TERMS AND CONDITIONS FOR WEBSITE USE BY STUDENTS AND GRADUATES OF SHEFFIELD HALLAM UNIVERSITY
Effective August 2023
Sheffield Hallam University ("the University/we/us/our") has developed the Hallam Freelancers website which provides a job board online for advertisers and recruiters (such as companies, organisations, sole traders) (the “Advertisers”) to promote their short term contract / freelance work opportunities to our students and recent graduates (all hereinafter referred to as “students”) ("Students/You/you").
We are making this service available to you on Hallam Freelancers website and service for free subject to the following terms and conditions (the "Terms"):
Please also note that we own and run our Site which is powered by a third party Ghost (Pro); and that the “Apply to Register to Hallam 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 Form) before you continue using this Site.
1.1 These Terms will apply between us in relation to any advertisement placed on our Hallam Freelancers website in respect of a freelance opportunity.
1.2 You acknowledge and agree that:
1.2.1 Hallam Freelancers website is an online job board as a venue only and we neither endorse any freelance opportunity nor introduce or supply Advertisers (i.e. companies / organisations /sole trader offering freelance opportunity) to our students (or vice versa); and
1.2.2 we are not acting on your or any Advertiser’s behalf. Any contracts of employment or short-term contracts in relation to the positions advertised on the Hallam Freelancer website are directly between you and the Advertiser;
1.2.3 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 the Advertiser’s actions, omission, negligence, performance or non-performance under or in connection with the Hallam Freelancers website and service or any other arrangement between you and any Advertisers arising out of or in connection with the Hallam Freelancers website and service.
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 “Apply to Register to Hallam Freelancers” form on our website and will remain in full force and effect while you are a user of the Hallam Freelancers website and service.
1.4 Please note that we reserve the right to amend these Terms from time to time. Every time you wish to access any freelance advertisements on our website please check these Terms as 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 your details from our website at any time and without notice.
2.1 You must make clear in your advertisement / profile on our website:
2.1.1 what nature of the freelancer’s opportunity you are looking for, including any necessary skills that you can provide to a potential Advertiser,
2.1.2 details of your expected fees to be made by a potential Advertiser for the work to be undertaken; and
2.1.3 your availability to carry out the work
2.2. It is always your responsibility:
2.2.1 to ensure that the information of your advertisement / profile is up-to-date, accurate and not misleading in any respect; and
2.2.2 to ensure that you are able to meet all the criteria specified before agreeing to take on the freelance opportunity advertised.
3 FREELANCE OPPORTUNITY
3.1 Any arrangement between you and a third party arising as a result of your use of our website shall be a separate and independent arrangement between you and the third party, to which we shall not be a party.
3.2 The University is not a recruitment or employment agency as defined in The Conduct of Employment Agencies and Employment Business Regulations 2003. The Hallam Freelancers website is only a job board online and we do not propose or introduce students (as jobseekers) to Advertisers or vice versa. To ensure your suitability for the role advertised, we would recommend that you as a person seeking freelancers opportunity to carry out basic due diligence including but not limited to check the identity of the Advertiser the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the Advertiser considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
3.3 For registration purpose on the website, the University may carry out a general level of due diligence and risk assessment for each freelance opportunity prior to their approval based on the information provided by the Advertiser. However, you shall always ensure the legitimacy of the Advertiser that you are interested to work with for any freelancer’s opportunity advertised via the Hallam Freelancers website and service.
3.3 It is always your responsibility to ensure that:
3.3.1 you have sufficient insurance coverage in place to cover yourself and your work when undertaking any work or freelancer’s opportunity advertised on our website, either provided by the Advertiser or by a third party at your own costs (if necessary);
3.3.2 you are satisfied with the employment / contract terms (such as holiday entitlement where applicable, salary/fees, insurance cover for yourself and also your work when undertaking any freelance opportunity provided by the Advertiser); and also
3.3.3 you are satisfied the ownership and also use of any intellectual property rights generated either by you or by the Advertiser and this should often cover in the contract between you and your Advertiser.
3.4 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 are licensed to us by third parties. Use of the site does not give you any proprietary rights in such materials. Save and except for the sole purpose of seeking freelancer’s opportunity 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 and also seek for compensation.
3.5 It is also your responsibility to ensure that:
3.5.1 you have appropriate licences for any software you may need in order to complete a freelance opportunity. These licences could be provided by the Advertiser or by you subject to the terms of your contract with the Advertiser. Please note that the University's I.T. facilities are provided for educational, administrative, research and personal development use by students in the course of their education and cannot be used for commercial gain;
3.5.2 you are in full compliance with all immigration or legal requirements (where applicable) before taking on any freelancer’s opportunity under the Hallam Freelancers website and service, including determining whether the role being advertised requires any specific licences or consents, UKVI student visa work conditions
4.1 Any arrangement between you and an Advertiser arising out of or in connection with Hallam Freelancer website and service shall be a separate and independent arrangement between you and such Advertiser(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 content 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 Fr4.4eelancer website becomes unavailable at any time or for any period.
4.5 We shall not be held liable for, or responsible to you for, any acts, omissions, negligence, performance or non-performance of any Advertisers in terms of their obligations to you under any arrangement that they may enter into with you as a result of us advertising their freelance opportunity or anything arising out of or in connection with the Hallam Freelancers website or service.
4.6 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.
4.7 Subject to clause 4.8, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Hallam Freelancers website or any arrangement you may enter into with any Advertisers for the completion of the freelance work for:
4.7.1 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;
4.7.2 any loss of profits, sales, business or revenue;
4.7.2 loss or corruption of data, information or software;
4.7.3 loss of business opportunity;
4.7.4 loss of anticipated savings;
4.7.5 loss of goodwill;
4.7.6 any indirect or consequential loss.
4.8 Nothing in these Terms will limit or exclude our liability for:
4.8.1 death or personal injury caused by our negligence; or
4.8.2 fraud or fraudulent misrepresentation.
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 provisions of 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 Student 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).
6.1 Any notice or other communication between us under or in connection with these Terms shall be sent via email.
6.2 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.
6.3 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.
7 THIRD PARTIES
7.1 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.
8 NO PARTNERSHIP OR AGENCY
8.1 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.
9 GOVERNING LAW
9.1 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.
10.1 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).