Terms & Conditions
I. Terms & Conditions
1 Introduction and Definitions
This Website is owned and operated by 365 RESOURCE LIMITED trading as 365 TALENT PORTAL (“365 TALENT PORTAL”) whose registered office is at 2nd Floor Exchange Building, 16 St Cuthberts Street, Bedford, United Kingdom. 365 TALENT PORTAL is referred to as “Us” “We” and “Our”.
Our Website offers an online platform connecting technology consultants with organisations looking for skilled professionals. You may use the site as a visitor, but You will only have limited access. By registering for a User Account You may make use of the Website as permitted by the terms of Your User Account.
If You register as a consultant You can post Your profile, update Your calendar availability, view available jobs or project that meet Your requirements, save Your favourite clients and get updates on any new jobs or projects that could fit Your profile.
If You register as a technology end-user or partner with a Bronze Membership, You will experience the “look and feel” of the site with limited functionality. You will be able to search for consultants but only their location, background and skills will be displayed. You will not be able to view the names of the individual consultants, nor contact them, You will not be able to publish job adverts and use most of the functionality of the site. This access is free of charge.
If You register as a technology end-user or partner with Silver or Gold Membership You can search for available professionals that meet Your requirements, connect with them and advertise jobs to the registered consultants. You can also save details of Your favourite consultants and get updates if they, or someone else with similar skills, become available.
By registering for a User Account or by using Our Services You are deemed to have accepted the Terms and Conditions and You are agreeing that You shall be bound by them. Please read the Terms and Conditions carefully and contact Us or Your legal advisors if You have any questions relating to the Terms and Conditions. If You do not agree to be bound by all of the Terms and Conditions, do not proceed further in the Website and do not use, access, purchase or download materials from the Website or obtain a User Account and do not request any of Our Services.
We reserve the right to make changes and corrections to any part of the content of this Website at any time without notice.
We make all reasonable efforts to keep the Website up and running smoothly. However, We may from time to time be required to suspend the operation of the Website without notice for repair, maintenance, improvement or other technical reason. We do not guarantee that use of the Website will be uninterrupted or error-free or will achieve any particular results.
The Terms and Conditions are effective from 10th April 2017. We may change the Terms and Conditions from time to time and You should check the Terms and Conditions from time to time to ensure You are happy with any changes.
3 Acceptable Use Policy
The content of this Website is for Your general information and use only. You are prohibited from:
1) using the Website for any commercial purposes other than that for which the Website is intended;
2) collecting and storing users’ personal or contact information for any purpose other than that permitted under these Terms and Conditions;
3) diverting users to other Websites;
4) using the Website for promoting, advertising or marketing any other services or products without Our prior written approval;
5) using the Website in any way that We reasonably consider to be in competition with Us.
This Website contains information that is owned or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with Our copyright notice which forms part of the Terms and Conditions.
All trademarks reproduced in this Website that are not the property of, or licensed to, Us are acknowledged on the Website.
Unauthorised use of the Website or its content may give rise to a claim for damages and/or may be a criminal offence.
Use of this Website is subject to the following disclaimers:
We have taken all reasonable care in the preparation of the content of this Website. The information and materials provided by Us on this Website contains are provided in good faith. Some information and materials are prepared on the basis of publicly available information and other sources that are believed to be reliable.
We do not guarantee the accuracy or validity of the information and materials on this Website and in particular We are not responsible for the information posted on the Website by users or for verifying its accuracy. We take reasonable steps to monitor information that is posted on the Website and may require the removal of any information which breaches our policies.
While We use reasonable endeavours to keep the information up to date and correct, neither We nor any third parties make any representations or provide any warranties, express or implied, as to the accuracy, reliability, timeliness, completeness, or suitability of the information or materials on this Website. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We make no warranty or representation that this Website will always be available or that any Website problems will be corrected or that it or any material downloaded from it is free from viruses or similar.
You may find that this Website is linked to or from other Websites through hypertext or other computer links. These links are provided for Your convenience and We have no control over and shall not be responsible for the content of any linked Websites. The existence of any links does not imply that We recommend or endorse the content in any linked Websites.
Access to this Website including the use of any information or materials on it and any reliance You place on such information is entirely at Your own risk. It shall be Your own responsibility to ensure that any information or Services made available through this Website meet Your specific requirements.
5 Limitations of Liability
Please read these provisions carefully as they limit Our legal liability in connection with Your use of Our Website. Nothing in the Terms and Conditions shall attempt to limit liability that is not permissible under applicable law including for death or personal injury or for fraudulent misrepresentation.
Except as expressly set out in the Terms and Conditions, in no event will We be liable (including in contract, tort, negligence, statutory duty or otherwise, to the maximum extent permitted by applicable law) for any loss or damage whatsoever, including without limitation, direct, indirect or consequential loss or damage, resulting from whatever cause arising out of or in connection with the use of this Website or through the use of any information or material obtained either directly or indirectly from this Website.
We accept no responsibility for, and exclude all liability for, the Website being temporarily unavailable for any reason.
6 Copyright Notice
We hold the intellectual property rights in the contents of this Website. The Website and its contents, including Our trademarks and logos, is copyright of 365 Resource Limited. All rights reserved.
We grant to each user a license to use the content of this Website solely in accordance with these terms.
Any redistribution or reproduction of part or all of the contents of this Website in any form is prohibited other than the following:
• You may print or download to a local hard disk extracts in an unaltered form for Your personal and non-commercial use only;
• You may copy the content to individual third parties for their personal use, but only if You acknowledge the Website as the source of the material and Our copyright in the content.
You may not, except with Our express written permission, distribute, or commercially exploit the content, nor may You download, transmit or store it in any other website or other form of electronic retrieval system.
7 Governing Law
The Terms and Conditions shall be governed by and construed in accordance with English law. Your use of this Website is subject to the laws of England and Wales and You and We agree that the courts of England shall have exclusive jurisdiction to settle any disputes arising out of such use of the Website or the Terms and Conditions.
If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The Terms and Conditions constitute the entire agreement between You and Us with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between You and Us, both oral and written.
This policy will also instruct You on what to do if You do not want Your personal information collected or shared when You visit Our Website or respond to Our advertisements. If You have any questions or concerns relating to this policy, please email Us at firstname.lastname@example.org.
10 Links to Other Sites
www.365talentportal.com contains links to other sites. Please be aware that We are not responsible for privacy practices on other sites. This policy applies solely to Your use of Our website.
11 What data do we collect, and why?
11 a. For 365 Talent Portal Members and Subscribers
This section applies to registered Members of 365 Talent Portal and/or to individuals who are subscribed to Our Newsletters or to any of Our other mailing lists, email alerts and automated notifications.
We will only collect information that personally identifies You (“Personal Information”) if You provide it to us voluntarily. The information We may ask You to provide includes:
- Information which allows us to identify You (first name, last name, location)
- Contact information (phone number, email address, postal address)
- Professional or company information (main Microsoft products of interest, role, company name or employer name, CV, LinkedIn profile link, job search preferences)
- Information required to take payments from You, if applicable (billing address, VAT registration, card details).
We will request this information from You directly. This will be done via Our Registration pages (if you choose to become a registered member of 365 Talent Portal) or via Our Subscribe forms (if you choose to subscribe to our Newsletters, mailing lists, email alerts or automated notifications).
11 b. Third-party data collection
Our business activities may require that We collect and process personal data from third-party websites for the purpose of performing the services offered by Our company (such as Our hiring services). The data We collect via these means may include Your first name, last name, email address and company name. We will only collect Your data from a third-party website via legal means and only if We have identified that You might benefit from Our services.
This data is being collected and processed by 365 Resource Limited only, under the lawful basis of Legitimate Interests. This data will only be used for the performance of activities which are necessary to raising awareness about Our services to the companies or individuals who may benefit from them; or of activities which are necessary to performing the services which We sell to Our customers.
12 What do we do with your data?
Any information You give Us will be stored on Our systems and may be processed and used by Us and disclosed to, processed and used by other companies that assist Us in providing Our Services. We shall only use Your payment card/account details in order to process Your Membership and We shall not disclose Your payment card/account details to third parties except as set out in this clause or as required by law.
12 a. Registered 365 Talent Portal members and subscribers
The data You enter in Our registration form when creating a 365 Talent Portal account will be used to list Your information in Our database and to verify Your identity as a genuine Microsoft Dynamics professional or employer.
If You create a ‘Microsoft Professional’ account or a ‘Student or Graduate’ account, We may use Your personal data to contact You about the basic services Our website provides. This includes punctual messages about new roles which might be a good fit for You.
If You create a ‘Microsoft Partner’ or ‘Microsoft End-User’ account, We may use Your personal data to contact You about Your use of Our website. This includes punctual messages from Our team to ask about Your hiring needs.
The data You enter in our Newsletter or Webinar subscription forms will be used to send You the newsletters or webinar invitations which You requested via these forms.
12 b. Third-party data collection
Any personal data We collect from third-party websites will be used specifically to contact You about how Our services might be of help to You or about a job opening which might be relevant to You.
13 Who has access to your data?
13 a. Registered 365 Talent Portal members and subscribers
If You are subscribing to Our newsletter but You aren’t a 365 Talent Portal member, Your data will only be accessed by Our staff. This may include team members who are located internationally. We are ensuring the safety of any data which may be transferred internationally.
If You create a ‘Microsoft Professional’ account or a ‘Student or Graduate’ account, You will be asked to choose whether or not You would like Your 365 Talent Portal profile to be visible. If You make your profile visible, some of Your personal data will be accessible to Our customers with an active membership. You can check what information is visible by clicking the View Profile button in Your Manage Profile page.
If You create a ‘Microsoft Partner’ or ‘Microsoft End-User’ account, Your personal data will be hidden unless you publish a job advert. If You publish a job advert, Our registered Consultants and Students will be able to see Your company name, company logo and company website address.
13 b. Third-party data collection
Your data will only be accessed by Our staff unless we have Your explicit permission to communicate it to a third-party.
14 How long do we keep your data?
The nature of Our activities means that We need to keep the personal data of the individuals with whom We engage. For individuals who aren’t members or subscribers and have expressed the wish not to engage with Us, We usually retain personal data to keep a trace of these exchanges and prevent future processing of this personal data as a part of our lead generation or hiring campaigns, unless We have been asked to delete this data entirely.
We will delete Your personal data if You request it, or if We establish that retaining Your data is of no benefit to You or to Us.
15 What are your rights and how can you exercise them?
All requests for exercising Your user rights under the GDPR must be submitted by contacting email@example.com. In compliance with the GDPR, We will comply with any such requests within one calendar month.
In compliance with the GDPR, Our users benefit from the following individual rights regarding their data.
15 a. Right to be informed
You have a right to be informed about the collection and use of Your personal data. If You voluntarily provide us with personal data via a form our webpage, this form or webpage will include information about why We collect Your data and what We will do with it.
If We collect Your data via a third-party source, We will inform You of this collection and processing when We first contact You.
15 b. Right of access
You have a right to access the personal data which We hold about You. You may request that We confirm that We are processing Your personal data, and You may ask for a copy of the data We are holding about you.
15 c. Right to rectification
You have a right to request that inaccurate personal data be rectified or that incomplete personal data be completed. If You are a 365 Talent Portal member, Your data must be rectified or completed by You via Your Manage Profile page.
15 d. Right to object
The right to object means that You can object to the processing of Your personal data by 365 Talent Portal. This means that You may, at any point, ask us to stop processing Your data entirely or partially.
This right applies to:
- The processing of Your data for the purpose of sending You our Newsletter
- The processing of Your data for the purpose of sending You automated alerts about new roles or new consultants registering
- The processing of Your data for the purpose of giving You access to Microsoft services, or to any other service which isn’t included in Our platform
- If you aren’t a 365 Talent Portal member, the processing of Your data for the purpose of lead generation or hiring services.
We offer You the option to opt-out of each of these types of processing individually.
If You wish to object to the processing of Your data for the purpose of sending Your our Newsletter, sending You automated email alerts or giving You access to Microsoft services, You need to do so by updating Your preferences in your Privacy Settings page, or by clicking the Unsubscribe link in the footer of Our newsletter.
15 e. Right to erasure
If We hold personal data about You, You have a right to request that We erase your data from Our systems entirely.
15 f. Right to data portability
You have a right to obtain a copy of the personal data which You have provided to us for the purpose of reusing this data in other IT environments.
This situation only applies to the information provided by You in Your 365 Talent Portal member profile or in Our subscribe forms. You may access and copy this information by logging in to Your 365 Talent Portal account and going to Your Manage Profile page.
If You apply to a role through Us and send Us your CV via any support other than the Upload CV function on Our website, Your right to data portability doesn’t apply to this CV: We only use Your CV to process Your application to the role for which You have sent it and We will not keep it on file beyond Your application period.
16 Automated profiling
16 a. Cookies
The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
You can also visit the Information Commissioner’s Office website for more information about the UK Cookie directive.
16 b. Non-personal information collected automatically
In some cases, We may collect information about You that is not personally identifiable. This may include:
- the Internet Domain and IP address from which You access the Website. These IP addresses are not linked to any personal data so all visitors to Our Website remain anonymous;
• the type of browser and operating system used to access the Website;
• the date and time of Your visit;
• the pages You visit; and
• whether You clicked on a link to Our Website from another site.
17 Microsoft Services
365 Talent Portal users can, under specific circumstances, request access through Us to a few selected online Microsoft services.
What we mean by ‘Microsoft services’ is any online professional website, tool or training platform which is owned and managed by Microsoft but from which Our eligible members can benefit by requesting access through Us. An example of such a service is the free access to the Dynamics Learning Portal (DLP) which is offered to Our Student and Graduate members if they request it.
The list of the Microsoft professional services which can be access through Us depends on Our agreements with Microsoft and may vary over time.
Access to Microsoft services through Us can only be granted to You if You specifically request it and if You follow the request process as described on Our site, as well as provide all the required information. In order to access Microsoft services through Us, You will also need to meet specific eligibility criteria which are different for each Microsoft service and which may vary over time.
You will never be added to a Microsoft service provided by 365 Talent Portal unless You have explicitly requested for this to happen and have given us Your consent to be added to the service in question.
18 Contact Information
III. Terms of Registration
This Website is intended for business use only and not for personal, household, or consumer use. Registration is open to client organisations and consultants seeking to offer or fulfil requirements for the supply of technology skills and resources. By registering for a User Account You may make use of the site in accordance with your selected Membership Category.
20 Membership Categories
We offer a range of membership categories to meet different user needs. On registering for a User Account You will be asked to select your membership Category, and to accept the terms that apply to the selected Membership Category.
Membership categories for Consultants:
• Basic Membership – By registering as a consultant with a Basic Membership User Account You can post Your profile, update Your calendar availability, view and respond to available jobs or projects that meet Your requirements, save Your favourite clients and get updates on any new job adverts that could fit Your profile. Basic Membership is free of charge.
• VIP Membership – In addition to Basic Membership features VIP Member profiles will appear on top of the search results where they match a search request submitted by an end-user or a partner.
Membership categories for technology end-users or partners:
• Bronze Membership – Bronze Members will allow You to experience the “look and feel” of the site with limited functionality. You will be able to search for Consultants but only their location, background and skills will be displayed. You will not be able to view the details of the individual consultants, nor contact them. Bronze Membership is free of charge.
• Silver Membership – As a Silver Member You can search for available professionals that meet Your requirements, connect with them and advertise jobs to the registered consultants. You can also save details of Your favourite consultants and get updates if they, or someone else with similar skills, become available.
• Gold Membership – If You register as a technology end-user or partner with Gold Membership, You will receive all the benefits of a Silver membership and in addition We will allocate a dedicated account manager to work with You and assist with Your requirements. The account manager will send You suggestions and encourage consultants to apply to your job adverts. The account manager will also invite external consultants who meet your criteria to register to our site.
We reserve the right to vary the terms of Our Membership Categories from time-to-time at Our sole discretion. If at renewal Your current Membership Category is no longer available You may either renew under an alternative Membership Category, or where no suitable category is available, terminate Your Membership
21 Account Registration and Use
To access the content and services of the Website You must become a Registered User by registering for a User Account. By submitting an application to become a Registered User You confirm that You fulfil the criteria to qualify as a Client User or Consultant User as defined in clauses 21 and 22 below and that You accept and will abide by all of the Terms and Conditions. You agree to provide true and accurate information when registering and to maintain and update your account records with true and accurate information.
You may create a User Account on behalf of your organisation, but as the Registered User you are also individually bound by this Agreement.
On registration You will be required to create a username and password to access Your account. This information is personal to You and You must treat it as confidential, and must not disclose it to any third party. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us at firstname.lastname@example.org.
We have the right to disable or delete Your User Account at any time, if in our reasonable opinion:
(a) You do not meet Our registration eligibility requirements as set out in clause 21 – 23; or
(b) the information You post on the Website is not true, accurate, or complete; or
(d) You have allowed anyone else to use your account;
and You agree that We will have no liability to You as a result.
You are a Client User if You are an organisation seeking technology skills and resources solely for Your own internal business use. Client Users are either technology end-users or implementation partners.
Registration for a Bronze Membership User Account by a Client User is free of charge.
Registration for a Silver or Gold Membership User Account by a Client User is subject to payment in advance of a Membership Fee in accordance with our current published rates. Silver or Gold Membership Client User access to Your User Account will only be granted following receipt of full payment. We will notify you prior to the expiry of your membership with details of the Membership Fee to renew your membership for a further period. The renewal Membership Fee will be in accordance with our then current published rates. If full payment is not received prior to the renewal date Your User Account will be downgraded to Bronze Membership.
You agree that we can reference your company and logo responsibly in our marketing material without prior consent needing to be sought.
Client Users who create a User Account on 365 TALENT PORTAL become Client Members.
Consultant Users are individuals wishing to offer their skills and resources to Client Users. Consultant Users cannot use the site to contact or be contacted by Client Users and then to promote other organisations they are connected with. A Consultant User cannot register for more than one User Account.
Consultant Users who create a User Account on 365 TALENT PORTAL become Consultant Members.
Use of the Website is free to Consultant Members with Basic Membership. VIP Membership for Consultant Members is subject to the payment of a fee in accordance with the current rates published on our website. You will only be able to access services available to VIP Members once We have received full payment of the applicable fee.
24 Registration Criteria
This Website is intended for use solely by individual consultants seeking to find a technology job or project to work on as a professional themselves, or by organisations seeking to find technology professionals to work on a technology job opening or project for their own internal business use.
If You do not meet these registration criteria you are not eligible to register as either a Client Member or Consultant Member and should not attempt to become a Registered User. Examples of organisations or individuals not eligible for registration include:
(a) employment agencies or employment businesses; or
(b) organisations or individuals seeking technology skills and resources on behalf of a third party and not for solely for their own internal business use; or
(c) organisations or individuals seeking to introduce consultants to a third party whether in return for a fee or not.
Where We identify that a Client or Consultant User Account is being misused in this way We reserve the right to terminate such User Account immediately without notice and without refund of any fees paid.
Our commitment to Gold Users is to provide additional high value service that delivers excellent value for money. In the exceptional circumstance that this commitment is not met, we will refund the membership fee to a User in accordance with this refund process.
On expiry of their membership, Gold Membership Client Members who have been unable to identify suitable consultants with the right skills amongst the Consultant Members registered on the site (or amongst the Consultant applicants submitted through our external talent sourcing service) may submit a request for a refund of their membership fee.
(a) In order to qualify for a refund, You must meet the following criteria:
– You must publish at least one job or project on Our site no later than halfway through your Gold membership (for instance, if you are signing up for a 3 months membership, you’ll need to post a Dynamics job no later than 30 business days before your membership expires).
– Your job advert(s) should clearly state the required skills and resources, as well as the pay range and work conditions.
– If Your requirements evolve over the course of Your Gold membership, Your job advert should be deleted and reposted with the updated information.
– You must make reasonable efforts to search for consultant candidates on our database during the course of Your membership.
– You must review, within five working days, any applications received through Our portal or sent to You by Our team.
– You must provide Us, within five working days of receiving a request from Us, with updates on the status of each candidate whose application You received through Our services.
– In the event that a candidate whose application You received through Us is unsuitable, You must provide Us, within five working days of making Your decision, with feedback explaining why this candidate was unsuitable for your role.
– If, for any reason, You are unable to monitor our communications for five consecutive working days or more, You must notify Us of this in advance so We can pause Our external search efforts.
– In the event that Your role should prove to be difficult to fill, You must make reasonable efforts to work with Us on reviewing and adjusting Your requirements or Your job advert.
– If Your project was cancelled during the course of Your membership and You didn’t have any further requirements, You must inform us of this situation as soon as possible.
– You must confirm that You have not employed, and will not employ during the next 6 months, anyone whom You have found, been introduced to, or been in contact with via the 365 Talent Portal site or team.
(b) If the above terms have been met, You can submit a refund request by filling in this form no later than 10 working days after the expiration of your Gold Membership.
(c) We will only process refund requests following receipt of a completed Refund Request Form listing the reasons for Your refund request, and including the signed declaration detailed in the form mentioned in 24 (b) above.
(d) We will review the Refund Request Form, the details of your job advert(s) and searches against the profiles of the Consultants available during the period for which the refund is being requested. Provided that You have met the terms listed in 24 (a), and that, in our reasonable opinion, there were no suitable matching consultants that would have met Your requirements, or Your project was cancelled, we will authorise Your refund request for payment.
(e) We will issue a refund against an authorised refund request within 10 working days of receipt of Your Refund Request Form.
Refund requests will not be accepted until the User has completed their current term of membership.
Refunds will be limited to the Membership Fee for the expired membership period only.
26 Relationship with 365 TALENT PORTAL
You acknowledge that 365 TALENT PORTAL will not be a party to any agreement made between Users of this website and that where You enter into an agreement with another user You do so entirely at Your own discretion and the 365 TALENT PORTAL has no responsibility of liability for any such agreement.
27 Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy in clause 3. You warrant that any content you upload to our site complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any content you upload to our site if, in our opinion, your content does not comply with the content standards set out in our Acceptable Use Policy.
28 Provision of Services
We may at any time without notifying You make any changes to the Services which are necessary to comply with any applicable statutory, legal or other requirements, or which do not materially affect the nature or quality of the Services or which are necessary due to events or circumstances beyond Our reasonable control.
The following terms have the meanings set forth below whenever they are used in these Terms and Conditions:
|“User”||means an individual who visits Our Website.|
|“Member”||means a User of the Website which has registered with 365 TALENT PORTAL by creating a User Account.|
|“Subscriber”||means an individual who has subscribed to one or several of Our mailing lists.|
|“Personal Information”||means information that personally identifies You.|
|“Services”||means any services we provide to You either through the Website or directly.|
|“User Account”||means an account, created by registering, which permits access to the functionality of the Website as provided to Members in accordance with their Membership Category.|
|“Website”||means the website owned and operated by 365 RESOURCE LIMITED trading as 365 TALENT PORTAL|