Terms & Conditions

The Company

“Foro”, “We”, “Our”, “Us”, refers to Foro, a trading name of Foro Tech Ltd, 55 Rectory Grove, Leigh-on-Sea, Essex, SS9 2HA, UK

The Talent / The Candidate

“The Talent or "The Candidate" refers to any individual that uses the Service to seek contract or permanent professional roles.

The Hirer / The Employer

"The Hirer" or “The Employer” refers to any individual or business that uses the Service to search for contractors or new employees to undertake roles or projects for them.

The Service

Foro is a platform that connects people with projects, helping technical experts (Candidates) find contract and permanent roles (collectively referred to in these terms as “Jobs”) within hiring companies (Employers). We use a combination of matching algorithms and human verification to determine suitable Candidates for the role based on the Employer’s specific requirements.

The User

“The User”, “You”, shall be used as collective terms for anyone who registers to use the Service.

Registration

1. To register for the Service, Employers must sign up via the website and create a profile. Registration is free, however there will be a cost, outlined in these Terms, for any hires the Employer makes via the Service.
2. Employers must have permission from the appropriate person in their organisation in order to register for the Service.
3. During registration, we will request details about your organisation and the type of Candidate you are seeking via the Service. By signing up to create a user account on the website, Employers agree to submit accurate, complete, and up-to-date information.
4. Employers also agree not to sign up using false information, or on someone else’s behalf.
5. Duplicate user accounts are not permitted.
6. Any Employers previously banned from the Service must not attempt to sign up again.
7. We reserve the right, at our sole discretion, to approve or decline registrations. Only approved Employers are permitted to use the Service.
8. We reserve the right to suspend or terminate the account of any Employer who fails to comply with these Terms.

Verification

1. Employers are responsible for submitting accurate information to us. We will carry out basic verification to check the veracity of statements made by Employers.
2. Employers are responsible for carrying out their own due diligence to verify the Candidate’s suitability for the Job. We will not be held responsible for any misrepresentation by a Candidate of their identity, professional history, qualifications, references, or any other statements made by the Candidate.

Placements

1. The Employer must inform us in writing within a period of five business days if they engage a Candidate sourced through our Service to undertake a Job. This will be applicable for a period of twelve months after termination.
2. The Employer and/or Candidate agrees to provide us with the signed agreement as proof of the conclusion of the arrangement and for invoicing purposes.
3. Once an Employer has found a Candidate through the Service, the Employer and Candidate agree to communicate exclusively via the Service/Website until the Candidate accepts the job. Employers and Candidates must not attempt to bypass the Service/Website.

Fees

1. If an Employer offers a permanent role to a Candidate sourced via our Service, the Employer agrees to pay us a commission of 25% of the Candidate’s salary, which includes the gross base salary or fees, bonus, commissions, inducement payments, allowances, location weighting, shift allowances, call-out allowances, and any other compensation (not including travel, relocation and visa application compensation) that the Candidate receives during the first year of their placement. It is the Employer’s responsibility to inform us of the Candidate’s salary and compensation package upon notification of hire.
2. If an Employer offers a contract role to a Candidate sourced via our Service, the Employer agrees to pay the Candidate’s day rate for the duration of the project, plus a 25% commission to us. We will then pay the Contractor.
3. If an Employer wishes to convert a Candidate sourced via our Service from a Contract role to a permanent role whilst the Candidate is under contract via the Foro platform, the Employer agrees to pay us a commission of 25% of the Candidate’s salary, which includes the gross base salary or fees, bonus, commissions, inducement payments, allowances, location weighting, shift allowances, call-out allowances, and any other compensation (not including travel, relocation and visa application compensation) that the Candidate receives during the first year of their placement. It is the Employer’s responsibility to inform us of the Candidate’s salary and compensation package upon notification of hire.
4. The Employer agrees that if they source a Candidate using the Foro service, for a period of 12 months following the end of the agreement, if the Employer hires the Candidate as a permanent hire, then section 14 above applies. If the Employer wishes to contract the Candidate directly as a contractor in the 12 month period immediately following the contract end date, then section 15 above applies.
5. We shall be entitled to issue an invoice when the fee becomes payable.
6. It is the Employer’s responsibility to inform us of changes to their billing address or payment account.
7. For permanent employment placements, invoices shall be issued once the employment contract is signed by the Candidate.
8. For contract placements, invoices shall be issued on a monthly basis.
9. Our invoices must be paid within 30 days unless otherwise agreed in writing by us. After this time, we will be entitled to charge costs and interests on the outstanding balance without notice.

Timesheets & Payment of Contractors

1. For contract placements, in order for Foro to pay invoices submitted by the Candidate, Employers must provide written confirmation to us that the timesheet submitted by the Candidate at the end of each calendar month is accurate.
2. It is the Candidate’s responsibility to resolve any disputes with the Employer relating to timesheets.

Registration

1. To register for the Service, Candidates must sign up via the website and create a profile. Use of the Service is free for Candidates. The Candidate will be asked to provide personal information relevant to their Job search, such as name, email address, education, professional experience, and any relevant skills or training.
2. By signing up to create a user account on the website, Candidates agree to submit accurate, complete, and up-to-date information.
3. Candidates also agree not to sign up using false information, or on someone else’s behalf.
4. Duplicate user accounts are not permitted.
5. By signing up, Candidates agree to provide proof of identity and any references that we require.
6. We reserve the right, at our sole discretion, to approve or decline registrations. Only approved Candidates are permitted to use the Service.
7. Any Candidates previously banned from the Service must not attempt to sign up again.
8. We reserve the right to suspend or terminate the account of any Candidate who fails to comply with these Terms.

Verification

1. The Candidate must submit an application in order to use the Service, which will then be reviewed by us. We reserve the right, at our sole discretion, to approve or decline applications to maintain a high quality service.
2. The Candidate must not misrepresent their identity, professional history, qualifications, or references, when submitting their application to use the Service, or at any point during their use of the Service. The Candidate must not use any aliases or false contact information to mask their identity.
3. We reserve the right to verify claims stated by Candidates in their applications, but we are not obligated to do so. Verification may include, but is not limited to, accessing publicly available information and carrying out reference checks.
4. Candidates may be required to take part in online assessments to verify and categorise the skills they wish to utilise in any Jobs they may be engaged in through the Service. We may use video monitoring and other tools to invigilate these assessments and verify identity.
5. We will not be held responsible for any misrepresentation by a Candidate of their identity, professional history, qualifications, references, or any other statements made by the Candidate. It is the responsibility of the Employer to carry out these checks on Candidates.
6. Candidates are responsible for verifying the suitability of any Employers that wish to engage them. We will not be held responsible for any misrepresentation by an Employer.

Placements

1. The Employer will inform us in writing within a period of five business days if they engage a Candidate sourced through our Service to undertake a Job. This will be applicable for a period of twelve months after termination.
2. Where negotiations are ongoing between a Candidate and Employer, we may request that the Candidate provides us with a status update.
3. The Candidate agrees that Employers are allowed to share details of the Candidate’s contract with us.
4. The Employer and/or Candidate agrees to provide us with the signed agreement as proof of the conclusion of the arrangement and for invoicing purposes.
5. Once an Employer has found a Candidate through the Service, the Employer and Candidate agree to communicate exclusively via the Service/Website until the Candidate accepts the job. Employers and Candidates must not attempt to bypass the Service/Website.

Fees

1. The use of the Service is free for Candidates.

Timesheets & Payment of Contractors

1. For contract placements, Candidates must submit a timesheet to both the Employer and Foro at the end of each calendar month.
2. Upon written confirmation from the Employer that the timesheet is accurate, the Candidate can then submit an invoice to Foro for the work performed during the calendar month.
3. Foro will not accept an invoice from a Candidate if the hours within the timesheet are disputed by the Employer.
4. It is the Candidate’s responsibility to resolve any disputes with the Employer relating to timesheets.
5. Foro will pay invoices submitted by the Candidate within 30 days of receipt, providing that written confirmation has been received from the Employer of the Candidate’s timesheet. In special circumstances, the Candidate and Foro may agree in writing to different payment terms to reflect the unique situation of a particular contract.

User accounts

1. By signing up for the Service, Candidates and Employers agree to keep login information and passwords strictly confidential, and to inform us of any known or suspected instances of user account details falling into the possession of an unauthorised third party.
2. The Candidate or Employer is advised to use a secure password. It is the Candidate or Employer’s responsibility to change their password regularly.
3. If we have any reason to believe that an authorised third party has access to a user account, we reserve the right to change the login details or block the account without warning. We will notify the user and instruct them of their new login details without undue delay.
4. Candidates and Employers are solely responsible for any activity that occurs on their user account, unless it is the consequence of actions beyond their reasonable control.
5. Candidates and Employers must never access another person’s user account, allow another user to access their account, or share their account details with anyone.

Duration and termination

1. These Terms shall remain effective until terminated by us, the Candidate, or the Employer, as detailed below.
2. We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the Candidate or Employer breaches these Terms.
3. If a Candidate or Employer wishes to terminate their account, they must do so by contacting Foro directly via the online platform.

Confidentiality

1. The Candidate and Employer agree that all information, including, but not limited to, the terms of the Agreement, business information, and pricing data, shall remain strictly confidential and must not be utilised by the Candidate or Employer for any purpose except from their participation in the Service.
2. The Candidate and Employer may not use any information gained from the Service to develop, operate or assist a competing Service.
3. During and after the Agreement term, we will not use or disclose any confidential information relating to a Candidate or Employer to a third party other than the Employer with which they are entering agreement with.
4. During and after the Agreement term, Candidates and Employers must not use or disclose any confidential information relating to Foro, a Candidate or Employer to a third party.
5. Candidates’ and Employers’ personal data is processed in accordance with Foro's Privacy policy, available on the Foro website.

Liability and indemnity

1. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
2. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
3. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
   1. any indirect, special or consequential loss, damage, costs, or expenses or;
   2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
   3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
   4. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
   5. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
4. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
5. Nothing in these Terms and Conditions will limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond our control

1. We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either party may terminate or cancel the Services to be carried out under these Terms and Conditions.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by users of the Website, is the property of Foro, its affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without our written permission.

Prohibited use

1. You may not use the Website for any of the following purposes:
   1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
   2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
   3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to third party content

1. This Website may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates.
2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

1. Any online facilities, tools, services or information that we make available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We are under no obligation to update information on the Website.
2. While we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
3. We accept no liability for any disruption or non-availability of the Website.
4. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Privacy policy and Cookies Policy

1. Use of the Website is also governed by our Privacy policy and Cookies Policy.

General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

7^th Dec 2022