Terms of Business for Consultants
Liberty Hive Ltd (“Liberty Hive”, “we”, “us”, “our”) is a company registered in England and Wales under company number 12498743. Our registered address is 82 St John St, Farringdon, London EC1M 4JN.
These consultant terms (together with the documents referred to in them) (“these Terms”) set out the terms on which you register for and use your account with us, whether through our website (www.libertyhive.com) (“Website”) or our mobile application (“App”) (together the Website and the App being the “Platform”), for the purposes of receiving our services, information about work opportunities (each an “Assignment”), and introductions to prospective clients (“Clients”) seeking new hires (together the "Services").
Please tick the relevant box to indicate that you agree to these Terms when you sign up. If you do not agree to these Terms, you are not permitted to sign up. Your signing up with us indicates your acceptance of these Terms. We recommend that you print or save a copy of these Terms for future reference.
1. Other Applicable Terms
1.1. These Terms refer to the following additional terms, which also apply to your use of the Services and which are incorporated into these terms by reference:
2. Registering for an Account
2.1. If you are a consultant seeking to receive the Services via the Platform (a “Consultant”) you will need to register and create an account with us through the “Consultant” section of the Platform and create a profile (“Profile”).
2.2. In order to register and set up your account and set up your profile:
2.2.2. you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Platform, we may require you to change your password or we may suspend your account.
2.3. Once you have registered, you may:
2.4. You are solely responsible for the form, content and accuracy of any content (including without limitation any information relating to your experience and qualifications) submitted to the Platform. You agree to ensure that your details provided on registration, and any information submitted through your Profile is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.
2.5 Any data relating to your criminal convictions or offences or related security measures needs to be raised at time of registration. It is the Consultant's responsibility to share this. Please contact us at firstname.lastname@example.org if you are in any doubt about this.
2.6. By creating a Profile, you consent to the inclusion of your details on the Platform so that Clients can consider your for Assignments.
2.7. During any periods when you are unavailable to be put forward as a consultant for any job, you must update your availability in your Profile in accordance with term 2.3.2.
2.8. You agree to notify us immediately of any changes which are relevant to your Profile by informing us through the Platform where possible or otherwise by emailing us at: email@example.com.
2.9. You can disable, delete, and/or remove your Profile via the “Preferences” section of the Platform. This shall not affect your statutory rights.
3. Available Services
3.1. The Services provided to you, as set out in this term 3, shall be provided by Liberty Hive.
3.2. The Services include:
3.2.1. use of the Platform to help you find Assignments, be introduced to Clients, and receive offers of Assignments and interviews for Assignments from Clients;
3.2.2. services and management tools to enable you to search for Assignments via the Platform;
3.2.3. the ability for you to be searched (according to the level of privacy selected by you in the “Preferences” section of the Platform) by Clients searching for hires for Assignments, through the database of Consultants registered on the Platform;
3.2.4. the ability to be selected and proposed as an available consultant for specific Assignments posted on the Platform by Clients;
3.2.5. the provision of ‘Job Alerts’ which contain details of new Assignments posted on the Platform;
3.2.6. the provision of updated online notifications of promotions on the field of recruitment and training (subject to your consent to receive such communications); and
3.2.7. the communication to you of other services that we create and consider may be of interest to you, such as advice, training, professional networking, forums, access to third party services or those offered by other companies under our umbrella organization (subject to your consent to receive such communications where applicable).
3.3. WE CANNOT GUARANTEE THAT YOUR USE OF THE PLATFORM AND/OR OUR PROVISION OF THE SERVICES WILL RESULT IN YOU BEING HIRED FOR AN ASSIGNMENT. WE WILL NOT BE LIABLE TO YOU IF THE USE OF THE PLATFORM AND/OR OUR PROVISION OF THE SERVICES DOES NOT LEAD TO YOU BEING HIRED FOR AN ASSIGNMENT.
3.4. IN ADDITION TO TERM 3.3 ABOVE, YOU HEREBY ACKNOWLEDGE THAT THE NATURE OF THE WORK MARKET MEANS THAT THERE MAY BE PERIODS WHEN NO SUITABLE WORK IS AVAILABLE. YOU AGREE THAT SUITABILITY OF AN ASSIGNMENT SHALL BE DETERMINED BY THE CLIENT AND THAT LIBERTY HIVE SHALL INCUR NO LIABILITY TO YOU SHOULD IT FAIL TO OFFER ASSIGNMENTS.
3.5. We reserve the right to suspend the Services or any part of them, for example If we have to deal with technical problems.
3.6. You acknowledge that you are signing up to receive the Services for the purposes of your business, trade or profession, and that you are therefore not a consumer. Accordingly, the cancellation rights available under consumer law do not apply to your entry into the agreement with us created on these Terms when you sign up with us.
4.1. Clients may contact you through the Platform with a view to offering you an Assignment, or an interview for an Assignment, at which point the Client shall notify you of the following information via the Platform:
4.1.1. the identity of the Client, and if applicable the nature of its business;
4.1.2. the date the Assignment is to commence and the duration or likely duration of the Assignment;
4.1.3. the position which the Client seeks to fill, including the type of work the Consultant in that position would be required to do, the location at which, and the hours during which, the Consultant would be required to work;
4.1.4. the rate of pay and any expenses payable by or to the Consultant;
4.1.5. any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks; and
4.1.6. if applicable the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or a professional body for the Consultant to possess in order to work in the Assignment.
4.2. The Client is not obliged to offer an Assignment to you, and you are not obliged to accept any Assignment advertised by the Client on the Platform, or offered to you by a Client on the Platform.
4.3. We are not responsible for the information provided to you by any Client - it is your responsibility to check all such information. We therefore accept no liability if any such information is incomplete or incorrect.
4.4. Where you are selected for an Assignment posted on the Platform you will either be:
4.3.1. engaged by the Client to provide your services and the following will apply:
(a) you will need to negotiate the terms of your engagement with that Client; we will not be involved in the process;
(b) you must advise us that you have accepted an Assignment position that you found via the Platform; and
(c) we may offer you additional services to assist you with the Assignment and, where such additional services are made available, the specific terms relating to those services will also apply; or
4.3.2. engaged by Liberty Hive, but only If we specifically agree that with you in writing, In which case our services as a consultant would be supplied by Liberty Hive to a client and in such circumstances you would be engaged by Liberty Hive on its separate “Worker Assignment Terms” for that position.
5.1. Content Treatment:
5.1.1. Following the completion of an Assignment, Liberty Hive works on an Endorsement system in which Clients are asked to 'endorse' the consultant based on the provided services during the Assignment.
5.1.2. We publish 'Endorsements' to reflect the professional qualities of our consultants. We also collect a free comment about the professional performance.
5.1.3. Liberty Hive does not take responsibility for any quality or other control over the information gathered, and it is your responsibility to ensure that all information that you upload is complete, accurate, correct and appropriate.
5.2. Source of data:
5.2.1. Endorsements compiled by Liberty Hive are facilitated by Clients who have engaged a Consultant to work on an Assignment
5.2.2. The Consultant guarantees that all information provided to Liberty Hive regarding previous employers and their opinions has their consent for distribution in our platform.
5.3. Purpose of data
5.3.1. The purpose of collecting data is the elaboration of the Consultant’s professional profile. The Endorsements will be attached to a Consultants’ Profile and will be capable of being viewed by Clients who use the Platform. The data will not be used for any other purpose.
5.4. Data recipients
5.4.1. The recipients of the data will be the Clients who use the Platform and who receive the Consultant’s profile:
(a) as a suggestion by Liberty Hive due to the fit with the required profile;
(b) from the Consultant as part of the Consultant's application for an Assignment; or
(c) following the Client’s search of the database of consultants who use the Platform.
5.5. Consultant Rights
5.5.1. Consultants can elect not to participate in Endorsement system however, doing so may restrict a Consultant's potential to be hired for an Assignment. If you wish to elect not to participate in Endorsement system, please email firstname.lastname@example.org.
6. Consultant's obligations
6.1. You warrant that all information that you post to our Platform will be complete, accurate and truthful in all material respects, and will not infringe any law or other person’s rights.
6.2. You must ensure that any information or other content that you upload to our Platform will be free of any viruses or other harmful components. You are responsible for configuring your own information technology systems to prevent any virus or other harmful component from entering your own systems.
6.3. You may only use the Services and the Platform for lawful purposes. You must not use them in any what that breaches any applicable local, national or international law or regulation.
6.4. You will indemnify us against any liability or damage that we may suffer as a result of your breach of the foregoing provisions, along with any associated costs or expenses. We reserve the right to block or remove any content that you post to our Platform for any reason, including where there is any doubt as to your compliance with the foregoing provisions, and to suspend your receipt of the Services.
7. Limitation of liability
7.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR OUR AGENTS. NOR SHALL ANYTHING IN THESE TERMS LIMIT ANY RIGHTS OF A CONSUMER.
7.2. WE WILL NOT BE LIABLE TO ANY PERSON, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF THE PLATFORM:
7.2.1. FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER; OR
7.2.2. FOR ANY OTHER LOSS OR DAMAGE, IN AN AMOUNT EXCEEDING THE AMOUNT THAT YOU HAVE PAID TO LIBERTY HIVE FOR THE SERVICES.
7.3. We will not be liable for any failure to perform, or delay In performing, any of our obligations, under these Terms or otherwise, where such failure or delay has been caused by an event beyond our reasonable control, including but not limited to utility or telecommunications failure, severe weather, natural or man-made disaster, epidemic or pandemic, act of terrorism, civil unrest, war, or anything similar.
8.1 As part of the Services offered by Liberty Hive, we will automatically use the bank details provided at registration to take payment for membership fees. These are published ahead of signing up for the Service, and payable at the time of signing up. Fees are payable quarterly or at such other intervals as we may specify from time to time, and you may cancel any subscription, and therefore avoid further payments, by giving not less than two months' prior written notice.
8.2 Liberty Hive will ensure any changes to our financial terms are communicated via email and the Platform.
If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining parts of these Terms.
10. Changes to these Terms
We reserve the right to change these Terms from time to time. We will make any changed Terms available on our Platform, and you are advised to check the Platform regularly for any such changes.
11. Conflict of Terms
11. Third Party Rights
Except insofar as these Terms expressly provide that a third party may in his own right enforce a term of these Terms, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to rely upon or enforce any term of the Terms but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
12. Intellectual Property Rights
12.1 The trade mark Liberty Hive and the Platform are owned by Liberty Hive Limited and the trade mark registered throughout the UK.
You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including content contained in sponsor advertisements or information presented to you via the Services or by advertisers may be protected by intellectual property rights including but not limited to copyright, design rights, trade marks, service marks, patents or other proprietary rights and laws ('Intellectual Property Rights').
Neither you nor any third party shall make use of the contents of the Services in any manner that constitutes an infringement of our Intellectual Property Rights that has not been expressly authorized by us.
13.1. Any notice to be given by you to us under these Terms must be sent to [email@example.com] or sent by registered post to our registered address. Any notice to be given by us to you under these Terms must be sent to the email or physical address provided by you when you sign up to these Terms, or to such other email or physical address as you may provide by way of an update to your details on the Platform.
13.2. The agreement that you have with us is personal to you, and you may not assign any of your rights or obligations under it to any other person with our prior written approval. We may transfer our rights and obligations under these Terms to another organisation and will notify you in writing or by posting on the Platform If this happens.
Governing Law and Jurisdiction
14.1. These Terms, the jurisdiction clause contained in them and all non-contractual obligations arising in any way whatsoever out of or in connection with these terms and conditions, are governed by, construed and take effect in accordance with the law of England and Wales.
14.2. The courts of England and Wales have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these Terms.
If you have any questions about these Terms or any other terms that apply to the Services that we offer you can write to us at: firstname.lastname@example.org