1.1 We are GoHire Technologies Limited (‘we, our, us’) are a company registered in England and Wales. Our company registration number is 10056150 and our registered office is at Suite 1a Swinegate Court East, York, YO1 8AJ, United Kingdom. We operate the website www.gohire.io.
1.2 You can contact us by writing to us at GoHire Technologies Limited, Suite 1a Swinegate Court East, York, YO1 8AJ, United Kingdom or by email to firstname.lastname@example.org.
2.1 When the following words with capital letters are used in these Terms, this is what they will mean:
2.1.1 Applicants: an individual using the Software to apply and or register interest in a Position.
2.1.2 Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
2.1.3 Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 13.2.
2.1.4 Content: the data inputted by you, Team Members, or us (including announcements or promotions of job vacancies) on your behalf for the purpose of using the Services or facilitating your use of the Services.
2.1.5 Distribution Channels: third-party services, job boards and/or other entities used by or in our distribution network for job advertisements.
2.1.6 Fair Usage Policy: you are entitled to a maximum of 150 active concurrent job postings allowed under your Subscription.
2.1.7 Normal Business Hours: 9.00 am to 5.00 pm local UK time, each Business Day.
2.1.8 Online Documentation: the documentation made available online to you by us which sets out a description of the Services and the user instructions for the Services.
2.1.9 Position: a position of employment or a position for an independent contractor created by a Team Member using the Software.
2.1.10 Services: the subscription services provided by us to you under these Terms or any other website notified to you by us from time to time, as more particularly described in the Online Documentation.
2.1.11 Software: our online software application at app.gohire.io provided as part of the Services.
2.1.12 Subscription: a trial subscription or paid subscription purchased by you pursuant to Clause 11.1 which entitle Team Members to access and use the Services and the Online Documentation in accordance with these Terms.
2.1.13 Subscription Fees: the subscription fees payable by you for your chosen Subscription as set out in the Online Documentation.
2.1.14 Subscription Term: a Trial, one month, one year or as customised as agreed with us in writing, depending on your Subscription.
2.1.15 Team Members: those employees, agents and independent contractors who are authorised by you to use the Services and the Online Documentation.
2.1.16 Terms: the terms and conditions set out in this document.
2.1.17 Trial: access to the Service on a trial basis, which is 14 days by default unless the parties agree otherwise or you enter into a Subscription.
2.1.18 we/our/us: GoHire Technologies Limited, a company incorporated in England and Wales with company number 10056150, whose registered office is at Suite 1a Swinegate Court East, York, YO1 8AJ.
2.1.19 Website: our marketing site is www.gohire.io.
3.1 These are the Terms that govern your access to and use of our GoHire Software.
3.2 You will initially be allowed access to the Service on a Trial basis. You will need to register via our Website in order to access the Trial. Please follow the onscreen prompts to register. You may only register using the method set out on the Website and you are responsible for ensuring that your registration is complete and accurate.
3.3 Following registration, you will receive an email from us acknowledging your registration at which point and on which date these Terms will become binding on you and us (Commencement Date).
3.4 By accessing, using and/or ordering the Service on behalf of an organisation, then you are agreeing to these Terms on behalf of that organisation, and you represent and warrant that you have the authority to bind that organisation to these Terms.
4.1 Subject to you purchasing a Subscription, we hereby grant you a non-exclusive, non-transferable right, to permit Team Members to use the Services during the Subscription Term solely for your internal business operations.
4.2 In relation to the Team Members, you undertake that:
4.2.1 each Team Member shall keep a secure password for their use of the Services and that each Team Member shall keep their password confidential. If any Team Member knows or suspects that anyone else knows their user identification code or password, you must promptly notify Us at email@example.com;
4.2.2 you shall permit us to audit your use of the Services. Such audit may be conducted no more than once per quarter, at our expense, and this right shall be exercised with reasonable prior notice, in such a manner as not to substantially interfere with your normal conduct of business;
4.2.3 if any of the audits referred to in clause 4.2.2 reveal that any password has been provided to any individual who is not a Team Member, then without prejudice to our other rights, you shall promptly disable such passwords and we shall not issue any new passwords to any such individual.
4.3 You shall not access, store, distribute or transmit any viruses, trojans, logic bombs, or any material during the course of your use of the Services that:
4.3.1 are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
4.3.2 facilitates illegal activity;
4.3.3 infringes upon any intellectual property laws;
4.3.4 depicts sexually explicit images;
4.3.5 promotes unlawful violence;
4.3.6 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
4.3.7 is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause.
4.4 You shall not:
4.4.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
126.96.36.199 attempt to modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Online Documentation (as applicable) in any form or media or by any means; or
188.8.131.52 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
4.4.2 access all or any part of the Services in order to build a product or service which competes with the Services; or
4.4.3 use the Services to provide services to third parties; or
4.4.4 subject to clause 18.5, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Online Documentation available to any third party except the Team Members, or
4.4.5 attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this clause 4.
4.5 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Online Documentation and, in the event of any such unauthorised access or use, promptly notify us.
4.6 You shall not exceed the maximum number of active concurrent job postings as set out in our Fair Usage Policy. Should the Fair Usage Policy be breached, we reserve the right to suspend the Services and request that you reduce the number of active concurrent job postings to below the Fair Usage Policy, at which point we will then reinstate the Services.
5.1 We shall, during the Subscription Term, provide the Services and make available the Online Documentation to you on and subject to these Terms.
5.2 We may from time to time improve and modify the Services we provide.
5.3 We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
5.3.1 planned maintenance, improvements or modifications to the Services; and
5.3.2 unscheduled maintenance due to an event of downtime of the Software.
5.4 We are under no obligation to notify you in advance of any disruption to the Services as set out at clauses 5.3.1 and 5.3.2.
5.5 We will, as part of the Services, provide you with our standard customer support services during Normal Business Hours in accordance with the Online Documentation from time to time.
6.1 Please see our Data Processing Addendum for further details on how we protect your data and privacy.
7.1 In order to make use of the Service, you or your Team Members may upload, create, or input Content into the Service. You shall own all rights, title and interest in and to all of the Content that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
7.2 We also reserve the right to access, read, preserve, and/or disclose any information as we reasonably believe is necessary to:
7.2.1 perform the Service;
7.2.2 satisfy any applicable law, regulation, legal process or governmental request;
7.2.3 enforce these Terms, including investigation of potential violations;
7.2.4 detect, prevent, or otherwise address fraud, security or technical issues;
7.2.5 respond to user support request; or
7.2.6 protect our rights, property or safety, our users and/or the public.
7.3 You retain full ownership of your Content, but you hereby grant us a worldwide, non-exclusive, irrevocable, transferable, royalty-free license (with the right to sublicense) for the term of the Service, to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any and all Content in connection with providing the Service. This license also includes the right to modify or adapt your Content as part of the Service in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also extend these rights to the Distribution Channels with whom we work to provide the Service. You represent and warrant that you have the rights and authority necessary to grant the rights granted herein to any Content that you submit, including all necessary rights to upload your Content for use in accordance with the Terms.
8.1 We will make commercially reasonable efforts to distribute your Content through our Distribution Channels. However, you acknowledge and accept that we do not control the Distribution Channels, and that we cannot guarantee that your Content will actually be delivered over the Internet or be accepted by the Distribution Channels, or be received and/or read by Applicants.
8.2 You agree that we are not liable to you or any third party if your Content is rejected or not posted, and you will not be entitled to any refund for Content not posted or distributed. By submitting Content, you give us permission to distribute that Content in the Distribution Channels.
8.3 We make no guarantee as to the number or quality of candidates that you will receive as a result of your Content. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate.
9.1 We undertake that the Services will be performed substantially in accordance with the Online Documentation and with reasonable skill and care.
9.2 The undertaking at clause 9.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than us or our duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in clause 9.1. Notwithstanding the foregoing, we:
9.2.1 do not warrant that your use of the Services will be uninterrupted or error-free; nor that the Services, Online Documentation and/or the information obtained by you through the Services will meet your requirements.
9.2.2 are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and Online Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10.1 You shall:
10.1.1 provide us with:
10.1.1.1 all necessary co-operation in relation to these Terms; and
10.1.1.2 all necessary access to such information as may be required by us;
in order to render the Services;
10.1.2 comply with all applicable laws and regulations with respect to your activities in relation to the Services;
10.1.3 carry out all of your responsibilities set out in these Terms in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed by the parties, we may adjust any agreed timetable or delivery schedule as reasonably necessary;
10.1.4 ensure that the Team Members use the Services and the Online Documentation in accordance with these Terms and shall be responsible for any breach of these Terms by any Team Member, or any of your officers, employees or agents;
10.1.5 obtain and shall maintain all necessary licences, consents, and permissions necessary for us, our contractors and agents to perform their obligations under these Terms, including without limitation the Services;
10.1.6 ensure that your network and systems comply with the relevant specifications provided by us from time to time;
10.1.7 ensure that any Content that you publish:
10.1.7.1 represents a real and genuine Position with a legitimate company with an online web presence; and
10.1.7.2 shall have sufficient and relevant information to allow the Applicants to make an informed decision as to whether to apply for the Position;
10.1.8 be, to the extent permitted by law and except as otherwise expressly provided in these Terms, solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
11.1 You shall pay the Subscription Fees to us for the Subscription in accordance with this clause 11.
11.2 Access to the Services is free during your Trial. At the end of your Trial, you shall provide us with valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details and, if you provide:
11.2.1 your credit card details to us, you hereby authorise us to bill such credit card:
184.108.40.206 for the Subscription Fees payable in respect of your Subscription; and
220.127.116.11 subject to clause 16.1, at the beginning of each Subscription Term for the Subscription Fees payable in respect of your Subscription.
11.3 If we has not received payment on the due date, and without prejudice to any other rights and remedies, we may without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
11.4 All amounts and fees stated or referred to in these Terms:
11.4.1 shall be payable in Pounds Sterling or U.S. Dollars;
11.4.2 are, subject to clause 15.4.2, non-cancellable and non-refundable;
11.4.3 are exclusive of sales tax.
11.5 We shall be entitled to increase the Subscription Fees at any time but price changes will not affect orders for Services that we have confirmed with you.
12.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services and the Online Documentation. Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Online Documentation. We reserve all our rights in this regard.
12.2 We confirm that we have all the rights in relation to the Services and the Online Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with these Terms.
12.3 You may print off one copy, and may download extracts, of any page from the Software for your personal use and you may draw the attention of others within your organisation to Content posted via the Software. If you print off, copy or download any part of the Software in breach of these Terms, your right to use the Software will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13.1 Each party shall, during the Term and thereafter, keep confidential, and shall not use for its own purposes (other than in the implementation of these Terms), nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority), any Confidential Information which may become known to such party from the other party and which relates to the other party or its business, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of these Terms, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its reasonable endeavours to prevent the unauthorised disclosure of any such information.
13.2 For the avoidance of any doubt, these Terms and the Online Documentation, and details of the Services (including without limitation all passwords to access the Software) constitutes our Confidential Information and we acknowledge that the Content is your Confidential Information.
13.3 Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of these Terms.
14.1 You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services and/or Online Documentation.
14.2 We shall, subject to clause 14.5 defend you, your officers, directors and employees against any claim that your use of the Services or Online Documentation in accordance with these Terms infringes any United Kingdom patent, copyright, trade mark, database right or right of confidentiality, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
14.2.1 we are given prompt notice of any such claim;
14.2.2 you do not make any admission, or otherwise attempt to compromise or settle the claim and provide reasonable co-operation to us in the defence and settlement of such claim, at our expense; and
14.2.3 we are given sole authority to defend or settle the claim.
14.3 In the defence or settlement of any claim, we may procure the right for you to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate the Service on 2 Business Days' notice to you without any additional liability or obligation to pay liquidated damages or other additional costs to you.
14.4 In no event shall we, our employees, agents and sub-contractors be liable to you to the extent that the alleged infringement is based on:
14.4.1 a modification of the Services or Online Documentation by anyone other than us; or
14.4.2 your use of the Services or Online Documentation in a manner contrary to the instructions given to you by us; or
14.4.3 your use of the Services or Online Documentation after notice of the alleged or actual infringement from us or any appropriate authority.
14.5 The foregoing states your sole and exclusive rights and remedies, and our (including our employees', agents' and sub-contractors') entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
15.1 Subject to the provisions of clause 14, this clause 15 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
15.1.1 any breach of these Terms;
15.1.2 any use made by you of the Services and Online Documentation or any part of them; and
15.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
15.2 Except as expressly and specifically provided in these Terms:
15.2.1 you assume sole responsibility for results obtained from your use of the Services and the Online Documentation, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;
15.2.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
15.2.3 the Services and the Online Documentation are provided to you on an "as is" basis.
15.3 Nothing in these Terms excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
15.4 Subject to clause 15.2 and clause 15.3:
15.4.1 we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, loss incurred as a result of the use of any Content in the Service, loss suffered during a dispute between you and an Applicant or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
15.4.2 our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total Subscription Fees paid for the Subscriptions during the 12 months immediately preceding the date on which the claim arose.
16.1 These Terms shall, unless otherwise terminated as provided in this clause 16, commence on the Commencement Date and shall continue for the Trial and, thereafter, these Terms shall be automatically renewed for each successive Subscription Term.
16.2 You can terminate the Services at any time by giving not less than 72 hours’ notice in writing before the end of the Subscription Term in which case these Terms shall terminate upon the expiry of the applicable Subscription Term.
16.2 We can terminate the Services:
16.3.1 if you fail to pay any amount due under these Terms on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment; or
16.3.2 if we reasonably believe that you are in breach of your warranty at clause 3.4 and that you do not have the authority to bind an organisation to these Terms.
16.3.3 if you breach our Fair Usage Policy and do not reduce the number of active concurrent job postings to below the Fair Usage Policy when requested.
16.4 Without affecting any other right or remedy available to it, either party may terminate the Services with immediate effect by giving written notice to the other party if:
16.4.1 the other party commits a material breach of any other term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
16.4.2 an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order in relation to the other party, or an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a receiver is appointed of any of the other party's assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's assets, or the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
16.4.3 the other party ceases, or threatens to cease, to trade.
16.5 On termination of this Agreement for any reason:
16.5.1 access to the Service is locked immediately,
16.5.2 all licences granted under these Terms shall immediately terminate;
16.5.3 each party shall return and make no further use of any equipment, property, Online Documentation and other items (and all copies of them) belonging to the other party;
16.5.4 it is your responsibility to export the Content before the Agreement terminates or expires.
16.5.5 any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination shall not be affected or prejudiced.
We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
18.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
18.2 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
18.3 If any provision or part-provision of these Terms is deemed deleted under clause 18.2 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
18.4 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.5 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms. You may not assign, transfer, charge, sub-contract or deal in any manner with all or any of its rights or obligations under these Terms without our prior written consent.
18.6 These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
18.7 Notice given under these Terms shall be by email. We are not responsible for emails to you or Team Members “bouncing” or being rejected or any other delivery failures that cannot be attributed to us. An email notice is deemed to have been received at the time of transmission.
18.8 Where the Website 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.
18.9 We may refer to you in our publicity material as being our client.
18.10 No variation of these Terms shall be valid unless it is in writing and signed by each of the parties.
18.11 These Terms are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.