Terms & Conditions
These Terms and Conditions are between Global job shop (“the Agency”) and the hirer (“the Client” which term shall include all subsidiary and associated companies, firms and associations) seeking to engage the applicant or permanent candidate (“the Applicant”).
- These terms and conditions apply to all referrals of candidates made to a client by the Company for either temporary/permanent employment or contract engagements, subject only to any variation recorded in writing and mutually agreed to by the parties.
- These terms and conditions also apply to any other consultancy services provided by the Company to the client, unless any variation is recorded in writing and mutually agreed to by the parties.
- ADDITIONAL TERMS
- These terms and conditions (subject only to any written variation outlined under clause 1) compromise all of the terms, representations and warranties between the parties and take precedence over any prior discussions and/or agreements covering the services to be provided under this agreement by the Company to the client.
- Any implied terms, conditions or warranties are expressly excluded from this contract.
- All introductions and Applicant details are confidential and are supplied to the Client on the understanding that it will keep the information confidential and not disclose it to any third party without the Agency’s prior written consent.
- The Agency will not make any introduction or supply of Applicants to the Client until the Client has supplied the Agency with the following information:-
(a) details confirming its personal and corporate identity and the nature of its business;
(b) the proposed start date for an Applicant and the likely duration of the work;
(c) the position the Client is seeking to fill, together with a summary of the type of work the Applicant would be required to do, the location and hours at which he would be expected to work, details of any potential health and safety risks and any steps the Client has taken to limit such risks including copies of any and all relevant risk assessments undertaken by it in respect of the position it is seeking to fill;
(d) details of the experience, training, qualifications and any authorizations required to be possessed by the Applicant (either as required by law or a professional body, or as the Client considers necessary);
(e) anyexpenses payable by or to the Applicant;
(f) the minimum rate of remuneration and benefits to be offered and the intervals at which payment would be made, and the length of notice an Applicant in such a position would be required to give or entitled to receive, on termination of their engagement;
(g) written confirmation from the Client, signed by an authorized representative, confirming that it is aware of all the legal and/or professional requirements to be satisfied before the Applicants can be supplied or engaged, together with confirmation that the supply by the Agency to the Client of Applicants will not be detrimental to the Client’s interests; and
(h) written confirmation from the Client, signed by an authorized representative, confirming that it authorizes the Agency to disclose any and all information provided by the Client under this clause 4 to such of its officers and employees as it shall see fit, and authorizing the Agency and such officers and employees to disclose any of the information to Applicants introduced or supplied by it.
- Where a candidate is introduced by the Company to a client and that candidate is employed by either the client or an associated party of the client then the Company’s Standard fee as shown in the Fees and Guarantee section will be payable by the client.
- The client shall pay the Company the applicable fee even if the candidate is employed by the client in a different capacity or on a different basis to what the candidate was originally introduced for.
- The introduction period will run for a period of 12 months, with such period commencing from the initial referral of the candidate to the client by the Company.
- Any temporary or contract employee introduced by the Company to a client i.e. employed by the client or an associated party of the client within six months of the candidates completion of either a temporary or contract assignment, then the Company’s Standard fee as set out in the Schedule of Fees shall apply regardless of the capacity in which the candidate may be engaged.
- If a candidate supplied by the Company to a client is terminated (whether by dismissal or resignation) and within 12 months of that original termination date is re-employed by the client or offered an alternative arrangement by the client or an associated party of the client then the client will be charged a fee as per the Schedule of Fees. The fee will apply regardless of the position taken by the candidate.
- The client will pay all charges and fees plus GST (if any) which have been invoiced to them by the Company within seven days from the commencement date of a candidate with a client.
- If a client does not make payment for a permanent placement seven days after the candidate has started their employment with the client, then the client will have null and voided the guarantee period.
- The client will make payment for the provision of any Psychometric testing within seven days from the date of the invoice.
- The company may at its discretion charge interest, calculated on a daily basis at 5% above its own bank’s base lending rate, if any payment is not made by a client on a due date.
- All charges and fees shown under this agreement are exclusive of GST. GST shall be calculated and shown in the Company’s invoice and must be paid by the client receiving the benefit of the Company’s services.
- Any dispute or set off claim raised by a client does not entitle the client to withhold payment of any money owed to the company.
- Any costs incurred by the Company or its agents in recovering any debt owed by a client shall be added to the client’s invoice and be payable by the client upon demand.
- Any information supplied to a client by the company regarding a candidate is done so on a strictly confidential basis to enable the client to assess a candidate’s suitability for the position and except where authorized or required by law shall not be disclosed to any third party without the express written consent of the Company.
- All information disclosed by a client to the company will be held confidential by the company and will not be disclosed to any third party without the consent of the client.
- Any confidential information provided by a client to the Company may be accessed by any agent, employee or affiliate of the Company in order to complete a successful candidate placement for the client.
- LIMITATION OF LIABILITY
- The company endeavors to obtain accurate details on all candidates including their qualifications and experience. The company is however reliant on the integrity of information supplied to it by potential candidates placed by the Company.
- The company accepts no responsibility or liability to a client or any associated party whether in contract, tort, statute or otherwise for any error, omission or loss (whether indirect, direct or consequential), costs or expenses (including legal costs) incurred as a result of a candidates acts or omissions.
- The client agrees to indemnify the Company against any claim that may arise due to the actions or omissions of a candidate.
- The client acknowledges and agrees that they are solely responsible for the recruitment decision they make. It is important that the client is entirely satisfied with a candidate before engagement.
- If the company’s liability to a client cannot be excluded by operation of law then the company’s liability is limited (at its option) to either the resupply of the relevant services or the cost of the resupplying the relevant services.