The Careers Development Service (CDS) and its website at www.iom-careers.org.uk are owned and operated by the Institute of Materials Minerals and Mining (IOM³) of 1 Carlton House Terrace, London SW1Y 5DB. The web site is a free service to members of the IOM³.
These Terms and Conditions set out the basis on which 'CDS' provides services to candidates, employers, recruitment/ employment agencies and sponsors/advertisers. They shall apply to all services unless otherwise agreed in writing. No oral or written information given by 'CDS' or on its behalf shall create a warranty or collateral contract, or in any way increase the scope of its liability.
The services of the Careers Development Service are made available on the following terms and conditions only. By using the web site it is implicit that users accept these terms and conditions with a binding contract based upon them coming in to existence as soon as any service is provided by the Careers Development Service.
'CDS' has the right to modify these Terms and Conditions at any time without notification to users. If the user continues to use 'CDS' then they will be deemed to have accepted any modifications.
The Careers Development Service is an internet-based service to assist Candidates in finding Positions, and to assist employers/agencies find suitable Candidates, with a view to matching them to Positions.
The Careers Development Service is financed from the IOM³, from fees paid by Subscribers and from advertising/ sponsorship revenue. No charge is made to Candidates who are IOM³ members for registration on the web site.
Where the Careers Development Service provides services in addition to the 'CDS' web site, these terms and conditions shall apply in full, together with any terms and conditions particular to the services/s provided.
The laws of England shall govern the terms and conditions; any matters arising shall be dealt with only by the English courts.
All users and 'CDS' will comply with all relevant Data Protection legislation, in relation to all data for the time being under their respective controls.
'CDS' will keep confidential all information provided by users, and will not use such information for any purpose other than providing 'CDS' services to the user.
© Copyright of the Institute of Materials, Minerals and Mining 2002: The contents of the site are copyright and may not be reproduced, stored or transmitted in any form or by any means without the prior written consent of the proprietor, IOM³. Users may not use information obtained from 'CDS' for the purposes of providing or advertising any service competing with 'CDS'.
Candidates must undertake to provide accurate, truthful information on the 'CDS' web site in both their profile and their CV, and the IOM³ offers no warranty in this respect. Candidates are also required to ensure that the information given is kept fully up-to-date. This applies especially to contact details, particularly email address and telephone number/s.
Candidates are also required to 'unsubscribe' (ie suspend their registration) when no longer job-hunting.
When preparing their CV, candidates are strongly advised to read and follow the relevant advice and template provided.
'CDS' provides no warranty of any sort that candidates will receive contacts from employers and/or interviews as a result of being listed on the web site. However, within the limitations of staff availability the Careers Development Service will endeavour to provide individual candidates with advice as well as support on use of the site, by email. Any such advice provided will be solely at the user's risk.
Candidates' details are held on a secure server and are confidential. Access to the candidate's record is available only to the candidate, duly authorised CDS Staff and employers registered with the service. Changes to a candidate's record can be made only by the candidate. 'CDS' will not use candidates' information for any purpose other than providing 'CDS' services to users.
Candidates have the option to remain anonymous to potential employers. Candidates should be fully aware that unless they choose to remain anonymous, their name, contact details and CV will be accessible to third parties registered as users. By registering with the site candidates are agreeing to allow potential employers to contact them by email. If Candidates choose to remain anonymous then only their profile will be accessible, whilst their permission will be sought before releasing contact details and CV to any particular prospective employer. All Candidates may also be contacted by the Institute with information relevant to the Careers Development Service. For further information refer to the Privacy Policy.
The service/s will continue until the agreed term has expired or until terminated or suspended by the candidate or the IOM³/CDS. Candidates may terminate or suspend their registration at any time and are required to suspend their registration when no longer job-hunting. Candidates wishing to renew their registration should note that their details are held on the database for up to one year after expiry/suspension. The details will no longer be available to potential employers during this time. A candidate who does not wish their details to remain on the database should contact the CDS on the expiry/suspension of their registration.
Candidates undertake to immediately notify 'CDS' if they accept a position as a result of an introduction by the CDS.
Candidates must keep their passwords secret. Candidates acknowledge that they are wholly responsible for all use of the CDS website when accessed by their password, and any use of the CDS website when accessed by any such password is conclusively deemed to be authorised by the candidate.
'CDS' reserves the right to immediately terminate the site access of any user or the registration of any candidate, without notice or notification, where it suspects the user to be in breach of this Agreement, including if the candidate ceases to be a member of the IOM³ (such as through non payment of annual subscription). Such termination shall be without prejudice to any rights and remedies either party may have under this Agreement or in Law. On termination any obligation of a continuing nature shall survive.
The Subscriber implicitly declares that they are an Employer, a Recruitment/Employment Agency or an Employment Business, and that they will make use of 'CDS' for the sole purpose of seeking to place Candidates in Positions, in accordance with this Agreement and with 'CDS' current Terms & Conditions and Privacy Policy.
'CDS' reserves the right to immediately terminate the site access of any user, without notice or notification, where it suspects the user to be in breach of this Agreement. Such termination shall be without prejudice to any rights and remedies either party may have under this Agreement or in Law. On termination any obligation of a continuing nature shall survive.
The User is permitted use of the CDS website, within specified limits, on the current Terms & Conditions.
'CDS' is an internet-based service. The User is responsible for maintaining its own connection to the Internet and for paying all charges connected therewith.
It is the User's responsibility to ensure that the email address recorded on the CDS website remains valid and up to date.
Access to the CDS website is obtained by personal password; it is the User's responsibility to ensure that it and its nominated users keep their respective passwords wholly confidential and secure, and to immediately notify 'CDS' if at any time the User has reason to believe that any of its nominated users' passwords have become known to or capable of use by anyone else. 'CDS' may from time to time give the User reasonable notice requiring a change of password.
The right to use 'CDS' is personal to the User, and may not be assigned or delegated other than to the User's own employees; Under no circumstances may the use of 'CDS' be resold.
Users acknowledge that they are wholly responsible for all use of the CDS website when accessed by any of its passwords, and any use of the CDS website when accessed by any such password is conclusively deemed to be authorised by the user.
The User must ensure that its use of 'CDS' and of any information downloaded is in no way unlawful, and complies in every way with these Terms & Conditions, the Privacy Policy and with all applicable legal requirements. The User will fully indemnify 'CDS' against any liability 'CDS' may incur as a result of any use by any User authorised by the Subscriber that is unlawful, or is in any way in breach of either the terms of these Terms & Conditions.
Subscribers undertake to immediately notify 'CDS' if a candidate accepts position as a result of an introduction by the CDS, no matter how long after the introduction the appointment may occur, and to pay the fees due within 21 days of the commencement of employment.
The Subscriber accepts that responsibility lies wholly with the potential employer to satisfy themselves of any candidate's suitability for employment, ensure the accuracy of any information supplied by 'CDS' and/or the candidate and verify qualifications, careers history and experience as well as take up references if required. Any candidate information supplied by 'CDS', including any opinions given about the candidate, is based upon information provided by the candidate and does not constitute either a binding commitment or guarantee as to the candidate's suitability for specific tasks.
The Subscriber accepts that responsibility lies wholly with the potential employer to ensure that the candidate has the right to live and work in the UK or obtain work and other permits as required, as well as the arrangement of any necessary medical examinations or investigations.
So far as is practicable the CDS web site is available on a 24-hour 7-day basis. It is however impossible to provide a fault-free service, and whilst 'CDS' will use reasonable efforts to ensure that the CDS website is available at all times and keep unavoidable interruptions to a minimum, there will inevitably be times when the CDS website is unavailable.
Users agree not to undertake actions likely to place an unreasonable load on 'CDS'.
Within the limitations of staff availability 'CDS' will provide to Users support on usage of the site, by email.
Sponsors may submit requests for adverts, 'hot links' to their web site or other promotional materials/proposals for inclusion on the site.
It is the Sponsor's responsibility to ensure that all adverts and promotional material full comply with all relevant legislation
Acceptance of adverts is entirely at the discretion of 'CDS'.
The costs and duration of the advert, link or other promotion will be by individual negotiation.
'CDS' may revise the fees payable at any time.
All sums due are subject to VAT as applicable, and are payable immediately on invoice.
Placement fees will be invoiced as soon as CDS is notified of the employment and are payable within 21 days of the commencement of the employment.
Concerning payment, time is of the essence, and the Subscriber must pay 'CDS' invoices on the due dates. If the Subscriber fails to do so then (without prejudice to any other remedies which maybe available to 'CDS') 'CDS' may:
All subscribers are charged a one-off, non-refundable registration fee of £125.
| SALARY * | FEE • | |
| Up to £15,000 | £500 | *Basic salary - Where a company car is provided, this will be deemed to add £3,000 to the salary |
| £15,001 to £20,000 | £750 | |
| £20,001 to £25,000 | £1,000 | • 10% discount if the candidate is aged 55 or over on the first day of work |
| £25,001 to £30,000 | £1,250 | |
| £30,001 to £40,000 | £1,500 | |
| Over £40,000 | £2,000 |
If the new employee leaves the employer's service within 8 weeks, for any reason, then provided the fee has been paid in full within 21 days of the commencement of employment and that we are notified of the termination in writing within 7 days, CDS will refund the employer as follows:
| Length of Service | Refund paid |
| Up to 2 weeks | 50% |
| 2 to 4 weeks | 25% |
| 4 to 8 weeks | 10% |
| 8 weeks or more | None |
Also, where an employee leaves within 12 weeks, if a replacement employee is found through a CDS introduction, there will be a 20% discount on the second placement fee. Again provided that payment was made in full within 21 days of the commencement of employment and that we were notified of the termination in writing within 7 days.
Should the employer or any associated company re-engage the candidate or otherwise use the services of the candidate within 12 months of the calendar date of the termination, the full original fee will become payable.
The service/s will continue until the agreed term has expired or until terminated by notice.
'CDS' reserves the right to immediately terminate the site access of any user, the registration of any candidate, or any vacancy advert, without notice or notification, where it suspects the user to be in breach of this Agreement.
Termination shall be without prejudice to any rights and remedies either party may have under this Agreement or in Law. On termination any obligation of a continuing nature shall survive.
'CDS' excludes all warranties, expressed or implied relating to the website and associated services. This includes, but is not limited to any implied warranties of merchantability or fitness for any particular purpose plus the following clauses and 'CDS' shall not be liable for any loss or damage suffered as a result of using the services.
Force Majeure: 'CDS' shall not be liable for any failure to fulfil its obligations caused by circumstances beyond its reasonable control, provided that it has made reasonable efforts to fulfil its obligations.
Waiver: Failure or neglect by 'CDS' at any time to enforce any of these terms shall not be a waiver of its rights and shall not prejudice its rights to take action in respect of the same or any later breach.
Severability: If any provision in these Terms & Conditions shall be determined to be invalid, such provision shall be deemed omitted and the remainder shall stand.