Terms and conditions for schools

AGREED TERMS

These terms and conditions (“Terms”) govern your use of the website www.teacherhorizons.com (“the Website”). By accessing and using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using the Website. The Terms form a legally binding agreement between you and Teacher Horizons Ltd, a company registered in England and Wales (Company Number: 07544936) (“Teacher Horizons,” “we,” or “us”).

Definitions

“Appointment” refers to when the Candidate provides written acceptance of an offer of employment, or when a written agreement is reached between the Client and the Candidate confirming the Candidate’s acceptance of the position.

“Candidate” means any individual introduced by Teacher Horizons to the Client for appointment or employment purposes, including permanent, fixed-term, or temporary positions. The term “Candidate” shall also include any individual who is made visible to, or otherwise becomes known to, the Client through the Teacher Horizons platform.

“Client” (you) means any individual, school, or organisation that uses the Teacher Horizons platform for the purpose of recruitment or for accessing any other services provided by Teacher Horizons.

“Introduce” means the provision of information about a Candidate by Teacher Horizons to the Client, whether written, oral, or via the Website.

“Regulations” refers to the Conduct of Employment Agencies and Employment Business Regulations 2003, as amended.

“Services” means the provision of recruitment, consultancy, membership, advertising and other similar or related services provided by Teacher Horizons to the Client as detailed within Schedule 1.

References to the singular include the plural, and references to the masculine include all genders and vice versa.

The contract period shall be defined in the agreement at the point when the school agrees to start using services, typically covering 12 months from the date of agreement.

1. Our contract with you

1.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

1.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

1.3 Acceptance of Terms. These Terms of Business are deemed accepted by the Client upon using any of Teacher Horizons’ services or the Client registering to use the Website or any other platform provided by Teacher Horizons.

1.4 Language. These Terms and the Contract are made only in the English language.

2. The Services

2.1 Scope of Services: Teacher Horizons will provide the Services to the Client in accordance with these Terms. Teacher Horizons reserves the right to amend, modify, withdraw, or replace any element of the Services at their discretion.

2.2 Membership Auto-Renewal: Unless otherwise agreed in writing, all memberships shall automatically renew for successive twelve-month periods at the current applicable rate for the relevant Service. The Client may opt out of renewing the relevant Service or Services by providing written notice of termination at least thirty days prior to the renewal date. If no such notice is received, the membership shall renew, and the applicable annual fee shall become due and payable in accordance with these Terms.

2.3 Introduction. A Candidate is deemed Introduced to the Client when Teacher Horizons provides any information about the Candidate to the Client or when the Client obtains information or details from the Website or any other platform or documents provided by Teacher Horizons. If the Client is already in contact with the Candidate, the Client must notify Teacher Horizons within 72 hours, excluding weekends and bank holidays, otherwise, the introduction shall be deemed one made by Teacher Horizons.

2.4 Response times. Clients are expected to respond to Candidate recommendations and application updates within 7 days of receiving any recommendation from Teacher Horizons. In the event that no response is received, Teacher Horizons reserves the right to either extend this period by an additional 7 days or pause/close the vacancy.

2.5 Active Membership. Fees are charged at a fixed rate and are valid for one academic year from the date of agreement. The fee is non-refundable and non-transferable, and no pro-rata adjustments will be made for partial-year usage. This includes priority marketing, a data insight report, free boosted adverts, and discounts on our events and Services. The membership will automatically renew one year after confirmation unless we are notified before the renewal date.

2.6 Tailored Advert Bundles. Fees are charged at a fixed rate and are valid for one academic year from the date of agreement. The fee is non-refundable and non-transferable, and no pro-rata adjustments will be made for partial-year usage.

2.7 Premium and Fixed-Fee Packages. Where the Client purchases a recruitment package on an upfront basis (including, but not limited to, fixed-fee packages covering multiple hires), no refunds, credits, or rebates shall be due in the event that the Client does not utilise the full number of hires included in the package within the applicable Contract Period.

2.8 If a Client profile page is removed from the Teacher Horizons website, either at the Client’s request or due to non-compliance with these Terms, Teacher Horizons reserves the right to charge a reinstatement fee should the Client wish to restore their profile and resume Services.

3. Your obligations

3.1 It is your responsibility to ensure that:

your requirements are complete and accurate;
you cooperate with us in all matters relating to the Services;
you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
you comply with all applicable laws for the relevant territory; and
you have paid (or have made arrangements to pay) all relevant taxes, bank transfer fees, or other charges imposed by its jurisdiction in addition to the Charges.

3.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in 3.1 (Your Default):

we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under 11 (Termination);
we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

4. Charges and payment

4.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this 4.

4.2 The Charges are the prices quoted in these Terms, on our Website, in our Brochure or as otherwise provided or notified to you at any time during the term of the Contract.

4.3 Invoices for Global and Explorer hires will be issued once an Appointment is confirmed. An Appointment is defined as when there is a signed and executed agreement between the Client and the Candidate where the Candidate will accept the position offered by the Client. Once this agreement is in place, the Client will be invoiced and will be required to pay the agreed fee within 30 days of the date of the Invoice.

4.4 Invoices for Global and Explorer hires shall be issued upon confirmation of an Appointment. The Client shall pay the invoiced fee in full within thirty (30) days of the invoice date.

4.5 If the Client fails to pay the agreed fee within thirty (30) days of the Invoice date, Teacher Horizons reserves the right to revoke any previously applied discounts and to reissue the Invoice at the full Global fee rate. An overdue payment reminder shall be issued upon expiry of the initial payment term, and if payment is not received within seven (7) days of the reminder, a revised invoice reflecting the full undiscounted fee shall be issued and shall become immediately payable.

4.6 Payments made by debit or credit card will incur an administrative fee of 3% of the total invoice value.

4.7 Where the Client requests additional documentation or administrative processing from Teacher Horizons in order to facilitate payment of the fee, including but not limited to the completion of vendor registration forms, national invoicing requirements or supplier onboarding processes, an additional administrative fee of £100 shall apply.

4.8 Any Candidate introduced to the Client by Teacher Horizons, whether via direct communication, the sharing of an application, or through access to the Teacher Horizons platform, shall be deemed to have been introduced by Teacher Horizons. The Candidate shall remain exclusively associated with Teacher Horizons for a period of twelve (12) months from the date of the initial introduction. If the Client engages the Candidate in any capacity during this period, whether directly or indirectly, Teacher Horizons’ applicable placement fees shall become due and payable, irrespective of the means through which the Candidate is subsequently contacted, referred, or hired.

4.9 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.

4.10 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.

4.11 If a Candidate engaged through Teacher Horizons’ Global service fails to commence employment or terminates their employment within twelve (12) weeks of the agreed start date, the Client must notify Teacher Horizons in writing within seven (7) days of the Candidate’s departure or non-commencement. Provided such notice is received within this timeframe, the Client may be eligible for a rebate of up to fifty percent (50%) of the recruitment fee.

4.12 No rebate or refund shall be payable in respect of Candidates hired through Teacher Horizons’ Explorer Services.

4.13 No rebate shall be granted unless:

the recruitment fee and all other applicable fees have been paid in full and on time;
written notice of termination is provided to Teacher Horizons within seven (7) working days of the Candidate’s departure or non-commencement;
the termination of employment is not due to redundancy; and
the Client agrees not to re-engage the Candidate, either directly or indirectly, within twelve (12) months following the termination.

4.14 No rebate shall be payable if:

the Client rescinds the contractual agreement after its execution; or
the Candidate is unable to commence employment due to visa refusal or other immigration-related issues beyond Teacher Horizons’ control.

4.15 In the event of a force majeure circumstance, including but not limited to war, terrorism, natural disasters, or any other unforeseeable event beyond the reasonable control of either party, which prevents the Candidate from relocating to the agreed location, Teacher Horizons shall remain entitled to payment for all Services provided up to the date such event occurs.

5. References and Suitability

5.1 The Client is responsible for checking and confirming references, qualifications, and necessary background checks, and must satisfy itself as to the suitability of any Candidate.

5.2 The Client is responsible for obtaining work permits, medical clearances, and other necessary paperwork and authorisations required by law for the Candidate’s employment.

5.3 Teacher Horizons gives no express or implied warranties as to the suitability, qualifications, or performance of any Candidate introduced to the Client. Teacher Horizons shall not be liable for any loss, damage, costs, or expenses suffered or incurred by the Client arising out of or in connection with the recruitment, engagement, or conduct of any Candidate.

6. Intellectual property rights

6.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.

7. Safeguarding

7.1 Teacher Horizons is committed to the safeguarding and protection of children and young people. The Client shall take all reasonable steps to comply with applicable UK and international safeguarding laws, regulations, and best practice standards in relation to the recruitment, engagement, and management of Candidates.

7.2 In exceptional circumstances where a safeguarding concern is identified, we reserve the right to seek advice or share information with the appropriate authorities.

7.3 Teacher Horizons expects all Clients to uphold fair and equitable recruitment practices and to adhere to international anti-discrimination laws and standards when engaging with Candidates.

7.4 If a Client fails to adhere to applicable safeguarding laws, regulations or best practice standards in their relevant jurisdiction, or where Teacher Horizons reasonably believes that a safeguarding risk exists, Teacher Horizons reserves the right to:

Request that the Client immediately modify, update or introduce policies as necessary in order to comply with the applicable law, regulations and best practice standards;
Suspend, withdraw or refuse to provide Services to the Client; and
Remove, amend or hide the Client’s profile from its platform.

8. How we may use your personal information

8.1 We will use any personal information you provide to us to:

provide the Services;
process your payment for the Services; and
inform you about similar Services that we provide, but you may stop receiving these at any time by contacting us.

8.2 We will process your personal information in accordance with our data protection policy the terms of which are incorporated into this Contract.

9. Limitation of liability:

9.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

9.2 Subject to 9.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

loss of profits;
loss of sales or business;
loss of agreements or contracts;
any indirect or consequential loss.

9.3 Subject to 9.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £100.

9.4 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

9.5 This 9 will survive termination of the Contract.

10. Confidentiality and Data Protection

10.1 We each undertake that we will not at any time and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by 10.2.

10.2 We each may disclose the other’s confidential information:

to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this 10; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

10.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.

10.4 The introduction of a Candidate is confidential, and the Client must not introduce the Candidate to any third party. Breach of this obligation will result in the Client being liable for the full recruitment fee.

10.5 If a Candidate is introduced to the Client and is not hired within two calendar months, the Client agrees to delete all records and data related to that candidate, including their name and email address, from their systems and databases.

10.6 The Client and Teacher Horizons will use and process personal data only for recruitment purposes and in compliance with the General Data Protection Regulations.

11. Termination, consequences of termination and survival

11.1 Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

you commit a material breach of any term of the Contract;
you fail to pay any amount due under the Contract on the due date for payment;
you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

11.2 Consequences of termination

On termination of the Contract you must return all of our materials and any deliverables specified in your order which have not been fully paid for.
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

11.3 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

12. Events outside our control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

12.3 You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

13. Non-solicitation

13.1 The Client agrees that it shall not, directly or indirectly, solicit, entice, or employ (whether as an employee, contractor, consultant, or otherwise) any Candidate introduced by the Teacher Horizons, other than through the Teacher Horizons, for a period of 12 months from the date of the introduction, unless otherwise agreed in writing by Teacher Horizons.

13.2 In the event that the Client engages a Candidate in breach of this clause, the Client shall pay Teacher Horizons a fee equivalent to the fee that would have been payable had the Candidate been provided in accordance with these Terms as liquidated damages, which the parties acknowledge to be a genuine pre-estimate of loss.

14. Communications between us

14.1 When we refer to “in writing” in these Terms, this includes email.

14.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.

14.3 A notice or other communication is deemed to have been received:

if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.

14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

14.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

15. General

15.1 Assignment and transfer

We may assign or transfer our rights and obligations under the Contract to another entity.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

15.6 Disputes. This agreement shall be governed by and construed in accordance with the laws and regulations of England and Wales. Any disputes arising out of in connection with this agreement shall first be communicated and negotiated between the parties and the Client acknowledges and agrees to all of Teacher Horizons’ terms and conditions outlined within this document.

15.7 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all unresolved disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Schedule 1

Schedule of Services

1. Fundamentals:

School profile page – This includes corresponding with you and setting up your school profile page on relevant Teacher Horizons platforms, promoting/advertising your school, and providing you with relevant features including usage of our community functions and candidate tracking.
Candidate profile access – This access includes the ability to view a Candidate’s CV, references and other supporting documents.
Confidential references – This access allows you to view references from line managers and senior leaders that the relevant candidate has worked with previously.
Interactive Applicant Tracking System – Our tool that enables Clients to efficiently manage Candidates, monitor application progress, and engage with applicants in real time throughout the hiring process.
Candidate screening – This includes Teacher Horizons acting on your behalf to review CVs, references and other supporting documents for relevance and suitability for the relevant role, as well as providing subject specialist pre-interviews and shortlisting for candidates.

2. Recruitment Services:

Explorer Service: The Candidate search tool where schools can make direct contact with shortlisted teachers.
Global Service: Adviser-led search, marketing, applicant screening, shortlisting, and interviews.
Executive Search: Bespoke senior leadership search and placement support.

3. Platform Advertising:

Tailored adverts and advert bundles.
Marketing campaigns and social media promotion.
Advert boosts to improve visibility.

4. Membership Options:

Explorer Subscription (with an annual access fee);
Active Membership (reduced placement fees, unlimited adverts, extra marketing and visibility, data insights, priority support);
Advanced Membership (as above plus school visits, speed-matching events, training, extra discounts); and
Premium/Group Packages (bespoke recruitment support for priority schools or groups).

5. Progressive Recruitment Services:

School insights reports (comparative recruitment data for school);
Speed matching fairs (targeted and bespoke online events);
Virtual open days (bespoke recruitment webinars);
360° school visits and consultations; and
Safer recruitment reference checks.

6. School Enrichment Services

Tailored market insights and intelligence reports; and
School staff recruitment training.