|
These terms and conditions of business are between (“R&P Consultants”) and the employer Client indicated on the final page (“Client”). All use of the Services is subject to this Agreement, and this Agreement excludes and replaces all other agreements or terms relating to the Services. This Agreement comes into force when signed by both parties.
“Agreement” means this agreement including the schedule setting out the Client's requirements and details of fees payable to R&P Consultants by the Client.
“Applicant” means an individual any of whose details are obtained by the Client from the R&P Consultants.
“Client” shall include any subsidiary, associated or holding company (or their subsidiaries) of the Client.
“Services” means the services provided by under thi R&P Consultants s Agreement.
“Site” means the website(s) operated by R&P Consultants for the purpose of advertising vacancies related to the recruitment industry.
“Vacancy” means a vacancy for a position with the Client or through the Client
No variation can be made to these terms without the written consent by the owners of . R&P Consultants
2.1 Under this Agreement R&P Consultants provides Client with an Account Service which gives the Client unlimited use of the R&P Consultants system to advertise an unlimited amount of vacancies, for a monthly fee. We create a web-page branded for the Client and the Client has control over content, subject to the other terms of this Agreement. Once the Client sets up an Account, the Agreement will continue in force for one month, three months, six months or one year periods (as selected in the schedule), unless terminated with 1 months written notice. This notice period does not apply to one month subscriptions . If the contract is cancelled prior to completion of the whole contract period, any discounts that were applied will be re-calculated and charged accordingly.
2.2 Either party may terminate at any time by giving the other one month's notice in the event of the other party's material breach of the Agreement or liquidation, winding up, administration, receivership or similar event.
2.3 The service allows the Client to advertise Vacancies and to access information on Applicants who may be suitable. We will allocate a unique identification and password to the Client. The Client may change the password, but must use the identification and password when using the Services.
3.1 The Client will pay the fee 30 days from the date of the invoice , unless otherwise stated , which will be issued upon commencement of the agreement.
3.2 Late Payment
Should the Client fail to make any payment when due, R&P Consultants reserves the right to suspend Services to the Client. The Client will be responsible for any legal costs incurred in recovering the amounts due, and R&P Consultants may also charge interest on the full amount due from the due date until the date that full payment is received (before and after judgment) at the base rate of the Bank of England plus 8%, calculated daily.
3.3 Fee Amount
Fees are set out in the Schedule. These may be varied by R&P Consultants on any renewal of the Agreement.
The Client agrees that for so long as it is party to this Agreement:
4.1 it shall not use the Services for any unlawful purposes
4.2 it shall ensure that all information that it provides to, R&P Consultants including but not limited to information related to placements to be advertised on the Services, is accurate, does not contain any misleading items or misrepresentations, does not infringe any other person's rights and does not breach any applicable law;
4.3 it shall not post or upload to the Site or Services any material nor use the Site or Services for the distribution of any material, which i R&P Consultants n its sole discretion considers offensive, immoral, abusive, indecent or otherwise undesirable, and shall not use the Site or Services or any information from them for spamming or any other purpose not approved by us;
4.4 it shall not seek or obtain details of an Applicant unless it has a placement to fill for which such Applicant might be suitable;
4.5 it shall not use any information regarding Applicants for any purpose other than the recruitment of staff for its own internal or group business or third parties.
4.6 it shall take appropriate steps to keep confidential its own information and password, be responsible for all uses of the Client's account, and notify us immediately of any unauthorised use;
4.7 it shall not attempt to access data or any parts of R&P Consultants system which it is not authorised to access;
4.8 it shall provide such information as R&P Consultants may reasonably request to confirm that all information supplied for posting on the Site is correct and/or that it is not in breach of the Agreement;
4.9 it shall defend and indemnify R&P Consultants against all claims, losses, damages, liabilities, costs and expenses arising as a result of its breach of this Agreement.
5.1 R&P Consultants may suspend or block the Client's access to the Services at any time if the Client breaches any of the terms of this Agreement.
5.2 R&P Consultants will be developing its web-site and service further, so reserve the right:
• to make changes to the Site and Services; and
• to render the Services unavailable for periods where this is necessary for development or maintenance.
The parties agree that they will only use the other's confidential information for the performance of this Agreement, and will not disclose it to other parties other than as necessary for the performance of this Agreement or as required by law.
7.1 In view of the nature of the Services, the Client must satisfy itself as to the suitability of any Applicant. The Client is responsible for the taking up of references and for establishing the Applicant's qualifications, capabilities, honesty, medical history, availability and suitability to meet the Client's requirements. R&P Consultants does not verify or warrant the accuracy or reliability of any information posted or received via the Services, and reliance on the information is at users' own risk.
7.2 R&P Consultants is acting not as an employment agency or employment business, but as a conduit for information relating to vacancies and candidates between employers and potential employees. R&P Consultants is not in the business of finding employment for workers or workers for employers. Accordingly, the Employment Agencies Act 1973 and corresponding regulation does not apply.
7.3 R &P Consultants gives no warranty or representation, expressed or implied, in respect of any Applicant introduced and accept no liability for any failure of an Applicant to perform or comply with their terms of employment or engagement, or for any loss, expense, damage or delay, however caused, arising from the introduction of the Applicant to the Client's employment.
7.4 R&P Consultants will endeavour to keep the Services working as often as possible, but will not be responsible for any time for which it is unavailable, whether due to telecommunications or internet failures or otherwise. All users are responsible for taking appropriate measures against the risks associated with using the internet, including viruses and other harmful mechanisms, and R&P Recruitment will not be liable to the Client for any loss, damage or liability caused by any such item.
7.5 R&P Consultants entire liability to the Client, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees paid by the Client to career in the twelve R&P Consultants months preceding the date on which such liability arose.
7.6 In no event will R&P Consultants be liable to the Client for any indirect, consequential or special loss or damage, including lost profits, sales, business, data, goodwill, savings or otherwise, however caused (including by negligence).
7.7 Nothing in this Agreement limits R&P Consultants liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation.
7.8 If any of the preceding sub-Clauses is found invalid or unenforceable, the remaining sub-clauses remain in full force and effect.
8.1 All copyright, trade marks, patents, database rights and other intellectual property rights in the Site, Services and underlying functions are the property of R&P Consultants or its licensors, and the Client must not copy, alter or otherwise infringe any such rights.
8.2 Notices must be sent in writing or by e-mail to the relevant party's details set out in the registration form or otherwise properly notified to the other party. Notices are deemed received two working days after posting, and twenty four hours after despatch by e-mail.
8.3 This Agreement is the entire agreement between R&P Consultants and the Client, and supersedes all previous agreements and statements relating to its subject-matter.
8.4 This Agreement is governed by English law, and the Client submits to the exclusive jurisdiction of the English Courts.
Please read the Terms & Conditions carefully. By accessing R&P Consultants website at www.r&precruitmentlondon.com you are agreeing to the terms that appear below, whether or not you register as a user.
- R&P Consultants guarantees that it will use its best endeavors to organize the services advertised on www.rpconsultantslondon.com
- R&P Consultants will organize each of the services in the fastest and easiest way possible in terms of the factors and circumstances under its powers and based on the information and documentation provided by its customers and in the terms of the period of time it has been accomplished. R&P Consultants takes no responsibility for any delay caused by other institutions and companies or wrong information given from the customers.
- R&P Consultants promises to make its best in order to book the earliest possible interview in the closest office possible to the customer’s address. R&P Consultants bears no responsibility when the interview arranged takes place for more than two weeks time as this is a question of availability of another institution. The same is valid when the closest office to the customer’s address where the interview should take place is not in the customer’s town. No refund is due in the cases above.
- Assistance in opening a UK bank account is subject to the bank’s compliance laws and account opening regulations. Compliance laws are subject to change at any time. Valid proof of identity, working permit for at least 6 months and proof of UK address will also be required to open the bank account.
- R&P Consultants will make no refunds on the basis of the fact that after being explained what are documents needed, the customer cannot provide any of them as purchasing of the services will be considered as a positive statement from his/her side that the papers listed are available.
- R&P Consultants is not responsible for any failure and no refund is due when:
- The customer has provided information which is false, inaccurate, incorrect, insufficient or misleading in any way;
- The customer has arranged by himself/herself or with any other company/institution the service/good purchased through R&P Consultants
- The customer has already applied for the same service purchased through R&P Consultants, either directly or through another person, natural or legal.
- The customer has bad credit history, criminal record, false or irrelevant documents or owes money to any institution.
- The bank has different information on its system than that provided by the customer.
- The institutions which R&P Consultants deals with lead to a decision that the customer is not due the relevant service/good purchased through R&P Consultants. Where there is a possible case for appeal within the law, such measures will be taken by R&P Consultants, where the customer information enables it to do so.
- Cancellation fee of 20 GBP applies, if the customer decides to cancel the service in the same day of the purchase.
|