contact details are here.
8. Liability & Disclaimer
8.1. Nothing in this Agreement shall limit or exclude SME Placement’s liability (if any) for fraud, for personal injury or death caused by SME Placement’s negligence, or for any other matter or other type of liability which cannot by law be excluded or limited.
8.2. We do try to ensure that all materials, questions and information published on our Website are accurate. However, you acknowledge that we are reliant on the information provided by Employers and Students and have no independent means of verifying the accuracy of this information and do not check its authenticity.
8.3. All materials and information on our Website are provided on an ‘as is’ basis. We exclude all implied terms, conditions, warranties, representations or endorsements whatsoever regarding any material posted on this Website by a Student or an Employer or any information or service provided through our Website, in each case to the fullest extent permitted by applicable law.
8.4. We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business (whether direct or indirect in each case), suffered by you arising out of your use of this Website, the Student Services, the Employer Services and/or the reliance upon any content published, posted or supplied on this Website, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, even if foreseeable, to the fullest extent permitted by applicable law.
8.5. You agree to indemnify us against all costs, claims, demands or expenses incurred or made by us as a result of a breach of this Agreement by you or howsoever arising in connection with your use of the Website and its services. For Students, if we are liable to you under or in connection with this Agreement for any reason, our aggregate liability will not exceed £100 (one hundred pounds). For Employers, our aggregate liability will not exceed the amount paid by you to SME Placement for the services in the year in which such liability arose.
9. Infringement of Intellectual Property Rights
SME Placement respects the intellectual property rights of others and does not knowingly feature any material on the Website which infringes another’s intellectual property rights. If you believe that any material on the Website infringes your intellectual property rights, please notify the MD in writing at the address above.
10.1. We may assign, transfer, replace or subcontract any or all of our rights and obligations under this Agreement at any time.
10.2. We may alter this Agreement from time to time and post a new version on our Website, after which all use of our Website will be governed by that version. The Parties must check the terms and conditions on the Website regularly, as we will not notify Employers and Students in advance of these changes.
10.3. If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.4. Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.
10.5. These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.
10.7. You agree that you have not entered into this Agreement or any agreement or document entered into pursuant to this Agreement in reliance upon any statement, representation, covenant, warranty, undertaking or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) except as expressly set out in this Agreement.
10.8. These Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Particular Terms for Students
The terms set out in this section only apply to Students using SME Placement to secure a placement job. For avoidance of any doubt, there is no charge applicable for Students to access or use this Website.
S1.1. Although we will endeavour to ensure that they are fit and proper employers, we have not vetted, interviewed or carried out any background checks of any kind on any of the Employers who post positions on this Website. We do not make any representation or give any warranty for the accuracy of any information the Students have provided which have been passed to Employers and we accept no liability whatsoever, to the fullest extent permitted by applicable law, in respect of your employment with an Employer deemed suitable by you. If you have any concerns then these must be dealt with directly between you and the Employer.
S1.2. We do not carry out any checks on you and these will be undertaken by the Employers if they decide to employ you. It is unlawful for you to live and work in the United Kingdom or the particular country to which a job on this website applies without the correct permissions. We accept no liability for Students who do not hold relevant work visas, residency status or appropriate permissions to work in the United Kingdom or the country in question.
Particular Terms for Employers
The terms set out in this section only apply to Employers advertising on SMEplacement. “Employer(s)” means any person, company, organisation, agent, third party or firm which purchases any recruitment products and services made available by this Website.
E1.1. We have not vetted, interviewed or carried out any background checks of any kind on any of the Students who apply for positions posted on this Website to determine whether the Student is a suitable applicant for working in the relevant role, sector or industry. We accept no liability whatsoever in respect of the placement of a Student deemed suitable by you to the fullest extent permitted by applicable law.
E1.2. It is unlawful for a Student to work in the UK without the correct permissions to work and live in the UK. We accept no liability for Students who do not hold relevant work visas or residency status. By using the services on SMEplacement you the Employer will carry out all the relevant background checks to confirm that the Student has all the appropriate permissions to work in the UK or the country in question.
E2. Payment by Employers
E2.1. Details of the pricing structure may be seen on our ‘Rate Card’ page here.
To use the services of this Website, Employers will need to pay within 14 days of publication of a listing, featured job or other services provided by SMEplacement. Failure to do so will result in the job listing and other service being removed or ceased.
E2.2. We may change the price of any of our Services and any changes will be outlined on the Rate Card page and effective immediately. If a price change occurs within the 12-month period following purchase of a listing, then the price will remain at the initial price until that 12 months has lapsed.
E2.3. The prices are exclusive of VAT or any other applicable taxes which must be paid in addition by the Employer.
E2.4. Employers undertake that all details (eg account number, card number etc) they provide to us for the purpose of purchasing a listing or another service are correct.
E2.5. We will endeavour to ensure that Company listings and job advertisements go live on the Website within 48 hours of payment confirmation. It may be necessary to carry out some security checks before jobs go live. If it is not possible to verify this from the information provided, we will contact Employers to request further information. This may delay the time it takes for jobs to go live.
E2.6. You will be notified by email when your job adverts have gone live on the Website.
E3. Content provided by Employers
E3.1. Employers are responsible for the accuracy of all material relating to their listing and are also responsible for notifying us of any changes to, for example, the contact email address, job description, person specification etc.
E3.2. Employers must adhere to certain rules when posting job or company information onto the Website. These include:
- It must adhere to our values of equal opportunity, diversity and respect.
- It does not infringe the copyright, privacy, intellectual property right, data protection, trade mark or any other rights of any third party.
- It is not abusive, libellous or defamatory of any person, entity or organisation;
- It is not racist, sexist, ageist or homophobic
E3.3. Your job listing/advertisement links to another site or email address so you are responsible for maintaining the links and for the content of your advertisement and the linked site. We reserve the right to remove from the Website any advertisement which links to a site which, in our opinion, is defamatory, illegal, objectionable or will bring SMEplacement into disrepute. You will indemnify us from and against any claims or liability arising from your content or links contained in your advertisements.
E3.4. Employers agree that we have the right to monitor content in listings/job advertisements and may edit, reject or remove content if we believe it does not comply with the rules listed above.
E3.5. We will remove any company listing/job advertisement immediately if there is sufficient evidence, or a suspicion of this, that the Website is being used for purposes other than securing a Student for an Industrial Placement job opportunity. You will indemnify us from and against any claims or liability arising from your inclusion on our Website or links contained in your advertisements.
E3.6. A listing/job advertisement posted on our Website will remain live for 365 days or a shorter time as requested by the Employer.
E3.7. We reserve the right to terminate an Employer’s use of the services on this Website at any time if Employers are found in breach of any of these terms or conditions.
E3.8. Job advertisements placed on the Website must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called ‘business opportunity’.
E3.9. Job advertisements or related content posted on this Website may also appear on third party recruitment web sites pursuant to agreements from time to time between SMEplacement and the proprietors of such web sites. These include job aggregator sites, such as Indeed and Google who may use advertisements from this Website with/without our permission.
E3.10. Employers have sole responsibility for the content which Employers post on the Website and Employers shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by Employers to us or posted directly on the Website.
E3.11. Responses to advertisements. You agree to deal fairly and professionally with Students or other individuals who may respond to an advertisement you have posted and not do anything which may bring the Website into disrepute. You will indemnify us from and against any claim brought by an individual against the Website arising from your breach of this obligation or any other term of these Terms.
E3.12. We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Student jobseekers are suitable for the job advertised and have the required qualifications and personal characteristics.
E3.13. We reserve the right to amend some of the job details that you supply to enhance or improve (in our professional opinion) your advertisement.
E4. Information provided by Employers
E4.1. You authorise us to use, store or otherwise process any Personal Information to the extent reasonably necessary to provide the services of this Website.
E4.2. You as an employer are solely responsible in all aspects for all use of Personal Information supplied directly to you by Students in the form of applications and CVs. You are solely responsible for ensuring that you hold the requisite data protection registrations or equivalent in any applicable jurisdiction and that you fully comply with the Data Protection Act 1998 including without limitation the provision of secure storage and processing for the Personal Information of Job Seekers.
E5. Additional Legal Notices
E5.1. We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or damage to goodwill; and any indirect or consequential loss.
E5.2. Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total annual invoice value paid to SMEplacement.
E5.3. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.