Terms and Conditions

• 1. Definitions:

  • 1.1 In these Terms and Conditions the following definitions apply:-

    "Client"

    Any person using and purchasing the Services, including but not limited to: Direct Employers, Recruitment Agencies, Recruitment Outsourcing Agencies and Advertising Agencies.

    "Candidate"

    A person who uses Creativesrus.com for the purpose of finding employment.

    "Fees"

    The Fees and Charges made by Creativesrus.com as set out in the Service Agreement

    "CV"

    The curriculum vitae detailing a Candidate's education, skills, training and employment experience which is provided to Creativesrus.com by a Candidate for the purpose of being read by Clients with a view to securing employment.

    "Term of Service Agreement"

    The term of the Service Agreement will commence on the date the Client agrees to this Service Agreement, pays the fee and receives a login/ password from Creativerus.com and will expire upon completion of the Service Agreement according to the period of time the Client has paid for the Service Agreement.

    "Site"

    Creativesrus.com

    "Service Agreement"

    the Service Agreement entered into between the Client and Creativesrus.com;

    "Candidate Profile"

    The page holding the personal information, portfolio and CV of a candidate

    "Creativesrus.com"

    Creativerus Limited (Registered No. 7029746)

    "Portfolio"

    The work samples and/ or URLs provided by a Candidate to illustrate their work for the purpose of being viewed by Clients with a view to securing employment.

    "Work"

    The tasks and activities provided by the Client to the Candidate on or during the engagement of Employment.

    "Employment"

    The event of the Client engaging a Candidate in a commercial partnership of Employment

    "Vacancy/Vacancies"

    Genuine Employment opportunities that the Client is seeking Candidates for in order to fill.

    "Week"

    Each Service Agreement will be sold in blocks of one week. The Service Agreement will run for exactly 7 days. Example: a one week Service Agreement starts on Monday 1st at 10am and ends Sunday 7th at 10am. Example: a two week Service Agreement starts on Monday 1st at 10am and ends Sunday 14th at 10am.

    "Third party"

    An Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under)

    "Services"

    The Services which Creativesrus.com has agreed to provide to the Client and includes the CV Database plus any other Services which may be provided to the Client.

    "CV Database"

    The portion of Creativesrus.com that stores the Candidate profiles.

• 2. Candidate Profiles

  • 2.1. The Services are subject to any instructions given by a Candidate that his or her details should or should not be made available for Client access. In the event that Creativesrus.com has reason to believe that its Services are being abused by the Client, Creativesrus.com reserves the right to immediately suspend or terminate the Contract.
  • 2.2. Creativesrus.com cannot guarantee the number of Candidate Profiles found in any Client search of CVs on the CV Database.
  • 2.3. The Client shall ensure that no automatic extraction software or any other means, are used to facilitate the downloading or capturing of volume quantities of CVs and/ or Portfolios from the Creativesrus.com CV Database irrespective of the Service Agreement purchased.

• 3. Client's Obligations

  • 3.1. The Client hereby undertakes and warrants to Creativesrus.com:
    • 3.1.1. Not to abuse access of the Site (or any website that is, or may become linked to the Site) by any unauthorised persons, including but not limited to, the execution of user names and passwords to gain entry to the Site and the securing of information housed on the Site.
    • 3.1.2. All information supplied by the Client to Creativesrus.com is accurate and correct.
    • 3.1.3. to comply with the requirements of the Data Protection Act 1998 or relevant legislation regarding the confidentiality of a Candidate's personal information.
    • 3.1.4. Not to attempt or succeed in attempts to alter any candidate Profiles on the Site.
    • 3.1.5. Not to abuse the personal details or trust of candidates on the Site seeking employment.
    • 3.1.6. The Client has responsibility for ensuring that the use of the Services is not discriminatory or obscene or in any other way illegal or in breach of any relevant legislation.
    • 3.1.7. The Client understands that there are no proprietary rights in respect of the Site or any Candidate information held on the Site
    • 3.1.8. The Client shall indemnify Creativesrus.com against all claims made by the third parties, including but not limited to Candidates using the Site, in respect of the misuse of the data made available to Clients.
    • 3.1.9. The Client will gain from the Candidate all information necessary in order to determine suitability for employment, including but not limited to, the Candidate's qualifications and working experience as is required by law.
    • 3.1.10. The Client will ensure that the Candidate who maybe offered employment is made fully aware that any employment resulting shall be legal.
    • 3.1.11. The Client will take at least two character references from suitable persons, other than relatives of the Candidate, who are based at previous places of the Candidate's employment.
    • 3.1.12. The Client will provide the Candidate full, written details of the employment prior to the commencement of employment.
  • 3.2. The Client will:
    • 3.2.1. Only use CVs and Portfolios on the Site for the purposes of finding suitable Candidates for genuine employment vacancies.
    • 3.2.2. Ensure registration as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998.
    • 3.2.3. Keep all CVs, portfolios and information provided on Candidate profiles confidential and use such information purely for the purposes of sourcing suitable applicants for genuine vacancies.
    • 3.2.4. Obtain the express consent of a Candidate prior to the delivery of Work to be completed by them.
    • 3.2.5. Not supply, copy, re-sell or distribute any CVs, Portfolios or other information held on the Candidate Profile of the Site to any person or organisation not engaged in a contract to supply Services with Creativerus.com.

• 4. Rates

  • 4.1. The rates shall be those rates as agreed between Creativerus.com and the Client in the Service Agreement.

• 5. Payment

  • 5.1. Payment for Services will be made according to the payment terms specified in the Service Agreement.
  • 5.2. The Client agrees to pay invoices within 14 days.
  • 5.3 Where any invoice delivered in accordance with clause 5.2 remains unpaid after 14 days then all moneys owed to Creativesrus.com shall immediately become due and payable and the provisions of clause 5.5(b) shall forthwith apply to such moneys.
  • 5.4. Where Services have not been paid for upfront, Creativesrus.com will provide invoices to each Client in accordance with the terms in the Service Agreement. Liability for payment arises from the provision of the Services. All items on the invoice are required to be paid and any errors must be communicated to Creativerus.com prior to payment becoming due. Payment will be made regardless of whether an Order Number has been provided by the Client to Creativesrus.com or not.
  • 5.5 The Client agrees to pay Creativesrus.com for each item of Services for which payment is not made by the 14 day due date:
    • (a) the sum of £50.00 as an administration charge; and
    • (b) interest on the amount paid late at the rate of 5% per annum above the base rate of Barclays Bank PLC accruing from day to day (including the date on which payment was due) both before and after judgment.
  • 5.6 All Fees due are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.
  • 5.7 2 hours access (£100), 24 hours access (£250), 1 weeks access (£400), 1 months access (£550)

• 6. Liability

  • 6.1. Creativesrus.com does not guarantee any Candidate's details. Creativesrus.com accepts no responsibility as to the suitability of Candidates found on the Site.
  • 6.2. The Client shall be responsible for assessing the suitability of any Candidate and shall take up any reference provided by the Candidate before engaging any such Candidate in Employment.
  • 6.3. The Client is responsible for obtaining work, or any other permits to enable the Candidate to begin Employment with the Client
  • 6.4. The Client is responsible for the arrangements of medical examinations of any Candidate, as and when required by law.
  • 6.5. Creativerus.com does not accept liability of any description, including liability for negligence or any damages or losses, including but not limited to loss of business, profits or revenue, resulting from the Client's use of (or inability to use) the Site.
  • 6.6. Creativesrus.com makes no guarantee that the Site (or associated sites) is free from computer viruses or that the Site shall operate uninterrupted and free from error.
  • 6.7. Creativesrus.com does not accept any type of liability, however arisen, for any loss or damage caused to any Client, or any other third party, arising from any virus contained within a CV or Portfolio taken from Creativesrus.com.
  • 6.8. Creativesrus.com does not accept liability for:
    • 6.8.1. Any loss of portfolios, artwork, photographs, data or other materials that the Candidate supplies to Creativerus.com and the Candidate will be responsible for retaining copies of said material where required.
  • 6.9. The Client undertakes liability for any loss, expense or damage caused directly or indirectly by any act or omission or error of a Candidate Employed by the Client whether willful, negligent or otherwise, as if the Candidate was an employee of the Client.
  • 6.10.Creativesrus.com will not be liable to the Client or Candidate under or in connection with this agreement for:
    • 6.10.1.any failure to Introduce a Candidate; or
    • 6.10.2. loss or damage caused to the Client or any other person by the Employment of any Candidate who is unsuitable; or any loss or damage caused to the Client or any other person whether direct or indirectly caused by any act or omission of a Candidate's Employment.
  • 6.11. Where, by reason of any breach of this agreement or any breach of duty owed to the Client arising either directly or indirectly from this agreement Creativesrus.com is liable to the Client, then that liability shall be limited to the amount of the fees paid to Creativesrus.com by the Client under this agreement.
  • 6.12. Nothing in these terms and conditions shall exclude or limit either party's liability for death or personal injury caused by negligence, for fraud subject to clause 7.1, for fraudulent misrepresentation or where otherwise not permitted by law.
  • 6.13. Nothing in this agreement will authorise the Client, or its servants or agents, to act as an agent of Creativesrus.com for any purpose including, but not limited to, the Client's dealings with any Candidate.

• 7. Indemnity

  • 7.1.. The Client hereby indemnifies Creativesrus.com and holds Creativesrus.com indemnified in full against all costs, claims, losses and expenses that Creativesrus.com may incur or suffer as a result of any late payment (for the avoidance of doubt including but not limited to legal and other costs incurred in collecting the debt.)
  • 7.2. Prior to the offer of employment to a Candidate, the Client shall supply information which it is required by law to supply to the Candidate concerning any risks to health and safety known to the Client and what steps the Client has taken to prevent or control such risks.
  • 7.3. In respect of the employment of a Candidate, the Client will comply in all respects with any relevant legislation in effect at the time including but not limited to the Working Time Regulations, the Sex Discrimination Act, the Equal Pay Act, the Disability Discrimination Act and the Race Relations Act and any legal requirements to which the Client is ordinarily subject in respect of its employees, including in particular the provision of adequate Employer's and Public Liability insurance cover prior to employment.
  • 7.4. The Client hereby indemnifies Creativesrus.com and holds the Creativesrus.com indemnified in full against all costs, claims, expenses or losses relating to or arising from any breach by the Client of its obligations under this clause, including but not limited to any claim the Work Seeker may bring in a Court or Employment Tribunal arising out of Employment.
  • 7.5. The Candidate hereby indemnifies Creativesrus.com and holds the Creativesrus.com indemnified in full against all costs, claims, expenses or losses relating to or arising from any breach by the Client of its obligations in respect of payment for work that the Candidate may have carried out when employed by the Client.

• 8. Disclaimer

  • 8.1. Except as otherwise provided by statute, Creativesrus.com disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site

• 9. Governing Law and Jurisdiction

  • 9.1. The formation, existence, construction, performance, validity and all aspects of these terms and conditions and any contract incorporating them shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

• 10. Confidentiality, Data Protection and Additional Services.

  • 10.1 Creativesrus.com, Client and Candidates will keep the specific terms of their Agreement confidential and not disclose them to any third party (other than to its professional advisers and/or affiliates) without any other party’s prior written consent, except as required by law.
  • 10.2 Creativesrus.com undertakes to comply with all applicable data protection legislation. In order to maintain the integrity of the site, Creativesrus.com reserves the right to forward contact details to any regulatory or enforcement authorities when requested to do so.
  • 10.3 Clients and Candidates agree that Creativesrus.com may email with details of services, new features or announcements until the Client or Candidate provides written notice terminating such authorisation.

  11. Miscellaneous

  • 11.1 The acceptance of a Service Agreement for the provision of Services amounts to an acceptance of these Terms to the exclusion of any other terms and conditions. All changes must be made in writing by a Director of Creativerus.com.
  • 11.2 Creativesrus.com does not record or store the financial information of users.
  • 11.3 Creativesrus.com operates a no-refund policy.