Terms and Conditions

1. Introduction

1.1 These terms and conditions govern the use of our website and services for facilitating staff secondments.

1.2 By using our services, you agree to comply with these terms and conditions.

If you want to use our services whether by looking at the site or applying for an account, you must read and agree to this Agreement. If you are using our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.

You agree that before entering into a Service Contract, you will: (a) use OnSecondment exclusively to communicate with other Users; (b) not share your Direct Contact Details with any other User or person identified through the Site;  refrain from using another User’s Direct Contact Details to communicate, solicit, contact, or find their contact details outside of OnSecondment; (c) not seek, provide, or attempt to identify another User’s contact information through public means; and (d) avoid including any Direct Contact Details or ways to discover your contact details in any secondment posting, or pre-hire communication.  

For the purposes of these Terms and conditions, “Direct Contact Details” refers to any details that enable direct contact, such as phone numbers, email addresses, physical addresses, links to contact forms, links to applicant management systems, or any information that allows contact through social media or other platforms with communication tools, like  Slack, WeChat or Facebook. Information is considered Direct Contact Details if it allows another user to identify any of the above details through other sources, such as visiting a website with an email address or identifying you on social media. You acknowledge and agree that violating this Section constitutes a material breach of the Terms and conditions and may result in the permanent suspension of your Account.

1.3 Accurate Information. You must provide accurate personal information when registering and update it if any changes occur. We may suspend or terminate your account if the information is false, outdated, or incomplete. To use our services, you must register for an account before posting advertisements, which will be visible to other users and the public. You agree to:

Provide accurate and complete information.

Keep your information current.

Not provide false or misleading information about your identity, location, business, owners, skills, or services.

Correct any information that becomes false or misleading.

We reserve the right to suspend or terminate your account if you provide false, inaccurate, or incomplete information.

2. Membership and Fees

2.1 Account Types. We offer three types of accounts: Executive, Corporate, and Charity. You can change your account type at any time, but only registered charities (with charity numbers) can access a Charity account. You must register for only one account. For example, if you have a Corporate account, you can upgrade to Executive support for specific secondments while keeping your Corporate membership and paying the Executive fee for the service.

If you create an account as an employee or agent for a company, you confirm that you are authorised to enter into binding contracts, including these Terms of Service, on behalf of yourself and the company.

2.1.1 Account Permissions. You are responsible for all activity on your account. You can give other users permission to act on your account only if they are authorised. You must not allow anyone else to create an account for you, except authorised employees or agents who can create an account for your business. By granting permissions, you confirm that:

The user is authorised to act on your behalf.

You are fully responsible for their actions, including making payments and entering into Service Contracts.

If a user with permissions violates the Terms of Service, it may affect your ability to use our services. If your account is closed, OnSecondment may close any related accounts.

2.1.2 Identity and Location Verification. You agree to allow us to verify your identity, location, and business affiliations as needed. We may verify your account through third-party databases or official documents. You authorise OnSecondment, directly or through third parties, to conduct necessary inquiries to validate your identity, location, and business ownership, in accordance with applicable law. You must provide complete information and cooperate with our verification requests. Your account may be limited during verification but will be restored once verification is complete.

2.2 Fees

Corporate and Charity Memberships: You must pay the annual membership fee before accessing any services. Unless otherwise agreed in writing all amounts payable to us must be paid in Pounds Sterling.

Executive Membership: You must pay a non-refundable £200 search fee before we search for applicants. The remaining payment, or "completion fee," is due within 30 days after the secondee starts their job.

If you fail to pay the completion fee, OnSecondment may pursue legal remedies.

Default. You will be in default if:

You fail to pay a balance due within 30 days.

Your credit or debit card is declined or expires, and you do not update it within 30 days.

You fail to pay an invoice within the agreed time or within 30 days if no time is specified.

If you are in default, we may close your account and revoke access to our services without notice. You will still be responsible for any amounts due on open projects. We may also:

Charge any payment method on file.

Report to credit agencies and law enforcement.

OnSecondment does not guarantee that clients can or will pay any secondment agreement and is not liable for clients in default.

Where you have provided us with your billing information, including:

you authorise us to bill such Payment Card for the Fees monthly in advance on each Billing Day beginning on the Effective Date; and where the applicable Fees cannot for any reason be charged to the Payment Card in part or in full, we will invoice you for the unpaid part of the Fees; or

purchase order information pursuant to clause 14.2.2, we will invoice you monthly in advance on each Billing Day beginning on the Effective Date.

2.3. No Refunds. Once OnSecondment charges your payment method, the charge is non-refundable. You agree not to initiate chargebacks.

3. Payment Method Authorisation. Clients must provide a valid payment method and authorise us to charge it. To use certain membership services, you must provide account information for at least one valid payment method. By doing so, you authorise OnSecondment to:

Run credit card authorisations.

Charge your payment method for service fees and other amounts owed.

If your primary payment method fails, you must provide a backup payment method. We may use third-party vendors to process payments and manage your payment method information.

2. Legal Authorisation By providing payment method information or authorising payments, you confirm that:

You are legally authorised to provide this information.

You are legally authorised to make payments using the payment method(s).

You are an employee or agent of the entity that owns the payment method and are authorised to use it.

Your actions do not violate the terms and conditions of the payment method(s) or applicable law.

3. Sufficient Funds When authorising a payment, you confirm that sufficient funds or credit are available. If amounts owed cannot be collected from your payment method(s), you are responsible for paying by other means. OnSecondment is not liable if a transaction fails due to legal limits or financial institution issues. We will make reasonable efforts to resolve such transactions.

3. Use of Service

3.1 Overview. OnSecondment is an online marketplace where companies can arrange secondments. We provide services such as hosting the site, maintaining it, and helping resolve disputes related to secondment contracts.

3.2. Service Contracts. When you enter a Service Contract through OnSecondment, you must use our platform to invoice, receive, and pay any amounts owed under the contract.

3.3 Our Role We offer a platform for users to connect, but we are not involved in negotiations or agreements between users, except for executive level memberships. You are responsible for the content you want to publish on our site and for your agreements with other users, including vetting and performance.

3.4 User Responsibilities

Content: You are responsible for ensuring the accuracy and legality of your content.

Contracts: You must evaluate and determine the suitability of secondment contracts and partner organisations.

Performance: You are responsible for negotiating, agreeing to, and executing contract terms, and monitoring performance.

3.5 OnSecondment's Responsibilities

We do not supervise, direct, control, or monitor users' contractual obligations.

We are not responsible for the accuracy or legality of user content.

We do not guarantee the performance or quality of services offered by users.

We do not create employment, agency, or joint venture relationships with users.

4. Secondment Agreements

4.1 Facilitation only. OnSecondment matches businesses for secondment purposes, but the secondment contract is agreed upon directly between the organisations. We are not responsible for the terms of the secondment contract or any disputes arising from it.

4.2 Service Contracts Clients can enter into additional agreements (e.g., confidentiality agreements) as long as they do not conflict with OnSecondment's Terms of Service.

4.3 No Warranties. OnSecondment provides services "as is" and "as available," without any guarantees. We do not promise uninterrupted or error-free services. To the fullest extent allowed by law, we disclaim all implied warranties, including those of title, data accuracy, non-infringement, merchantability, and fitness for a particular purpose.

3. Limitation of Liability. Our liability to you is limited. OnSecondment is not responsible for any damages or losses related to:

Your use or inability to use our site or services.

Delays or disruptions on our site.

Viruses or malicious software from accessing our site.

Errors or inaccuracies on our site.

Damage to your hardware from using our site.

Actions or content of third parties on our site.

Suspension or other actions taken regarding your account.

Your reliance on secondment postings.

5. Confidentiality and Data Protection

Confidential Information: Users must keep all confidential information secure.

Data Protection: Compliance with data protection laws, including GDPR.

6. Intellectual Property

Ownership: All intellectual property rights in the service and website belong to us.

License: Users are granted a limited, non-exclusive license to use the service.

7. Termination

Termination by User: Users can terminate their membership at any time. You can send notice to contact.us@OnSecondment.com. Upon termination, your right to use the services is revoked, and your account will be closed. Termination does not affect any Service Contracts between users. If you have open projects, you agree to:

Instruct OnSecondment to close any open contracts.

Termination by Us: We reserve the right to terminate or suspend access to the service for any user who breaches these terms.

8. Governing Law and Dispute Resolution

Governing Law: These terms are governed by the laws of England and Wales.

Dispute Resolution: Any disputes will be resolved through arbitration or in the courts of England and Wales.

9. Amendments

Changes to Terms: We may update these terms from time to time. Users will be notified of any changes.

10. Disputes  

We aim to resolve disputes quickly and cost-effectively. You and OnSecondment agree to resolve claims through binding arbitration on an individual basis, unless you opt out. This includes disputes related to this agreement, your relationship with OnSecondment, and the services.