TERMS AND CONDITIONS FOR WEBSITE USE BY ADVERTISERS
(INCLUDING COMPANIES, ORGANISATIONS, SOLE TRADERS)
Effective from August 2023
HALLAM FREELANCERS WEBSITE AND SERVICE
Sheffield Hallam University ("the University/we/us/our") has developed the Hallam Freelancers website which is a job board online for advertisers, such as companies/organisations/sole traders, (“the Advertisers/you”) to advertise their short term contract work opportunity for our students and graduates (all hereinafter referred to as “students”) on a paid freelance basis.
We are making this service available to you, and the placement of your advertisement on our Hallam Freelancers website for free subject to these terms and conditions.
Please also note that we own and run our Site which is powered by a third party Ghost (Pro); and that the “Hire a Freelancer” form is hosted by Cognito Forms. These third party’s respective terms and conditions may apply to you should you wish to use the Site. Please ensure that you understand and agree their terms and conditions Ghost (Pro) and Cognito Forms before you continue using this Site.
1.1 These Terms will apply to any advertisement you wish us to place on our website in respect of a freelance opportunity you may have, as well as our relationship arising as a result of us placing any such advertisement on our website.
1.2 You acknowledge and agree that:
1.2.1 Hallam Freelancers website is a job board as a venue only and we neither endorse any freelance opportunity nor introduce or supply jobseekers (students or graduates looking for freelance opportunity) to Advertisers (or vice versa); and
1.2.2 we shall not be held liable in any way in respect of any claim, loss, damage or costs whatsoever as a result of any of our student’s actions, omission, negligence, performance or non-performance under or in connection with the Hallam Freelancers website or any arrangement between you and our students arising out of or in connection with the Hallam Freelancers website or the information or services available on the site.
1.3 These Terms will come into force from the date on which you indicate your agreement to these Terms by ticking the box at the end of the “Hire a Freelancer” form on our website and will remain in full force and effect while you are a user of the Hallam Freelancers website and service. We will not consider and advertise your freelance opportunity to our students should you fail to confirm your/your organisation’s acceptance of these Terms.
1.4 These Terms may be updated from time to time. Every time you wish to place an advertisement of a new freelance vacancy on our website please check our website for the latest version of the Terms. Every time you place an advertisement the Terms in force at that time will apply.
We recommend that you print a copy of these terms for future reference.
1.5 We will determine, in our reasonable opinion and discretion, whether there has been a breach of these Terms through your use of the Hallam Freelancers website. We will take such action as we deem appropriate should there be any breach of these Terms, including without limitation, immediate, temporary or permanent removal of any advertisement and/or promotion from the Hallam Freelancers website.
2 We shall not make a charge for placing your advertisement for a freelance opportunity on our website.
2.1 We reserve the right:
2.1.1 not to advertise vacancies that we reasonably believe not to be in the best interests of our students; and we will notify you if we decide not to accept your advertisement; or
2.1.2 to clarify or edit the content of your advertisement for purposes of brevity and clarity or compliance with equality and employment legislation should we consider, in our reasonable opinion, that the content of your advertisement may contain anything construed as discriminatory. We will discuss with you prior to any edits but you agree that our decision shall be final.
2.2 You must make clear in your advertisement:
2.2.1 the nature of the freelance opportunity, including specifying any necessary skills required by our students; and
2.2.2 details of the proposed payment to be made for the work to be undertaken; and
2.2.3 the timescales by which the work is to be completed.
2.3 The proposed payment for your advertised freelance vacancy must meet the standard commercial rate but may reflect the level of experience. In any event, you shall be fully in compliance with National Minimum Wage and/or National Living Wage rates where applicable.
2.4 It is always your sole responsibility:
2.4.1 to ensure that the information you provide is up-to-date, accurate and not misleading in any respect;
2.4.2 to ensure that any freelance vacancies advertised are non-discriminatory and in full compliance with relevant employment, equality, data protection, anti-bribery/anti-corruption and other applicable legislation, including but not limited to legislation against discrimination (on the basis of sex, marital status, gender reassignment, racial group, disability, sexual orientation, religion or belief, age, socio-economic background, family circumstances, or any other irrelevant distinction), National Minimum Wage and health and Safety regulations;
2.4.3 to conduct all necessary verifications and pre-employment checks, including but not limited to checks on qualifications and/or any checks required to satisfy any safeguarding, immigration status or other legal requirements including determining whether the role being advertised requires any specific licences or consents, such as conditions to work during term time as set out in a student’s UKVI student visa; and
2.4.4 to provide the successful candidate with:
a) full contractual information prior to the start date, specifying the tasks to be undertaken, hours of work, salary and holiday entitlement;
b) a full induction, including a health and safety briefing; and
c) necessary insurance cover where appropriate, such as full employers’ liability cover if the candidate will fill your advertised vacancy as a temporary employee or worker.
2.5 We have a maximum 3 months’ advertising period for all vacancies / freelance opportunities, following which the advertisement shall be removed. Your advertisement shall also be removed immediately in the event that the advertised role has been filled or you cease to carry on your business or enter into any insolvency-related proceedings.
2.6 It is your responsibility to notify us promptly when a freelance opportunity that we are advertising on your behalf is no longer available. Upon receipt of your notification, we shall arrange for the advertisement to be removed from our jobs page as soon as is reasonably practicable.
3 INTELLECTUAL PROPERTY
3.1 Neither the University nor you shall use the name or logo of the other in any press release or promotional materials relating to the Hallam Freelancers website and/or these Terms without the prior written consent of the other, save and except for publication of any activities of the Hallam Freelancers website in either the University’s or your annual report and similar publications. The publishing party shall be responsible for obtaining consent from the student if it wishes to mention their name or use their image in any of its publications
3.2 All copyright, database rights and other intellectual property rights in the site and the material available on the Hallam Freelancers website belongs to us or its third party suppliers. Use of the site does not give you any proprietary rights in such materials. Save and except for the sole purpose of advertising freelance opportunities for our students via the site, you shall not copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions. We reserve the rights to terminate our services to you immediately without prior notice.
3.2 If you wish to own any arising intellectual property rights created or developed by the student during the course of the freelance job advertised via the Hallam Freelancers website, it is your sole responsibility to liaise with the student and arrange for a valid assignment of any such arising intellectual property rights from the student prior to the start of the freelance work. We shall not be held liable in respect of any claim, loss, damage or costs whatsoever as a result of your failure to obtain such assignment from the student.
4 LIABILITY AND INSURANCE
4.1 Any arrangement between you and any of our students arising out of or in connection with Hallam Freelancers website and service shall be a separate and independent arrangement between you and our student(s) to which we shall not be a party.
4.2 We make no warranties, expressed or implied and hereby disclaim and negates all other warranties, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of materials and/or reports.
4.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Hallam Freelancers website or any information or services available on it, whether express or implied.
4.4 Access to Hallam Freelancers website without interruption is not guaranteed by us. We may suspend, withdraw, discontinue or change all or any part of Hallam Freelancers website without notice. We shall not be liable to you if for any reason Hallam Freelancers website becomes unavailable at any time or for any period.
4.5 We will not be liable for, or responsible to you for, any failure or delay in performance by our students of their obligations to you under any arrangement that they may enter into with you as a result of us advertising your freelance opportunity.
4.6 Subject to clause 4.7, we will under no circumstances whatsoever be liable to advertisers or recruiters (including you), whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with Hallam Freelancers website or any arrangement you may enter into with our student(s) for the completion of the freelance work for:
(a) any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of services supplied by us via Hallam Freelancers website;
(b) any loss of profits, sales, business or revenue;
(c) loss or corruption of data, information or software;
(d) loss of business opportunity;
(e) loss of anticipated savings;
(f) loss of goodwill; or
(g) any indirect or consequential loss.
4.7 Nothing in these Terms will limit or exclude either party’s liability for:
4.7.1 death or personal injury caused by our negligence; or
4.7.2 fraud or fraudulent misrepresentation.
4.8 You hereby agree to indemnify and keep indemnified Sheffield Hallam University, its Hallam Freelancers website and services and also its staff against all liability, cost, claim, damage, loss, action or expense incurred by us, its Hallam Freelancers website and service team or its staff in connection with your use of the Hallam Freelancers website and service.
4.9 In the event of any incidents involving our staff members and/or our student, either during or in relation to the Hallam Freelancer website and service while attending at your premises and/or undertaking work on behalf of you, you agree that your public liability insurance and employer’s liability insurance (and any other insurance applicable to the job advertised via the Hallam Freelancer website including without limitation professional indemnity insurance) shall be relied upon and you agree to ensure that such policies also cover such University staff members and the student in these circumstances.
5 DATA PROTECTION AND FREEDOM OF INFORMATION
5.1 You acknowledge that:
5.1.1 we are subject to the provisions of the Freedom of Information Act 2000. Nothing in this agreement shall be deemed to prevent us from making any disclosure required under the provisions of that Act.
5.1.2 any personal data collected from you during the course of administration of the Hallam Freelancers website and service will be handled and processed by us strictly in compliance with the Data Protection Laws.
5.1.3 for the purpose of these Terms, the University is the data controller of the personal data held in relation to the registration of using the Hallam Freelancers website and service by the students. Such data shall be processed solely in connection with the implementation and follow-up of the Hallam Freelancers website and service. You may refer to the Hallam Freelancers Privacy Notice for more information of how the data will be collected, processed, used and shared.
5.1.4 For the purpose of these Terms,
“Data Protection Laws” shall mean:
(a) all laws relating to data protection the processing of personal data, privacy and/or electronic communications in force from time to time in the UK including the UK GDPR and the Data Protection Act 2018 and the guidance and codes of practice (including the Data Sharing Code) issued by the Information Commissioner or other relevant regulatory authority from time to time (UK Data Protection Laws); and
(b) all laws to which a Party is subject relating to data protection, the processing of personal data, privacy and/or electronic communications in force from time to time in the European Union or any member state of the European Union including the EU GDPR (EU Data Protection Laws)
6 ENTIRE AGREEMENT
6.1 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
7.1 Any notice or other communication between us shall be sent via email.
7.2 Any notice or other communication shall be deemed to have been received if sent by email, one Business Day after transmission. In these Terms, Business Day means a day (other than a Saturday, Sunday or public holiday) when we are open for business.
7.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. For any legal notices to Sheffield Hallam University, please send to University Secretary, Sheffield Hallam University, City Campus, Howard Street, Sheffield, S1 1WB.
8 THIRD PARTIES
8.1 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.1 Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
10.1 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10.2 If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11 NO PARTNERSHIP OR AGENCY
11.1 Nothing in these Terms is intended to or shall be deemed to establish any partnership or joint venture between us. Neither of us shall have the authority to act as agent for, or to bind the other in any way.
12 GOVERNING LAW
12.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.1 Each of us hereby irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).