Information about Nursinggig.com Website
In these Terms and Conditions of use, the following definitions apply:
'NG' or 'We' means NursingGig.Com
The terms 'You' and 'User' means all individuals and entities using the site.
'Website' means http://www.NursingGig.Com
'Client' means the Company, Employer Organisation, Hospital, Partnership, Business, Agency or Association, which purchases Services from NG;
'Contract' means a written agreement for the provision of services provided by NG which is signed by an authorised representative of the Client;
'Services' means all recruitment products and services made available by NG from time to time;
'Contract Month' means 28 days from the specified date of commencement until the Client agreement expires. For clarity, where the 16th day of the month is the commencement day, the end day will be 28 days later ;inclusive of the start date. There shall be no part days.
'Contract Term' means the duration of the agreement as specified on the Contract form.
'Written Materials' means Candidate personal data stored on our database, including proof of registration, certification, qualifications, employment, occupational health information, or other materials supplied by a candidate in support of their application for employment. This list is not exhaustive and includes any other stored material, such as e-mail correspondence stored on a candidates behalf in support of their application.
'Profile' means the personal profile created by each candidate which is updated from time to time.
'In Writing' includes typed documentation, e-mail and facsimile transmissions and other comparable means of communication.
Terms and Conditions for use of the NG Website
The following terms and conditions of use apply:
By using the NG Website candidate database and associated services, you are deemed to accept these and any other terms and conditions which specifically apply to services and information provided by third parties.
INJ may revise these Terms and Conditions at any time by updating this page. You should visit this page periodically for updates as these are binding on all users of the NG Website.
The Terms and Conditions of the INJ Website are in addition to our Standard Terms of Business.
Commencement of Services
NG will not provide any Services until receipt of a signed Contract for Services and where appropriate, a purchase order. This must be signed by an authorised representative of the client or employer.
Where clients have payment terms that require pre-payment, Services will not commence until cleared funds are received in our bank.
NG undertakes to maintain fixed prices for the duration of the Client contract. Terms agreed with the client are confidential and may not be disclosed.
Vacancies posted on the NG Site will remain live for a Contract Month. Any extension of the contract period will be charged at the published monthly rate and regarded as a new posting. Variations to this term may only be authorised by a director of NG.
Services which are not used within a contractual time period will not be carried over into successive months unless agreed in writing. The client will however, remain liable for payment for unused services.
All invoices are payable within 14 days from invoice date, unless terms state otherwise. Prices quoted are inclusive of VAT. Late payment will entitle NG to suspend its services and interest will be payable at the rate of 8%.
Termination of Contract
The NG Website Services may be terminated provided:
- The Client seeks early termination and serves written notice in accordance with the table below:
Contract Duration Notice period Up to 3 months 30 days Over three months and up to 6 months 90 days Over six months 180 days
Termination by the Client before the end of the Contract Term may, at our discretion, result in loss of discounted rates as agreed for the entire Contract Term.
- NG are in material breach of these terms and conditions and have not remedied such breach within seven days of written notice being served, specifying the breach and requiring that it be remedied, or:
- NG becomes insolvent, ceases to trade or goes into liquidation.
The Client may terminate in writing the complete provision of Services at anytime within the "Cooling off period" as specified in the Contract for Services.
Failure to terminate the services in accordance with the stated Cooling-off Period will result in the full notice of termination being in effect as outlined in the table above.
NG may terminate the provision of Services if:
- The Client is in material breach of these terms and conditions and has not remedied such breach within seven days of written notice specifying the breach and requiring that it be remedied, or
- The Client becomes insolvent, ceases to trade or goes into liquidation.
Limitation of liability
Our total liability to the Client in respect of any Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to NG for its Services.
Clients must have the necessary equipment and be connected to the appropriate services to enable their representatives to post jobs on the NG Website.
Content and Links to the NG Website
Where a client requests to link to the NG Website, advance notification must be requested in writing and approval granted. Approved links may only be directed to the NG home page. Clients may not link to any other part of our website or any other page. We reserve the right to withdraw linking permission without notice.
Clients must not establish a link to or from any website which is not owned or operated by you. Any link must point to content that is fair and legal, whilst ensuring that it does not damage the reputation of NG; or construe to suggest any form of association, approval or endorsement on our part where none exists.
If a client's advert links to another website, the client is responsible for ensuring the links and advertising content are maintained. NG may remove from the NG Website any advert which contains content or links to a website which, in our opinion, is defamatory, illegal or objectionable or will bring NG or our Website into disrepute.
Clients will indemnify NG from and against any claims or liability arising from content or links contained in their adverts. You will indemnify NG from and against any claims or liability arising from content or links contained in your adverts.
Any links provided on our Website are for information purposes only and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you wish to make any use of material on our Website(s) other than that set out above, please address your request to a director of NG.
Third party Websites
Vacancies you post on the NG Website may also appear on third party recruitment Websites pursuant to agreement from time to time between NG and the proprietors of such web Websites.
Use of the Candidate database
User Name & Password
When a client first registers with NG, a login user name and password will be issued. Clients are solely responsible for the security and proper use of their allocated password(s), which should be kept confidential at all times and not disclosed to anyone. NG must be notified immediately if these details are lost or forgotten of in possession of an unauthorised person.
We have the right to disable any user name or password if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions of Use.
Clients and their representatives are responsible for making all the necessary arrangements to access the NG Website. This responsibility extends to all persons who access our Website through the clients internet connection and these must be made equally aware of these terms and that they comply with them.
Passwords and Security
The security of candidate and client data is of paramount importance to us. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We operate a username and password system. It is your responsibility to safeguard your password and login details. Do not share this information with anyone.
Rights and Usage of the NG database
All applicable copyright and intellectual property rights in the candidate database belong to NG. You understand and acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
You may use the candidates written material from the NG Website as follows:
To use, search or download a candidates written material to your own database using the database back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wishes to fill.
Use the written materials contained in the database for the purpose of contacting candidates (either directly or through NG depending on the level of Service you have purchased) in relation to a specific job vacancy.
Use the information only in connection with your own recruitment-related activities and for no other commercial or personal purpose. You may not otherwise, copy, display, transmit or distribute any material from the NG Website.
You must NOT:
Supply, sell or license material from the NG candidate database.
Copy the NG Candidate Database to any other person including another member of your group of companies.
Download the database through any automated (e.g. "scraping") process.
Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies.
You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
Deletion of database material if position filled
You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate or if the position if filled, whichever occurs first.
The role of Www.NursingGig.Com
The NG Website operates as a venue only and does not introduce or supply candidates to recruiters (or vice versa). We do not:
- Collect sufficient information for recruiters to determine whether a candidate is suitable for a vacancy which a recruiter seeks to fill;
- Confirm the identities of prospective candidates who post their CVs on the NG Website;
- Guarantee that candidates possess the necessary experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- Confirm that candidates satisfy any requirement imposed by law or otherwise, which is required for them to be eligible to fulfil employers vacancies.
- Confirm whether a candidate is suitable or unsuitable for any vacancy.
- Confirm whether it would be in the interest of the candidate to fulfil the position of the recruiter nor do we confirm whether it would be in the interest of the recruiter to recruit the candidate;
- Provide any information about candidates to recruiters or vice-versa;
- Apply for references.
Responsibilities of the Employment or Recruitment Agency
Agency recruiters are required to ensure candidates for employment are only proposed to prospective employers for roles where they are:
NG does not propose or introduce candidates to recruiters or vice versa and it is the recruiters responsibility to satisfy the suitability of the candidate for the vacant position.
- Properly qualified;
- In possession of the appropriate levels of experience, training, qualifications and authorisation for the position to be filled;
- Has the right to take up employment in the specified country;
Recruiters should check the following:
Where professional qualifications are required or if the position necessitates candidates to work with vulnerable persons or children the recruiter should:
- The candidates identity
- That the candidate has the experience, training and qualifications to fulfil the role advertised.
- The candidates lawful authority to practice (NMC, HPC registration) in the advertised role.
- Whether the candidate complies with and legal requirements that need to be satisfied before accepting the position. (Right to Work, Leave to Remain, etc.)
Any Written Materials provided through the NG website that assists the recruiter in assessing a candidates suitability or otherwise, is meant to form a Profile of the candidate only. These written materials are not designed to be a replacement for the recruiters own background checks and NG does not claim them to be anything other than support information.
- Obtain copies of the relevant qualifications or authorisation;
- Obtain at least two professional references from individuals who are not related to the candidate
- Obtain a criminal records bureau check of the work-seeker unless this task is to be undertaken by the employer.
Advertising and Website Rules
NG will not place any adverts on the NG Website until we have received confirmation of payment for our Services.
You will be notified by email when your advert(s) have been published.
NursingGig.Com has published rules regarding the content and format of jobs posted on the NG Website. The rules are designed to ensure that users who search our Website get results which are informative and clear. You agree that NG may, at our discretion and without liability to you, remove from our Website any advert which is posted that is in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.
The Rules are:
- Clients of NG are not permitted to copy or duplicate job descriptions that are published on the website by other clients.
- Clients may not use gratuitous keywords in job descriptions or job titles. This includes inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
- Job adverts placed on our Website must be for genuine employment vacancies only and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
Adverts which appear to discriminate on grounds of sex, race or disability or any other reason are illegal and may result in proceedings being taken against both the advertiser and the publisher.
Adverts are accepted by NG on the basis that the advertiser confirms that any requirement or qualification is in compliance with any exemption available under the relevant legislation and does not discriminate illegally.
Where we believe that an advert may be discriminatory, NG may at our discretion either amend the advert or remove it from our Website without liability to the Client and to make any refund of amounts paid or due to be paid in respect of the posting or otherwise. Where such circumstance occurs, the client will be informed in writing.
Responses to Adverts
You undertake to treat applications from prospective candidates who respond to an advert both fairly and professionally.
You undertake not to do anything which may bring NG or the NG Website into disrepute. You will indemnify NG from and against any claim brought by an individual against NG arising from your breach of this obligation or any other of these terms and conditions.
Ng do not guarantee any response or volumes of applicants to Nursinggig.com to your advert placed on our Website. We cannot guarantee that candidates who respond to your advert(s) will be suitable for the position posted. It is your responsibility to carry out such investigations as are necessary to ensure that a candidate is suitable for the position advertised and that they have the required qualifications and experience required.
You must have the necessary equipment and be connected to the appropriate services to enable you to post jobs to our Website.
Content Supplied by the Client
These terms and conditions apply to all advertising campaigns ('Campaigns') and other material accepted by us for display on the NG Website. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.
To cancel or amend an order for a Campaign you must notify us either by fax or email at least two working days before the advert is to be published on the NG Website. You will be charged the full price if you fail to give the required amount of notice.
You are fully responsible for the content of material supplied by you. You must ensure that you have the right to supply it to NG and that it complies with all relevant legislation and codes of practice. If we receive complaints about any material or its content we may, at our discretion, remove the material from display without reference or liability to you.
You will indemnify NG against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the adverts you place on the NG Website comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
You are solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you will indemnify NG accordingly.
In the event that NG or any of our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign the cost of the error will be the cost of re-running the relevant Campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.
These Terms and Conditions of Use are in addition to and not in substitution for our Standard Terms of Business.
Accessing the NG Website
The material and services available on the NG Website are provided for the purpose of candidates seeking employment and career information and for employers or their representatives seeking to recruit staff.
Access to the NG Website is permitted on a temporary 'as and when required' basis and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
NG may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
You may not use the Nursinggig.com Website:
- 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.
- To post or transmit on the Website any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
- To take any action that affects our reputation or that defames, abuses, harasses or threatens others.
- For the purpose of harming or attempting to harm vulnerable sections of the community, such as young persons in any way.
- To transmit, or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 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.
Viruses, hacking and other offences
Any attempt to gain unauthorised access to the NG Website or the server on which our Website is stored or any server, computer or database connected to our Website is prohibited.
You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. Any breaches under this clause 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 Website would be terminated 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 Website or to your downloading of any material posted on it, or on any Website linked to it.
We shall use our discretion to determine your compliance with the above and shall have the right to prevent you from using the Website and/or to delete from the Website immediately and without prior notice any material that it deems not to comply or to be objectionable for any reason.
You also agree not to:
- Access without authority, interfere with, damage or disrupt any part of the NG Website; or
- Use equipment or network using software on which the NG website is stored or used in the provision of our Website; or
- Use equipment or network or software owned or used by any third party
Intellectual Property Rights
We own or license all intellectual property rights on the NG Website and in the material and contents published on it. Copyright laws and treaties around the world protect these works. All such rights are reserved.
You must not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.
You may print off one copy and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on the NG Website.
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. You must acknowledge our contribution and any other contributors as authors of material on the NG Website.
Material on our Website must not be used for commercial purposes without obtaining a license to do so from Nursinggig.com or a director of NG. Your right to use the NG Website will be terminated immediately if you breach these Terms and Conditions of Use and you must, at our discretion, return or destroy any copies of the materials you have made.
Any logos and designs used on the NG Website are registered trademarks belonging to Nursinggig.com or our parent, subsidiary or associated companies. You do not have the right to use such trademarks without our express permission.
Reliance on Posted Information
Any material posted on our Website is not intended to be construed as advice on which you should rely. All liability and responsibility arising from any reliance placed on such materials by you or any visitor to our Website is disclaimed.
Our Website is regularly updated. If the need arises, we may suspend access to our Website, or close it indefinitely. Material on our Website may be out of date at any given time, and we are under no obligation to update such material.
CVs and Job Adverts posted on the Website are provided by candidates, employers, agencies or their representatives are not reviewed by NG. We accept no responsibility or liability for the contents of CVs or Adverts and expect candidates and prospective employers to carry out such verification procedures as are customary and prudent in the circumstances.
We do not guarantee that any employer or client will ask for information about a candidate, or will interview or hire a candidate, or that any candidate will be available or will meet the needs of any employer or client.
We make no representation or warranty as to the final terms and duration of any appointment obtained through Our Website.
We give no guarantees, conditions or warranties as to accuracy of the material posted on our Website.
Transactions conducted via the NG Website
Contracts for the supply of services formed through our Website or as a result of visits made by you are governed by our standard terms and conditions of business unless agreed otherwise in writing by a director of the company.
Client Correspondence and Advertising
If you are an existing Client, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you. Any changes we make to our term and conditions in the future will be posted on this page and, where appropriate, notified to you by e-mail.
In the event that NG or any of our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign the cost of the error will be the cost of re-running the relevant Campaign.
Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. NG shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.
These Terms and Conditions of Use shall be governed by the laws of England and Wales.