Terms of Use

These Terms of Use (“Terms”, “Agreement”) govern your access to and use of the website www.surch.co.uk (the “Website”) and related services (collectively, the “Services”) provided by Surch Ltd (“Surch”, “we”, “us”, “our”). By accessing, registering with, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you must not use the Services.

1. Purpose of the Website

The Services are provided solely for (i) individuals seeking career opportunities (“Candidates”) and (ii) employers, recruiters, or employment businesses seeking to engage or recruit Candidates (“Recruiters”).
You may download, access, and print content from the Website strictly for these purposes. Any other use, including commercial exploitation, resale, or redistribution of the Website’s materials, is strictly prohibited without prior written consent from Surch.
All intellectual property rights in the Website, including but not limited to text, graphics, software, logos, trademarks, and databases, are and shall remain vested in Surch or its licensors. No rights in such materials are transferred to you through use of the Website.
Unauthorised framing, scraping, or deep-linking of any part of the Website is strictly prohibited.

2. Access and Usage

Access to the Website and Services is conditional upon compliance with these Terms. Any misuse, fraudulent activity, or use outside the permitted scope shall result in immediate suspension or termination of access without liability to Surch.
You must ensure that all personal or business details provided upon registration are accurate and kept up to date.

3. Service Availability

Surch shall use reasonable endeavours to ensure the availability of the Services but does not guarantee uninterrupted or error-free operation.
Surch reserves the right to modify, enhance, or withdraw the design, layout, or specifications of the Website without notice.

4. Recruitment Function

Surch does not act as an employment agency or employment business within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Surch does not introduce or directly place Candidates with Recruiters and accepts no responsibility for the suitability, qualifications, or availability of Candidates or Recruiters. Both parties are solely responsible for undertaking due diligence before entering into any engagement.

5. Prohibited Conduct

Upload, transmit, or distribute material that is unlawful, obscene, defamatory, threatening, abusive, or otherwise objectionable;
Introduce malware, viruses, or any harmful code into the Services;
Engage in activities that may damage, disable, impair, or place unreasonable demand on Surch’s systems or networks;
Harvest, scrape, or otherwise collect information from the Website without authorisation.

6. Warranties and Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose, non-infringement, or merchantability.
Surch does not guarantee that the Website will be secure, error-free, or free of harmful components.

7. Limitations of Liability

To the fullest extent permitted by law, Surch excludes all liability for:
Loss of profits, revenue, anticipated savings, goodwill, or data
Indirect or consequential loss or damage.
Surch’s total liability for any claim under these Terms shall not exceed the greater of (i) the total fees paid by you in the twelve (12) months preceding the claim, or (ii) £10,000.
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or other liability that cannot lawfully be excluded.

8. Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable UK law.

9. Third-Party Websites & Cookies

The Website may contain links to third-party websites. Such links are provided solely for convenience, and Surch assumes no responsibility or liability for their content, accuracy, or practices.

10. Indemnity

You agree to indemnify and hold harmless Surch, its officers, employees, agents, and affiliates from and against any claims, damages, costs, or expenses (including reasonable legal fees) arising from your use of the Services, your breach of these Terms, or your violation of applicable law.

11. Data Processing

By using the Services, you consent to the processing of your personal data in accordance with Surch’s Privacy Policy.
Recruiters acknowledge they act as independent data controllers under applicable data protection laws in relation to Candidate data obtained via the Services.

12. Contract Term and Billing

Except where expressly stated otherwise, all subscription packages (including “Surch Premium” and similar plans) are subject to a minimum contract term of twelve (12) months. The only exception is for Single Job and Multi-Job posting packages, which are one-off purchases and not subject to a fixed-term contract.
Where a monthly billing option is selected, this affects only the payment frequency and does not alter the twelve (12) month contract commitment. Customers choosing monthly billing remain liable for all instalments due under the twelve (12) month term.
If payment is not received when due:
Surch may suspend or restrict access to Services until outstanding sums are paid in full;
Interest may accrue on overdue amounts at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998;
6 Surch may demand immediate payment of the total outstanding balance for the remainder of the twelve (12) month contract term;
Persistent non-payment may result in termination of Services and legal proceedings to recover debts, including costs of enforcement.

13. Termination

These Terms shall remain in force until terminated.
Surch may suspend or terminate your account immediately if you breach these Terms, provide false information, fail to pay fees, or if required by law.
Upon termination, your account and associated data may be deleted, subject to retention obligations under applicable law.

14. Additional Terms for Candidates

Profile Content: You are solely responsible for the accuracy and legality of your profile and any content you upload.
Recruiter Contact: You acknowledge that Recruiters may contact you directly without Surch’s involvement.
Non-Discrimination: Surch supports equal opportunities and requires users to comply with anti-discrimination legislation.
Inactive Accounts: Accounts that remain inactive for prolonged periods may be deleted without notice.
Profile Sharing: By registering, you consent to your profile being shared across job boards operated by Surch Ltd.

15. Additional Terms for Recruiters

Payment & Refunds: Services are subject to upfront payment unless otherwise agreed. Fees are non-refundable except as required by law. Late payments may result in suspension of Services and interest charges.
Database Use: Access to the Candidate database is limited to genuine recruitment purposes. Downloading, scraping, or reselling the database is strictly prohibited.
Data Protection: You must comply with the UK GDPR, the Data Protection Act 2018, and all applicable laws when processing Candidate data.
Professional Conduct: You must not post misleading, unlawful, or discriminatory job advertisements. Requests for payments from Candidates are prohibited.
Credentials: You are responsible for maintaining the confidentiality of your login details. Unauthorised sharing of access credentials is prohibited.

16. Miscellaneous

Assignment: This Agreement may not be transferred by you without Surch’s prior written consent. Surch may assign or transfer its rights under this Agreement at any time.
Waiver: Failure by Surch to enforce any provision shall not constitute a waiver of its rights.
Severability: If any provision of these Terms is held invalid, the remainder shall remain enforceable.
Modifications: Surch may amend these Terms at any time by posting updated terms on the Website and/or notifying users via email. Continued use of the Services constitutes acceptance.
Notices: All notices shall be sent by email or recorded delivery post. Notices are deemed received two days after dispatch.
Call Recording: Calls with Surch personnel may be recorded for training and quality purposes.
Jurisdiction: These Terms shall be governed by the laws of England and Wales. You submit to the exclusive jurisdiction of the courts of England and Wales.