TERMS OF BUSINESS: CANDIDATES
This Agreement is between Odyssey Enterprises Ltd (04825653) at 71-75 Shelton Street, London WC2 9JQ, UK (Odyssey Recruitment) and the Candidate. Whereas this Agreement constitutes the entire business terms between Odyssey Recruitment and the Candidate and shall govern all business between them.
In these Terms of Business, the following terms of business apply:
- ‘Acceptance’ means the date on which the Candidate signs the offer of Engagement;
- ‘Candidate’ means individual, partnership, corporate entity or any other person introduced by the Company to the Client for an Engagement including any members of the Company’s own staff;
- ‘Client’ means the person, firms or corporate body together with any subsidiary or associated company (as defined by the Companies Acts of 1985 and 2006) to whom the Candidate is introduced by or on behalf of the Company;
- ‘Company’ means Odyssey Enterprises Limited (Company No: 04825653) trading as Odyssey Recruitment with Information Commissioner’s Office registration number Z1881079;
- ‘Engagement’ means the engagement, employment or use of the Candidate directly or indirectly by the Client on a permanent or temporary basis, whether under the contract of service or for the services, under an agency, license, franchise or partnership agreement, or any other engagement;
- ‘Introduction’ means (i) the provision of any information by the Company to the Client (including the provision of a curriculum vitae) which identifies a candidate and/or (ii) the Client ‘s interview of a Candidate whether in person or by telephone or by any other means, regardless of whether or not the Client knew the Candidate previously, and “introduced” will be construed accordingly;
- ‘Remuneration’ means the actual or anticipated compensation to be paid to the Candidate by the Client as remuneration for the first year of the Engagement, including but not limited to salary, bonus, (whether guaranteed or variable), travel or relocation allowance, subsidised accommodation and any and all taxable emoluments. Provision of a company car shall be regarded as Remuneration and calculated at £6,000.
- Fees’ means percentage of Remuneration agreed with the Client, subject to a minimum of £6000.
Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
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 of Business and any appendix hereto constitute the contract between the Company and the Candidate and are deemed to be accepted by the Candidate upon completion and delivery of the online application form or paper application form, by email or post, to the Company.
2.2 All and any business undertaken by the Company in relation to the Candidate is transacted subject to these Terms of Business, all of which shall be incorporated in any agreement between the Company and the Candidate. Unless otherwise agreed in writing by a Director of the Company, these Terms of Business shall prevail over any other terms of business or written conditions put forward by the Candidate and supersede all or any previous terms of business.
2.3 No variation or alteration of these Terms of Business shall be valid unless the details of such variation are agreed between the Company and the Candidate and are set out in writing and a copy of the varied terms is given to the Candidate stating the date on or after such varied terms of business shall apply. Any variations or alterations must be approved in writing by a Director of the Company.
2.4 A complete or partial declaration of invalidity or unenforceability by a court of competent jurisdiction of any provision herein for any purpose shall in no way affect the validity or enforceability of such a provision for any other purpose or the remaining provisions. Any such provisions shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance.
The Candidate agrees:
3.1 To notify the Company immediately of any offer of an Engagement which is to be made to the Candidate from the Client.
3.2 To notify the Company immediately when an offer of an Engagement from the Client has been accepted and to provide full details of the Remuneration to the Company.
3.3 In the event that the Candidate withdraws from the offer of Engagement at any time after Acceptance and before the date of commencement of employment, or in the event that the Candidate resigns from the employment with the Client before the completion of the probationary period, the Candidate will be personally liable for the costs incurred during the recruitment and onboarding processes and any losses to the Company resulting from the Candidate’s actions. The Candidate shall receive an invoice which will be payable within 14 days of the Candidate’s withdrawal.
3.4 The Candidate will not be liable for payment of the invoice in the event of accident or illness of the Candidate which prevents the Candidate from commencing or continuing his employment with the Client. The Company reserves its right to request written proof of any illness or accident which is deemed to have occurred.
3.5 The Company reserves the right to charge interest on any outstanding amounts unpaid past the due date at the rate of 8% above Barclay’s Bank base rate from the due date to the date of actual payment. The Candidate will bear any legal costs or other expenses incurred by the Company as the result of non payment or late payment of an invoice and the Company reserves the right to charge forex for currency fluctuations in the event of late payments.
4. CANDIDATE’S OBLIGATIONS
4.1 The Candidate warrants that all information provided to the Company, including but not limited to, personal data and information concerning professional qualifications and licensure will be accurate and up to date at the time when it is supplied. In the event that any information supplied to the Company changes, it is the duty of the Candidate to forthwith re-submit accurate information to the Company.
4.2 The Candidate acknowledges that the Company will have the right to terminate the professional relationship between the parties, including the Candidate’s online data profile, in the event that any information provided to the Company by the Candidate is found to be false or materially untrue.
5. COMPANY’S OBLIGATIONS
5.1 The Company will comply with all UK data protection laws in respect of the Candidate’s disclosure of personal data in order to facilitate introductions to Client’s for the purpose of securing Introductions and Engagements for the Candidate.
6.1 The introduction of a Candidate is confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in an Engagement with that third party within 12 months of the Introduction renders the Client and Candidate jointly and severally liable to payment of the Company’s fees with no entitlement to any refund.
6.2 An introduction fee will be charged in relation to any Candidate engaged as a consequence of or resulting from an Introduction by or through the Company, whether direct or indirect, within 12 months from the date of the Company’s introduction. The Client and the Candidate will be jointly and severally liable for this fee.
7.1 The Company endeavours to ensure the suitability of any Candidate introduced to any Client by obtaining confirmation of the Candidate’s identity; that the Candidate has the qualifications, experience, training and any authorization which the Client considers necessary or which may be required by Law or by any Professional Body; that the Candidate is willing to work in the position which the Client seeks to fill.
7.2 The Company endeavours to take all such steps as are reasonably practical to ensure that the Candidate and Client are aware of any requirements imposed by Law or any professional body to enable the Candidate to work in the position which the Client seeks to fill.
7.3 The Company endeavours to take all such steps as are reasonably practical to ensure that it would not be detrimental to the interests of either the Candidate or the Client for the Candidate to work in the position which the Client seeks to fill.
7.4 Notwithstanding clauses 6.1 and 6.2 above, the Client shall satisfy itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate to it or the Company before engaging such a Candidate. The Client is responsible for obtaining work permits and/or such permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, and satisfying any medical or other requirements, qualifications or permission required by the Law of the country in which the Candidate is engaged to work.
7.5 To enable the Company to comply with its obligations under clauses 6.1 and 6.2 above, the Client undertakes to provide to the Company details of the position which the Client seeks to fill, including the type of work that the Candidate would have to do; the location and hours of work; the experience, qualifications and training and any authorizations which the Client considers are necessary or which are required by Law or any professional body for the Candidate to work in this position; 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 Candidate 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 Candidate would be entitled to give and receive to terminate the employment with the Client.
8.1 The Company shall not be liable under any circumstances for any loss, expense, damage, injury delay, costs or compensation (whether direct, indirect special or consequential) which may be suffered or incurred by the Candidate arising from or in any way connected with the Company for the purpose of facilitating an Introduction to or Engagement of any Candidate with the Client or from the failure of the Company to introduce any Candidate and, in particular, but without limitation to the foregoing, any such loss, expense, damage injury, delay, costs or compensation arising from or in any way connected with:
8.1.1 Failure of the Client to meet the requirements of the Candidate for all or any of the Engagement;
8.1.2 Any act or omission of a Client, whether willful, negligent, fraudulent, dishonest, reckless or otherwise;
8.1.3 Any loss, injury, damage, expense or delay incurred or suffered by a Candidate;
PROVIDED THAT nothing in this clause 7.1 shall be construed as purporting to exclude or restrict liability of the Company to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability or any exclusion or limitation which is prohibited by law.
8.2 In consideration of the Company entering into an agreement with the Candidate into which these Terms of Business are incorporated, the Candidate hereby undertakes to indemnify the Company in respect of any and all liability of the Company for:
8.2.1 Any loss, injury, expense or delay suffered or incurred as a result of the Candidate’s breach of these Terms of Business;
8.2.2 Any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Candidate, whether willful, negligent, fraudulent, dishonest, reckless or otherwise and
8.2.3 For payment of the Company’s expenses and losses in the event that the Candidate accepts the Client’s offer of Engagement and thereafter fails to commence work for the Client or in the event that the Candidate commences the Engagement and terminates the Engagement during the probationary period.
PROVIDED THAT this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an Engagement.
8.3 The Candidate acknowledges that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the invoices payable to the Company hereunder and shall accept risk and/or insure themselves accordingly.
9.1 The Company may terminate this professional relationship in its entirety at any time by written notice given to the Candidate. There shall be no liability owed by the Company to the Candidate for the termination of this professional relationship. The Company reserves the right to remove, delete or suspend the Candidate’s online profile at any time.
9.2 Any provisions of these Terms of Business which by their nature extend beyond termination of our relationship or completion of the particular transaction or matter shall survive such termination or completion.
10.1 These terms are governed by the laws of England and are subject to the non-exclusive jurisdiction of the English courts.
11.1 The Company reserves the right to review and to revise these Terms of Business without prior notice.
11.2 The Candidate and the Company acknowledge that they have entered into this Agreement for the benefit of each other, therefore a person who is not a Party to this Agreement shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.