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| Terms & Conditions |
IN PLAIN ENGLISH
(1) If a Job Advertiser hires or places a candidate introduced to them via this website by a Recruiter, they agree to pay the "Fee-Offered" to Vacancy-Clearing.com Ltd within 30 days of receipt of an invoice issued on the candidates start date or later.
(2) Vacancy-Clearing agrees to pay the Recruiter who introduced the placed Candidate 100% of the "Fee-Offered", within 24 hours of receipt of the "Fee-Offered" from the Job Advertiser.
(3) If the placed candidate subsequently leaves an Employer within the first 2 months, a rebate will apply between the Job Advertiser and the Recruiter. 100% of the Fee-Offered if they leave in month 1 and 50% of the Fee-Offered if they leave in month 2. Vacancy-Clearing is not liable for any part of a rebate.
(A) RECRUITER INTRODUCING CVs
(B) JOB ADVERTISER
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(A) RECRUITER INTRODUCING CVs
You are the recipient of these terms and 'you', 'your' and 'yours' refer to you and any Associate or subsidiary of yours. We are Vacancy-Clearing.com Ltd of VC House, 98, Farnaby Rd, Bromley, Kent, BR1 4BH and 'we', 'our', 'ourselves' and 'us' refer to Vacancy-Clearing.com Ltd. Following receipt or sight 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. In acceptance of the mutual benefits set out within the Contract it is agreed as follows:
1. Definitions
1.1 'Vacancy details' means all information concerning the role or position to be filled including:
(i) the nature of the Advertiser's or the Advertiser’s client’s business,
(ii) the nature of the work required, from the Candidate, by the Advertiser or the Advertiser’s client,
(iii) the period for which the services of the Candidate are required,
(iv) the location in which the work will be conducted,
(v) details of the experience, qualifications, legal or professional requirements or authorisations that the Candidate is required to have to work in the position,
(vi) the remuneration payable to the candidate.
(vii) the “Fee-Offered” is the published Agency Fee payable to Vacancy-Clearing for a successful candidate introduction.
1.2 'Associate' means an associate as defined in s.435 of the Insolvency Act 1986.
1.3 'Engagement' means any engagement of the Candidate, whether direct or indirect, by the Advertiser or the Advertiser’s client, arranged via Our Website in respect of which a Fee becomes lawfully payable to the Introducing Recruiter.
1.4 'Advertiser' means an employer or an agency working on an employer’s behalf which has placed details of an employment vacancy upon Our Website
1.5 ‘Introducing Recruiter’ means the registered Recruiter which introduced the Candidate to Our Site and matched the Candidate’s CV to the advertiser’s vacancy.
1.6 'Our Website' means the website www.vacancy-clearing.com
1.7 “Rebate of Fees” means the return in full or in part of any fee paid in the event that a Candidate leaves the Advertiser or Advertiser's client's employment within 2 months of their start date.(see 3.11)
1.8 'Candidate' means a person who the Introducing Recruiter considers might be suitable for an Engagement.
1.9 'CV' means information concerning the Candidate relating to their skills, experience.
2. Our Obligations
2.1 We will pay the "Fee-Offered" to the "Introducing Recruiter" within 24 hours of receipt of the “Fee-Offered” from the Job "Advertiser"
2.2 We will not disseminate details of Candidates to Advertisers, Introducing Recruiters or any third party except with your express permission or pursuant to a legal obligation to which we are subject.
2.3 We will preserve your confidentiality. This clause is subject to any legal obligations that we may have, or become subject to, (including but not limited to court orders) to disclose information pertaining to you.
2.4 Subject to you opening an account with us we will provide you with the facility to input information about a Candidate onto Our Website and transmit that information via Our Website to an Advertiser.
2.5 In the event that an Advertiser refuses to pay a Fee, or delays in paying a Fee, we will make available to you our records to support a legitimate claim through the courts.
3. Your Obligations - Quality Control
3.1 You will use reasonable endeavours to ensure that any information that you provide to an Advertiser or a Candidate is accurate and not misleading.
3.2 You will not provide any information to any Advertiser or Candidate that you believe is likely to be inaccurate or misleading.
3.3 You confirm that you are aware of, and will comply with all of your legal obligations and you confirm that you are over the age of 18 years and have legal standing to enter into a contractual relationship with us.
3.4 You will, prior to introducing a Candidate to an Advertiser, obtain from the Advertiser all of the Vacancy Details and inform the Candidate of these Vacancy Details.
3.5 You will, prior to introducing a Candidate to an Advertiser, obtain a CV from the Candidate and you will communicate this CV to the Advertiser.
3.6 In the event that the Engagement requires, or would require, the Candidate to work in a position where they are: (i) required by law (or any professional body) to have qualifications or authorisation to work in that position, or (ii) required to work with, care for, or attend upon, any person under the age of 18, or who by reason of age, infirmity, or other circumstance, is in need of care and attention you will, subject to clause 3.8, take the steps detailed in clause 3.7.
3.7 The steps mentioned in clause 3.6 are that you will: (i) obtain copies of any relevant qualification or authorisation that the Candidate may have and offer to provide copies of these to the Advertiser, and (ii) obtain two references from persons who are not relatives of the Candidate ('relative' is defined in s.63 of the Family Law Act 1996) and offer to provide copies of these references to the Advertiser, and (iii) take all other reasonably practicable steps to ensure that the Candidate is not unsuitable for the specific Engagement.
3.8 In the event that, despite having taken all reasonably practicable steps to comply with the requirements of clause 3.7, you are unable to do so you may instead: (i) comply with clause 3.7 to the maximum extent to which you are able, and (ii) inform the Advertiser that you have taken all the steps that were reasonably practicable to comply with these requirements and have been unable to do so, and (iii) inform the Advertiser of the steps that you have taken.
3.9 You will inform the Advertiser and/or the Candidate if you believe it may be detrimental to the interests of either party to enter into an Engagement.
3.10 If, in the period of three months following the commencement of an Engagement, you discover information about a Candidate which gives you reasonable grounds to believe that a Candidate maybe unsuitable for the Engagement, you will, without delay, inform the Advertiser of that information.
3.11 If a Candidate, hired as a result of an introduction through Vacancy-Clearing and for which the Fee-Offered has been paid, leaves the employment of the Advertiser or the Advertiser's client within 2 months of their starting date, a Rebate of Fees will apply and the Introducing Recruiter will refund all or part of the 'Fee-Offered', provided it was originally paid within 30 days of invoice, according to the following rule: Leaves during month 1-100% of the Fee-Offered. Leaves during month 2-50% of the Fee-Offered.
4. Your Obligations - Business Model
4.1 You agree that you will not contact, whether directly or via any third party, any Advertiser, other than through Our Website.
5. Privacy
5.1 You will preserve the confidentiality of any information given to you by a Candidate, in particular you will: (i) only transmit the information to a Advertiser with the express permission of the Candidate, and (ii) you will not use the information for purposes other then attempting to secure an Engagement or for the consideration as to the suitability of the Candidate for a particular Engagement.
5.2 In the event that there is an actual or proposed: (i) joint venture between our business and another business, or (ii) a merger between our business and another business, or (iii) an acquisition of our business by another business, then your personal data (personal data is defined in the Data Protection Act 1998) may be transferred to another party as part of the process of considering the joint venture, merger or acquisition. Any such transfer of personal data will be made subject to express conditions of confidentiality. You acknowledge that where the party who is considering the merger, acquisition or joint venture is outside the EEA this may result in your personal data being transferred outside the EEA and you confirm that you give your consent to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@vacancy-clearing.com .
5.3 Whilst we have implemented appropriate technical and organisational measures to secure data, including the use of encryption, that is transferred to Our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data relating to you by a third party.
5.4 At your request we shall delete any data relating to you from our files, save that when we have entered into a transaction with you in respect of which it is conceivable that legal liabilities could arise we reserve the right to archive such data until the expiry of legal liability in respect of matters to which the data relates. Notwithstanding the reservation of this right you confirm that your request for such data to be deleted is your waiver of any legal rights, to such extent as is possible at law, in respect of any matters in relation to which the data you have asked to be deleted may be relevant.
5.5 Our Website makes use of cookies. Cookies make it easier for us to log you onto Our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of Our Website will no longer be available to you.
5.6 You understand that any data that you provide to us may be transferred outside the EEA and you confirm that you agree to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@vacancy-clearing.com
5.7 You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@vacancy-clearing.com
6. Website Use
6.1 In order to register to use Our Website you must choose a password. You warrant that you will use best endeavours to ensure that this password remains confidential between you and us. You will notify us immediately if the security of your password is prejudiced in order that we make take appropriate steps to endeavour that your account is not used for purposes outside the terms of the Contract.
6.2 You specifically confirm that you will not: (i) place, cause to be placed, or induce another person to place any link upon another website that connects to Our Website without written permission from a Director of ours, save that you may link to the front page of Our Website, at the address of Our Website without requiring any permission, or (ii) remove, distort or otherwise adapt our logo or any aspect of Our Website, imply that you, your products, services, or reputation, are in anyway endorsed by us, (iii) suggest that you are in partnership or party to a joint venture with us, or (iv) otherwise misrepresent your relationship with us.
6.3 You understand that we may, in some circumstances and at our sole discretion, allow third parties to place links upon Our Website. You acknowledge that the provision of such links upon Our Website does not provide any endorsement by us of such websites, or the products or services promoted upon them, nor is the provision of any link upon Our Website indicative of any particular business relationship with the party to whose website the link is attached.
6.4 You are permitted to download materials from Our Website for your personal use only, subject to the following restrictions: (i) your express acknowledgement that we retain the copyright in any material that you download, and (ii) you will not modify, publish, transmit or transfer any of the content of Our Website except in accordance with The Designs Patents & Copyright Act 1998.
6.5 You acknowledge that 'Vacancy-Clearing' and the logo(s) on Our Website are our property and may not be used by you except with the written, revocable, consent of a Director of ours.
7. Liabilities
7.1 You shall not directly or indirectly induce any Advertiser, or any employee of ours, to terminate their contract with us. You agree to pay us liquidated damages in respect of any breach of this provision in the sum of £15,000.
7.2 You agree that the damages in clause 7.1 are a reasonable approximation of our loss.
7.3 We are not liable for any acts or omissions of the Candidate in respect of any services that they provide or fail to provide. We are not liable to you for acts or omissions of ours, whether negligent or otherwise. You agree to fully indemnify us in respect of any claims brought against us, whether by you, the Candidate, or any third party, including legal costs (assessed on an indemnity basis) incurred in the defence of claims arising out of an Engagement where such liability arises due, in part or whole, to a failure by yourself to honour your legal obligations.
7.4 Nothing in the Contract shall be taken exclude or limit our liability in respect of personal injury, death, fraud or when an exclusion of liability is otherwise not permitted by law.
8. General Terms
8.1 We may, at our sole discretion, which need not be exercised reasonably, terminate the Contract, or prevent or limit your use of Our Website.
8.2 Without prejudice to clause 8.1 we may terminate the Contract, limit, or prevent, your use of Our Website in the event that you breach any provision in the Contract.
8.3 Time is of the essence to the Contract.
8.4 Without prejudice to the content of any representations that we may seek to make to any competent court or tribunal, in respect of our legal status, the applicability of legislation to our services, or otherwise, to the extent that the Act applies to us, but not further or otherwise, we are an agency-recruiter (agency is defined in The Employment Agencies Act 1973). You agree that you are an agency-recruiter.
8.5 In the Contract the use of masculine terms shall include the feminine, and the singular shall include the plural, and vice versa.
8.6 Each clause in the Contract and each portion thereof, whether defined by punctuation or numbering is distinct and severable, and to give effect to the common intention of you and us the court may sever any part of the Contract, and the remaining part will have continuing effect.
8.7 The Contract represents the sole and entire agreement between you and us in respect of which we may provide services to you. No other terms shall be deemed to apply to the contractual relationship between you and us unless a director of ours has agreed them in writing.
8.8 The headings in the Contract are provided for convenience only and do not affect the interpretation of the any clause in the Contract.
8.9 The Contracts (Rights of Third Parties) Act 1999 specifically does apply to this Contract, for the benefit of the Candidate and the Hirer.
8.10 The Law of England governs this contract and the English Courts shall have non-exclusive jurisdiction.
(B) JOB ADVERTISER
You are the recipient of these terms and 'you', 'your' and 'yours' refer to you and any Associate or subsidiary of yours. We are Vacancy-Clearing.com Ltd of VC House, 98, Farnaby Rd, Bromley, Kent, BR1 4BH and 'we', 'our', 'ourselves' and 'us' refer to Vacancy-Clearing.com Ltd. Following receipt or sight 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. In acceptance of the mutual benefits set out within the Contract it is agreed as follows:
1. Definitions
1.1 'Act' means The Employment Agencies Act 1973.
1.2 'Advertisement Fee' means the fee payable by you to us (plus VAT ), for employment vacancies that you advertise upon Our Website, chargeable according to the following advertisement plan detailed on Our Website which can be found at http://www.vacancy-clearing.com/plans.php
1.3 “Fee-Offered” is the fee agreed between the Advertiser and Vacancy-Clearing.com Ltd for the introduction of a Candidate via the website.
1.4 'Recruiter' means an employment agency as defined in the Act.
1.5 'Vacancy Details' means all information concerning the role or position to be filled including: (i) the nature of whom it is intended will employ the Candidate, (ii) the nature of the work required from the Candidate, (iii) the date upon which the Candidate is required to commence work, (iv) the period for which the services of the Candidate are required, (v) details of the experience, qualifications, legal or professional requirements or authorisations that the Candidate is required to have to work in the position, (vi) any expenses payable by or to the Candidate, (viii) the remuneration payable to the Candidate and the notice of termination of employment they are required to give and entitled to receive, (ix) the Fee offered to Agencies for a successful introduction.
1.6 'Associate' means an associate as defined in s.435 of the Insolvency Act 1986.
1.7 'Engagement' means any engagement of the Candidate, whether direct or indirect, by you or by a third party to whom you have provided Candidate Information for the purposes of the Candidate providing services for the benefit of you or a third party.
1.8.
1.9 'Our Website' means the website www.vacancy-clearing.com
1.10 'Payment Terms' are that you will pay the "Fee-Offered" to Vacancy-Clearing within 30 days of our invoice having been sent, it being agreed that in the event of late payment interest shall be paid by you to us at the rate of 5% above the base rate of Barclay's Bank from the date the invoice fell due.
1.11 'Candidate' means any person (a 'person' being defined by the Interpretation Act 1978) whose details an Introducing Agency provides to you, via Our Website, or any person through whom the Candidate supplies their services or whose services are supplied through the Candidate.
1.12 'CV' means information concerning the Candidate relating to their skills, experience or qualifications which you consider necessary for the Candidate to undertake work, or which are required by law or a professional body for the Candidate to work upon an Engagement, and the willingness of the Candidate to undertake work upon an Engagement.
1.13 'Introducing Recruiter' means the registered Recruiter which introduced the Candidate to Our Site and matched the Candidate’s CV to the advertiser’s vacancy.
1.14 'Remuneration' means the basic base salary or contract rate payable to the Candidate in respect of the Engagement calculated on an annualised basis.
1.15 'Requirement' means your requirements in respect of the Candidate sought, including the characteristics of the Candidate affecting their suitability for undertaking work upon an Engagement.
1.16 'Unacceptable Materials' include
(i) any advertisement that does not genuinely reflect an employment vacancy that you have at the time of placing the advertisement, or
(ii) any advertisement which discriminates, whether directly or indirectly, upon any unlawful grounds, or
(iii) any materials that are placed upon Our Website which you have not made adequate efforts to ensure are accurate, or which are misleading, abusive, offensive, pornographic, immoral, infringing of legal obligations, or intended to harm the reputation of our business or Our Website,
(iv) any data, programme, or other device, which contains viruses, Trojan horses, worms or any other such harmful implements intended to cause damage to or interfere with Our Site or intended to obtain personal information or data.
2. Our Services
2.1 We agree to provide you with the opportunity to advertise employment vacancies that you may have with us for an Advertisement Fee. We may refuse to advertise any employment vacancy at our sole discretion, the exercise of which need not be reasonable, if we consider that the advertisement could put any person in conflict with their legal obligations, or if we believe the advertisement is immoral, distasteful or potentially injurious to any person. Should we refuse to advertise a vacancy, in respect of which payment has already been made, we shall refund such portion of the Advertisement Fee pro rata to the period for which we refused to advertise the vacancy, subject to clause 1.13(ii)(a).
2.2 An Introducing Recruiter may provide information to you in respect of Candidates that an Introducing Recruiter believes would be suitable for employment. Whilst we shall at all time act in good faith we make no guarantee as to the conduct of an Introducing Recruiter or the suitability of a Candidate that they recommend to you. We make no guarantee as to likelihood of our services resulting in a suitable Candidate being identified for employment.
3. Your Responsibilities
3.1 You agree to pay the "Fee -Offered" to Vacancy-Clearing.com Ltd without deduction, set off, or counterclaim, within the Payment Terms in the event of an Engagement.
3.2 You acknowledge that in order that the Introducing Recruiter may provide a Candidate with information, which would enable them to consider the suitability of an Engagement, they require information including the Vacancy Details from you; which you consent to being provided to the Introducing Recruiter and Candidate.
3.3 You confirm that the Introducing Recruiter has your authority to notify a Candidate of the Vacancy, the Vacancy Details and any further information that you may provide.
3.4 You acknowledge that we do not verify the suitability of a Candidate and that you are responsible for ensuring that the Candidate is suitable for your needs, and your agreement to an Engagement is your warranty that you are satisfied that the Candidate is suitable for the Requirement.
3.5 You undertake to explain the Requirement, and the Vacancy Details, to the Candidate on the first occasion that you liaise with them and to advise the Candidate as to any changes to the Requirement or Vacancy Details, prior to allowing the Candidate to commence an Engagement. You undertake to obtain the Candidate Information prior to an Engagement.
3.6 You will provide to us full and complete information as to the Remuneration at the earliest opportunity and in any event prior to the commencement of an Engagement.
3.7 You agree that, prima facie, the effective cause of an Engagement will, in all circumstances, be deemed to be the introduction of the Candidate via Our Website unless you can provide evidence clearly demonstrating that this was not the case. You warrant that you will immediately (by emailing legal@vacancy-clearing.com ), and in any event within 24 hours of the initial provision of information relating to the Candidate's identity, inform us if you believe, or suspect, that you are aware of the identity of the Candidate other than via information supplied by an Introducing Recruiter. In the event that you fail to make such notification within 24-hours there will be an irrefutable presumption that the effective cause of an Engagement is the introduction of the Candidate via our Website.
4. Privacy
4.1 Whilst we have implemented appropriate technical and organisational measures to secure data, including the use of encryption, that is transferred to Our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data relating to you by a third party.
4.2 Any payments made by credit card are routed via a third party service company who is responsible for ensuring the security of the data. You acknowledge that we are not liable for any neglect on behalf of the third party service company.
4.3 At your request we shall delete any data relating to you from our files, save that when we have entered into a transaction with you in respect of which it is conceivable that legal liabilities could arise we reserve the right to archive such data until the expiry of legal liability in respect of matters to which the data relates. Notwithstanding the reservation of this right you confirm that your request for such data to be deleted is your waiver of any legal rights, to such extent as is possible at law, in respect of any matters in relation to which the data you have asked to be deleted may be relevant.
4.4 Our Website makes use of cookies. Cookies make it easier for us to log you onto Our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of our site will no longer be available to you.
4.5 In the event that there is an actual or proposed: (i) joint venture between our business and another business, or (ii) a merger between our business and another business, or (iii) an acquisition of our business, by another business then your personal data (personal data is defined in the Data Protection Act 1998) may be transferred to another party as part of the process of considering the joint venture, merger or acquisition. Any such transfer of personal data will be made subject to express conditions of confidentiality. You acknowledge that where the party who is considering the merger, acquisition or joint venture is outside the EEA this may result in your personal data being transferred outside the EEA and you confirm that you give your consent to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@vacancy-clearing.com .
4.6 You understand that any data that you provide to us may be transferred outside the European Economic Area and you specifically confirm that you agree to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@vacancy-clearing.com
5. Liability
5.1 Whilst we always endeavour to ensure that the contents of Our Website are correct and accurate (subject to clause 8.11) we accept no liability for any inaccurate or misleading data upon Our Website.
5.2 You agree to indemnify us in respect of any loss we may suffer that is consequential to, or which might have been avoided but for your failure to respect the terms of the Contract; such indemnity is to include reasonable legal costs that we may incur in the circumstances as set out in this clause 5.2, such legal costs to be assessed on an indemnity basis.
6. Website Use
6.1 You agree not to submit, try to submit, or encourage any third party to submit, Unacceptable Materials onto Our Website.
6.2 In order to register to use Our Website you must choose a password. You warrant that you will use best endeavours to ensure that this password remains confidential between you and us. You will notify us immediately if the security of your password is prejudiced in order that we make take the appropriate steps to endeavour that your account is not used for purposes outside the terms of the Contract.
6.3 You specifically confirm that you will not:
(i) place, cause to be placed, or induce another person to place any link upon another website that connects to Our Website, without written permission from a Director of ours, save that you may link to the front page of Our Website, at the address of Our Website without requiring any permission, or
(ii) remove, distort or otherwise adapt our logo or any aspect of Our Website, imply that you, your products, services, or reputation as an employer, are in anyway endorsed by us,
(iii) suggest that you are in partnership or party to a joint venture with us, or (iv) otherwise misrepresent your relationship with us.
6.4 You understand that we may, in some circumstances and at our sole discretion, allow third parties to place links upon Our Website. You acknowledge that the provision of such links upon Our Website does not provide any endorsement by us of such websites or the products or services promoted upon them, nor is the provision of any link upon Our Website indicative of any particular business relationship with the party to whose website the link is attached.
6.5 You are permitted to download materials from Our Website for your personal use only, subject to the following restrictions: (i) your express acknowledgement that we retain the copyright in any material that you download, and (ii) you will not modify, publish, transmit or transfer any of the content of Our Website except in accordance with The Designs Patents & Copyright Act 1998.
6.6 You acknowledge that 'Vacancy-Clearing' and the logo(s) on Our Website are our property and may not be used by you except with the written, revocable, consent of a Director of ours.
7. Termination
7.1 We may, at our sole discretion, which need not be exercised reasonably, terminate the Contract, or prevent or limit your use of Our Website. 7.2 Without prejudice to clause
7.1 we may terminate the Contract, limit, or prevent, your use of Our Website in the event that you breach any provision in the Contract or you become insolvent or there are indications that you may soon become insolvent (insolvent is defined in the Insolvency Act 1986).
8. General Terms
8.1 We may provide you with other services as detailed in a schedule to the Contract.
8.2 Time is of the essence to the Contract.
8.3 In the Contract the use of masculine terms shall include the feminine, and the singular shall include the plural, and vice versa.
8.4 All Candidate Information is strictly private and confidential and must not be supplied to any party by you without the written permission of a director of ours and may only be used for purposes directly relating to employing the Candidate or considering the Candidates suitability for employment. You agree to pay us liquidated damages in the sum of the Fee for any breach of this provision unless you have otherwise paid a Fee in respect of an Engagement of the Candidate to whom the information relates.
8.5 You shall not directly or indirectly induce any agency or employee of ours, to terminate their contract with us. You agree to pay us liquidated damages in respect of any breach of this provision in the sum of £15,000.
8.6 You agree that the damages in clauses 8.4 and 8.5 are a reasonable approximation of our loss.
8.7 Each clause in the Contract and each portion thereof, whether defined by punctuation or numbering is distinct and severable, and to give effect to the common intention of you and us the court may sever any part of the Contract, and the remaining part will have continuing effect.
8.8 Without prejudice to the fact that the nature of our services are such that we could never incur liability for the actions or neglect of a Candidate or Introducing Agency; in view of your acceptance of responsibility for ensuring the suitability of the Candidate, as set out in clause 3.6, and your obligations under clause 3.7, we are not liable for any acts or omissions of the Candidate in respect of any services that they provide or fail to provide. We are not liable to you for acts or omissions of ours, whether negligent or otherwise. You agree to fully indemnify us in respect of any claims brought against us, whether by you, the Candidate, or any third party, including legal costs (assessed on an indemnity basis) incurred in the defence of claims arising out of an Engagement where such liability arises due, in part or whole, to a failure by yourself to honour your legal obligations.
8.9 Our liability to you shall be limited to the lower of the Fees that you have paid to us, or the sum of £5,000.
8.10 Nothing in the Contract shall be taken exclude or limit our liability in respect of personal injury, death, fraud or when an exclusion of liability is otherwise not permitted by law.
8.11 Our invoice is deemed received on the first working day following the date upon which it was posted, or, in the event of it being sent by email or facsimile, at the time of successful transmission if this before 4pm on a working day, or if this is after 4pm, or not on a working day, receipt will be deemed to occur on the next working day.
8.12 You agree that, without prejudice to your obligation to pay the Introducing Recruiter a Fee, whenever the provision of Candidate Information is the effective cause of an Engagement, the effective cause of an Engagement will be deemed to be our provision of Candidate Information if an Engagement occurs within six months from the latest date upon which we provided Candidate Information to you.
8.13 The Contract represents the sole and entire agreement between you and us in respect of which we may provide services to you. No other terms shall be deemed to apply to the contractual relationship between you and us unless a director of ours has agreed them in writing. We do not have authority to enter into contracts on your behalf.
8.14 You confirm that you are aware of, and will comply with, all of your legal obligations and you confirm that, if you are an individual, you are over the age of 18 years and have legal standing to enter into a contractual relationship with us. If you are an Agency then, for the purposes of regulation 23 of The Conduct of Employment Agencies and Employment Businesses Regulations 2003, you confirm that you are an Agency.
8.15 The headings in the Contract are provided for convenience only and do not affect the interpretation of the any clause in the Contract.
8.16 The Contracts (Rights of Third Parties) Act 1999 specifically does apply to this Contract, for the benefit of the Candidate and the Connector.
8.17 You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@vacancy-clearing.com .
8.18 The Law of England governs this contract and the English Courts shall have non-exclusive jurisdiction.
8.18 The Law of England governs this contract and the English Courts shall have non-exclusive jurisdiction.
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