Terms and Conditions

Welcome to Hiperpool, the online job marketplace for high-potential business talent. This Service is provided by Hiperpool Limited (“Hiperpool”, “we” “our”, or “us”).

These Terms of Use (the “Terms”) govern your use of Hiperpool.com and all associated web pages, (together, the “Site”), and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by Hiperpool (the “Services”).

1. Hiperpool Terms of Use

1.1 These terms of use explain how you may use our Site.

1.2 You should read these terms and conditions carefully before using the Site.

1.3 By accessing or using this Website or otherwise indicating your consent to these terms constitute a legally binding agreement (the “Agreement”) between you and Hiperpool in relation to your use of the Site and Services (together, the “Platform”), you agree to be bound by these terms and conditions and the documents referred to in them.

1.4 By accessing or using the Platform, registering an account as a Candidate or Employer or by viewing, accessing, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood these Terms of Use, Privacy Policy, will abide by them, and that you are either 18 years of age or more. If you do not agree with or accept any of these terms, you should stop using the Site immediately.

1.5 If you have any questions about the Site, please contact info@hiperpool.com.

1.6 Definitions

‘Candidate (s)’ means a user registered on the Site for the purpose exploring new job opportunities

'Content' means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site, in particular personal details, curriculum vitae, links to other websites, references or other relevant information;

‘Contract’ means the agreement between Hiperpool and the Employer subject to these terms and conditions.

‘Employer(s)’ means a user or Company registered on the Site for the purpose of recruiting a Candidate for a particular role.

‘Client Executive’ means any employee of Hiperpool designated as such and responsible for the day to day management of an Employer's account.

‘Fee’ means the fee set out in Clause 4

‘Interview Invitation’ means a non-binding offer to attend an interview after which the Candidate will be subject to the Employers standard recruitment processes.

‘Job Offer’ means an offer of employment by the Employer to the Candidate consisting of the terms of engagement and scope of role, remuneration and conditions of employment.

‘Job Notification Form’ means the document signed by the Employer stating that a Candidate has accepted a Job Offer and stipulating the final agreed terms of such employment for the purpose of Hiperpool calculating the Fee due to it.

‘Partner Employer’ means an Employer who is a regular user of the Site, who qualifies for and has been accepted for partnership status in relation to our Services.

'Website privacy policy' means the policy http://hiperpool.com/privacy , which governs how we process any personal data collected from you;

'We, us or our' means Hiperpool Limited, company registration number 09281067and whose registered office is at Flat 3, 75 Egerton Gardens, London, SW3 2BY

'You or your' means the person accessing or using the Site or its Content.

1.7 Your use of the Site means that you must also comply with our Privacy policy and our Cookie policy.

2. Registering on the Site

2.1 The Site is for your personal use only.

2.2 By registering on the Site, you agree and undertake as follows:

2.2.1 That all information you provide is true, accurate, current, and complete information about yourself as requested in the Profile; and

2.2.2 To maintain and promptly update your Profile to keep it true, accurate, current and complete.

2.2.3 That you shall not create an account using a false identity or information, or on behalf of someone other than yourself.

2.2.4 You agree that you shall not have more than one account.

2.2.5 You agree not to create an account or use the Site or Service if you have been previously removed by Hiperpool, or if you have been previously banned from the Site or Service.

2.3 We may review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. Hiperpool reserves the right to request any details, clarification or other identity documents and make any modifications or amendments to your profile at its sole discretion. We may also allow you to use a third party service such as LinkedIn to register.

2.4 Whether you are an Employer or Candidate, you shall not have access to the full Services on our Site until your Profile is complete and has been accepted by us. We reserve the right to accept or decline any Employer or Candidate that does not have a complete profile or does not meet any requirements specified by us from time to time. Please refer to our FAQ page for the current registration requirements.

2.5 You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorised by you.

2.6 If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorised third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.

2.7 We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

2.8 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@hiperpool.com

2.9 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms of use, any terms or policies to which they refer or any applicable law.

3. Our Platform and Services

3.1 The Platform is an online marketplace. We do not act as recruiter, head-hunter or agent, all contracts of employment are between an Employer and Candidate and Hiperpool shall not be bound by any such contracts of employment.

3.2 Candidates may upload their personal details, curriculum vitae, images, links to other websites, references or other relevant information (“Content”) to a Profile on the Platform which will be stored by Hiperpool on third party servers, e.g. Amazon Web Services, Filepicker.

3.3 As a Candidate, your Content may be shared and distributed using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere.

3.4 Your Content will be shared only with specific employers. Before sharing your Content with a specific employer, Hiperpool will request your consent.

3.5 Once you have given your consent to share your profile with a specific employer, the employer shall have access to the full details in your Profile.

3.6 In using the Services, both the Employer and Candidate agree and undertake:

3.6.1 not to disclose any details of the Interview Invitation or any Job Offer to any third party

3.6.2 to notify us immediately on acceptance of any Job Offer and shall provide a copy of the Job Offer [signed by both parties].

3.6.3 to sign a Job Notification Form specifying the terms of employment

3.6.4 to give notice as soon as reasonably practical if the employment is terminated for any reason within 90 days of the Employee’s start date.

3.7 The Employer agrees and undertakes not to attempt to circumvent our Site and Service by independently attempting to hire the Candidate through alternative means after discovering the Candidate on our Site or through the Service and if it does this would be a material breach of these terms.

3.8 The employer agrees to notify Hiperpool if they have been undergoing an active recruitment process (see 4.7 for definition) with a candidate prior to receiving the candidate’s Profile details as per 3.5.

3.9 If the Candidate accepts the Job Offer and is recruited, the Employer shall pay the Fee in accordance with Clause 4.4 below.

3.10 We may, from time to time, release new tools and resources on the Site, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

4. Our Fees and Payment for the Service

4.1 To access the Platform and use the Service you need to register on the Site.

4.2 The Service is free to Candidates.

4.3 Employers may use the Service to find Candidates for free. Only when a Candidate, discovered through the platform, accepts a job offer from the Employer and commences work will a Fee be due to Hiperpool.

4.4 When a Candidate signs the job offer, the Employer shall inform Hiperpool of the details of the offer and shall pay a one-off success fee equal to 18% of the employee’s first year base salary to be paid within 15 days of the Candidate’s start date. The minimum fee amount is set at £10,000 irrespective of the employee’s first year base salary. The fee is refundable if the employee leaves the firm within 90 days of joining.

4.5 In some cases, Hiperpool might grant the option to pay a monthly success fee. Please speak with your Client Executive if you would like to know more. The decision to grant a monthly fee is at the absolute discretion of Hiperpool.

4.6 The payment option shall only be agreed when accepted or signed by Hiperpool.

4.7 In the case of freelance/project engagements, the success fee is 18% of total compensation paid to a candidate within 24 months of the candidate commencing employment with the employer. The employer must inform Hiperpool within 15 working days every time a Candidate recommences a new period of freelance/project employment with the employer following the initial employment contract. If a candidate goes into permanent employment with the employer, following or during their interim employment, a further success fee for permanent employment will be due. The fee will be invoiced monthly.

4.8 No Fee shall be due to Hiperpool where an Employer can show that a Candidate was known to the Employer and was in an active process prior to the Employer viewing the Candidate on the Platform. Hiperpool reserves the right to request any documentation to evidence that the Candidate was known to the Employer. However, the final determination as to whether a Fee is owed by the Employer for an accepted Job Offer will be at the sole discretion of Hiperpool. For the purposes hereof, Active Process shall mean continuous direct, back forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to viewing the candidate's Profile on the Site or Service for a Candidate that exists in Employer’s applicant tracking system or that was submitted by a recruiting agency. This clause shall not apply where the Employer initiates and Interview Invite through the Platform.

4.9 If Hiperpool becomes aware of a Candidate on its Platform being employed by an Employer who would not have known the Candidate had the Employer not used the Platform, Hiperpool shall invoice the Employer a one-off success fee equal to 25% of the Candidate’s 1st year base salary and may in its absolute discretion terminate the Employers account.

4.10 Payment is due for any candidate introduced by Hiperpool to the employer, for permanent or freelance/project employment, who starts an application or interview process for any job with the employer– not just the one for which they were originally introduced by Hiperpool–within 12 months of introduction by Hiperpool and goes on to accept a job offer.

4.11 Candidate profiles are confidential. If an employer (or any of its employees involved in the recruitment process) discloses a candidate’s details to any third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in a hire of the candidate by the third party within 12 months of the original introduction date on this site, then the employer needs to pay the success fee to Hiperpool as set out in 4.7.

4.12 The payment option in clause 4.4 shall not apply where an Employer has been approved as a Partner Employer and is subject to alternative payment terms. An Employer may apply for Partner Employer status at any time, subject to any conditions imposed by Hiperpool from time to time. For information on how to apply for Partner Employer status please e-mail us at info@hiperpool.com.

4.13 Hiperpool shall invoice the Employer and the Employer shall pay each invoice submitted by Hiperpool:

4.13.1 within 15 days of the date of the invoice; and

4.13.2 in full and in cleared funds to a bank account nominated in writing by Hiperpool, and time for payment shall be of the essence of the Contract.

4.14 If the Employer is paying according to clause 4.5, payment shall be taken by Direct Debit. Hiperpool reserve the right to charge a fee for non-direct debit payments, or for cancelled Direct Debit Mandates.

4.15 All amounts payable by the Employer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by Hiperpool to the Employer, the Employer shall, on receipt of a valid VAT invoice from Hiperpool, pay to Hiperpool such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

4.16 If the Employer fails to make any payment due to Hiperpool under the Contract by the due date for payment, then the Employer shall pay interest on the overdue amount at the rate of 3% per cent per annum above Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Employer shall pay the interest together with the overdue amount.

4.17 The Employer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Hiperpool may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Employer against any amount payable by Hiperpool to the Employer.

4.18 After a Candidate receives a Job Offer and commences employment with the Employer, Hiperpool shall pay the Candidate a £500 reward fee within 120 days following successful completion of any probation period.

5. Prohibited Use of our Services

5.1 You must not copy, rip or capture, alter or remove any watermark or attempt to copy, rip or capture, alter or remove any audio Content, watermarked or otherwise, from the Platform or any part of the Platform, other than allowed by the Registered User.

5.2 You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is your Content, or (ii) as permitted under these Terms of Use.

5.3 You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

5.4 You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, send messages, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.

5.5 You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).

5.6 You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

5.7 You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

5.7.1 any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in our reasonable discretion;

5.7.2 any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

5.7.3 any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or

5.7.4 any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.

We reserve the right to immediately remove any Content that is deemed to violate these aforementioned conditions.

5.8 You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

5.9 You must not rent, sell or lease access to the Platform, or any Content on the Platform.

5.10 You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

5.11 You must not sell or transfer, or offer to sell or transfer, any registered account to any third party without the prior written approval of Hiperpool.

5.12 You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Hiperpool; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorised to access; attempt to scan or test the vulnerability of Our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of ours under these Terms of Use, We reserve the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

6. Grant of Licences

6.1 Subject to your strict compliance with these terms, Hiperpool grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Platform

6.2 If you are registered user of our Services, and subject to your strict compliance with these Terms of Use, Hiperpool grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:

6.2.1 submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;

6.2.2 use our Apps and other Services provided as part of the Platform or Site strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.

6.3 If you are registered on our Site as an Employer, you grant us a royalty free, non-exclusive licence to use your trade mark(s) to identify your company on the Platform

7. Breach of these Terms or Infringement of any rights

7.1 You agree to comply with the above conditions, and acknowledge and agree that we have the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities;

7.2 Hiperpool, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

8. Ownership, use and intellectual property rights

8.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms of use. This means, for example, that we remain owners of them and free to use them as we see fit.

8.2 Nothing in these terms of use grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

8.3 Trade marks: HIPERPOOL and HIPERPOOL logo are our trademarks. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

9. Submitting information to the Site

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.

10. Accuracy of information and availability of the Site

10.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

10.2 We may suspend or terminate operation of the Site at any time as we see fit.

10.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

10.4 Hiperpool is not responsible for and does not carry out any background checks or confirm the accuracy of any Candidate information. The Employer undertakes to carry out its own checks during the interview process and confirm that the Candidate is suitable before making an Offer.

10.5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

11. Hyperlinks and third party sites

11.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms of use of that third party site.

12. Indemnity

12.1 You agree to indemnify, hold harmless, and keep Hiperpool, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms of Use, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms of Use or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You will cooperate as fully and reasonably as required by Hiperpool in the defence of any claim. Notwithstanding the foregoing, Hiperpool retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Hiperpool herein under the terms and provisions of this Clause 12 and in no event shall you settle any such claim without Hiperpool 's prior written approval.

13. Limitation on our liability

Our liability if you are an Employer (Business)

13.1 Nothing in these Terms limits or excludes our liability for:

13.1.1 death or personal injury caused by our negligence;

13.1.2 fraud or fraudulent misrepresentation;

13.2 Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

13.2.1 any loss of profits, sales, business, or revenue;

13.2.2 loss or corruption of data, information or software;

13.2.3 loss of business opportunity;

13.2.4 loss of anticipated savings;

13.2.5 loss of goodwill; or

13.2.6 any indirect or consequential loss.

13.3 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £8000 OR 90% of the Fee paid in accordance with clause 4.

13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Candidates or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Candidate(s) are appropriate for your business purposes.

Our liability if you are a Candidate

13.5 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.6 We do not in any way exclude or limit our liability for:

13.6.1 death or personal injury caused by our negligence;

13.6.2 fraud or fraudulent misrepresentation;

14. Events beyond our control

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

15. Rights of third parties

No one other than a party to these terms of use has any right to enforce any of these terms of use.

16. Variation

These terms are dated February 24, 2016. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms of use from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms of use from time to time to verify such variations.

17. Disputes

17.1 We will try to resolve any disputes quickly and efficiently. If a dispute arises out of or in connection with these Terms or the performance, validity or enforceability of the Contract (Dispute) then the parties shall follow the procedure set out in this clause:

17.1.1 either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the Client Executive of Hiperpool and the Candidate or Employer shall attempt in good faith to resolve the Dispute;

17.1.2 if the Client Executive of Hiperpool and Candidate or Employer are for any reason unable to resolve the Dispute within 30 days of service of the Dispute Notice, the Dispute shall be referred to the Chief Executive Officer of Hiperpool who shall attempt in good faith to resolve it.

17.2 If you are unhappy with the way we deal with any dispute and the Dispute has not been resolved with in [120 days], the relevant courts of the UK will have exclusive jurisdiction in relation to the Terms of Use. Relevant UK law will apply to these Terms of Use.

18. Other important terms

18.1 We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.

18.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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