Candidate - Terms and Conditions
1 Acceptance of terms and conditions
I ………………………… (Name) (the “Candidate”) agree to the Terms and Conditions described in this Agreement.
In these Terms and Conditions, the following words will have the following meanings:
Affiliate in relation to a Party, any person that Controls, is Controlled by, or is under common Control with that Party;
Agreement the Agreement containing these Terms and Conditions;
Candidate any person who approaches Escalate UK, or accepts an approach by Escalate UK with a view to being Introduced to its Clients for job opportunities;
Client any person, firm or company who approaches Escalate UK with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to whom a Candidate is Introduced by Escalate UK;
Control in relation to a Party, direct or indirect beneficial ownership of more than 50% of the share capital, stock or other participating interest carrying the right to vote or to distribution of profits of that Party, as the case may be;
Data Protection Legislation up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;
Engage(s) (or Engagement or Engaged) the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client;
Introduce (or Introduction) the provision to a Client of a curriculum vitae or any other details, whether written or oral, of the Candidate, whether or not the Candidate had knowledge of that Client before the Introduction;
Escalate UK the trading name of Monkey Island Recruitment Ltd, a company registered in England and Wales under company registration number 11488803, and whose registered office is at Bray Business Centre, Weir Bank, Monkey Island Lane, Bray, Berkshire SL6 2ED.
Party (or Parties) Escalate UK and the Candidate, and 'Party' will mean either one of them;
Recruitment Services the provision of recruitment services by Escalate UK.
3 Recruitment Services
3.1 Escalate UK provides Recruitment Services, subject to the terms and conditions of this Agreement.
3.2 The Recruitment Services are provided to the Candidate free of charge, on the basis that Escalate UK may be paid a fee by its Client.
3.3 Escalate UK does not represent, warrant or undertake to find a suitable position for the Candidate. Furthermore, Escalate UK is under no obligation to forward a Candidate's details to a Client where the Candidate is in Escalate UK’s reasonable opinion unsuitable.
3.4 If the recruitment process includes an online application form, Escalate UK may with the Candidates consent complete the application form on a Candidate's behalf. In those circumstances Escalate UK may email the Candidate a list of the questions to be answered, and will reference the answers provided to complete the online application form.
3.5 Escalate UK may review a Candidate's CV and reserves the right but has no obligation to correct grammatical and spelling errors contained therein and redact Personal Data prior to submitting it to a Client.
3.6 Unless otherwise agreed in writing, Escalate UK nor the Client is responsible for any out of pocket expenses including travel, parking and accommodation incurred by the Candidate in attending an interview with a Client. For the avoidance of doubt, if a Client agrees to reimburse a Candidate in respect of interview expenses the arrangement is a private one between the Candidate and the Client.
4 Candidate obligations
4.1 Candidates will provide Escalate UK with :
4.1.1 a full and accurate Curriculum Vitae;
4.1.2 copies of qualifications and membership of professional bodies (if requested);
4.1.3 full and accurate information in response to a request under clause 3.4.
4.2 Candidates acknowledge and agree that by submitting his Curriculum Vitae to Escalate UK
4.2.1 They authorise Escalate UK to act on their behalf for the purpose of the Recruitment Services;
4.2.2 They authorise the disclosure of their CV, and other relevant information including qualifications to Clients and prospective Clients of Escalate UK.
4.2.3 Other than in the case of a specific vacancy discussed with the Candidate, Escalate UK will not forward Curriculum Vitaes onto Clients without the Candidates prior consent.
4.3 Candidates will notify Escalate UK immediately on the occurrence of the first of the following events:
4.3.1 They accept an offer of employment from the Client; or
4.3.2 the commencement of an Engagement with a Client,
including any Affiliate of the Client.
4.4 If requested by Escalate UK, a Candidate will provide names and full contact details of at least two referees whom the Candidate agrees Escalate UK and/or its Client may approach for the purpose of obtaining a reference for the Candidate.
4.5 Candidates will inform Escalate UK immediately if they become aware of any circumstances which would render such Engagement detrimental to their interests or those of Escalate UK and/or the Client.
4.6 During the Recruitment Services, the Candidate will not engage in conduct which may have a detrimental impact on the reputation of Escalate UK or any Client.
5 Data protection
5.1 Escalate UK will comply with its obligations under the General Data Protection Legislation.
6 Warranties, liability and indemnities
6.1 It is acknowledged by the Candidate that our Client has the responsibility for reviewing Curriculum Vitaes, shortlisting potential candidates for interview and any job offers.
6.2 Escalate UK gives no warranty as to the suitability of an Engagement for a Candidate. The Candidate will satisfy themself as to the suitability of the Client as a potential employer and the suitability of the job title and job specification before attending any interview or accepting a job offer.
6.3 Escalate UK is not liable to the Candidate for any loss, injury, damage, expense or delay incurred or suffered by the Candidate arising directly or indirectly from or in any way connected with the Introduction to or the Engagement, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of Escalate UK. In particular, but without limiting the generality of the foregoing, Escalate UK will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:
6.3.1 any failure of the Client to meet the Candidate's requirements;
6.3.2 any act or omission of a Client, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise including the Client's failure to
(a) respond to or reject a Candidate’s job application,
(b) contact Escalate UK to confirm an interview after requesting an interview is arranged;
(c) attend a confirmed interview;
(d) provide any feedback after an interview;
6.3.3 the withdrawal by a Client of an oral or written job offer; or
6.3.4 any loss, injury, damage, expense or delay suffered by a Candidate.
6.4 Escalate UK is not liable to the Candidate in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Candidate of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
6.5 Notwithstanding any other provision of the Contract, the liability of Escalate UK shall not be limited in any way in respect of the following acts or omissions carried out by or attributable to Escalate UK:
6.5.1 death or personal injury caused by negligence;
6.5.2 fraud or fraudulent misrepresentation;
6.5.3 any other losses which cannot be excluded or limited by applicable law
6.6 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
7.1 In this Agreement unless the context otherwise requires:
7.1.1 words importing any gender include every gender;
7.1.2 words importing the singular number include the plural number and vice versa;
7.1.3 words importing persons include firms, companies and corporations and vice versa;
7.1.4 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
7.1.5 the headings to the clauses paragraphs of and schedules to this Agreement are not to affect the interpretation;
7.1.6 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
7.1.7 where the word 'including' is used in this Agreement, it will be understood as meaning 'including without limitation'.
7.2 Without prejudice to the other remedies or rights a Party may have, either Party may terminate this Agreement, at any time, on not less than 14 days written notice to the other Party.
7.3 No amendment or variation of this Agreement will be valid unless confirmed as agreed, in writing, by an authorised signatory of each Party.
7.4 Neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of the other Party.
7.5 This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
7.6 This Agreement will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
7.7 If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
7.8 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
7.9 Any notice to be given under this Agreement will be in writing and will be sent by first class mail to the address of the relevant Party
8 Applicable law and jurisdiction
8.1 The validity, construction and performance of this Agreement is be governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
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