Nurtureit terms & conditions

  1. The basics
    1. By clicking to accept these terms you are agreeing to enter into a contract with us (Nurtureit.io Ltd) on the basis of these terms and conditions.
    2. This is not a legal stranglehold. Our terms are relatively straight forward and standard (words with capital letters are defined at the back) and if you choose to stop using our service in the future that's fine, we won't penalise you (but will try to win your business back!).
    3. If you have any queries about these terms or our Services please don't hesitate to get in touch with help@nurtureit.io
  2. Term
    1. Either of us can cancel this Agreement at any time on giving the other not less than 14 days' notice. Other termination rights are detailed below.
    2. If you are an annual subscriber (and have paid in advance) we will give you a pro rata refund up to the date of cancellation if you or we cancel. If you are a monthly subscriber, you must pay for the month in which you cancel but we won't take any further payments from you. If you only use our free account functions then there's nothing to settle!
  3. Our services
    1. We offer a free service, which provides you with a limited version of our Services. Just because it's free doesn't mean there are no legal commitments attached. All terms of this Agreement apply to our free Services unless stated otherwise.
    2. We also offer paid for Services available via the Platform, which provide increased functionality, and again are used by you subject to the terms of this Agreement.
    3. These terms apply to both individual and Team Service customers. If you are an individual (buying single access to the Platform) then you don’t need to worry about the terms below referring to Authorised Users as those terms do not apply to you.
    4. Subject to the restrictions set out in this Agreement, we hereby grant you a non-exclusive, non-transferable right, without the right to grant sub-licences, to use the Services during the Term solely for your internal business operations. If you have selected our Team Service, or if you later upgrade to our Team Service, we also hereby grant you permission to permit Authorised Users to use the Services during the Term provided both you and any Authorised Users comply with these terms.
    5. If you have selected our Team Service, your use of the Services is limited to the number of Authorised Users you have paid for, but you can update your preferences at any time through the Platform. The cost for additional Authorised Users will be our standard list price unless we've pre-agreed an alternative pricing model with you.
    6. It is your responsibility to ensure the security and control of all Authorised Users accessing the Platform. An Authorised User’s misuse of the Services amounts to your misuse of the Services and could put you in breach of this Agreement.
    7. You need to make sure that all Authorised Users have secure log-on credentials to access the Services (either email address and password or social logins). You need to make sure your Authorised Users keep these credentials secure at all times and do not share them with colleagues. We have no responsibility to you or any cyber breach, inappropriate access to your Data or other infringement of the Platform or Services where this is caused by log-on credential related failures or security breaches.
    8. You can nominate Authorised Users as “Administrators” who will be given additional functionality on the Platform to, amongst other things, add or remove permissions from other Authorised Users, configure and manage data sharing, viewing and editing of other Authorised Users and action the deletion of Authorised User accounts. Administrators may also release the accounts of other Authorised Users, following which the released user may subscribe independently for continuing services with us. Administrators are in control of your Data and have wider authorisation rights in relation to our Services, and as such it is your responsibility to ensure that your Data is kept secure and our Services are used at all times in accordance with the terms of this Agreement. We will not be liable to you for any losses you suffer as a result of any such administrator misusing your Data or the Services.
  4. Your obligations
    1. Our Services must be used for the right purposes; to help you with your recruitment activities. You must not access, store, distribute or transmit on or through the Platform any Viruses or any material that
      1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive,
      2. facilitates illegal activity,
      3. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or
      4. is otherwise illegal or causes damage or injury to any person or property. If you do not comply with this we are entitled to suspend and / or terminate your access to the Platform with immediate effect.
    2. You must not
      1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software (as applicable) in any form or media or by any means;
      2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;
      3. access all or any part of the Platform in order to build a product or service which competes with the Platform, Software or Services;
      4. use the Services to provide services to third parties other than providing recruitment tracking functionality within your group of companies and in the ordinary course of your business;
      5. permit any person to access the Platform other than Authorised Users.
    3. You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
    4. You must ensure that all Authorised Users use the Services in accordance with the terms and conditions of these terms and shall be responsible for any Authorised User's breach of these terms.
    5. You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
  5. Our obligations
    1. We will make the Services available to you during the Term, on and subject to the terms of this Agreement. We aim to make the Services available 24 hours per day, seven days per week and we will respond to any service issues and interruptions that impact on your use of the Services. If you do have any Service issues please email us at help@nurtureit.io. We will notify you in advance of any significant planned downtime, which will be out of office hours whenever we are able to do so. We will also give you as much notice as reasonably possible of any significant emergency downtime (if advance notice is possible) and will work to resolve any such incidents as soon as reasonably practicable.
    2. We have strict controls around the collection, storage and use of Data that is uploaded into the Platform We are transparent about what data will be held on the Platform, and how this Data will be used (see the table at the bottom of this Agreement for more details).
    3. The Platform is hosted on servers in the UK, and we won't change this without notifying you first. Regular back-ups are taken (and are stored on a UK cloud service) but we cannot guarantee that any or all of your Data will be restored in the event of a system failure.
    4. Our analytics, customer support, billing and other non-core services could be located overseas, and you agree that your Data may be transferred outside of the UK for these purposes (and we will ensure any necessary legal requirements for such transfers are in place)
    5. We can't promise that the Platform, Software or Services will be 100% bug free, without service interruption or without risk of theft, cyber-attack or some other similar vulnerability. Likewise we can't guarantee there won't be data loss in the event of a system crash or if a back-up fails, or that coding errors arise. What we can do is build our Platform in line with industry standard protocols and monitor system stability and risk. If we become aware of a vulnerability we'll action it, which could mean taking down the Platform until there's a fix (which we'll make sure we do as soon as possible). You have a role to play here too, not just by ensuring you and your Authorised Personnel comply with these terms. If you discover a bug (for example which allows someone else to access Data on the Platform) then let us know immediately so that we can investigate.
    6. Where Data involves personal data (which is data that identifies an individual) then we both agree to comply with our respective obligations under applicable data protection laws (including the Data Protection Act 1998 and the General Data Protection Regulation as of May 2018) in the provision of the Services (in our case) and use of the Services (in your case).
    7. If you upload personal data into the Platform you must make sure you are permitted by law to retain and store the data in this way; this is your legal responsibility. To the extent you do upload personal data you will be the data controller, and us the data processor, and in such case:
      1. we will retain your personal data in the UK and only transfer it outside of the EEA as expressly permitted by this Agreement or as we agree otherwise.
      2. you shall ensure that the relevant third parties have been informed of, and have given their consent (if needed) to, such use, processing, and transfer as required by all applicable data protection legislation;
      3. we will process your personal data only in accordance with these terms and any lawful instructions reasonably given by you from time to time;
      4. we will not transfer your personal data to any third party (other than Authorised Users) without your prior consent;
      5. we will promptly notify each other (in any event within 24 hours) if we become aware of any personal data breach, or if your Data is lost, destroyed or becomes damaged, corrupted or unusable;
      6. we will provide each other with reasonable assistance to ensure compliance with data protection laws or in the event of a data breach;
      7. we will notify you if we receive a request from an individual relating to their personal data (following which you may be required to delete relevant Data from the Platform;
      8. you must ensure that you at all times comply with data protection laws applicable to the use of personal data within the Platform;
      9. we will both take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
  6. Charges
    1. Where you have selected a paid for Service, you must pay the Subscription Fees. We will invoice in arrears (for both monthly and annual subscriptions). All Subscription Fees are subject to VAT at the prevailing rate and must be paid within 30 days of invoice (or immediately if paying online).
    2. Subscription Fees are based on your number of Authorised Users . As per clause 3, you can purchase licences for Additional Users at any time, and will be billed accordingly.
    3. If your payment details fail, we will attempt to contact you to resolve the issue. If after 7 days payment is still not received we may cancel your account and terminate this Agreement.
    4. The Subscription Fees may be subject to review, and we will notify you at least 30 days in advance of any planned fee increases. If you so not wish to continue with any new rates you may cancel your subscription (and this Agreement) by giving us at least 14 days' notice in writing.
  7. IPR
    1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services, the Software and the Platform. You are not granted any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services, the Software or the Platform.
  8. Confidentiality
    1. We recognise the need to treat your confidential information securely, including Data you upload into the Platform. As such we will implement safeguards to protect your data at all times, and we will only use your confidential information to provide you with the Services or as otherwise permitted by this Agreement.
      Likewise you agree to treat our confidential information, including details of the Services, Software and Platform, confidential and not disclose this to third parties.
    2. If you are part of a team service account, then you acknowledge that the company’s Administrators control who has access to view, edit or delete your data.
    3. If we are required by law to disclose your confidential information to a third party (for example the police) we will endeavour to notify you in advance unless we are prohibited from doing so. You will do the same with our confidential information.
    4. For the avoidance of doubt, we will not be responsible for any loss, destruction, alteration or disclosure of confidential information or Data caused by a third party including in the event of any form of cyber security breach or other malicious system intrusion caused by a third party. We will also not be liable to you for any misappropriation or misuse of your Data or confidential information by any Authorised User.
  9. Liability
    1. Nothing in these terms excludes our liability to you for death or personal injury caused by our negligence, or for our fraud or fraudulent misrepresentation.
    2. Subject to clause 9.1 in no event will we be liable to you in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms.
    3. Subject to clause 9.1 and 9.2, In no event will we be responsible for any loss or damage caused by any of your Authorised Users accessing or extracting data from the Platform (for example unlawful use of confidential information by a rogue employee).
    4. Subject to clauses 9.1, 9.2 and 9.3, our total aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Service, Software, use of the Platform or otherwise performance or contemplated performance of these terms shall be limited to the total Subscription Fees paid by you. If you have opted for our free Service then the extent of our liability is as set out in clause 9.1
    5. Except as expressly and specifically provided in these terms, all Services are provided to you as-is and all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms.
    6. All claims under this Agreement must be brought within 12 months of the event of liability arising or will be forever barred.
    7. Where our websites have links to other websites and information/resources provided by third parties, these links are provided for information only. We don't have control over third party websites, and accept no responsibility for them or for any loss or damage that may arise from you using them.
  10. Termination
    1. These terms shall, unless otherwise terminated as provided in this Clause 10, continue until terminated by either you or us on giving not less than 14 days' written notice to the other.
    2. We may suspend your account or terminate this Agreement with immediate effect if you commit a material breach of these terms of fail to pay fees that are due.
    3. On termination of these terms for any reason all licences granted under these terms shall immediately terminate, your access to the Platform will be blocked and you shall immediately cease all use of the Services. We may permit you to take a copy of your Data from the Platform, or will provide you with a copy, before access is permanently blocked. Thereafter we will permanently remove your Data from our systems.
  11. General legal things
    1. We won't be liable to you for any failure or delay in providing the Services to the extent such failure or delay is caused by events beyond our reasonable control.
    2. No variation of these terms shall be effective unless we agree in writing (authorised emails are fine). We will send you an updated version of these terms as soon as reasonably practicable thereafter.
    3. No failure or delay by us to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    4. Except as expressly provided in these terms, the rights and remedies provided under these terms are in addition to, and not exclusive of, any rights or remedies provided by law.
    5. If any provision (or part of a provision) of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
    6. These terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    7. Each party acknowledges that in entering into these terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
    8. You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms. We may assign, transfer, charge or sub-contract all or any rights or obligations under these terms to a third party.
    9. Nothing in these terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    10. These terms do not confer any rights on any person or party (other than the parties to these terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
    11. Notices under this Agreement may be served by email (it’s an online solution after all) provided that such notices are served to help@nurtureit.io (for notices to us) and our key account contact (for notices to you). All notices by email must be acknowledged within 24 hours of receipt (although notices served at a weekend or a bank holiday can be acknowledged on the next working day). Notice is not validly served if an automatic response email is received informing the sender that the intended recipient has not received the email (and in such event the parties will cooperate to obtain alternative contact details for the service of a notice).
    12. These terms and any dispute or claim arising out of or in connection with it or its 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. Each party 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 its subject matter or formation (including non-contractual disputes or claims).

     



Defined Terms

Term Definition
Agreement These terms and conditions
Authorised Users Those employees, agents and independent contractors who are authorised by you to use the Services
Data The data entered by you or your Authorised Users into the Platform for the purpose of using the Services or facilitating your use of the Services.
Platform The portal found at https://nurtureit.io and related subdomains through which you access the Services.
Services The online recruitment solution we provide on the Platform
Software The online software applications provided by us as part of the Services
Subscription Fees The subscription fees payable by you to us and as amended in accordance with these terms.
Team Service The facility or facilities which allows you to add other Authorised Users to your account. This is also referred to as a company account.
We/us Nurtureit.io Limited (registered number 11071106) whose registered address is 12 Fraley Rd Fraley Road, Bristol, United Kingdom, BS9 3BS
You/your The entity purchasing the Services and / or accepting these terms and conditions.


Data

Data Type Detail Our Use
Core Data Data which you provide so that the system can function such as job details, target salaries, start dates, contact details.

This will be visible to you when you log in to the system.

For Team Service customers, this data is available to other members of the company (team administrators have some control over what is shared)

We will use your ‘Core data’ and ‘Activity data’ as well as analysis of that data to provide insight and predictions for you.

We may contact you by email or other methods to provide reports, insight or other information we think may be useful based on your data (you can opt out of this communication if you choose)

Some of your personal data is synchronised with our customer support, communications, billing and non-core systems so that we can provide timely and useful service.

Authorised Nurtureit administrators can access your data to provide service or coaching.

Authorised Nurtureit technical staff can access all data in the course of fixing bugs or developing the system.

This data will not otherwise be visible to other users or the public unless you or your company explicitly allow this

Preference Data Data about your preferences such as the current view of filter settings you are using. As above.
Activity Data Data about activity and changes, for example when a job is created, when CVs (Resumes) are sent, when a job is won or lost. As above.
Analytics Data Data about how our Platform is used (we currently use google analytics, but reserve the right to use other analytics providers without notice).

This is data where we have aggregated data across multiple accounts so that the original source is no longer apparent.

We will analyse both ‘Core Data’, ‘Activity Data’ and other relevant data to help improve our ability to benchmark and predict performance.

Benchmarks and calculations can be used across the system for all users to improve our ability to offer predictions and insights.

Billing Data Data we need in order to charge you for Services. Purely for account management and invoicing purposes.
Log Data Data about the running of the Platform (for example what IP address you connect from, what your browser sends to our system). We may use this data to ensure your Services are running smoothly and to ensure that the Platform is operating effectively.
Other Data Other data required to let the Platform work (such as your Linked in login token if you log in with Linked In) We will use system and analytics data, as well as other available data, to understand how Nurtureit is being used, how to resolve issues and how to improve the Platform.