Candidate Agreement –
Permanent or Direct Work
We
are
Project Resource Limited of 2nd Floor, Hanover House, 202 Kings Road, Reading, Berkshire, RG1 4NN trading as Project Resource Limited & “we”, “us”, “our” & “ours” refers to Project Resource & all branch offices of Project Resource. Project Resource, for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of Project Resource.
& "you" &
"your" refers to you our candidate.
Introduction: We are an
Employment Agency in the business of providing services to locate work for
persons registered on our database of candidates & introducing such
candidates to our Clients with a view to direct employment or engagement by a
Client. You are seeking work, have provided us with your personal details to be
registered on our database of candidates, & have asked us to locate work
for you. We are prepared to seek work for you on the basis set out in these
terms, & you wish to accept our services.
Terms
Our obligations to you
1
Whilst
your details are registered on our database:
(a) we may from
time to time & at our sole discretion search for employment opportunities
for you, usually within the Work Types, & if we consider any opportunity
may be suitable we may inform you of this opportunity & any terms proposed;
(b) we may,
where appropriate in each case, arrange an interview for you to meet a Client
& assist in concluding any negotiations but we offer no guarantee that an
opportunity we inform you of will be capable of being progressed.
2
If
you do not wish us to provide your information to any particular potential
hirer it is important that you inform us in writing, providing us with
sufficient detail so that we can recognise all of the persons or organisations
you wish to exclude, & we cannot accept any liability if we provide your information
to any potential hirer other than one you have specifically excluded.
3
If
you wish us to find temporary work for you, we may do so in accordance with
separate terms to be supplied upon request.
Your
agreement
4
In
consideration of registration of your details on our database, whilst you are
so registered, you agree:
(a) to provide
us with a curriculum vitae if you have not already done so, &, if we
request it, proper evidence of your entitlement to work in the United Kingdom
& any qualifications or certificates that are referred to in your
curriculum vitae or otherwise disclosed by you;
(b) to provide us
with any information we reasonably request & any information relevant to
the decision of a Client to engage you including information that may result in
the best interests of a Client being affected in any way, whether relating to
your health or ability to perform work efficiently or otherwise (including
charges for criminal offences & undischarged criminal convictions),
together with details of any periods of sickness you may have taken during the
previous twelve months & whether such sickness or any matter relating to it
may in your proper opinion be likely to reoccur;
(c) that all
information you provide to us shall be full & accurate in all material
respects & you acknowledge that we are entitled to & shall rely upon
such information;
(d) to our use
of all information & documents we obtain, either from you or from any other
party relating to you, for the purpose of locating work for you, including the
provision of such information & documentation to a Client, & relevant
use by the Client, but you may withdraw your consent by notice in writing to us
at any time & thereafter we shall only provide such information &
documents where required by law;
(e) that clause
4(d) shall apply to information received by us both before & after
commencement of any engagement we arrange;
(f) if we
request references, to provide us with details of suitable referees that are
not Relatives – please see definition;
(g) at all
times to act in good faith towards us, & advise us if you wish your
registration on our database to be removed;
(h) that if we
should provide you with information containing details of a Client you will
inform us promptly if, within 12 months of the provision of that information,
you become employed by or engaged to provide services to, either directly or
indirectly, such Client, or any person connected with the Client, together with
details of the employment or engagement (although there is no obligation to
disclose the identity of the Client).
General
5 It
is further agreed that:
(a) whilst we
shall at all times act in good faith, we may remove your registration from our database
at any time & we have no obligation to provide you with any information or
service other than specifically as set out in this agreement or required by
law;
(b) we do not
guarantee that any work will be found & we do not accept any liability if
we do not locate any such work for you, nor do we guarantee that any work found
will be suitable for you;
(c) you
recognise that a Client may withdraw an opportunity at any time before you have
formally agreed to become engaged by such Client, &, whilst we shall
endeavour to obtain accurate information from a Client, whether as to a role or
the nature of the work or otherwise, we accept no liability for information we
have passed to you in good faith & cannot guarantee the accuracy of such
information;
(d) you consent
to our retention & use of all records & information from you to enable
us to comply with our statutory obligations;
(e) we shall not
be liable for any loss or damages if work found for you is not suitable, for
any action tort or breach of contract by a Client, for any failure by us to
provide any information or service, save to the extent strictly required by law
or arising out of any representation made by a Client or us to you derived from
inaccurate or incomplete information provided by a Client to us;
(f) without
prejudice to clause 5(e) our liability in any event, save for monies due for
work done, shall be limited to direct loss only & shall not exceed
£50,000 save where a limit is precluded by law;
(g) no
provision in this agreement is intended to, nor shall it, affect or prejudice
any right you may have under any law relating to discrimination;
(h) the
provisions of this agreement are reasonable;
(i) each
portion of this agreement, defined by punctuation, & paragraphs, is
separate, distinct & severable & to give meaning to the intention of
you & us the Court may modify any portion of this agreement that may
otherwise be void; subject thereto a void portion may be severed, & the
remaining provisions, including any modified hereunder, shall continue in
force;
(j) clauses
intended to have effect following termination shall survive termination;
(k) this
agreement will continue until terminated on one week’s written notice by one
party to the other;
(l) this
agreement is the sole agreement between you & us, supersedes any previous
agreement relating to our services, & may not be varied save by agreement
of both you & us (whether orally or otherwise) & confirmed in writing
by us & signed by our authorised officer;
(m) the Laws of
England Wales govern this agreement & the English Courts have sole
jurisdiction.
Definitions
& meanings
Client:
a
client of ours, including any third party with whom we have a relationship of
any kind as a client, or potential client, who may be interested in
employing you, or does employ you, or who may wish to utilise your services in
any way
Relative: someone
related to you, being your spouse (including by definition a civil
partner) or former spouse, or being your (a) father, mother, stepfather,
stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather,
grandson or granddaughter, (b) brother, sister, uncle, aunt, niece, nephew or
first cousin, (c) any such whether of the full blood or of the half blood or by
marriage or civil partnership.