Welcome to MyExpertPeople, a “peer to peer” recruitment community that facilitates the introduction of permanent employees to employers via a network of trusted individuals.
The purpose of Our Site is to allow individuals who introduce high quality candidates to employers to benefit from that introduction. The people who use Our Site are as follows:
- “Experts” – these are people who have who have specific industry knowledge and a pre-existing relationship with a Candidate and an Employer;
- “Trusted Sources” – these are people who have specific industry knowledge, are known by an Expert and have relationships with Candidates;
- “Candidates” – these are high quality people who are known and identified by Experts and Trusted Sources and are genuinely seeking a new job opportunity;
- “Employers” – as the name suggests, these are companies looking to employ Candidates.
The above are collectively referred to as “Users”.
REGISTRATION AND ACCEPTANCE AS AN EXPERT OR TRUSTED SOURCE
You have chosen to sign up as either an Expert or a Trusted Source. We therefore need you to provide general details such as your name and address and whether you are VAT registered, as well as your employment history. You will be asked for these details in the sign up form. At a later date we may ask you to provide us with a reference.
Once you have applied, your application will be assessed to see if you are suitable as an Expert or Trusted Source. The things that we look for in an Expert or Trusted Source are:
- Somebody aged 21 years old or over;
- Somebody able to demonstrate a depth of industry-specific experience;
- Somebody who has relationships with Employers and/or Candidates and whose opinion relating to recruitment would be valued; and
- Somebody who can demonstrate to MyExpertPeople that he or she possesses the ethical attributes we deem necessary for joining our network. You can find out more about what we look for in our Membership Values section of the website.
When you register with Our Site We will assess you against the above criteria and if you are accepted we will write to you to confirm.
Our Site enables you to refer Candidates to Employers and to receive commission (as set out in the “Our Charges” section below) if the Employer employs them.
Once you have been accepted as an Expert or Trusted Source User, we will collect your bank account details so that we can pay you any User Fee which is due and complete the setup of your account so that you are ready to begin.
Every time an Employer employs a Candidate who has been recommended via Our Site, the Employer pays a fee. This fee is called the “Placement Fee” and you are able to agree whatever Placement Fee you like with the Employer in advance of making the referral. You do this in your MyExpertPeople account. We take a fee of 15% of whatever Placement Fee you have agreed, every time a Candidate who is registered with Our Site is placed. The remaining balance after the Placement Fee and any applicable taxes have been deducted is called the “User Fee”. You will receive a payment from the User Fee as set out below.
APPORTIONMENT OF THE USER FEE
a) an Expert introduces a Candidate to a potential Employer and that
Employer employs the Candidate, the Expert shall receive 100% of the User
b) a Trusted Source introduces a Candidate to an Expert, the Expert introduces the Candidate to a potential Employer and that Employer employs the Candidate, the Expert shall receive 58.82% of the User Fee and the Trusted Source shall receive 41.18% of the User Fee.
In the event that more than one Expert refers a Candidate to an Employer, the User Fee shall be awarded to the User who first made the referral. This will be determined by Us using the time stamp facility indicated in your respective Accounts. Candidate and/or the Employer shall have the right to choose which Expert shall receive the User Fee.
PAYMENT OF THE USER FEE
We shall make payment of your percentage of the User Fee directly to the bank account details that you provide at the point of registration or such bank details as you may edit in your User Area from time to time.
A rebate period of 28 days shall operate in relation to the User Fee (the “Rebate Period”) and shall begin to run from the day that the Candidate starts working for the Employer.
In the event of the Candidate leaving the Employer's employment during the Rebate Period, you will have the opportunity to refer alternative Candidates to the Employer. If the Employer decides to employ one of the alternative Candidates that you refer and that Candidate completes a Rebate Period with the Employer, you will receive the User Fee. If no replacement Candidate completes a Rebate Period with an Employer, you shall not be entitled to receive any User Fee.
If, following a Candidate's unsuccessful application to the Employer
1. the Employer, without notifying MyExpertPeople, engages that Candidate in any capacity within 12 months of MyExpertPeople having introduced a Candidate to the Employer, or
2. the Employer or the Employer's employee, agent or subcontractor refers or introduces that Candidate to a third party, including an affiliate of the Employer, and that third party engages the Candidate in any capacity within 12 months of MyExpertPeople having Introduced a Candidate to the Employer,
then the Employer will be liable to pay the Placement Fee.
All sums payable are exclusive of any value added tax or other applicable sales tax, which shall be added to the sum in question. If you are VAT registered then you must send us a VAT invoice, against which we shall pay you the User Fee.
Subject to us receiving a valid VAT invoice, where applicable, we shall pay all amounts due within 3 days of receiving cleared funds from the Employer and only upon successful completion of the Rebate Period by the Candidate.
In the absence of contrary agreement, the User Fee shall be paid to you in the same currency in which We received the Placement Fee.
If any dispute arises as to the amount of the User Fee payable by Us to you, the same shall be referred to Our auditors for settlement and their certificate shall be final and binding on both parties.
We do not employ anybody and any contract that is entered into between a Candidate and an Employer is a totally separate agreement to these User Terms.
INFORMATION ABOUT US
www.myexpertpeople.com is a Site operated by MyExpertPeople Limited ("We/Us/Our"). We are registered in England and Wales under company number 08637248 and have Our registered office at Gainsborough House, Sheering Lower Road, Sawbridgeworth, England, CM21 9RG. Our VAT number is 183279579.
ACCESSING OUR SITE
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on Our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
You must not use any part of the materials on Our Site for commercial purposes without obtaining a license to do so from Us or Our licensors.
You can ask Us to delete content and information that you upload to Our Site at any time, unless you have shared it with other users who have copied it and stored it in which case it is not possible for us to delete it. You grant Us a nonexclusive, irrevocable, worldwide, perpetual, assignable, sublicenseable, royalty-free right to use, copy, edit, distribute, publish, remove, retain, add, process, analyse, use, commercialise and create derivative works from your content and information in any way now known or in the future discovered without any further consent, notice and/or compensation to you or to any third parties.
You warrant and represent when you provide any content or information to us that it is, to the best of your knowledge truthful and accurate, that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
Any content or information you submit to Us is at your own risk.
It is your responsibility to keep your Account and Profile information accurate and updated.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update Our Site regularly, and may change the content at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of Our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in Our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of Our Site.
We have the right to remove any material or posting you make on Our Site if, in Our opinion, such material does not comply with the content standards set out in Our acceptable use policy below.
You warrant that any Candidate who you refer via Our Site has consented to you recommending them for vacancies.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in Our acceptable use policy.
If you wish to make any use of material on Our Site other than that set out above, please address your request to [E-MAIL ADDRESS].
ACCEPTABLE USE POLICY
In order to use Our services and become a User, you must agree to abide by the following values and standards:
MyExpertPeople's core concept is to create outcomes that are mutually beneficial to all parties involved in a placement. To that end MyExpertPeople Users are required to act with integrity, honesty and transparency in all of their dealings with other MyExpertPeople Users, Clients and Candidates and failure to comply with this requirement will lead to immediate cessation of your access to our network.
You may use Our Site only for lawful purposes. You may not use Our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our content standards (as per below);
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (otherwise known as spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of Our Site;
- any equipment or network on which Our Site is stored;
- any software used in the provision of Our Site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on Our Site, including, without limitation:
- chat rooms;
- bulletin boards;
- direct messaging to other Users;
- referral recommendations;
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do Our best to assess any possible risks for Users from third parties when they use any interactive service provided on Our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Our Site, and we expressly exclude Our liability for any loss or damage arising from the use of any interactive service by a User in contravention of Our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to Our Site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following
standards. The standards apply to each part of any contribution as well as
to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- Comply with applicable law in the UK and in any country from which they are posted;
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in Our discretion, whether there has been a breach of these User Terms through your use of Our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with these User Terms constitutes a material breach of the terms upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use Our Site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
TAKE DOWN POLICY
If you find material on Our Site which is yours and for which you have not given permission, or which you feel infringes your intellectual property rights or which you feel contravenes privacy laws, is obscene or defamatory, please contact Us in writing giving Us:
- your contact details;
- the full details of the material in question;
- the exact URL where you found the material;
- if the request relates to copyright, proof that you are the rights holder or the rights holder’s authorised representative; and
- the reason for your request.
You should contact us at [EMAIL OR POSTAL ADDRESS FOR CONTACT].
LINKS FROM OUR SITE
Where Our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
‘MyExpertPeople’ is a UK registered trade mark owned by Myexpertpeople Ltd.
If you have any concerns about material which appears on Our Site, please contact firstname.lastname@example.org.
Thank you for visiting Our Site.