BACKGROUND
These Terms and Conditions shall apply to the provision of Services by the Agency to the Client.
In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Agency in writing.
1. Definitions and Interpretation
1.1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Agency” |
means GingerKid Executive Search Executive Search LTD a company registered in the United Kingdom, under number 11733713 whose registered office is at PO box 978, Sidings Court, Doncaster. DN4 5NU; |
| “Candidate” |
means any person introduced by the Agency to the Client for an Engagement; |
| “Client” |
means any person, firm or company including any associates or subsidiaries to whom a Candidate is introduced; |
| “Confidential Information” |
means any information concerning either Party and relating to its business methods, plans, systems, finances or projects; its trade secrets; its products or services; or any other information which is expressly described as confidential; |
| “Engagement” |
means any employment, engagement or use by a Client of a Candidate whether part or full time, with or without a contract; |
| “Introduction” |
an introduction will be deemed to have taken place where the Agency has provided a Client with any information concerning a Candidate, or where a Client interviews a Candidate following an instruction from a Client to locate a Candidate; |
| “Introduction Fee” |
means the fee payable by the Client to the Agency in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate; |
| “Remuneration” |
means any salary, fees, bonuses, commission, allowances, or any other financial benefit payable to, or received by a Candidate for services to a Client; and |
| “Services” |
means the employment agency services provided by the Agency to the Client as set out in these Terms and Conditions. |
1.1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
“writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
“these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
a Schedule is a schedule to these Terms and Conditions;
a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.1.4 Words imparting the singular number shall include the plural and vice versa.
1.1.5 References to any gender shall include the other gender.
2. The Contract
2.1.1 Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by Scott Colbear of the Agency.
2.1.2 No modification or change to these Terms and Conditions will be valid unless the details of any such changes are in writing, signed on behalf of the Agency and the Client, and state the date on or after which such new terms will apply.
2.1.3 In the event that any part(s) of these Terms and Conditions or part thereof is declared to be invalid, unlawful, void or unenforceable then such terms or parts shall be severed and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent of the law.
2.1.4 The Engagement or interviewing of a Candidate, by or on behalf of the Client, or the commencement of work or provision of services by a Candidate for the Client shall be deemed acceptance of these Terms and Conditions.
2.1.5 These Terms and Conditions supersede all previous terms of business.
3. Vacancies and Advertisements
3.1.1 The Agency shall have the right to decline, cancel or otherwise remove any vacancy advertisement provided by the Client to the Agency at any time, for any reason and without giving prior notice to the Client.
3.1.2 If any vacancy advertisement appears to demonstrate that the Client intends to discriminate on the grounds of gender, sexual orientation, race, religion or age, it will be declined unless the vacancy is exempted from the provisions of the Sex Discrimination Act 1975; the Employment Equality (Sexual Orientation) Regulations 2003; the Race Relations Act 1976; the Employment Equality (Religion and Belief) Regulations 2003; or the Employment Equality (Age) Regulations 2006.
3.1.3 If, in the opinion of the Agency, any vacancy advertisement indicates any illegal purposes on the part of the Client, the Agency may, without notice, report the vacancy and the Client to the relevant authorities.
3.1.4 Vacancy advertisements shall remain open and viewable by prospective Candidates for a period of 2 weeks or otherwise as agreed between the Agency and the Client.
3.1.5 All vacancy advertisements shall contain details of no more than one single vacancy unless otherwise agreed in writing between the Agency and the Client.
4. The Agency’s Obligations
4.1.1 The Agency shall use its best and reasonable endeavours to find suitable and willing Candidates to fill such vacancies as are notified to the Agency by the Client or to notify the Client if the Agency believes it is unable to assist with the Client’s requirements.
4.1.2 The Agency shall use its best and reasonable endeavours to ensure that all vacancy advertisements are published on the date agreed with the Client or, where no date is agreed, within 1 week of receiving details of the vacancy.
4.1.3 The Agency will endeavour to ensure that all Candidates introduced to the Client have the experience, qualifications, and authorisations which are required by the Client, by law or by any professional body, for the position(s) that the Client wishes to fill, and will also endeavour to verify the identity of Candidates prior to introducing them to the Client.
4.1.4 At the same time as proposing a Candidate to the Client the Agency will inform the Client of such matters as detailed in sub-Clause 4.3 that the Agency has obtained confirmation of.
4.1.5 The Agency will endeavour to take all reasonable steps to ensure that Clients and Candidates are aware of any requirements imposed by law or any professional body on the vacancy / vacancies that the Client seeks to fill.
4.1.6 The Agency cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.
4.1.7 Where a Candidate is offered or applying for Engagements that involve working with or caring for any persons under the age of 18, the elderly, the infirm or anyone in need of care and attention, the Agency will take all reasonably practical steps to ensure that it obtains and makes available to Clients copies of all necessary authorisations required for the Engagement, two references from persons unrelated to the Candidate, and confirmation that the Candidate is not unsuitable to work with vulnerable people.
5. The Client’s Obligations
5.1.1 The Client shall provide to the Agency all information which is reasonably required for the Agency to provide the Services.
5.1.2 The Client shall ensure that all information provided to the Agency does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory.
5.1.3 The Client shall ensure that all information provided to the Agency does not contain any material which infringes the rights of any third parties.
5.1.4 The Client must provide the Agency with details of the vacancies that the Client wishes to fill.
5.1.5 The Client must inform the Agency of any Health and Safety risks.
5.1.6 The Client must not seek to employ any member of the Agency’s staff.
5.1.7 The Client is responsible for payment of remuneration to the Candidate.
6. Fees and Payment
6.1.1 The Introduction Fee payable by the Client to the Agency shall be calculated as TBA of the Candidate’s remuneration during the first 12 months of the Engagement exclusive of VAT.
6.1.2 The Client must pay the Agency’s fees within 30 days of receiving the invoice.
7. Confidentiality
7.1.1 Each Party undertakes to keep confidential all Confidential Information.
8. Data Protection
8.1.1 All personal data shall be processed in accordance with Data Protection Legislation.
9. Liability
With the exception of death or personal injury the Agency shall not be liable or responsible for any loss or damages.
10. Indemnity
The Client shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings.
11. Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause beyond reasonable control.
12. Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales.
