To be accepted by each employer (“the client”) before employment advertisements can be posted or CVs searched via the website www.fruitfuljobs.com (“the advertising services”).

The advertising services are offered by Fruitful Ltd, Evesham Distribution Centre, Unit 3, Honeybourne Industrial Estate, Honeybourne, Evesham, Worcestershire WR11 7QF (“Fruitful Ltd”).

Before the client is entitled to use the advertising services the client must read and accept the Terms and Conditions set out in this agreement by clicking the ‘accept’ button at the end of this agreement. By clicking the ‘accept’ button the client agrees to be bound by the Terms and Conditions of the agreement. After acceptance has occurred, the client is authorised to receive and use the advertising services in accordance with this agreement.

1. The Advertising Services Terms and Conditions of use may be varied at any time online with immediate effect and your continued use of the service offered by Fruitful Ltd means you agree to the varied terms. For the avoidance of doubt, each use of the advertising services via ww.fruitfuljobs.com (the “website”) shall be further subject to the Website Usage Terms and Conditions published from time to time on the website except that in the event of any conflict between the terms of this agreement and the Website Usage Terms and Conditions the terms of this agreement shall prevail.
2. By submitting a vacancy, the client is authorising Fruitful Ltd to post such vacancy and submit candidates in accordance with the client’s criteria. Fruitful Ltd will act as an agency for the client but shall have no authority to enter into contracts with candidates on their behalf.
3. The client is responsible for the content and details of the vacancy posted and will indemnify Fruitful Ltd against any claim, loss, liability expense and/or damage (“losses”) in connection therewith. .
4. The client shall provide sufficient details about the vacancy to the candidates including, without limitation, the client’s identity, the nature of the business, the nature of the role, the type of work to be performed, the experience, training and qualifications considered necessary for the worker to possess, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment, the expenses and benefits payable, and the notice periods required to be given and received. The client shall not falsely identify the party on whose behalf the posting is made.
5. Fruitful Ltd does not guarantee that the client will receive any responses to its displayed job vacancies. Nor does it guarantee the suitability of any candidate responding to such vacancies posted or the accuracy of any individual details relating to candidates submitted to the client.
6. The client agrees to notify Fruitful Ltd in writing immediately upon employing the first candidate for whom they received contact details and/or an introduction from Fruitful Ltd (“Employment Notice”). The client will be liable for and agrees to pay the fees to Fruitful Ltd, under clause 8 below (the “Fee(s)”).
7. The fees will still be payable if the individual is employed in a different role to the one advertised and/or within 12 months of the advertisement date. .
8. All Fees are in pounds sterling (unless stated) and net of value added tax (VAT). VAT is due and payable on all Fees. The advertising services for permanent work shall be provided to the client in consideration of a Fee of £450.00 (plus VAT) or as changed from time to time without notification by publication of the updated Fee on the website. The advertising services for seasonal work shall be provided to the client in consideration of Fees as are agreed between the parties on a case by case basis in accordance with guidelines published on the website and such guidelines may be changed from time to time without notification by publication of the updated guidelines on the website.
9. All Fees paid by the client to Fruitful Ltd under this agreement are non-refundable.
10. Fruitful Ltd will invoice the client for the fees two weeks after the candidate is employed by them for whom the client received contact details and /or an introduction from Fruitful Ltd. The client shall be invoiced regardless of whether or not an Employment Notice under clause 6 is actually received by Fruitful Ltd. Payment terms are 30 days from invoice date.
11. Fruitful Ltd may immediately delete, suspend or refuse to accept further adverts from clients who do not make payment in the agreed terms or who are in breach of these Terms and Conditions. Fruitful Ltd reserves the right to remove any advertisement at any time without reason. Advertisements that may be removed could include, but are not limited to, those that Fruitful Ltd considers illegal, discriminatory (including but not limited to race, sexual preference, religion, colour, age, marital status, sex, national origin, handicap or disability,) or inappropriate, those that directly require or ask for application or registration fees, those that include contact details of any kind or those that are grammatically incorrect.
12. Fruitful Ltd is responsible for obtaining confirmation of the candidate’s identity, willingness to work, experience, training, qualifications and authorisations required by the client, by law or by any relevant professional body for the vacancy. The client is responsible for verifying the above information and obtaining confirmation of the eligibility of the candidates to work in the country or conditions in which the candidate will be required to work. Fruitful accepts no responsibility for the content of applications or for ensuring that a candidate may lawfully work in the country or conditions of the client.
13. Where Fruitful Ltd receives any information or has reasonable grounds to believe that the candidate is not suitable for the position, it shall inform the client without delay.
14. Each advertisement or CV will first appear on the website no later than 3 working days after submission on-line, by telephone, fax or email once the content has been evaluated by Fruitful Ltd. Working days are defined as Monday to Friday between 9am and 5pm, excluding UK Bank Holidays. The first day of the advertising period is the first day the advertisement appears on the website.
15. Each advertisement expires a variable number of weeks after it is posted on www.fruitfuljobs.com. The employer selects the number of weeks when the job is posted. Postings are removed upon expiration or upon written request from the employer.
16. The client will comply with the provisions of the Data Protection Act 1998 in relation to all candidates’ details and indemnify Fruitful Ltd against any losses in connection therewith.
17. The client will comply with all anti-discrimination legislation including but not limited to the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995. The client will indemnify Fruitful Ltd against any losses herewith.
18. The client, if an employment agency or an employment business as defined in the conduct of Employment Agencies and Businesses Regulations 2003 (“the regulations”), will comply with the provisions of the regulations and the Employment Agencies Act 1973 in relation to all vacancies posted on the website, communications with candidates and management of candidate’s details and indemnify Fruitful against any losses in connection therewith.
19. The client cannot post any vacancies where there is a risk to the health and safety of any candidate at the location where the work will be carried out.
20. Any breach of the terms of this agreement shall entitle Fruitful Ltd to terminate the client’s use of the advertising services on written notice to the client and to immediately remove any existing advertisement of the client’s from the website.
21. This agreement shall be governed by and construed in accordance with English Law and the parties hereto agree to submit to the exclusive jurisdiction of the English courts.