| Permanent Candidate Terms of Business |
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You are the recipient of these terms and ‘you’, ‘your’ and ‘yours’ refers to you. We are Brand Recruitment and ‘we’, ‘our’, ‘ourselves’ and ‘us’ refers to Brand Recruitment. Following receipt of these Terms of Business (‘the Contract’) any act by you of asking for, or accepting, the provision of our services constitutes your acceptance of the Contract which overrides all previous terms between us and you and any terms proposed by you. In acceptance of the mutual benefits set out within the Contract it is agreed that: 1. Definitions 1.1 ‘Agency’ means an employment agency as defined in the Regulations. 1.2 ‘Agency Terms’ means the terms contained in the Contract other than the Temporary Terms. 1.3 ‘Assignment’ means any actual or proposed engagement, whether temporary or permanent, of you by a Client (whether directly or via an intermediary) whereby the Client has responsibility for paying you remuneration. 1.4 ‘Assignment Details’ means all information relevant to the Assignment including: (i) all requirements imposed by law or any professional body that must be satisfied in order to enable you to perform the work required; (ii) the identity of the Client and the nature of their business, (iii) the date upon which the Client requires you to commence the Assignment and the duration, or likely duration, of the Assignment, (iv) the position that you are required to work and the type of work entailed, together with the location at which and hours during which you would be required to work, (v) any risks to your health and safety known to the Client and steps taken by them to prevent or control such risks, (vi) the experience, training and qualifications that the Client considers to be necessary, or which are required by any professional body, for you to work upon the Assignment, (vii) any expenses that are payable by or to you, and (viii) the minimum rate of remuneration that the Client will pay you, the intervals at which you will be paid, and the length of notice which you will be required to give and be entitled to receive in respect of a termination of the Assignment. 1.5 ‘Client’ means any client of ours, and any subsidiary (subsidiary is defined by section 736 Companies Act 1985), agent, or associated company of theirs, to whom you are introduced by us. 1.6 ‘Regulations’ means ‘The Conduct of Employment Agencies & Employment Businesses Regulations 2003’. 1.7 ‘Temporary Terms’ means those terms contained in Schedule One. 1.8 ‘Work Type’ means the types of work that we agree to seek to find for you, which, unless otherwise agreed, shall be any type of work within our areas of expertise as notified to you or otherwise. 2. Our Capacity and Obligations 2.1 We are an Agency and we shall retain your details for consideration in respect of Assignments, within the Work Type, for which you may be suitable. 2.2 We shall notify you and terminate the Contract if we believe that we are unable to find an Assignment. We make no warranty as to our ability to find an Assignment. 3. You Agree 3.1 In order for us to comply with our legal obligations we need to obtain information, including, but not limited to, your identity, experience, qualifications, training and authorisations which a Client considers to be necessary, or are that are required by law or a professional body for you to work upon an Assignment, and we may provide this information to a Client. 3.2 You will provide us with the information detailed in clause 3.1 and any other information that we may reasonably seek to obtain. 3.3 You will inform us of any reason why you may be unsuitable for our Client’s requirements, or if it is detrimental to the interests of our Client for you to take an Assignment with them. 3.4 You warrant that information you provide pursuant to clauses 3.1 to 3.3 is complete and accurate in all respects. 3.5 You acknowledge that the warranties in clause 3.4 are freely provided. 3.6 You consent to our disclosure of any information concerning yourself, including that provided by a third party, to any Client to whom you have been introduced for an Assignment. 3.7 Our provision of services is not conditional upon the consent detailed in clause 3.6, such consent may be limited or withdrawn at any time. 3.8 Notwithstanding clause 3.7 you acknowledge that we are required by the Regulations to provide certain information to the Client. You agree to indemnify us in respect of costs, on an indemnity basis, and damages awarded in respect of any claim that you bring against us relating to our provision of information, that we, acting in good faith, believe to be potentially accurate, to the Client. 3.9 If you are not aware of all of the Assignment Details you will seek confirmation as to these from us prior to commencing an Assignment. Your commencement of an Assignment is your warranty that you are aware of all the Assignment Details and willing to undertake the work required. 3.10 You will not agree to an Assignment upon which you are required to away from home unless you are satisfied that: (i) suitable accommodation will be available for you before you start work, (ii) that you have been provided with the terms upon which the accommodation will be offered, and (iii) that suitable travel arrangements have been made for you to travel to such accommodation. 3.11 Whilst working upon an Assignment you agree not to undertake work for any other party without the Client’s permission. 3.12 You warrant that you will at all times respect the Client’s intellectual property and confidentiality. Upon termination of an Assignment you will surrender all materials belonging to the Client including those produced by you pursuant to the Assignment. 3.13 Upon our reasonable request you agree to provide us with: (i) copies of relevant qualifications and authorisations, (ii) details of two or more persons, who are not relatives of yours, from whom we may obtain references in respect of yourself, which we may disclose to a Client. For the purposes of this clause ‘relative’ has the same meaning as it is given in section 63 of the Family Law Act 1996. 3.14 Subject to clause 3.16, we are not liable to you for losses, direct or indirect, arising out of acts or omissions of either us or the Client. 3.15 Notwithstanding clause 3.14, but subject to clause 3.16, our liability to you shall in any event be limited to £5,000. 3.16 Nothing in the Contract limits our liability for personal injury, death, fraud, or where such limitation is otherwise prohibited by law. 3.17 You agree that we may assign our obligations under this agreement to another Agency. 4. General Terms 4.1 Reference to the plural shall include the singular, and the masculine shall include the feminine, and vice versa. 4.2 Clauses, including but not limited to Clause 3.12, intended to have continuing effect shall bind the parties following termination of the Contract. 4.3 Each portion of the Contract, defined by numbering, punctuation, and/or sections is distinct and severable. To give effect to the Contract the court may modify any portion hereof that may otherwise be void; any void portion may be severed and the remaining provisions shall continue in force. 4.4 The Contract is governed by the Law of England and the English Courts shall have sole jurisdiction. |