Terms and Conditions

Terms of use

This web site is owned and operated by Website name. and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.

Data protection

Our use of CVs and other personal information supplied by users of this site is governed by our privacy policy. Please click here to view our privacy policy. (https://www.tmsilver.com/privacy) Personal data which you supply to us may be transferred to third party service providers to be stored or processed on our behalf, including third parties located outside of the European Economic Area in countries where there may be a lower legal level of data protection. However, we will always endeavour to handle your information in accordance with this privacy policy, wherever it is processed.

Use of the site

The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorized processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a customer, shall entitle us to terminate the services immediately on notice in writing. Further, we reserve the right to suspend provision of the services to you in circumstances where we reasonably believe that you have performed any unauthorized processing of information. In respect of any personal data accessed or otherwise processed by a customer as a result of access to the site or the services, the customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 1998 and, as such, shall be solely responsible for its processing. All copyright, database rights and other intellectual property rights in the site and the material available on the site belong to Website name. or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.

Employment Agencies and Employment Business Regulations 2003

Jobseekers and recruiters need to be aware that this job board operates as a venue only and does not introduce or supply jobseekers to recruiters (or vice versa). This means that we do not:

• obtain sufficient information for potential recruiters to select a suitable jobseeker for the position which the recruiter seeks to fill;
• obtain confirmation of the identity of a jobseeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
• take any steps to ensure the jobseeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the jobseeker to fulfil the position to be filled;
• take any steps to ensure that it would not be detrimental to the interests of the jobseeker or the recruiter for the jobseeker to fulfil the position to be fulfilled;
• give any indication to recruiters whether jobseekers are unsuitable (or suitable) for any position to be filled in any circumstances;
• propose jobseekers to recruiters or provide any information about them.
• take up any references in relation to a jobseeker; or
• make any arrangements for accommodation of jobseekers.

The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that jobseekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered jobseekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce jobseekers to recruiters or vice versa, it is recommended that, if you are a jobseeker you undertake the steps set out in the regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a jobseeker's suitability for the role.

These could include:

1. If you are a jobseeker; checking the identity of the recruiter and 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 recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a jobseeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
2. If you are a recruiter; checking the identity of the jobseeker and that the jobseeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a jobseeker to take up a position. www.tmsilver.com (Website name.) will not be held responsible for any issues arising due to criminal negligence on behalf of the jobseeker or the employer.


   In addition, where professional qualifications are required or where jobseekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the jobseeker and undertake a criminal records bureau check of the jobseeker. For more details of how to undertake a criminal records bureau check, please here (http://www.homeoffice.gov.uk/agencies-public-bodies/crb/). www.tmsilver.com (Website name.) will not be held responsible for any issues arising due to criminal negligence on behalf of the jobseeker or the employer.
   Any searching, web tools or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
3. Jobs not allowed to be advertised www.tmsilver.com: 
   • Pyramid Selling
   • Escort / Adult Industry work/dating/ adult introduction services/pornography of any kind
   • Glamour or Web-cam Models
   • Medical Trials
   • ‘Work from Home’ jobs may be removed for safety reasons

Jobseekers

CVs and job advertisements

CVs and job advertisements contained on the site are provided by jobseekers and by prospective employers and their agents are not reviewed by us. We accept no responsibility or liability for the contents of CVs or advertisements and expect jobseekers and prospective employers to carry out such verification procedures as are customary and prudent in the circumstances.

www.tmsilver.com / services

Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage. www.tmsilver.com will not be responsible for any loss or damage.

Service availability

We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions, delays, or loss of data however caused. We may, additionally, alter the design and specification of the site at any time.

Limitation of liability

Our liability, and the liability of our third party suppliers, for any loss or damage suffered by you as the result of your use of this site is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.

Credit /Debit card payments

www.tmsilver.com's core job seeking services are free to use. However, some non-core services require payment to access. The payments are made by credit or debit card using Braintree’s secure transaction environment. Please visit Braintree (Paypal owned and operated) website (https://www.braintree.com) for more information.

Refunds

Our system will charge your credit or debit card when the product or service you have requested has been selected and payment details are secured. If you have difficulties with the above system, please contact our customer support team. You can reach them at contactus@www.tmsilver.com or call 0161 602 3671

Governing law

These terms and conditions shall be interpreted in accordance with Scottish law and all disputes shall be decided by the Scottish courts.

Browser policy

www.tmsilver.com supports the current and most recent previous versions of all popular browsers, and follows the HTML5 and CSS3 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.
www.tmsilver.com also requires jobseekers to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser.

Job search safety

To stay safe in your job search we recommend that you visit SAFER-jobs.com, a non-profit, joint industry and law enforcement organisation working to combat job scams. Visit www.safer-jobs.com for information on common scams and to get free, expert advice for a safer job search.

Terms and conditions of business for recruiters

General

In these terms and conditions:

1. 'Customer' means any person, company, organisation or firm which purchases Services from us;
2. 'Order Form' means an order for Services on a form provided by us (in any format) and signed by a Customer;
3. 'Services' means all recruitment products and services made available by us from time to time;
4. 'Contract Month' means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the start date specified in the Order Form and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 16 May and ending 15 June;
5. 'Contract Term' means the full term specified in the Order Form.

We reserve the right to vary these terms and conditions from time to time. We will aim to give you reasonable notice in advance of implementing such changes by posting the revised terms and conditions on the web site and indicating the effective date that such updated terms and conditions will come into force (“Effective Date”). Where we deem the changes as significant we may also choose to email our registered users with the revised terms and conditions. The revised terms and conditions will be deemed to have been accepted by you if you continue to use the web site and our services after the Effective Date.

Prices

Prices are as specified in the www.tmsilver.com website. Any discounts or special agreements out with prices specified on the web site, will remain confidential, and may not be disclosed by the customer. Where a customer posts an advertisement on www.tmsilver.com which includes any reference to a brand of a client or a subsidiary of the customer (which reference may include, without limitation, such client's or subsidiary's logo, http address, email address and telephone number) (“Client Branded Advertising”), and the posting of such client branded advertising has not been agreed by us or other contract agreed with such customer, charges for the advertisement will be as per the relevant pricing outline and charged to the customer for each job posted on www.tmsilver.com which includes a non-agreed piece of client branded advertising.
A job posted on www.tmsilver.com will remain live for 28 days or such shorter time as we agree with the customer. Any extension of this time will be charged to the customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the customer at the time of the contract negotiation. If no price has been negotiated, a flat fee of £59.00 (incl. vat) per job will be charged for each job over the agreed number. A single job is identified by its unique ID number. If a customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.
If any services to be used within any time period specified are not used within that period of time they may not be carried over into any subsequent period without our prior written consent.

Payments & Credit Terms

All prices include VAT. Credit may be granted subject to www.tmsilver.com obtaining suitable credit checks. Other than for services purchased on line or prepaid, where payment has been confirmed and where credit is granted, an e-invoice will be issued. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment, in full, prior to www.tmsilver.com issuing credits for use on the web page.
If, speciality circumstances arise where credit terms are allowed, the invoice will be due for payment in full 28 days of the invoice date. In the event of a late payment, www.tmsilver.com will terminate all services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately. You, the customer, will remain liable for the payment of services as agreed in the contract, notwithstanding such services of which have been suspended or terminated under this clause. Interest and fees will be payable on late payments in accordance with the Late Payment of Commercial debts (Interest) Act 1998. If credit is not permitted, all payments must be made upfront, online via the www.tmsilver.com web page via Braintree payment facility. www.tmsilver.com reserve the right to review all credit terms periodically.

Termination Rules

The Customer may terminate in writing the provision of services, if there has been a speciality contract agreed in advance, by no less than:

Contract Duration	Notice period
Up to 2 months	30 days
3-5 months	90 days
Over 6 months	180 days

To expire at the end of the contract month:

• If we (www.tmsilver.com) are in material breach of these terms and conditions and have not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
• if we (www.tmsilver.com) become insolvent, cease to trade, or go into liquidation; termination by the customer before the end of the contract term may, at our discretion, result in loss of discounts agreed for the entire contract term.

We may terminate the provision of services if:

• The customer is in material breach of these terms and conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
• The customer becomes insolvent, ceases to trade or goes into liquidation.

Intellectual Property Rights

These terms and conditions do not transfer any intellectual property right, licence or right of use from us to the customer. All of our rights (including but not limited to trademark rights, logos, copyright, titles, database rights, as well as any other commercial rights) remain our intellectual property without restriction.
All content and material published by us is subject to our intellectual property rights (copyright, trademark rights and database rights), except for the individual elements of such material and content designed by the Customer or a third party that are already subject to a Customer’s or third party’s intellectual property rights that have not been modified or revised by us. Customer also acknowledges that he has no rights, in or to, such intellectual property other than the right to use in fulfilment of the contractual obligations.

License to use Customer's name, trademarks and logos

Customer agrees that Website name. may use the customer's name, trademarks and logos (“IP-Rights”) for the purposes of providing the services.
Additionally, the customer agrees that Website name. may mention customer as a reference customer in Website name.’s marketing materials (such as eg. but not limited to websites and brochures), that Website name. may use the Customer's IP-Rights in this context and may present examples of the services provided to and the materials published on behalf of customer.

Limitation of liability

Our total liability to the customer in respect of any services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the contract term for such services or £10,000.00 whichever is the greater.

Job advertising

Job adverts go live immediately after payment confirmation from the Braintree payment facility on www.tmsilver.com.

Site rules

We have rules regarding the content and format of jobs posted on www.tmsilver.com. Their purpose is to ensure that users who search the site or the www.tmsilver.com database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from www.tmsilver.com any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

The rules are

1. No duplicating of jobs at the expense of other clients' jobs.
2. No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
3. Job advertisements placed on www.tmsilver.com must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
4. URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.

Illegal Advertisements

Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by www.tmsilver.com on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from www.tmsilver.com without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

Responses to advertisements

You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring www.tmsilver.com into disrepute. You will indemnify us from and against any claim brought by an individual against www.tmsilver.com arising from your breach of this obligation or any other of these terms and conditions.
We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
As part of www.tmsilver.com commitment to getting customers the best possible response we reserve the right to amend some of the job details that you supply in order to optimise your advertisement.

Equipment

It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post jobs to www.tmsilver.com.

Content and links

If your advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from www.tmsilver.com any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring www.tmsilver.com into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.

Third party sites

Vacancies you post on www.tmsilver.com may also appear on third party recruitment web sites pursuant to agreements from time to time between www.tmsilver.com and the proprietors of such web sites.

Browser policy

www.tmsilver.com supports the current and most recent previous versions of all popular browsers, and follows the HTML5 and CSS3 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.
www.tmsilver.com also requires recruiters to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser.

Use of candidate database

Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Website name. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
The material you are entitled to receive from the work seeker database is determined by the product you have purchased from us. On receipt of this material you may:

1. Use, search or download it to your database using the jobseeker search back office interface and its associated functions, for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
2. Use the information about the individuals contained in the database, for the purpose of contacting them (either directly or through www.tmsilver.com depending on the product you have purchased) in relation to a specific job vacancy.
3. Use the information only, in connection with your own recruitment-related activities.

You may NOT

1. Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
2. Download, search or view the database through any automated (e.g. "scraping") process.
3. Contact the individuals on the database or make or allow any use of the information about those individuals, other than, for the purpose of, finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
4. Access our jobseeker database from a system that is not fully patched or does not have industry standard Antivirus software installed that is regularly updated.

Deletion of database material

You agree to delete all material from the jobseeker database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.

Dealings with candidates

You agree to deal fairly and professionally with individuals you may contact using information from the jobseeker database and not do anything which may bring www.tmsilver.com into disrepute. You will indemnify www.tmsilver.com from and against any claim brought by an individual against www.tmsilver.com arising from your breach of this obligation or any other of these terms and conditions.

Usernames / Passwords

Usernames are for the sole use of the person to whom they are issued. Passwords must be kept confidential and secure. We may deny access to a username if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions. Concurrent usage of a username is not allowed.

Customer supplied content

1. These terms and conditions apply to all advertising campaigns ('Campaigns') and other material accepted by Website name. for display on any of our web sites. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.
2. We must receive the complete creative content for a campaign in acceptable format. To cancel or alter an order for a campaign you must inform us, by email at least five working days before the go-live date specified and agreed upon. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
3. You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to us and that it complies with all relevant legislation and codes of practice. If we receive complaints about any material or its content we may, at our discretion, remove the material from display without reference or liability to you. You will indemnify us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
4. If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on www.tmsilver.com comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
5. You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a campaign relates and you will indemnify and hold us harmless accordingly.
6. Your sole remedy if we, or our third party subcontractors who may host and serve campaigns from time to time, make an error in displaying any campaign is the cost of re-running the relevant campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the campaign caused by circumstances outside our control.

Cookies

Cookies are small pieces of information sent to your computer or mobile phone (referred to as a "device") browser from a website and stored on your device. Further general information on cookies can be found at https://aboutcookies.org

How are they used?

Cookies enable us and our partner organisations to identify your device when you access our website. The information they contain can then be used to:

• Personalise the website by storing the preferences a user selects for the site;
• Store information as part of the function of the website, such as job shortlist contents;
• Restrict access to registered user’s data and limit access to "paid for" services;
• Collect aggregated statistical information about the use of the website.

What information do they contain?

There is no personally identifiable information held in our cookies or the cookies used by our partner organisations. Cookies often contain a unique identifier and may contain data you have supplied, such as user preferences and shopping basket contents. In some cases they can contain information about what you have done on our website, for example whether you have pressed a particular button or viewed a particular page. There are a few instances where we need to record more detailed information in the cookie, for example the cookie we use to indicate that you are logged into our website. In this case we store your unique identifier and time that you logged in. In such cases the contents of the cookie are encrypted, meaning that only our website can read that information.

How do I control which cookies I accept?

You have the opportunity to set your device’s browser to accept all cookies, to ask you when the websites sends a cookie, or not to receive cookies at any time. Not allowing cookies means that certain features of our website will not work and accordingly you might not be able to take full advantage of all of our services. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. You can also find up-to-date information clearly explaining how to control or delete cookies on your Windows PC or Apple Mac at https://aboutcookies.org. To control or delete cookies on your mobile phone, please refer to the manufacturer's documentation.

Other types of cookie

We use Macromedia Flash Player to deliver certain services on our sites. To improve user experience, Local Shared Objects – or Flash Cookies as they are commonly known - are employed to provide features such as auto-resume or saving preferences. Flash Cookies are stored on a user's terminal much the same as cookies are, but it is not possible to manage them at browser level in the same way. The Adobe website provides comprehensive information on how to delete or disable Flash cookies, either for a specific domain or for all websites - see Adobe's website for details. Please be aware that restricting the use of Flash Cookies may affect the features available to you for Flash-based applications on our sites.

Why does your website use 3rd party cookies?

We may use partner organisations to provide additional services to us and to you, for example analysing the use of our website to help us improve it, and for providing advertising. Most of our partner organisations use cookies that only they have access to. These cookies are called "3rd party" cookies.

Additional rules for the employer

An advert must contain only one individual vacancy per advert, and in only one sub-category.
You must give specifics about the position you are offering as well as details about your company.
 You must post all your adverts in English. 
URL Links in the description are not allowed.
 If your advert links to other recruitment websites, your advert may be subject to removal.


Additional rules for the jobseeker

Adding a Video CV gives the employer an immediate insight into your personality and it is more personalised. Tell your prospective employers something about yourself, and why you are applying for the position, which summarises why you are suited for the job on offer.
Make sure you include in your video what you are applying for and what you are interested in as they may have more than one vacancy.
Quote the advert reference number to help the employer link your application to the vacancy on offer.

Be friendly and personable as employers will assess your attitude from first instance, so act professional but also approachable.

Read the advert carefully and make sure to provide the employer with everything they asked for.
 Employers are busy and may disregard your application if you don’t give them everything they asked for. 
You should NOT send your bank account details until you at the contract signing stage of employment.
Not all employers will provide you with a response.
 Employers will get in contact with you because they are interested. If they do not it is because they may have chosen someone else. 
Find out more about the company before taking up a position. Never send monies to a potential employer.


Suspicious content

We do our upmost to view all content coming into our site, however if you come across anything on www.tmsilver.com that you think is inappropriate, illegal or suspicious, report it to us. This will allow us to give you advice and take steps to protect others. You can do this by contacting contactus@www.tmsilver.com and we will investigate.

Content

www.tmsilver.com Website name. contains content from us, you, and other users. www.tmsilver.com is protected by copyright laws and international treaties. Content displayed on or via www.tmsilver.com is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from www.tmsilver.com without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in www.tmsilver.com. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of www.tmsilver.com (other than your own content). When you give us any content (including pictures, video and audio), you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.