THEPATHWAYTOCHINA TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR CONTRACT STAFF TO BE EMPLOYED BY THE CLIENT’S
1.1. In these Terms of Business the following definitions apply:
“Applicant” – means the person introduced by the Recruiter to the Client for an Engagement including any offer or placement or contractual agreement between the Recruiter and the client to give employable position in which the Applicant receives a salary; “Client” – means the person; firm or corporate or government or educational body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced; “Recruiter” – thePathwaytoChina, Britannia House, 1 Glenthorne Road, Hammersmith, London, United Kingdom, W6 0LH “Engagement” – means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service for services; under a Recruiter, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an employee “Introduction” – means (i) the Clients interview of an Applicant in person or by telephone or by video, following the Clients instruction to the Recruiter to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Applicant; “Remuneration” – includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
1.1 Unless the context requires otherwise, references to the singular include the plural.
1.2 The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2 THE CONTRACT
2.1 These Terms constitute the contract between the Recruiter and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.2 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a partner the Recruiter, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Applicant.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Recruiter and the Applicant and are set out in writing and a copy of the varied terms is given to the Applicant stating the date on or after which such varied terms shall apply.
3.1 In order to qualify for a refund the Applicant must still be in a qualifying period; 7-day grace period must not be exhausted from the first date of payment made.
3.2 If the Engagement terminates after the 7-day grace period from the commencement of the payment (except where the Applicant is made redundant) due to reasons of and given by the Applicant; a refund of 0% will be allowed against the Recruiters fee for the period where the Applicant is in progress of attaining training and work.
3.3 If for any reason the Applicant is made redundant by the Recruiter during and after the 7-day grace period (except where the Applicant has already started training and contractual placement is signed by the Client and the applicant) a refund of 100% of any and all fees made by the Applicant to the Recruiter directly would be returned (where business days allow for a refund to be processed electronically) thereof the Applicant would no longer be a part of any process unless deemed otherwise by the Recruiter; in which case the Applicant would restart the process again and further fees may be payable in which the Recruiter deems necessary.
3.4 Special or one time offers are strictly the right of the Recruiter and the Recruiter can change the current, future and onetime special deals at any time. The Recruiter is under no obligation to extend or renew or refund any or partial parts of a deal.
4 SUITABILITY AND REFERENCES
4.1 The Recruiter endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicants identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work to work in the position which the Client seeks to fill.
4.2 At the same time as proposing an Applicant to the Client the Recruiter shall inform the Client of such matters in clause 5.1 as they have obtained confirmation of. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to the Client.
4.3 The Recruiter endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
4.4 The Recruiter endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
4.5 Notwithstanding clauses 4.1, 4.2, 4.3 and 4.4 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Recruiter before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
4.6 To enable the Recruiter to comply with its obligations under clauses 4.1, 4.2, 4.3 and 4.4 above the Client undertakes to provide to the Recruiter details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
- SPECIAL SITUATIONS
5.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Recruiter will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, a reference from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position. If the Recruiter is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
5.1 The Recruiter 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 Applicant arising from or in any way connected with the Recruiter 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 Recruiter to introduce any Applicant. For the avoidance of doubt, the Recruiter does not exclude liability for death or personal injury arising from its own negligence.
5.2 You fully and forever insure, waive and discharge, and promise not to sue the Recruiter, its directors, employees, agents, representatives, and affiliates from and for any and all demands, claims, actions, suits, damages, losses, liabilities, costs and expenses (including, but not limited to, court costs and legal fees), from any cause whatsoever, whether directly or indirectly arising in connection with your participation in recruitment process and the role of which the work and Client provides, whether or not foreseeable or contributed to by the negligent acts or omissions of the Recruiter or others.
6.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.