TERMS AND CONDITIONS OF BUSINESS FOR PERMANENT, TEMPORARY & CONTRACTUAL PLACEMENTS
1. Scope of this Agreement
1.1 These Terms and Conditions apply to:
a. any Business proposed or undertaken by Skills Provision Limited, and entities contained within the corporate ‘Group’. All references to Skills Provision are related to all arms of the business.
b. the employment or related activity in placing individuals or larger groups.
1.2 In the absence of written confirmation, a client can only use a CV or Resume, provided by Skills Provision Limited for the sole intention of recruitment and as such should be respectful of legal obligations (national & international) regarding data protection and confidentiality. A copy of the Data Protection Policy can be viewed here https://www.skills-provision.com/data-protection-policy
1.3 These Terms and Conditions constitute the entire agreement between the parties in relation to the business, placement and/or the employment, engagement, or other use by the client of a candidate introduced by Skills Provision.
2.1 Skills Provision shall use reasonable skill and care in sourcing candidates before placing into the Client Zone for appraisal by the client.
2.2 The Client shall provide Skills Provision with placement requirements, including the anticipated salary package, job description and any other information reasonably necessary to enable Skills Provision to source suitable candidates.
2.3 Insofar as a candidate or a third party provides details (whether in the form of academic or professional qualifications, professional background, experience or the like) relating to the candidate, Skills Provision provides no warranty or representation as to the accuracy of such information and Skills Provision will not be liable to the client for any loss (including direct loss, indirect or consequential loss, loss of profit, loss of anticipated revenue, loss of reputation or regulatory fines) or damage, nor shall Skills Provision bear any responsibility for any client legal costs and expenses associated with such matters, whether arising directly or indirectly, as a result of such inaccurate or misleading information and the client acknowledges that it is their sole responsibility and obligation undertake its own investigations to verify any information provided in respect of that candidate and ensure that the same is accurate and correct.
2.4 Where the client has instructed Skills Provision to approach a particular candidate on the client’s behalf, the Client shall indemnify and keep Skills Provision indemnified against all liabilities, costs, expenses, damages and direct losses and all interest, penalties and reasonable legal and professional costs and expenses suffered or incurred by Skills Provision as a result of claims made against Skills Provision in connection with such instruction provided that Skills Provision has complied with its obligation to use reasonable skill and care and has not acted negligently or illegally in such regard.
2.5 Skills Provision gives no representation or warranty that any candidate is or will be willing and/or available to accept any Placement.
2.6 Skills Provision will not be liable for any and all losses, including direct losses, indirect or consequential losses, loss of profit, loss of actual or anticipated savings, loss of anticipated revenue, loss of reputation or regulatory fines, liabilities, costs and expenses (including legal costs and expenses) incurred by the client arising from the candidate’s acts or omissions including their acts or omissions in the performance of their employment (whether on a permanent, temporary or contractual basis) with the client.
2.7 The client acknowledges that the final decision to employ or engage the candidate rests with them.
2.8 The client will make Skills Provision aware of any security and/or health and safety requirements which Skills Provision’s staff and/or the candidate must observe whilst at the client’s premises.
2.9 Unless otherwise notified to the contrary by the client in writing to Skills Provision, the Client hereby provides Skills Provision with its consent to use and reproduce the client’s name, logo and trademarks within advertising for the placement and for Skills Provision’s general promotional literature (whether online or in print) provided always that Skills Provision shall not change or otherwise amend the client’s name, logo or trademark without the client’s prior written consent. Nothing in this provision shall create any rights of ownership (whether registrable or not) in favour of Skills Provision over the intellectual property of the client.
2.10 Skills Provision shall not be responsible for arranging work permits, visas, insurance or other incidental requirements of employment for the candidate.
2.11 The unethical practice of placing workers outside this formal agreement is forbidden. For example, a client approaching the candidate(s) or the candidate(s) approaching the client (directly or indirectly) for a period of 12 months.
3.1 Placement fees shall be provided in an email marked as ‘Official Quote’.
3.2 Fees may be subject to a deposit being requested depending on the type of recruitment requested, time frames expected and the complex nature of the undertaking.
3.3 Fees will be subject to amendments if there are official changes and modifications to the Official Contract.
3.4 Where a percentage of the annual salary is quoted the actual fee maybe unknown until such time as a candidate/candidates commences employment.
3.5 VAT is not chargeable outside of the UK. All placement fees within the United Kingdom will be subject to VAT at the statutory rate.
3.6 All placement fees will be covered by a serialised official invoice; all invoices are to be paid by the client on or before an agreed date or no later than 30 days from the invoice date.
4. Replacement Candidates
4.1 Skills Provision offers a 30-day no quibble replacement guarantee, for placed candidates that are deemed unsuitable. Skills Provision will endeavour to replace within 60 days or reimburse the client.
5. Confidentiality and Data Protection
5.1 Each Party will hold information of the other that can be reasonably regarded as being confidential or is notified as being so by the disclosing Party, in confidence and will not disclose such information without the consent of the other Party unless required by law or a court of competent jurisdiction, or it has already been made available to the public other than through a breach of this clause. Any CV or Resume or details of the candidate provided to the client by Skills Provision shall remain the confidential information of Skills Provision.
5.2 Both Parties shall comply with its data protection obligations as more particularly set out in the Data Protection Legislation that apply to each of them respectively. The parties agree that they will be classified under the Data Protection Legislation as ‘Data Controllers in Common’ and have agreed to both comply with the Data Sharing Protocol relating to the data sharing referred to in these Terms and Conditions, which is accessible here: https://www.skills-provision.com/data-protection-policy The client shall indemnify Skills Provision against all liabilities, costs, expenses, damages and direct losses and all interest, penalties and reasonable legal and professional costs and expenses suffered or incurred by Skills Provision arising out of or in connection with any third-party claims (Including those of candidates) caused by the misuse of a candidate’s personal data by the client or its subsidiaries, or the employees, directors, agents or contractors of each.
5.3 All queries on confidentiality and data protection should be directed to the Data Protection Officer at Skills Provision.
6.1 Neither Party shall be liable to the other under or in connection with these Terms and Conditions or any contract made upon them for any indirect or consequential loss, loss of profits, loss of business, loss of revenue loss of anticipated savings, loss of reputation or regulatory fines. Nothing in these Terms and Conditions limits any warranty, exclusion or limitation of liability or right imposed by statute or regulation to the extent that it cannot lawfully be excluded or limited.
6.2 Subject to the extent that a liability cannot be lawfully excluded or limited, the maximum liability of each Party to the other in respect of any Placement shall be limited to one hundred and twenty percent (120%) of the Placement Fees which are payable.
6.3 If any clause is held by a court of competent jurisdiction to be illegal or unenforceable, that part will be severed from all other terms without affecting the validity or enforceability of all other provisions of these Terms and Conditions.
6.4 If a Party is prevented in the performance of its obligations under this Terms and Conditions by circumstances that are beyond the control of that Party (acting reasonably) then that Party will not be liable for what would otherwise have been a breach of its obligations under these Terms and Conditions.
6.5 No failure or delay by either Party in exercising any right or remedy available to it will constitute a waiver of that or any other right or remedy. No waiver or amendment of any clause will be effective unless confirmed in writing to the other Party and in the case of Skills Provision, by a director of Skills Provision.
6.6 Those clauses which, by their nature, are intended to continue to have effect following termination or expiry of these Terms and Conditions shall survive and continue to bind the Parties.
6.7 Any variation to these Terms and Conditions, including the attempted introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by an authorised signatory of Skills Provision.
6.8 By the client signing the official contract of Skills Provision they agree to abide by the terms laid out in the Terms and Conditions document. This will remain in force until the contract is terminated or made null and void.
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