Client Terms and Conditions

Please read these conditions carefully before using the Includability Limited website. By using the Includability Limited website, you signify your agreement to be bound by these Client terms and conditions and the general terms and conditions of our website.

General

The following definitions apply:

• "Client" “You”, means the company, firm or organisation which has set up an account with Includability Limited to use the Services.
• "Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
• "Order Confirmation" means, receipt by us of your submitted information via our on-line form, email, telephone agreement or signed service agreement.
• "Pricing Structure(s)" means the pricing of services offered by Includability Limited as set out in clause 4.
• "Includability Limited" means Includability Limited, acting through its website includability.co.uk.
• "Services" means the online recruitment support as set out in clause 3
• "Terms" means these terms and conditions.
• "Website" means www.includability.co.uk and includes without limitation its content, databases, software, code and graphics.
  

1. Includability Limited allow the Client to advertise jobs, which for the purposes of this site, means that the organisation must have a commitment to treating people equitably and offer an authentically inclusive working culture.
2. Job postings which appear on Includability Limited do not in any way imply an endorsement of an employer or of any practices of that employer.
3. The following Services are available from Includability Limited via the Website:

• a) Job Postings: Post a job for 42 days for a fixed fee.
• b) Employer Profile: A service whereby the Client will have prominent advertising with their own corporate page to post up information about the organisation’s culture and values.  This service is restricted to committed organisations as defined by Includability Limited, an organisation with goals, products or services with a clear positive social, cultural or environmental impact.
• c) Recruitment Support and Full Service Campaigns: The Client may enquire through our Partner company, EllisKnight Bespoke Recruitment about additional consulting and recruitment support services, including search campaigns, writing job adverts, video interviewing, telephone screening and offer management. EllisKnight Terms and Conditions may be provided for these services upon engagement.
• d) Webinars, Workshops & Q&A’s: These services are included for all registered Clients that agree to these Terms and Conditions.
• e) CV Search Access: From 2022, all Clients with live Job Postings will have automatic and unlimited access to this service.
• f) Includability Hubs: All registered Clients will be able to join, participate and host any of the Includability Hubs. If Includability Limited are made aware of; any inappropriate, illegal or discriminatory behaviour, that may bring the Includability Limited name into disrepute, we have the right to remove the Client or individual from the site and suspend the account without prior notice.
• g) Company Ambassadors: Clients can appoint an unlimited amount of Company Ambassadors to represent their business. If Includability Limited are made aware of; any inappropriate, illegal or discriminatory behaviour by a Company Ambassador, that may bring the Includability Limited name into disrepute, we have the right to remove that Company Ambassador from the site and suspend the account without prior notice. In this instance, Includability Limited also reserve the right to suspend the Client account.

1. The following Pricing Structures are available in relation to the Services offered by Includability Limited:

• Fixed Price Job Posting: The Client purchases the agreed number of job postings as set out in the Order Confirmation. The agreed pricing and payment method will be set out in the Order Confirmation. Job postings do not carry an Expiry Date. Initial payment must be paid before completing the Client Profile and posting the first job posting.
• Unlimited Job Posting – Monthly Subscription: The Client signs a 12 month contract, to include unlimited job postings, CV search access, unlimited Company Ambassadors. Initial payment must be paid before completing the Client Profile and posting the first job posting.
• Tailored Recruitment Support and Full Service Models: Please refer to our Partner company EllisKnight Bespoke Recruitment. All services agreed through Ellisknight Bespoke Recruitment are based on agreeing to their individual Terms and Conditions and not those of Includability Limited.
  

1. On receipt by us of your submitted information via our on-line form, email, telephone agreement or signed service agreement, you will be deemed to have accepted all of these terms and conditions and will be granted access (subject to payment terms) to our services in accordance with these terms and conditions.
2. Includability Limited reserves the right at its sole and absolute discretion to refuse to offer the Services to any person or organisation.

1. Includability Limited shall perform the services using information and criteria supplied by you. It is the client's responsibility to provide accurate and up to date information and to inform us by email, telephone, or post of any changes to any of the information supplied by you to us.

1. We will take reasonable steps to provide a reliable service to you. However, please be aware, we cannot guarantee the accuracy or authenticity of any of the CVs stored in our database. You acknowledge and accept that this is beyond our control, and refunds cannot be given in the event of untruthful information being submitted by Candidates.

1. You acknowledge and accept that all rights to information provided by third parties are reserved by those third parties, and that such information may not be used in any way that infringes any proprietary interests of those third parties.

1. You agree not to disclose any information provided by the Candidates to any third parties, or those not directly related to the recruitment process of the individual(s) in question.

1. Any personal details which you provide to us from which we can identify you are held in accordance with our privacy policy. You agree that you do not object to us using this information to contact you for the purpose of improving our service to you, requesting payment, and discussing the account status.

1. Reselling of Includability Limited's services to other companies or agencies for the purpose of recruitment is not allowed on the site without prior written permission from Includability Limited. If this occurs your account will be cancelled without refund.

1. Downloading or leeching our CV database, wholly or in part, for any reason other than recruiting for a current vacancy is strictly forbidden and will result in immediate cancellation of your account, without refund. Downloading using any software other than a browser is also strictly forbidden and will result in immediate cancellation of your account, without refund. Legal action may be taken against you.

1. Contacting Candidates via email or other means, for any reason other than recruitment, is strictly forbidden.

1. You agree not to put excessive load on our servers.

1. You agree not to submit for inclusion in any job posting, Employer Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Includability Limited’s reputation.

1. You agree to use the Includability Limited CV Database as provided in these Terms and in any contract, you have with Includability Limited and in accordance with all applicable privacy and data protection laws. You shall not further disclose any of the data from Includability Limited CV Database to any third party unless you are an authorised third party or using the CV explicitly for employment purposes.

1. 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 Candidates are suitable for the job advertised and have the required eligibility to work, qualifications and personal characteristics. If you do not receive a response to your advert Includability Limited may, at our discretion, offer you a free repost.

Payment Terms

1. For online services Job posting, Post and search and profile services, you agree to pay the entire balance (in pounds sterling) of your account prior to the commencement of the service (unless an alternative payment structure is agreed in writing). You agree that payments will be made by credit/debit card, bank transfer or Direct Debit and Includability Limited will provide payment confirmation after payment has been received). Online payment services will be carried out by Paypal or Go Cardless and will be subject to their portal terms.
2. For Tailored Recruitment Support and Full Service Models, You agree to the payment structure agreed with your Account Manager at EllisKnight Bespoke Recruitment and agree to be charged in accordance with it. All prices are in pounds sterling and subject to VAT.
3. Includability Limited reserve the right to alter our rate card at our discretion.
4. All prices exclude VAT.
5. All invoices are payable in accordance with your Service Agreement. Late payment will entitle us to suspend provision of Services so please talk to your Account Manager first if you need to amend your terms.
6. You acknowledge and agree that in the event of failure by you, or the person with whom responsibility lies for payment of such transactions, that we may terminate your account and cancel this agreement immediately. We may also pursue payment in a court of law.

Cancellations and Refunds

1. Unlimited Job Posting – Monthly Subscription are for a minimum term of 12 months unless otherwise agreed with Includability Limited. Once the profile is live, in the event of early termination, a 90 day notice period is required. Outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable.
2. Fixed Job Posting credits are not eligible for Cancellations or Refunds.
3. Refunds cannot be provided based on applicant response rates or the suitability of applicants responding to your advertisement. We would advise you to talk to us if you are dissatisfied so we can support you with your campaign.  
4. Includability Limited reviews all new clients and some existing client Job Postings either prior to publication or once the advert is live and we reserve the right to withdraw without notice to the Advertiser any advertisement that may in our view be in breach of any clause of this agreement or of any law or regulation.
5. In the case where an advertisement is rejected or withdrawn by Includability Limited, Includability Limited will, at its own discretion, either refund to the Advertiser the amount paid minus an administration fee, or grant to the advertiser one advertising credit for every withdrawn advertisement.
6. If the Client has purchased Advertising Credits in error, they may request a refund from Includability Limited within 14 days of purchase, provided the credits have not been used to advertise a job at that point in time. No refund will be provided for purchases made more than 14 days prior.

Amendments and termination of Services

1. Includability Limited may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
2. Includability Limited reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
3. Without prejudice to any other remedy, Includability Limited may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Includability Limited has reasonable grounds to believe that the Client cannot or will not pay its debts.
4. Includability Limited reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:

• the Client has not provided full or accurate contact or company information;
• the Client does not meet the Includability Limited criteria set out in Clause 1
• Includability Limited considers the Client is acting inappropriately or illegally;
• the Client is using the Website to advertise websites, services, businesses and/or business opportunities that we deem to be not relevant to the Client’s business or likely to offend.
• the Client defaults on payment;
• the Client resells job postings without the express permission of Includability Limited;
• the Client has been given permission to resell job postings but does not accurately represent the products and services that are offered by Includability Limited; and/or
• the Client has shared its CV Search access with a third party.

1. The Client agrees to use the Website and the Services in 'good faith' i.e. to post genuine jobs, in line with the Includability Limited site aims and to provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.

Job Posting Site Rules

We have rules regarding the content and format of jobs posted on Includability Limited. The purpose is to ensure that our candidate users get results which are presented as clearly and informatively as possible.

1. By submitting a vacancy to the Website, you are authorising Includability Limited to post the vacancy (If you are not posting directly). You are responsible for the content of the vacancy and will indemnify Includability Limited against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
2. You agree that we may, at our discretion and without liability to you, remove from Includability Limited any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

• The job posted must exist in the location advertised.
• The job title should be specific and be the best description for the role. It must not include locations or salaries and should not be a slogan.
• The job posted should include any essential qualifications and/or authorisations required by law or by any relevant professional body.
• If the rate of pay is included, the job posted must also include the nature of the work, the location, minimum experience, training and/or qualifications required for an applicant to receive such rate of pay. If the role is a commission only role then this must be stated on the vacancy.
• The vacancy should accurately describe the role and not mislead the Candidate; sufficient detail should be included for the Candidate to understand the nature and the basic requirements of the role.
• If the job role offers training and there is a charge for this then the vacancy must state this clearly. If you wish to advertise training courses, you must speak to our advertising team who can support this elsewhere in the site.
• Includability Limited does not accept job postings from Recruitment Agencies, RPO’s or any other employment agencies. You must be a Direct Employer to use Includability Limited.
• If the Client has an RPO on-site, all Company Profiles, job postings and Employer Branding must be that of the end Client and not the RPO company.

1. Job postings which discriminate (or appear to discriminate) on grounds of age, sex, race, disability, religion or belief, sexual orientation and pregnancy/maternity are illegal and may result in proceedings being taken against both the Client and the publisher. Job postings are accepted by Includability Limited on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that a job posting may be discriminatory we may at our discretion either amend the job posting or remove it from Includability Limited without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
2. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
3. Applicants' responses will be forwarded by Includability Limited by e-mail. The Client is responsible for verifying the information contained in applicants' responses and Includability Limited accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
4. You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Includability Limited into disrepute. All and any subsequent dealings between you, the Client, and any applicant in connection with the applicant's response to the job posting are your responsibility. You will indemnify us from and against any claim brought by an individual against Includability Limited arising from your breach of this obligation or any other of these terms and conditions.
5. The Client will comply with all applicable laws, including without limitation: current data protection legislation and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission. The Client shall indemnify Includability Limited against any Losses in connection therewith.
6. You agree not to post any vacancy where:

• a) there is a risk to the health and safety of any applicant, unless you undertake to inform the candidates of such risks and the steps taken to prevent or control such risks; or
• b) the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless you undertake, in respect of the candidate to be placed to take all reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.

1. By posting any vacancy set out in sub-clauses 45 (a) and (b) above, the Client is deemed to give the relevant undertakings.
2. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Includability Limited harmless against any Losses in connection therewith.
3. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) with to work for the Client in the job posting.
4. Includability Limited reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:

• those that Includability Limited considers illegal, inappropriate, or fraudulent.
• those that Includability Limited considers do not meet any of the criteria outlined in clause 1.
• those that do not meet our job site posting rules set out above.
• those that directly or indirectly require or ask for application or registration fees.
• those that advertise, pyramid, network marketing or get-rich-quick schemes.
• those that have been indiscriminately posted or duplicated across multiple sectors.
• those that advertise websites, services, businesses, business opportunities and/or contact details.

1. Job postings will last for 42 Days, from the date posted.
2. Clients understand and agree that the following actions constitute a new/additional job advertisement under this agreement: copying a job ad; reposting an expired, archived or deleted job ad; changing the location of an ad; extending a live job ad beyond 42 days. Minor changes to job ad body copy and ad title, work type, sector and classification categories do not usually constitute a new job ad.
3. Clients acknowledge and agree that they must only advertise one job role per job posting on to the Includability Limited site. Where clients have breached this obligation and have advertised multiple job roles in the one job posting, Includability Limited reserves the right to notify the Client of the breach and request immediate amendment of the advert copy or to gain agreement to advertise the roles as individual job postings, and charge the Client for the additional job postings on to the Site.
4. Includability Limited acts as a Platform and is not responsible for the content of job postings from different Clients. If you have an issue with a job posting that is not your own, you should deal with this directly and not through Includability Limited.

CV Searching Service Rules

1. For equal opportunities reasons, we do not allow organisations access to our CV database unless you have a job posted on the site.
2. The number of CV downloads, although unlimited, is subject to a fair usage cap.
3. For the purpose of the fair usage cap, each of the following will count as one download: (i) downloading a candidate's CV from the Website onto any computer device such as a PC, phone or tablet computer; (ii) viewing a candidate's full profile on the Website; (iii) adding a candidate to a shortlist created on the Website; (iv) sending a message to a candidate via the Website. Previewing a candidate's profile will not be considered as a download.
4. CV search access can only be used for recruitment purposes. Using CV Search for the purposes of marketing or direct selling to candidates is prohibited and will result in the suspension of the account.
5. CV access will be active for as long as the vacancy is live or for as long as the Client has an Unlimited Job Posting – Monthly Subscription account.
6. The Client shall not use any automated computer program to search for and/or download information on candidates. Breach of this clause will result in suspension of the Client's account.
7. The Client shall not share its access to CV Search with any third party.

Choice of Law and Jurisdiction

1. These terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use the Website following any amendment. Such changes shall either be notified to you by e-mail on the address linked to your recruiter account or posted on the home pages of the Website.
2. If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
3. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
4. If you have any queries about these Terms & Conditions, please contact us at hello@includability.co.uk.