Terms and Conditions for weareSpot.com
wearespot.com - Guru Recruitment Marketing Ltd (Trading as Spot)
Last updated: 13 March 2025
1. DEFINITIONS AND INTERPRETATION
1.1 The following terms and definitions shall apply in these Conditions:
"Advert": the advertisement prepared by the Company on behalf of the Client during the provision of the Services.
"Company": Guru Recruitment Marketing Limited (trading As Spot.), incorporated and registered in England & Wales under company number 11456564 whose registered office is 10 Upper Grosvenor Road, Tunbridge Wells, England, TN1 2EP
"Client": the company, firm or person requesting the Services.
"Contract": the contract for the provision of the Services.
"Services" the services to be provided by the Company to the Client as specified in condition 2.
1.2. These terms and conditions shall apply to the Contract which shall commence upon the Company's acceptance of an order from the Client whether orally, in writing or via online order forms.
1.3. These terms and conditions prevail over any inconsistent terms or conditions contained or referred to in the Client's order, or purported confirmation of engagement, acceptance of engagement, or implied by law, trade custom, practice or course of dealing.
1.4. No variation can be made to these terms and conditions unless it is in writing and signed on behalf of each of the parties.
2. SERVICES
2.1 Unless the Client and the Company shall agree otherwise in writing, the Company shall provide the following Services: a) the Company shall prepare the Advert for the Client's employment vacancy using information supplied by the Client and submit the Advert to the Client for approval; b) once approved by the Client, the Advert shall be placed by the Company on such online recruitment advertising boards and for such time period as the Company shall in its reasonable opinion select as appropriate for the vacancy concerned; c) the Company shall collect and collate the applications received by prospective candidates in response the Advert and shall filter such applications in accordance with the criteria agreed with the Client and provide the Client full details of candidates selected with reference to such criteria; d) the Company shall notify all candidates whose details it shall supply to the Client that their applications have been so supplied and shall endeavour to notify those candidates whose details have not been supplied to the Client that their applications have been unsuccessful.
2.2 Unless the Company and the Client agree otherwise in writing, the Company shall not be obliged to provide any further services than those specified in condition 2.1
2.3 The Company shall endeavour to provide the Services in a reasonable timeframe but time shall not be of the essence for the provision of the Services.
2.4 The Company undertakes to provide the Services with reasonable skill and care.
3. FEES
3.1. The Client shall pay the Company the total due as stipulated in the order confirmation form for the provision of the Services. The total due shall be paid by the Client within 14 days of the date of submission of an invoice by the Company to the Client. The Client acknowledges that such payment terms are conditional upon the Client passing a credit checking process. Time for payment shall be of the essence of the Contract.
3.2 The Company shall be entitled to raise an invoice for the fees at any time during the provision of the Services.
3.3 If the Client shall fail to make payment on the due date then without prejudice to any right or remedy available to the Company the Company shall be entitled to: (a) cancel the Contract or suspend the provision of any further services to the Client (whether such services are being provided under the Contract or otherwise); or (b) charge interest at the rate in force from time to time under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) until payment in full and claim such reasonable debt recovery costs as are permitted under such legislation.
4. LIABILITY
4.1 The Client acknowledges that in providing the Services there is no obligation upon the Company to provide any applicant for the Client's vacancy and the fees payable pursuant to condition 3 will be payable in the event that no appointment is made by the Client or no candidates apply for the vacancy. In providing the Services, the Company is not making any recommendations, representations or warranties as to the suitability of candidates and is only obliged to pass on details of applications received and filtered according to the criteria agreed with the Client. The Client shall satisfy itself as to the suitability of any candidates.
4.2 Certain elements of the Services shall be provided by the Company as an employment agency and, to the extent such regulations apply to the provision of the Services, the Company shall comply with its obligations under the Conduct of Employment Agencies and Employment Businesses Regulations 2003. The Company is not authorised to act as agent for the Client in entering into contracts with any applicants.
4.3 The Client shall ensure that it supplies the Company with all relevant information required by law or by any relevant regulatory or professional body in order to enable the Company to properly carry out the Services (including, but not limited to, preparation of the Advert) and shall indemnify the Company and hold the Company indemnified on demand in relation to any claims or losses it may suffer as a result of its failure to do so.
4.4 The entire financial liability of the Company to the Client in respect of: (a) any breach of this agreement; (b) any appointment made by the Client as a result of the provision of the Services; and (c) tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement; shall be limited to the amount of the fees received by the Company from the Client in providing the Services.
4.5 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
4.6 Nothing in this agreement limits or excludes the liability of the Company: (a) for death or personal injury resulting from negligence; or (b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Company.
4.7 Subject to conditions 4.4 and 4.6 above, the Company shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
4.8 The Company shall not be liable to the Client or be deemed to be in breach of its obligations by reason of any delay in supplying, or failing to supply, the Services if the delay or failure was due to any cause beyond the Company's reasonable control.
5. MISCELLANEOUS
5.1 The Contract and these conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
5.2 No failure or delay by the Company in pursuing a breach of the Contract by the Client shall be considered as a waiver of such breach or any future breach of the same or any other provision.
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