TERMS OF BUSINESS FOR THE MARKETING AND INTRODUCTION OF
CANDIDATES FROM RECRUITMENT AND EMPLOYMENT AGENCIES, HOSTED BY MYCVUK.COM.
1. DEFINITIONS
1.1 In these Terms of Business the following definitions apply :
“Applicant “ means the person introduced by the Company to the Client for an Engagement including any members of the Company’s own staff.
”Agency” means the person, firm or corporate body who places the Applicant on the Company website and who will thereafter deal with any transaction once interest is shown by the Client.
“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the company’s act 1985 to whom the Applicant is introduced.
“Company” mycvuk.com, Kersland Drive , Milngavie, Glasgow , G62 8DG.
“Engagement” means the engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under a contract of service or for services; under an Agency, License, Franchise or partnership agreement, or any other engagement.
“Introduction” means the Agency’s registration of an Applicant onto the Company website , which must be done only with the Applicant’s knowledge and consent.
“Remuneration” is the sole responsibility of the Agency Client and Applicants and the Company has no involvement in this function.
“Company Fee” is the annual subscription fee paid to the Company by the Agency for the hosting and marketing of Applicants
1.2 Unless the context requires otherwise references to the singular include the plural and references to the masculine
include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms of business are deemed to be accepted by the Agency by virtue of an Introduction of an Applicant.
2.2 Unless otherwise agreed in writing by an authorised official of the Company, these Terms of Business shall prevail over any other Terms of Business or purchased conditions put forward by the Agency.
2.3 No Variation or alteration of these Terms of Business shall be valid unless approved in writing by the authorised official of the Company.
3. NOTIFICATION AND FEES
3.1 The Agency Agrees:
a) to notify the Company immediately of any offer of an Engagement which it receives for and is accepted by the Applicant. So that said Applicant can be subsequently withdrawn from the Company website
b) to pay the Company’s fee within 14 days of the date of invoice.
3.3 The Company reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 2% per annum above the base rate from time to time of The Royal Bank of Scotland plc. From the due date until the date of actual payment.
3.4 The fee payable to the Company by the client for an Introduction resulting in an Engagement is as follows :-
All fees for the registration of Applicants onto the Company website are charged annually to the Agency as follows :
1-50 Applicants: £300
51- 99 Applicants: £500
100 -500 Applicants: £1000
Over 500 Applicants: £1500
VAT will be charged on all fees.
3.5 All subscriptions / fees are payable on an annual basis by the Agency to the Company and are renewed and automatically invoiced every year on the anniversary of the original contract unless cancelled by the Agency 30 days prior to renewal date . There are no refunds allowed once a Contract has commenced between the Agency and Company.
5. INTRODUCTIONS
5.1 Introductions of Applicants by the Agency to the Company are confidential with no exchange of Applicants contact details
5.2 Marketing of Applicants by the Company after Introduction by the Agency will be on a profile basis with no contact details to protect Agency “property”
6. SUITABILITY
6.1 The Company endeavours to ensure the suitability of any Applicant introduced to the Client. Not withstanding this, the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the Applicant and/or the Company before engaging such Applicant ultimately through the Agency The Client shall be responsible for obtaining work permits if required, for the medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
7. LIABILITY
7.1 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client or Agency arising from or in any way connected with the Company seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Company to introduce any Applicant. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
8. LAW
8.1 These Terms are governed by Scottish Law and are subjected to the exclusive jurisdiction of the Scottish Courts.
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