Security Guards Direct Client Terms & Conditions
CLIENT TERMS AND CONDITIONS
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name Security guards direct (“Website“) and to the [ Security Guards Direct software application] (the “App”) (together the “Site”) and to any correspondence by e-mail or any other direct means of communication between us and you. Please read these Terms and Conditions carefully before using the Website and/or the App. Using the Website and/or the App indicates that you accept these Terms and Conditions regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website or the App. This notice is issued by Security Guards Direct Limited (company number 11407818) (“Security Guards Direct” or “us”).
https://securityguardsdirect.com.
LAST REVISED: These Terms and Conditions were last revised on 04/02/2022
1 Interpretation
1.1 The following definitions and rules of interpretation apply in this agreement.
| “Actual Assignment” | the Client’s vacant security assignments as the Client requests to be detailed on the Site from time to time in accordance with these Terms and Conditions; |
| “Advert” | an advert for an Actual Assignment as submitted by the Client via the Site in accordance with paragraph 5 of these Terms and Conditions; |
| “Assignment” | the appointment of a Freelancer by a Client under a Contract for Services (or otherwise) or the provision of services by a Freelancer to a Client and ‘appoint’ and ‘appointed’ shall be construed; accordingly, |
| “Bid” | an application submitted by a Freelancer via the Site in response to an Advert; |
| “Freelancer” | an independent freelance security operative wishing to find Actual Vacancies; |
| “Freelancer Fees” | the gross fees to be paid by the Client to an appointed Freelancer agreed at the commencement of the Assignment; |
| “Client” or “you” | a business or organisation who wishes to be put in touch with Freelancers in order to fulfil Actual Vacancies; |
| “Contract for Services” | the standard form contract for services located at [insert URL] which shall apply to all Assignments (unless otherwise agreed between the Freelancer and the Client); |
| “Introduction Fee” | has the meaning given to it in paragraph 6.2; |
| “Introduction” | the provision of Freelancer details to the Client (however accessed) through the Site; |
| “Services” | the advertisement and promotion of Freelancers and Clients through the Site in specified categories of security services. |
2 Introduction
2.1 You may access some areas of the Site without registering your details with us. The majority of the Site is only open to you if you register as a Freelancer or as a client. Some areas will be open only to Freelancers and not to Clients and vice versa.
2.2 These Terms and Conditions apply if you access the Site as a Client. If you wish to alternatively register as a Freelancer, please go to the Freelancer registration part of our website at securityguardsdirect.com.
2.3 By registering as a Client and continuing to access any part of the Site, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Security Guards Direct in full, you must leave the Site immediately.
2.4 Security Guards Direct may revise these Terms and Conditions at any time by updating this posting and changing the “LAST REVISED” information given above. You should check the Website from time to time to review the then current Terms and Conditions, because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website. We will seek to inform Clients using the contact information provided by them at the time of registration of any changes to the Site terms and condition, but you should always check the latest version of these Terms and Conditions in any event.
2.5 These Terms and Conditions together with our Information and Privacy Policy (which can be found at https://securityguardsdirect.com/privacy-policy/) form the entire terms between us for the use by you as a user of the Site including the access by you to the Site including any restricted or password-protected area of the Site.
3 Licence
3.1 Clients are permitted to print and download extracts from the Website for their own internal business use on the following basis:
3.1.1 no documents or related graphics on the Site are modified in any way.
3.1.2 no graphics on the Site are used separately from the corresponding text; and
3.1.3 Security Guards Direct’s copyright and trademark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by Security Guards Direct or its licensors. For the purposes of this legal notice, any use of extracts from the Site other than in accordance with these terms for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
3.3 No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Security Guards Direct’s prior written permission.
3.4 Any rights not expressly granted in these Terms and Conditions are reserved.
4 Service access
4.1 Whilst Security Guards Direct endeavours to ensure that the Site is normally available 24 hours a day, Security Guards Direct shall not be liable if for any reason the Site is unavailable at any time or for any period.
4.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond Security Guards Direct’s control.
4.3 Security Guards Direct accepts no liability for any failure of any infrastructure, communications link or hosting service or any other service or product outside its control which any user uses to access the Site.
5 Client’s Obligations
5.1 Other than personally identifiable information, which is covered under our Information and Privacy Policy, any Adverts you post to the Site shall be considered non-confidential and non-proprietary. You may only upload Adverts which conform to Security Guards Direct’s acceptable use policy set out in paragraph 5.2 to 5.6 (inclusive) below and shall indemnify Security Guards Direct in full for any loss caused as a result of a breach of those provisions. Security Guards Direct shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes associated with the development and maintenance of a market sharing platform for security positions and Freelancers and will, in particular, be entitled to provide such information to Freelancers as contemplated by these Terms and Conditions.
5.2 Clients are required to use all reasonable endeavours to ensure that information which they transmit, or post is as accurate as possible.
5.3 You are prohibited from posting or transmitting to or from the Site any material:
5.3.1 which is subject to a binding obligation of confidence in favour of any third party or which otherwise infringes any third party’s intellectual property rights.
5.3.2 which is, or which you reasonably suspect is, materially inaccurate or incomplete to a misleading degree.
5.3.3 that is threatening, defamatory, libellous, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of privacy or which may cause annoyance or inconvenience.
5.3.4 that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
5.3.5 for which you have not obtained all necessary licences and/or approvals; or
5.3.6 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.3.7 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.3.8 that would constitute, encourage, promote, or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law.
5.3.9 which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
5.3.10 which may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
5.3.11 which impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Security Guards Direct.
5.3.12 which contains unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations; or
5.3.13 which contains private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
5.4 You may not misuse the Site (including, without limitation, by hacking or by providing misleading information so as to obtain a commercial advantage or impose a commercial disadvantage on any third party or otherwise).
5.5 Security Guards Direct shall fully co-operate with any law enforcement authorities or court order requesting or directing Security Guards Direct to disclose the identity or locate anyone posting any material in breach of any applicable law.
5.6 Adverts must include the following information:
5.6.1 details of the position for which you are seeking to recruit.
5.6.2 details of any relevant qualifications / experience required by Freelancers
5.6.3 start date for the Assignment.
5.7 Security Guards Direct takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party to the Site, or for any loss or damage thereto, nor is Security Guards Direct liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Security Guards Direct is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area. Although Security Guards Direct has no obligation to screen, edit or monitor any of the content posted to or distributed through any interactive area, we reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any content posted or stored on the Site at any time and for any reason, or to have such actions performed by third parties on its behalf.
6 Payment
6.1 Where Security Guards Direct makes an Introduction which leads to an Assignment, you shall pay to Security Guards Direct an Introduction Fee.
6.2 The Introduction Fee shall be an agreed percentage of the Freelancer Fees and shall be payable in respect of each and every Assignment.
6.3 Upon completion of an Assignment, if you engage the Freelancer directly within a period of 6 months, you shall pay Security Guards Direct a further Introduction Fee calculated on the same basis as set out in clause 6.2.
6.4 For the avoidance of doubt, the Introduction Fee will be payable in the event of an Assignment being successfully secured (whether or not accepted through the Site) whilst both the relevant Freelancer and the Client are registered to use the Site and for a period of 6 months thereafter.
6.5 You undertake to submit details via to the Site of all Assignments (including Freelancer Fees payable to the Freelancer) to enable Security Guards Direct to calculate the Placement Fee. Security Guards Direct will issue an invoice to you for any Placement Fee due which shall be payable us in cash in pounds sterling within 30 days.
6.6 Any amount not paid within 30 days after the issue of an invoice will bear interest at the rate of 4 per cent above the base rate from time to time of the Bank of England from time to time accruing daily both before and after judgment until the date of payment.
6.7 All amounts due under these Terms and Conditions shall be paid in full without any deduction or withholding other than as required by law.
6.8 You undertake to keep accurate records of all Assignments (including hours worked and Freelancer Fees) during your registration with the Website and for a period of 6 months thereafter. You shall at any time if requested by Security Guards Direct make such records available for inspection and audit (including copies and extracts of records as required) by Security Guards Direct to enable the Placement Fee to be verified.
7 Basis of contract
7.1 A Bid constitutes an offer by the Freelancer to perform services in accordance with the terms specified in the relevant Advert.
7.2 A Bid shall be deemed to be accepted upon you confirming their acceptance of the Bid via the Website at which point, and on which date a legally binding contract shall come into existence between you and the Client (a “Contract”).
7.3 In entering into a Contract via the Website, you agree to be bound by the terms of any Assignment in accordance with the Contract for Services (which shall, for the avoidance of doubt, apply automatically on acceptance of a Bid by the Client). For the avoidance of doubt, this forms a direct contract between you and the Freelancer and Security Guards Direct is not a party to any such contract. We strongly recommend that you familiarise yourself with the terms of this contract as you will be legally bound to comply with the obligations set out therein upon acceptance of an Assignment via the Website.
8 The Security Guards Direct App
8.1 By registering as a Client, you will be able to download and use the App.
8.2 The App is available for download via Android, Apple IOS. Older versions of Android or Apple IOS may not be compatible with the App. If you have difficulty downloading the App, please contact us at admin@securityguardsdirect.com
8.3 Whilst the App aims to prohibit unregistered Freelancers from using the Website, Clients are responsible and should ensure that they check details of a Freelancer’s Security Industry Authority (“SIA”) licence via the SIA website.
8.4 By accessing the App, you consent to these Terms and Conditions and to the collection of and use of your personal data by means of the App in accordance with these Terms and Conditions and our Information and Privacy Policy.
8.5 The App will be used on your device and, like all mobile apps, in order to operate will make use of your mobile data connection. You are advised to check charges and terms with your communications service provider if using the App abroad or in circumstances where roaming or data charges may apply. We do not receive any commission or other payment or rewards from communications service providers in respect of the use of the App on devices connected to their network. We are not liable for any data or other charges incurred as a result of your use of the App.
8.6 Save as expressly set out in here, we exclude all conditions, warranties, and representations whether express or implied, statutory or otherwise in relation to your use of the App.
8.7 Given the inherent limitations of the internet, no warranty is given that the operation of the App will be uninterrupted, and no warranty is given with respect to any third-party service or infrastructure required to operate the App.
8.8 We do not offer any warranty with respect to the accuracy of data derived using the App or any other data which depends on the interoperation of the App with other apps or services not provided by us, for example GPS on relevant devices. We do not have any duty to you with respect to any uses to which you put data derived from your use of the App and you are advised to cross-check and validate data from additional sources.
8.9 All intellectual property rights in App including without limitation trademarks remain ours or our licensees as the case may be. You are not permitted to copy or make use of the App except as specifically set out in these Terms and Conditions and in the Information and Privacy Policy and, in particular, you are not allowed to offer the App or any services which make use of the App and data derived from the App for commercial purposes.
8.10 For the avoidance of doubt, all data and other materials used in the App except for data and materials supplied by you remain ours. This includes data which is derived as a result of your use of the App, which is owned by Security Guards Direct.
9 Feedback
9.1 All Clients will be subject to feedback evaluations from Freelancers and conversely will be required to give feedback on Freelancers if an Assignment is secured using the template provided via the Site (“Feedback”)
9.2 You acknowledge and agree that Feedback is non-confidential and non-proprietary.
9.3 Clients understand that Security Guards Direct is not responsible for the feedback content that those Freelancers post, nor any harm done by such content. The Freelancer who posts the feedback is directly responsible for its content, and the accuracy and legality thereof. Security Guards Direct does not edit or control the Feedback posted to or distributed on this Site and will not be in any way responsible or liable for such Feedback. We nevertheless reserve the right for any reason in its sole discretion to remove without notice any Feedback and/or site content.
9.4 All users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable. All Feedback must comply with our acceptable use policy set out at paragraph 5.2 – 5.6 of these Terms and Conditions
9.5 Security Guards Direct reserves the right to call any Freelancer who has submitted a feedback questionnaire to confirm the authenticity of their feedback.
10 Links to and from other websites
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. Security Guards Direct has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. Security Guards Direct therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.
11 Registration
11.1 Each registration is for a single user only. Security Guards Direct does not permit you to share your username and password with any other person nor with multiple users on a network.
11.2 Responsibility for the security of any passwords issued rests with you.
11.3 Registration may be revoked if you are in breach of these terms and conditions. Registration may be terminated in the event of any serious or persistent breaches of the acceptable use policy set out at paragraph 5.2 to 5.6 (inclusive) above.
12 Disclaimer
12.1 While Security Guards Direct uses reasonable endeavours to ensure that the information on the Site is correct, Security Guards Direct does not warrant the accuracy and completeness of the material on the Site. Security Guards Direct may make changes to the material on the Site at any time without notice. The material on the Site may be out of date, and Guardpost makes no commitment to update such material.
12.2 The material on the Site is provided “as is”, without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, Security Guards Direct provides you with the Site on the basis that Security Guards Direct excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Site.
12.3 In particular, but without limitation, you acknowledge any profiles, applications, bids, or material submitted by Freelancers are supplied by Freelancers who are not employed or engaged by us, and who are acting on a voluntary basis. You further acknowledge that the Site is only intended to provide assistance and does not operate to replace or act as a substitute for professional judgement. We do not assume any duty to you with respect to the content of the Site and you acknowledge your decision to make use of the Site in your business is based on your own judgement and evaluation of the Site.
12.4 For the avoidance of doubt, any Assignment shall form a direct contract between the Freelancer and the Client and although we make an effort to ensure Freelancers listed on the Site are legitimate, reputable and have appropriate qualifications and where required hold the applicable SIA licences, that the information on this Site is accurate, the listings are compiled from information supplied to us from Freelancers and we cannot be held responsible for any errors or inaccuracies in such information or for the suitability or quality of any services or goods supplied by such third parties listed on or linking to the Site.
12.5 The Client shall be responsible for taking all appropriate references and taking steps to confirm that the Freelancer has all necessary qualifications and professional accreditations required for the Assignment.
12.6 The appearance of a listing in the Site does not necessarily imply our approval of the Freelancer and we accept no liability for any transactions which take place between you and any parties listed on the Site.
13 Liability
13.1 Save as set out in paragraph 13.2, Security Guards Direct, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of Security Guards Direct’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to Client interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Website or any Sites linked to the Site.
13.2 Nothing in this legal notice shall exclude or limit Security Guards Direct’s liability for:
13.2.1 death or personal injury caused by negligence; or
13.2.2 fraud; or
13.2.3 misrepresentation as to a fundamental matter; or
13.2.4 any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.
14 Data protection
You consent to Security Guards Direct holding and processing data relating to you for legal, personnel, administrative, management and marketing and promotional purposes, as appropriate, in relation to the Services and in accordance with our Privacy Policy.
15 Termination of service
15.1 You agree that Security Guards Direct, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the Website, immediately and without notice, for any reason, including, without limitation, if Security Guards Direct believes that you have acted inconsistently with these Terms and Conditions.
15.2 Further, you agree that Security Guards Direct shall not be liable to you or any third-party for any termination or restriction of your access to the Site.
16 Complaints
16.1 Any complaint or concern about the operation of the Website or the App should be raised by email to admin@securityguardsdirect.co.uk and will be dealt with in accordance with the provisions of our Complaints Policy available at https://securityguardsdirect.com/complaints-policy/.
16.2 Where any complaint cannot be resolved in accordance with paragraph 16.1, the courts of England and Wales will have jurisdiction with respect to any dispute arising under or by reference to these Terms and Conditions.
17 Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.