Terms and Conditions

Information about us

www.workingheads.cxk.org and any of the functionalities displayed on it (our site) is a site operated by CXK, a charity registered in England and Wales with company number 04399340, charity number 1120755, and whose registered office is at The Old Court, Tufton Street, Ashford, Kent TN23 1QN.

Terms of website use

This terms of use policy (together with the documents referred to in it) tells you the terms of use on which you may make use of our site as a registered user. Use of our site includes accessing, browsing, or registering to use our site.

These terms of use, its subject matter and its formation, are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

· Our Privacy and Cookies Policy www. workingheads.cxk.org/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

The service provided by the site for jobseekers

Jobseekers are able to create a password-protected account, upload their video CV, and select the types of jobs vacancies they are interested in receiving details of.

That profile is accessible to, and searchable by, employers with accounts on the site. All employers accessing the site have job vacancies to fill. Profiles show up in an employer’s search results if the data input matches the employer’s search criteria.

The service provided by the site for employers

Employers are able to create a password-protected account, upload details of live job vacancies, and search candidates to identify those suitable for the role. The employer can view the candidate’s video CV, and choose whether to shortlist and/or invite them for interview.

Profiles show up in an employer’s search results if the data input matches the employer’s search criteria.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not print or download extracts if any page(s) from our site for your personal use. You must not use any illustrations, photographs, video or audio sequences or any graphics If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Liability and indemnity

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, breach of our obligations under DP Legislation (as defined in Our Privacy and Cookies Policy) or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

You agree to indemnify, keep us indemnified, defend and hold us harmless in full and at all times against any liability, loss, damages, costs, claims, charges and expenses (including reasonable legal fees) sustained or incurred by us including but not limited to loss of good will and/or reputation, or for which we may become liable arising directly or indirectly from your use of our site (including through any negligence), your failure to adhere to these terms or your delay in the performance of any of your obligations under these terms or from any criminal, fraudulent or negligent act or other claim relating to or in connection with the use of our site or your actions arising out of or in connection with these terms of use.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and where you are not a consumer we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods and/or services to you, which will be set out in the relevant terms and conditions of supply.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set forth by us. You may use our site only for lawful purposes. You may not use our site:

· In any way that breaches any applicable local, national or international law or regulation or encourages others to break any such law or has the purpose of doing so.

· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as set out below.

· 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.

You also agree:

· Not to reproduce, duplicate, copy or re-sell any part of our site.

· Not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

· Be in English.

· Be accurate (where they state facts).

· Be genuinely held (where they state opinions).

· Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

· Contain any material which is defamatory of any person.

· Contain any material which is profane, vulgar, obscene, offensive, hateful, inflammatory or otherwise offensive in our reasonable opinion.

· Contain or promote sexually explicit material.

· Promote violence.

· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

· Infringe any copyright, database right, trade mark or other rights (whether in intellectual property or otherwise) of any other person or legal entity.

· Infringe any contractual agreement to which you are a party.

· Be likely to deceive any person.

· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

· Promote any illegal activity.

· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

· Be likely to harass, upset, embarrass, alarm or annoy any other person.

· Infringe the privacy or confidentiality of any person or legal entity including (but not limited to) posting location and/or contact details of another person.

· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

· Promote your business, including advertising or soliciting business.

· Give the impression that they emanate from us, if this is not the case.

· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

· Be otherwise is persistently abusive, threatening, repeatedly a cause of nuisance or annoyance or otherwise illegal towards other users.

Moderation

We may operate automated or manual moderation features which may block or modify content, and we reserve the right to moderate messages between jobseekers and employers, as is deemed appropriate or necessary and at our (or the automated systems) absolute discretion based on:

· Specified words or phrases.

· Email address, domain, member ID or IP address.

· Size or type of attachments.

· Breach of the content standards set out above.

We reserve the right to edit or delete any content for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your posts and comments and other content, and that you will indemnify us and hold us harmless with respect to any claim based upon the appearance and/or transmission of your content.

Should you find any content that you feel is inappropriate or not in line with these rules, please let us know immediately. Upon receipt of such notification, we will make every effort to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular content immediately but if we agree that it should be removed, we shall do so although it may take one or more days for the content to be removed.

Any user found posting unsuitable material or breaking any of the rules may be removed and prevented from using our site.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you 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 site will cease immediately.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:

· Moderation of any of the content which you post on our site.

· Immediate, temporary or permanent withdrawal of your right to use our site.

· Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

· Issue of a warning to you.

· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

· Further legal action against you.

· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. For the avoidance of doubt you may not link to our site from any other site, the main content of which contains content which is sexually explicit; is obscene, deliberately offensive, hateful or otherwise inflammatory; promoted violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive); or is otherwise deemed unacceptable to Us.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

Where our site 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.

Service Level Agreement – Employers

1. Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between CXK Ltd. and for the provision of services and use of the web portal on the Working Heads programme.

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

This Agreement outlines the parameters of all services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

2. Goals & Objectives

The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent service and delivery by CXK Ltd as well as setting clear parameters of appropriate use and behaviour for customers/recruiters accessing and using the web portal, job seekers information within it and further contact between the employer and jobseeker.

The goal of this Agreement is to obtain mutual agreement for service provision and use between the CXK and relating to the Working Heads programme.

The objectives of this Agreement are to:

• Provide clear reference to service and data ownership, accountability, roles and/or responsibilities.

• Present a clear, concise and measurable description of service provision to the customer.

• Present clear parameters of appropriate use of the web portal and its data for recruiters using the site.

• Present guidance for appropriate contact with jobseekers through the web portal and external of the portal.

3. Stakeholders

The following Service Provider(s) and Customer(s) will be used as the basis of the Agreement and represent the primary stakeholders associated with this SLA:

CXK Ltd

Customer / Recruiter

………………………….

4. Service Agreement

The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement.

4.1. Service Scope

The following Services are covered by this Agreement;

• Use of the Working Heads Web Portal by Customer/Recruiter

• Who can access the portal representing the Customer/Recruiter

• Support provided to Customer/Recruiter with regards to using portal

• Storage of image, video or data of the jobseeker

4.2. Customer/Recruiter Requirements

Customer/Recruiter responsibilities and/or requirements in support of this Agreement include:

• To not store image or video of jobseekers outside of Working Heads web portal

• To only store any data of jobseeker in line with your own company policy adhering to current GDPR regulations

• To provide name and job title of staff accessing Working Heads portal (staff given access should be appropriate in that they are involved or responsible for the recruitment of staff.)

• To contact jobseekers through the Working Heads web portal contact system

• To make ‘shortlisting’ and ‘invite to interview decisions’ in line with The Equality Act 2010.

• A named member(s) of Customer/ Recruiter appropriate staff to update Employer Profile page, input Vacancy details and ‘shortlist’ & ‘invite to interview’ jobseekers

• To inform CXK Ltd / Working Heads if successfully recruiting a jobseeker from the use of the Working Heads programme.

• To not use the logos of CXK or Working Heads without explicit permission from CXK.

4.3. Service Provider Requirements

Service Provider responsibilities and/or requirements in support of this Agreement include:

o Provision of Working Heads web portal for Customer/Recruiter use

o Working Heads Network Manager to support with initial use of the portal

o To delete employer information from the site within 10 working days of request

4.4. Service Assumptions

Assumptions related to in-scope services and/or components include:

• Changes to services will be communicated and documented to all stakeholders.

5. Service Management

Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.

5.1. Service Availability

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

• Support from Network Manager or other available Working Heads staff to assist with the initial employer/recruiter use of the Working Heads web portal

• Email support at workingheads@cxk.org:

• Monitored 9:00 A.M. to 5:00 P.M. Monday – Friday

• Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day

By agreeing to the terms and conditions of this website, as an employer, you agree to the service level agreement outlined above.