Please read these terms carefully before using our platform.
2.1The Platform is offered to the Client free of charge under the "Pay per hire" model. No platform fee, trial period, or minimum contract applies; the Client pays only the Hire Fee defined in clause 1 when a Hire occurs.
2.2The Client may, at its option, request access to "Gradivate Unlimited" — currently available by request only via the Gradivate sales team — which entitles the Client to make Hires through the Platform without payment of the per-Hire Fee for the duration of the active subscription.
2.3The Client may cancel a Gradivate Unlimited subscription at any time via the Platform. Access continues until the end of the paid billing period, after which the account automatically reverts to Pay per hire access at no cost.
2.4Termination or cancellation of a subscription does not affect any obligation to pay a Hire Fee arising from an Introduction made prior to termination.
3.1If a Candidate introduced to the Client via the Platform is Hired within 12 months of the Introduction, the Hire Fee shall be payable.
3.2The Hire Fee shall become due on the Candidate's first day of engagement with the Client (or with any associated entity or third party acting on the Client's behalf).
3.3An invoice shall be issued on or shortly after the Candidate's first day of engagement.
3.4Payment terms are 14 days from invoice date.
3.5The Hire Fee is payable regardless of:
Whether the Hire occurs directly or indirectly;
Whether the Hire occurs via a third party, recruitment agency, affiliate or associated entity;
Whether the Candidate initially applied via another route;
Whether the subscription remains active at the time of Hire.
4.1Where the Client is a recruitment agency or intermediary, the Hire Fee shall be payable in respect of any placement made by the Client involving a Candidate introduced via the Platform.
4.2The Hire Fee shall become due on the Candidate's first day of engagement with the end client.
4.3The Client remains liable for the Hire Fee irrespective of whether it receives payment from its end client.
4.4For the avoidance of doubt, a placement made by a recruitment agency with any third-party hiring organisation constitutes a Hire under these Terms.
5.1The Client must notify Gradivate in writing within 5 business days of:
An offer being accepted by a Candidate; and
The Candidate's confirmed start date.
5.2The Client must confirm in writing within 5 business days of the Candidate's first day of engagement that the Hire has commenced.
5.3Failure to notify Gradivate does not remove or delay the obligation to pay the Hire Fee.
6.1If a Hire occurs and the Client fails to notify Gradivate in accordance with Clause 5, and Gradivate subsequently becomes aware of the Hire, the Client shall be liable for:
The Hire Fee; and
An additional administrative charge equal to three times the Hire Fee.
6.2This administrative charge reflects the reasonable costs of investigation, audit and enforcement and is not a penalty.
7.1If the Client claims that it had prior contact with a Candidate before the Introduction, the Client must provide written documentary evidence demonstrating meaningful recruitment discussions prior to accessing the Candidate via the Platform.
7.2Acceptable evidence may include dated email correspondence, interview invitations, CRM records or other verifiable documentation.
7.3Mere prior awareness of a Candidate, possession of a CV, database inclusion, or LinkedIn connection shall not constitute prior Introduction.
7.4In the absence of satisfactory evidence, the Introduction shall be deemed to have occurred via the Platform.
8.1Gradivate reserves the right to request confirmation of the employment status of any Candidate introduced via the Platform for a period of 12 months following Introduction.
8.2The Client agrees to provide reasonable cooperation and relevant documentation to verify compliance with these Terms.
9.1The Client shall not take any steps to circumvent the Hire Fee by:
Engaging a third party to employ the Candidate;
Encouraging the Candidate to apply through an alternative route;
Delaying engagement in order to avoid payment.
9.2Any such engagement within 12 months of Introduction shall give rise to the Hire Fee obligation.
10.1Late payments shall accrue interest under the Late Payment of Commercial Debts (Interest) Act 1998.
10.2Gradivate reserves the right to recover reasonable legal and recovery costs incurred in enforcing payment.