NEWLYQUALIFIED TERMS AND CONDITIONS
(updated 27th Mar 2019)
1 Our Company Ethos
1.1 At NewlyQualified, we strive to deliver a refreshingly simple approach to recruitment. We do not work alongside other recruitment companies; we do not accept premiums for sponsored job adverts, and we will never subsequently head hunt the candidates we place.
1.2 If you do not find your successful candidate(s) through us, you do not pay us anything. All our customers are treated on an equitable basis and we welcome feedback on our services whether good, bad or indifferent.
2.2 The following definitions apply:
2.2.1 "Employer" means the company, firm or organisation which has set up an account with NewlyQualified.co.uk in order to use the Services. The Employer can include any subsidiary or parent undertaking where the Employer has authority to act on their behalf.
2.2.2 “Candidate” means an individual who has set up an account with NewlyQualified.co.uk in order to use the Services.
2.2.3 "NewlyQualified" is a trading name of Simon Bailey Associates Limited and its Services are provided through NewlyQualified.co.uk.
2.2.4 "Services" means our online recruitment services.
2.2.5 “Fee” the fixed fee payable when the Employer employs a Candidate through NewlyQualified. The Fee is subject to change, as at 27 March 2019 it is £750.
2.2.6 "Terms" means these terms and conditions.
2.2.7 "Website" means www.NewlyQualified.co.uk and includes without limitation its content, databases, software, code and graphics.
3.1 These Terms set out the basis upon which we make this website available to you. By using this Website, you will be deemed to have agreed to these Terms. We may change these Terms from time to time.
3.2 This Website is operated by Simon Bailey Associates Limited. Our registered company number is 11049838. Our registered address is 1 Abbey Gardens, Great Haywood, Stafford, ST18 0RY.
3.5 NewlyQualified shall provide the Services in accordance with these Terms. Employers must set up an account with NewlyQualified in order to gain access to the Services. The Services do not constitute an offer by NewlyQualified, and NewlyQualified reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
3.6 A legally binding contract between NewlyQualified and the Employer comprising these Terms will come into effect when the Employer offers a Candidate employment based on the use of the Website.
3.7 NewlyQualified shall perform the Services using information and criteria supplied by the Employer. It is the Employer's responsibility to provide accurate and up to date information.
3.8 The Employer undertakes not to submit for inclusion in any job posting, 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 NewlyQualified or NewlyQualified's reputation.
3.9 Once a contract has been formed, NewlyQualified cannot accept any cancellation of the agreed Services. No refunds will be given, and outstanding invoices shall remain payable. Without prejudice to the foregoing, NewlyQualified reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
3.10 Without prejudice to any other remedy, NewlyQualified may terminate the Employer'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 Employer or if NewlyQualified has reasonable grounds to believe that the Employer cannot or will not pay its debts.
3.11 NewlyQualified reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
3.11.1 the Employer has not provided full or accurate contact or company information;
3.11.2 NewlyQualified considers the Employer is acting inappropriately or illegally;
3.11.3 the Employer is using the Website to advertise websites, services, businesses and/or business opportunities (unless the business is an agreed franchise system opportunity) in any part of the job vacancy or on any part of the site;
3.11.4 the Employer fails NewlyQualified’s credit checking process, or defaults on payment; and/or
3.11.5 the Employer has shared its CV Search access with a third party.
3.12 The Employer agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Employer also agrees that any abuse of the Services, Website or these Terms can result in the Employer's access to the Services being removed, and its account terminated. The Employer can only post jobs for its company and/or its subsidiary or parent company and only if it has the express agreement of that company.
3.13 To use the Website an Employer or Candidate must use a username and password. You are solely responsible for the security and proper use of your password, which should always be kept confidential and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
3.14 All intellectual property rights connected with the Services and/or the Website shall remain vested in NewlyQualified or any third party from whom such rights are licensed. The Employer shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
3.15 NewlyQualified cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results. For the avoidance of doubt, no Service is guaranteed to result in a placement.
3.16 For the sake of clarity and the avoidance of doubt, the Employer acknowledges that it is acting as a data controller for the purpose of current data protection legislation in connection with any personal data it obtains in the provision of the Services by NewlyQualified. It is the Employer’s responsibility to comply with its obligations as a data controller and to satisfy themselves of the legal grounds for processing any personal data.
3.17 NewlyQualified acknowledges that it will act as a data controller for the purposes of current data protection legislation and that it will comply with its legal obligations in the provision of the Services.
3.18 NewlyQualified shall not be in breach of these Terms if events beyond its reasonable control prevent NewlyQualified from performing the Services.
3.19 It is the Employer's responsibility to protect their computers against any viruses and malware.
3.20 These Terms contain the entire agreement and understanding between NewlyQualified and the Employer. The Employer acknowledges that it has not relied on any representation made by NewlyQualified in entering this contract.
3.21 In the event that the Employer makes a claim against NewlyQualified for whatever reason, NewlyQualified's liability (if any) shall not exceed the price paid or to be paid by the Employer for the Services. Under no circumstances shall NewlyQualified be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude NewlyQualified’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
3.22 If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
3.23 Notices to NewlyQualified shall be sent by email to EmployerSupport@NewlyQualified.co.uk and notices to the Employer shall be sent by email to the address supplied on set up of the Employer's account.
3.24 From time to time NewlyQualified may contact Employers in order to evaluate the service they receive.
3.25 The Employer will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 4 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
3.26 The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
4 Job Postings
4.1 By submitting a vacancy to the Website, the Employer is authorising NewlyQualified to post such vacancy and submit Candidates by NewlyQualified in accordance with the Employer's criteria (if any).
4.2 The Employer is responsible for the content of the vacancy and will indemnify NewlyQualified against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
4.3 The Employer shall include in the job description the following information:
4.3.1 Any qualifications and/or authorisations required by law or any or by any relevant professional body; and/or
4.3.2 If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay.
4.4 The Employer shall provide sufficient details about itself and the vacancy to applicants including without limitation the Employer'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.
4.5 Applicants' responses will be forwarded by NewlyQualified by e-mail subject to any filtering. The Employer is responsible for verifying the information contained in applicants' responses and NewlyQualified accepts no responsibility for the content of any such application. In particular, but without limitation, the Employer is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Employer, by law or by any relevant professional body for the vacancy.
4.6 All and any subsequent dealings between the Employer and any Candidate in connection with the Candidate’s response to the job posting are the responsibility of the Employer, and NewlyQualified accepts no liability whatsoever therewith. The Employer will indemnify NewlyQualified against any Losses in connection therewith.
4.7 The Employer 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 Employer thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:
The Employer shall indemnify NewlyQualified against any Losses in connection therewith.
4.8 The Employer shall not post any vacancy where:
4.8.1 there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Employer undertakes to inform the Candidate of such risks and the steps taken to prevent or control such risks; or
4.8.2 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 the Employer undertakes, in respect of the Candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the Candidate; (ii) to obtain two references from persons who are not relatives of the Candidate; and (iii) to take all other 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. By posting any vacancy set out above, the Employer is deemed to give the relevant undertakings.
4.9 The Employer accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold NewlyQualified harmless against any Losses in connection therewith. The Employer 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) to work for the Employer in the vacancy posted.
4.10 NewlyQualified 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:
1. those that NewlyQualified considers illegal, inappropriate or fraudulent
2. those that directly or indirectly require or ask for application or registration fees
3. those that advertise, pyramid, network marketing or get-rich-quick schemes
4. those that advertise websites, services, businesses, business opportunities and/or contact details
5 Registered Office
1 Abbey Gardens
Registered in England & Wales, Number 11049838
Contact NewlyQualified.co.ukAddress as above
Tel 0800 3 10 12 14
Text 07534 365 583
6.1 You agree to pay NewlyQualified a Fee for each recruit you employ through www.NewlyQualified.co.uk
6.2 Invoices are due for payment 14 days after the invoice date. In the event of late payment, NewlyQualified may suspend the Services until payment is received. In the event that the Employer fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), NewlyQualified may terminate the Services and all outstanding invoices shall become payable immediately.
6.3 There are no fees for candidates
6.4 There are no other subscription or advertising fees.
7 Equal Opportunities
7.1 We are committed to the equal opportunity for all businesses and individuals and we will never discriminate on the basis of race, religion, gender, disability, age, sexual orientation or marital status.
These Terms were last updated on 27th March 2019