Terms and conditions
The WMJobs website is operated by West Midlands Employers, whose registered address is at PO Box 16725, Sandwell Council House, Oldbury, West Midlands B69 9FH (‘West Midlands Employers, ‘WME’, ‘we’, ‘us’ or ‘our’).
By using the website, and in consideration of West Midlands Employers allowing you access to it, you accept and agree to be bound by these terms and conditions ("Terms"). From time to time we may modify the Terms, so please continue to review them whenever accessing or using the website.
You may only access and use the WMJobs website and services if you agree to all these terms and conditions and by continuing to use the website you are agreeing to these terms and conditions as varied from time to time.
This is applicable to Private Organisations providing Residential, Nursing, Domiciliary and Supported Living.
Please note this will be from immediate effect for 12 weeks and will be reviewed thereafter.
General Terms & Conditions
1. The recruiter customer must be a public sector, voluntary or third sector organisation. Agencies may submit job adverts on behalf of the recruiter customer providing the branding and contact details are clearly that of the recruiter customer and not the agent.
2. The advertising services we provide require payment prior to the service being used. All prices quoted exclude VAT which will be charged at the prevailing rate.
3. If you usually advertise through a local authority they may be able to advertise on WMJobs for you. Please check with them before creating an account and advertising with WMJobs as WME will not issue a refund for services once purchased.
4. Organisations with a registered charity number and less than 50 employees who post a standard job advert direct and not through an agency will not be charged for the advert but will be charged a service administration fee of £55 + VAT per advert posted. If the organisation is a registered charity with over 50 employees the advert will be chargeable, but we will not apply VAT. All bookings made via agencies will be charged at standard rates plus VAT You must provide details of your charity number for verification before purchasing services.
5. WME does not accept any responsibility or liability for the content of adverts published on behalf of any third party organisation..
6. Prior to uploading any Advertisements you will have obtained all necessary rights, consents, licences, clearances and waivers in relation to the Advertisements (and all content thereof) to enable WME to publish the Advertisements on the Websites and, as between WME and you, you shall be solely responsible for any and all payments due to third parties as a result of such publication;
7. All copyright, trademarks, and other intellectual property rights used as part of the website are vested in West Midlands Employers and its licensors.
8. You acquire no rights or licences in or to the website other than the limited right to use the website solely in accordance with these terms and conditions.
9. Whilst WME will use its best endeavours to ensure that the information on the site is accurate and complete, we do not accept any liability arising from any inaccuracy or omission in the information on this site. Advertisers are responsible for ensuring their information is accurate and legally compliant and we advise you to verify the accuracy of any information before relying on it.
10. All Advertisements submitted by you for publication online will be free of any viruses (meaning any computer code, programming instruction or set of instructions that is intentionally and specifically constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or hardware) and no Advertisement shall cause any adverse effect in the operation of the Websites such that the whole or part of such sites shall be wholly or partially unavailable to users;
11. In respect of any Advertisement cancelled by you after the Advertisement has been uploaded, you will be liable for the full cost of the Advertisement.
12. WME reserves the right to cancel and/or remove any adverts (without refund of fees) if these Terms and Conditions have not been met or if WME is notified on any legal infringement by a third party
13. These Terms are governed by English law and the English Courts shall have non-exclusive jurisdiction.
General Terms Regarding Recruiter Use of the Services:
You hereby warrant, represent and undertake to WME that:
14 You will only use the Services and any information you receive under the Services for your recruitment related activities;
15 Your use of the Services will not be prejudicial to the image or reputation of WME, the Website or any other recruiters who use the Website;
16 You are responsible for maintaining the confidentiality of your employer account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your site registrations and passwords, whether or not authorised by you.
17. You agree to immediately notify West Midlands Employers of any unauthorised use of your employer account, profile, or passwords.
18. Employers are solely responsible for their postings on the site. West Midlands Employers is not to be considered to be an employer with respect to your use of the site and West Midlands Employers shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the site.
19. You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information, including saved CVs, network contacts, and email mailing lists, will be deleted from our databases after 5 working days from cancellation of your account. If you wish to reinstate your account and all the related details you must notify us in writing within the 5 working day period; there will be no recovery of data after this period.
Links to other sites
20. You may be offered automatic links to other sites, which you may be interested in. West Midlands Employers does not accept any responsibility for the content of those sites, the owners of such sites do not necessarily have any link, commercial or otherwise with West Midlands Employers.
21. We reserve the right at any time without notice, to enhance, modify, alter, or suspend the website and with notice? to terminate or restrict your access to the website.
22. A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorised by West Midlands Employers;
(b) misleading, unreadable, or ‘hidden’ keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in the reasonable discretion of West Midlands Employers;
(c) the names, logos or trademarks of unaffiliated companies other than those of the recruiter customer save where expressly agreed by West Midlands Employers; (d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(d) inaccurate, false, or misleading information;
23. You may not use your jobs posting to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs or other advertisements for competitors of West Midlands Employers or post jobs or other content that contains links to any site competitive with West Midlands Employers;
(c) sell, promote or advertise products or services;
(d) endorse a particular political party, political agenda, political position or issue;
24. The ‘apply direct’ option is a service that allows the recruiter customer to redirect their job seekers from a job posting to a website not hosted by West Midlands Employers and WME reserves the right in its sole discretion to reject the linking of recruiter’s job postings to websites which are deemed unsuitable.
(a) Upgrades can be applied to a job posting at any time subject to service availability.
(b) The maximum duration of an upgrade is shown prior to purchase. No discount will be applied should you opt not take up the maximum duration of that upgrade.
(c) Once purchased, an upgrade will not be refunded unless WME is unable to provide that upgrade within the duration that your job is posted.
26. The recruiter customer may purchase multiple job packs but the job adverts must be posted within 12 months of the invoice date.
Mini Site (or Microsite) Adverts
27. The recruiter customer must ensure that any information supplied in connection with the mini site is accurate, complete and true.
28. The recruiter customer must ensure that information provided is not contrary to the provisions of any applicable law or regulation, is not offensive or obscene in any way and does not contravene any third party rights (including without limitation any intellectual property rights).
29. The recruiter customer will have obtained all necessary rights, consents, licenses, clearances and waivers in relation to the Advertisements (and all content thereof) prior to providing any information to WME to publish on the mini site and, as between WME and you, you shall be solely responsible for any and all payments due to third parties as a result of such publication.
30. For the avoidance of doubt, WME does not accept any responsibility or liability for the content of mini site adverts published on behalf of any third party organisation. Advertisers are responsible for ensuring their information is accurate and legally compliant.
31. WME does not provide quality control of external links and has no responsibility for the content of any linked site.
32. We endeavour to publish standard template mini sites within 48 hours (weekdays, excluding bank holidays) on receipt of all required information. Bespoke microsites may take longer and are subject to service availability.
33. The maximum duration of a mini site is 28 days and it will automatically expire on the 28th day or the closing date you specified, whichever comes first. This advertisement period may however be extended subject to payment of an additional fee.
General Terms Regarding Access to the Services:
34. WME allows you to access each of the Services on the basis that:
a. You are a bona fide recruiter, being either an employer or a recruitment agent acting for an employer/recruiter;
b. your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you will immediately notify WME and WME shall provide you with a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure;
c. you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it;
d. you will not maliciously create additional accounts for the purpose of abusing the functionality of the Website or the candidates who have signed up to the Website, or other users nor do you seek to pass yourself off as another user;
35. West Midlands Employers reserves the right to remove any job posting or content from the site, which in the reasonable exercise of our discretion, does not comply with the above terms, or if any content is posted that West Midlands Employers believes is not in the best interest of West Midlands Employers.
36. If at any time during your use of the site, you made a misrepresentation of fact to West Midlands Employers or otherwise misled West Midlands Employers in regards to the nature of your business activities, West Midlands Employers will have grounds to terminate your use of the site.
37. West Midlands Employers does not accept any cancellation once a service has been purchased, regardless of whether it is an on demand service or part of a subscription agreement. By making a purchase you have entered into a legally binding contract with WME.
38. WME accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage caused by any error or technical fault in respect of the transfer of a CV from the Website to you.
39. WME does not guarantee the continued and uninterrupted availability of any of the Services and accepts no liability for any unavailability including without limitation due to technical errors or faults. In any event, WME shall have no liability for any failure or delay affecting the transmission of any Website, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of WME.
40. WME shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including without limitation, loss of revenues or profits, contracts, business or anticipated savings), any loss of goodwill or reputation or any indirect or consequential losses (in each case whether or not such losses were within the contemplation of the parties at the date the order was placed) suffered or incurred by you arising out of or in connection with any matter hereunder.
41. For the avoidance of doubt, nothing in these Terms shall operate to limit or exclude WME's liability for death or personal injury resulting from its own negligence or for fraud.
42. Candidates are solely responsible for the content of any applications that they submit to WME. We accept no responsibility for the content of a candidate’s application including without limitation any error, omission or inaccuracy.
43. You will indemnify WME and agree to keep WME indemnified on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising directly or indirectly as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms.