Terms And Conditions for Referral Programs

EMPLOYMENT AGENCY CLIENT TERMS AND CONDITIONS

These Terms and Conditions shall apply to the provision of Services by the Agency to the Client.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Agency”

Means Culture Hire a company registered in United Kingdom under number 14887739 whose registered office is at 71-75 Shelton Street, Covent Gardens, London, WC2H 9JQ

“Candidate”

means any person who is the subject of an Introduction by the Agency to the Client for the purpose of a possible an Engagement;

“Client”

means any person, firm or company including any associates or subsidiaries to whom a Candidate is introduced;

“Confidential Information”

means any information concerning either Party and relating to its business methods, plans, systems, finances or projects; its trade secrets; its products or services; or any other information which is expressly described as confidential;

“Engagement”

means any employment, engagement or use by a Client of a Candidate, directly or indirectly, part or full time, on a permanent or temporary basis, with or without a contract, as a result of an Introduction;

“Introduction”

an introduction of a Candidate to a Client by the Agency will be deemed to have taken place where the Agency has provided a Client directly or indirectly with any information concerning a Candidate which identifies the Candidate or where a Client interviews a Candidate, following an instruction from a Client to search for or identify a Candidate;

“Introduction Fee”

means the fee payable by the Client to the Agency (or where the context requires, an additional fee) in accordance with these Terms and Conditions in consideration of the Services being provided where there is an Introduction of a Candidate to a Client resulting in the Engagement of that Candidate Within 6 Months of that Introduction.

“Remuneration”

means any salary, fees, bonuses, commission, allowances, or any other financial benefit payable to, or received by a Candidate for services to a Client; and

“Services”

means the employment agency services provided by the Agency to the Client as set out in these Terms and Conditions.
  1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
    1. “writing”, and any similar expression, includes a reference to any communication effected by electronic transmission or similar means;
    2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    3. “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
    4. a Schedule is a schedule to these Terms and Conditions;
    5. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
    6. a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

to such extent only as is necessary for the purposes contemplated by these Terms and Conditions, or as required by law, and in each case subject to that Party first informing the person in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 7.2.1.2 above or any authorised employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

  1. use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is, or has become, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.

“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended; and

“personal data” means personal data as defined in the UK GDPR.

  1. All personal data that either Agency or the Client (“First Party”) may use will be collected, processed, and held by that First Party in accordance with the provisions of Data Protection Legislation and the rights under the Data Protection Legislation of the other party being, as the case may be, either the Agency or the Client (“Other Party”) and the rights under the Data Protection Legislation of any third party.
  2. For complete details of the First Party’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Other Party’s and any third party’s rights and how to exercise them, and personal data sharing (where applicable), the Other Party should refer to the Privacy Notice of the First Party. The respective Privacy Notices of each Party are attached in [the Schedule][Schedule 1] to these Terms and Conditions.
  3. [All personal data to be shared by the First Party with the Other Party under this Agreement shall be shared in accordance with the terms of the Data Sharing Agreement entered into by the Parties pursuant to this Agreement.]
  4. [1][All personal data to be processed by the First Party on behalf of the Other Party under this Agreement shall be processed in accordance with the terms of the Data Processing Agreement entered into by the Parties pursuant to this Agreement.]

With the exception of death or personal injury due to negligence or fraud by the Agency, the Agency shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits, loss of business, loss of revenue, loss of anticipated savings, or any consequential damages suffered or incurred by the Client, howsoever caused or arising, whether due to breach of contract, tort (including negligence and breach of statutory duty), as a result of the Introduction of a Candidate to the Client by the Agency, the Engagement of a Client Introduced by the Agency, the failure of the Agency to Introduce any Candidate to the Client, or otherwise arising out of or in connection with the Services or any agreement for the Services between the Agency and the Client.

  1. Indemnity

The Client shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings incurred directly or indirectly by the Agency which may arise out of the Client’s use of the Services or out of any breach by the Client of any of these Terms and Conditions.

  1. Force Majeure

Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other similar or dissimilar event that is beyond the control of the Party in question.

  1. Relationship

Nothing in these Terms and Conditions shall create a partnership or agency or the relationship of employer and employee, or other relationship between the Agency and the Client.

  1. Severance

In the event that any part(s) of these Terms and Conditions or part thereof is declared to be invalid, unlawful, void or unenforceable then such terms or parts shall be severed and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent of the law.

  1. Third Parties

No provision of these Terms and Conditions shall confer any benefit on or be enforceable by any person who is not a party to these Terms and Conditions under the Contract (Rights of Third Parties) Act 1999.

  1. Waiver

No failure or delay by either Party in exercising any right or remedy available to it will constitute a waiver of that or any other right or remedy. No waiver or amendment of any clause will be effective unless confirmed in writing to the other Party.

  1. Law and Jurisdiction
    1. These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
    2. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the [exclusive] jurisdiction of the courts of England and Wales.

Signed for and on behalf of the Client.



Print Name:

I can confirm I am authorised to sign these terms and conditions on behalf of the Client.

Date:

SCHEDULE [1]

Each Party’s Privacy Notice

https://www.culturehire.com/pr...


[1] See the notes about Clause 8 in the information page for this document.

  • The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
  • Words communicating the singular number shall include the plural and vice versa.
  • References to any gender shall include any other gender.

    • This career page is powered by the recruitment software Manatal. By applying, you acknowledge and accept our Terms & Conditions.