Last updated: 01.01.2024
These Terms of Business (“Terms”) govern the use of the services provided by TopLinkCV (“TopLinkCV”, “we”, “us” or “our”) and the engagement of our recruitment, introduction and related services by any client, business or other person (“you” or “Client”).
By instructing us, engaging our services, purchasing a service, making payment, or otherwise entering into an agreement with us, you agree to be bound by these Terms.
If you do not agree to these Terms, you should not purchase or use our services.
Depending on the service purchased or agreed, our services may include:
identifying and approaching prospective candidates;
identifying and approaching prospective employers or clients;
introducing candidates to employers;
introducing businesses or prospective clients to recruitment opportunities;
candidate sourcing and screening;
arranging interviews;
facilitating communication between candidates and clients;
providing recruitment advice and support; and
other services expressly agreed with you in writing.
The precise services provided will depend on the service or package purchased and any additional agreement between TopLinkCV and the Client.
Unless expressly agreed otherwise in writing, we do not guarantee that:
a particular candidate will be placed;
a particular vacancy will be filled;
an introduction will result in an interview;
an introduction will result in employment;
a recruitment assignment will result in a placement;
a particular number of candidates or introductions will be provided; or
any particular commercial result or level of revenue will be achieved.
Recruitment outcomes depend on a number of factors outside our reasonable control, including candidate availability, employer requirements, hiring decisions and market conditions.
Where a fixed-term, retainer or other specific arrangement has been agreed, the terms of that arrangement will apply in addition to these Terms.
Unless expressly agreed otherwise, our appointment is non-exclusive. You may engage other recruitment businesses or service providers at the same time.
An Introduction may be made by:
email;
telephone;
LinkedIn or another online platform;
a meeting;
video conference;
an application or CV;
a referral; or
any other reasonable means of communication.
An Introduction remains attributable to TopLinkCV where the resulting business or recruitment opportunity is subsequently conducted through another individual, department, subsidiary, group company or associated entity, provided that the opportunity arose substantially from our Introduction.
If you believe that an introduced candidate, client or organisation was already known to you or was already an active contact or prospect, you must notify us promptly and, where reasonably practicable, within 5 business days of the Introduction.
If you do not notify us within that period, the Introduction may be treated as an introduction made by TopLinkCV.
provide us with accurate and complete information relevant to the services;
provide timely responses to candidates, prospective clients and other contacts introduced by us;
provide accurate information regarding vacancies, roles, requirements, remuneration and working conditions;
inform us promptly of any material change to a vacancy or recruitment requirement;
deal professionally and lawfully with candidates and contacts introduced by us;
comply with all applicable employment, recruitment, discrimination, data protection and other relevant legislation;
provide reasonable feedback regarding candidates and introductions; and
pay all fees and charges due under these Terms or any separate agreement.
You remain responsible for your own recruitment, hiring and commercial decisions.
You are responsible for carrying out any checks you consider necessary before employing or engaging a candidate, including, where applicable:
identity checks;
right-to-work checks;
references;
qualifications;
professional registrations;
criminal record checks;
employment history;
background checks; and
any other checks required for the relevant role.
We will use reasonable care when providing information supplied to us, but you remain responsible for satisfying yourself that a candidate is suitable for the position.
Fees may include:
recruitment fees;
placement fees;
retainers;
subscription or service fees;
introduction fees;
agreed success fees;
administration charges; or
other charges expressly agreed with you.
Unless otherwise agreed in writing, invoices are payable within [14/30] days of the invoice date.
Where payment is required in advance, we are not required to commence or continue the relevant service until payment has been received.
All prices are stated [inclusive/exclusive] of VAT, where applicable.
If a payment remains overdue, we reserve the right to:
suspend or stop providing services;
withhold further introductions;
require payment before recommencing services; and
charge interest or other amounts permitted by applicable law.
Unless expressly agreed otherwise, payment of a retainer does not guarantee:
a minimum number of introductions;
a minimum number of candidates;
a placement;
a recruitment assignment;
a particular amount of revenue; or
any other specific commercial outcome.
A retainer is therefore not a payment solely for successful placements or successful introductions.
Where a retainer is agreed for a fixed period, the applicable payment and cancellation terms will be confirmed at the time of purchase.
Where an Introduction results in a recruitment assignment, placement or commercial relationship, TopLinkCV may remain entitled to the agreed fee where the resulting transaction occurs after the original Introduction, provided that the transaction arose substantially from that Introduction and falls within any applicable agreed fee period.
Unless expressly agreed otherwise, the obligation to pay an agreed recruitment or success fee is not removed merely because the Client subsequently deals with the introduced person or organisation through another employee, department, company or intermediary.
Where a service has already been substantially performed, the Client will generally not be entitled to a refund merely because the Client subsequently decides that it no longer requires the service or because the desired recruitment or commercial outcome has not been achieved.
This is because recruitment and introduction services involve time, expertise, work, professional relationships and resources which may be committed before a successful outcome occurs.
9.2 Retainers
Unless otherwise expressly agreed in writing, retainers paid to TopLinkCV are non-refundable once the relevant retainer period or services have commenced.
This includes circumstances where:
no placement is ultimately made;
no recruitment assignment results from an Introduction;
an introduced business does not proceed;
a candidate does not accept an offer;
a candidate withdraws from a process;
a client changes its recruitment requirements; or
the Client decides that it no longer wishes to use the service.
Where a Client terminates a retainer in accordance with an agreed notice period, fees properly accrued up to the termination date remain payable.
Where a retainer has been paid in advance, any refund will be considered only where required by applicable law or where TopLinkCV expressly agrees otherwise in writing.
9.3 Recruitment Fees
Where a recruitment or placement fee becomes payable following a successful placement, the fee is not refundable simply because the Client later decides that the candidate is unsuitable or because circumstances subsequently change, except where a separate replacement or rebate guarantee applies.
Where we have expressly agreed a replacement guarantee or rebate period in writing, the terms of that guarantee will apply.
A replacement guarantee does not automatically constitute a cash refund. Depending on the agreement, our obligation may instead be to use reasonable endeavours to provide a replacement candidate.
9.4 Services Not Yet Commenced
If a service has been paid for but TopLinkCV has not commenced providing the service, we may consider a refund on a case-by-case basis, subject to:
the terms of the relevant service;
any cancellation rights applicable by law;
any costs already incurred; and
whether the service was purchased as a fixed-term or non-refundable service.
9.5 Duplicate or Incorrect Payments
If you make a duplicate payment or pay an amount in error, please notify us as soon as reasonably possible.
Subject to verification, we will normally refund a genuine duplicate or erroneous payment to the original payment method.
9.6 Refund Requests
Refund requests should be submitted to:
Email: info@toplinkcv.com
The request should include:
your name or company name;
invoice or transaction reference;
date of payment;
amount paid;
reason for the refund request; and
any supporting information.
We will review the request and respond within a reasonable period.
Nothing in this refund policy excludes or limits any statutory rights which cannot lawfully be excluded or limited.
Unless otherwise agreed, either party may terminate for material breach where the breach is capable of remedy and is not remedied within 14 days of written notice requiring it to be remedied.
We may terminate or suspend services immediately where:
you fail to make payment when due;
you provide materially false or misleading information;
continuing to provide the service would, in our reasonable opinion, create a legal or regulatory risk;
you behave abusively, threateningly or unlawfully towards our staff, candidates or business contacts; or
you become insolvent or cease trading.
Termination does not affect any rights, fees or obligations which accrued before termination.
Any Introduction made before termination may continue to give rise to applicable fees or other payment rights in accordance with these Terms or the applicable agreement.
Where an Introduction made by TopLinkCV results in a recruitment placement, assignment or commercial relationship, any applicable agreed fee remains payable notwithstanding that the subsequent transaction is arranged directly between you and the introduced party.
This provision applies for the period specified in the applicable fee agreement and, where no specific period has been agreed, for 12 months from the relevant Introduction.
Confidential information may only be disclosed where:
required by law;
necessary to provide the agreed services;
authorised by the other party; or
the information is already lawfully in the public domain.
This obligation continues after the relationship between the parties ends.
Personal information may be processed for purposes including:
providing recruitment services;
communicating with candidates and clients;
making introductions;
managing applications;
maintaining business records;
administering payments and invoices;
complying with legal obligations; and
pursuing legitimate business interests where legally permitted.
Clients are responsible for ensuring that their own processing of personal data following an Introduction complies with applicable data protection legislation.
Further information about how we collect and use personal data is contained in our Privacy Policy.
methodologies;
databases;
systems;
processes;
templates;
know-how;
marketing materials;
proprietary materials; and
pre-existing intellectual property.
You may use information supplied by us solely for the purpose for which it was provided and in accordance with applicable law.
You must not copy, reproduce, sell, distribute or commercially exploit our proprietary materials without our prior written consent.
We do not warrant that every piece of third-party information will remain accurate or current at all times.
You should independently verify information where the accuracy of that information is material to a hiring, employment or commercial decision.
We do not guarantee:
that a vacancy will be filled;
that a candidate will accept an offer;
that a candidate will remain employed;
that an employer will proceed with a candidate;
that an Introduction will result in business;
that a client will receive a particular financial return; or
that any particular number of Introductions, interviews, applications or placements will occur.
Subject to the above, TopLinkCV will not be liable for indirect or consequential losses, loss of profit, loss of revenue, loss of business, loss of opportunity or loss of anticipated savings arising from the services, except where such liability cannot lawfully be excluded.
To the extent permitted by law, our total aggregate liability arising from a particular service or agreement shall not exceed the total amount paid by the Client to TopLinkCV for that service during the 12 months preceding the event giving rise to the claim.
Nothing in these Terms affects any statutory rights available to you.
This may include, for example:
changes in legislation;
government action;
strikes;
industrial disputes;
internet or telecommunications failures;
illness or incapacity;
cyber incidents;
platform outages;
natural disasters;
war or civil unrest; or
significant changes in market conditions.
Where reasonably possible, we will notify you of any significant disruption affecting the services.
TopLinkCV may provide recruitment, introduction or consultancy services to other businesses, including businesses operating within similar sectors, provided that we comply with our confidentiality and other legal obligations.
You must not:
use the website fraudulently or unlawfully;
attempt to gain unauthorised access to our systems;
interfere with the operation or security of the website;
copy or reproduce website content without permission;
introduce malicious software; or
use information obtained from the website to unlawfully contact, harass or exploit another person.
We may suspend or restrict access to the website where reasonably necessary for security, maintenance or legal reasons.
Website content is provided for general information and does not constitute professional, legal, financial or employment advice unless expressly stated otherwise.
Such links are provided for convenience only. We are not responsible for the content, availability, security or privacy practices of third-party websites.
You should review the terms and privacy policies of third-party websites before using them.
Complaints should be sent to:
TopLinkCV
Email: info@toplinkcv.com
Telephone: 0800 002 5177
Please provide sufficient information for us to identify your account, service or transaction and explain the nature of your complaint.
We will review complaints fairly and respond within a reasonable period.
The latest version will be published on our website with the relevant “Last updated” date.
Where you have entered into a separate written agreement with us, changes to these website Terms will not automatically amend that separate agreement unless expressly agreed.
If there is a conflict between these Terms and a separately signed agreement, the separately signed agreement will take precedence in relation to the specific matter covered by it.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.
You may not transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.
The courts of England and Wales shall have jurisdiction over disputes arising in connection with these Terms, subject to any mandatory rights or protections which apply to a consumer or other party under applicable law.
Company name: Partners of REM Associates
Email: info@toplinkcv.com
Telephone: 0800 002 5177
Refund Policy – Summary
For convenience, our general refund position is:
Retainers: Normally non-refundable once the service has commenced.
Services already substantially performed: Normally non-refundable.
Recruitment/placement fees: Subject to the specific recruitment agreement and any replacement or rebate guarantee agreed in writing.
Duplicate or mistaken payments: Normally refundable once verified.
Services not yet commenced: A refund may be considered, subject to the applicable agreement, costs incurred and applicable law.
Statutory rights: Nothing in this policy removes or restricts rights that cannot legally be excluded.
Where a specific service agreement contains different refund, cancellation, rebate or replacement provisions, those provisions will apply to that service.
Last updated: 01.01.2024
Built by recruiters, TopLinkCV helps you stand out with expertly written CVs, LinkedIn profiles, and job materials. Professional, fast, and tailored to get you interviews.
Partners of REM Associates – Recruitment in Executive Management
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