Terms and Conditions for Candidates
Our Terms & Conditions – Educated Households
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Our Terms & Conditions – Educated Households
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES
Our Terms & Conditions for Candidates – Please, read our Terms and Conditions carefully before using our Services.
The Applicant/The Candidate agrees and understands that these Terms and Conditions are a legally binding contract between:
Educated Households, a company incorporated in England and Wales whose registered office is at 65 – 69 Lots Road, Chelsea, London, SW10 0RN, United Kingdom (“we”, “our” “us”, the “Agency”).
And
The Applicant/The Candidate or any person, who approaches the Agency to find work or otherwise uses the Services, (“you”, “your”).
Under the Agency’s Terms and Conditions, the Applicant/The Candidate agrees that if he/she were to be hired further to being introduced to a Client, this Applicant shall solely be employed by the Client and not employed by the Agency.
The final decision to employ an Applicant lies with the Client, in accordance with all employment laws, tax and fiscal legislation, applicable in the countries where the employment is held.
By visiting or using Our Website or otherwise using the Services, you agree to be bound by them.
It is now agreed as follows:
1. Definitions
In this Agreement, the following words shall have the following meanings, unless the context requires otherwise:
“Intellectual Property”
Means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including property of kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, compilations, creations and inventions, together with all rights which are derived from those rights.
“Recruiter/Client”
Means a person who offers a job vacancy on Our Website or through other medium.
“Services”
Means the introduction service whereby we introduce you to one or more Recruiters. It includes all of other services available from Our Website whether free or charged.
“Our Website”
Means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by the Agency.
1. Interpretation
In this Agreement, unless the context clearly requires otherwise:
1.1 A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
1.2 A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
1.3 If any party to this Agreement comprises more than one person, all obligations of that party shall be construed as joint and several.
1.4 A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
1.5 Any Agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
1.6 A reference to an act or regulation includes new law of substantially the same intent as the Act or regulation referred to.
1.7 This Agreement is made only in the English language. If there is any conflict in meaning between the English language version of this Agreement and any version or translation of this Agreement in any other language, the English language version shall prevail.
2. Relationship of Parties
2.1 Nothing in this Agreement shall create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided for in this Agreement.
2.2 Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf, except the services the Terms of which are agreed in this Agreement.
3. Entire Agreement
3.1 These Terms contain the entire Agreement between the parties and supersede all previous Agreements and understandings between us.
3.2 In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.3 As an exception, we have relied on certain documents and information you have provided to us. If we discover that any of that information is inaccurate, you will be in breach of this contract and we may terminate it immediately.
4. Basis of Contract
4.1 Subject to these Terms and Conditions, we agree to provide to you some or all of the Services described on Our Website.
4.2 The Agency is an employment agency: an intermediary which introduces Applicants/Candidates to prospective Clients and vice versa. The Agency has no part, contractual or otherwise, in any arrangement between you and the Client.
4.3 Some of our Services are now or may in future, be available to you only subject to additional Terms. Those Terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant Terms will become part of this Agreement. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
4.5 So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the Terms set out in this Agreement.
4.6 The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want.
4.7 We may change this Agreement and / or the way we provide the Services, at any time. If we do:
4.7.1 The change will take effect when we post it on Our Website.
4.7.2 You agree to be bound by any changes.
4.8 You agree not to enter into any relationship with the Client that may be detrimental to the interest of the Agency during this Agreement or within one year from the date of your Employment.
5. Registration Terms
6. Obligations of the Agency
6.1 The Agency agrees to make every reasonable effort, within an appropriate timescale, to introduce you to suitable Clients who closely meet your requirements. Yet, Educated Households is under no obligation and cannot warrant to find you suitable Employment with the Client.
6.2 In the course of finding and introducing suitable Clients, the Agency will, so far as possible and relevant:
6.2.1 Not discriminate against you on the basis of information relating to your racial or ethnic origin, philosophical or religious beliefs, membership of a trade union; sexual orientation or gender.
6.2.2 Will make sure that the Clients:
6.2.2.1 Hold and will maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to you.
6.2.2.2 Will provide a safe place of work wherever you may need to work.
6.2.2.3 Will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws.
6.2.2.4 Has made arrangements with relevant third parties, statutory authorities and any other relevant authority, for permissions, licences and the like, for the work to be undertaken by you.
6.3 The Applicant will not be charged a fee by Educated Households in order to supply the Agency’s Services to the Applicant.
7. The Responsibilities of the Applicant/The Candidate
7.1 You understand and agree that:
7.1.1 The Agency acts as an Introduction Agency placing suitable Applicants with a Client whereby the Client pays a Placement Fee for a position that the Client seeks to fill. In this instance, should the Client hire the Applicant/the Candidate, the Client shall become the Applicant’s Employer, not the Agency.
7.1.2 The Agency is under no obligation to present the Candidate’s application to its Clients as a way of Introduction.
7.1.3 The Agency cannot warrant that the Applicant will be interviewed by the Client and that the Applicant shall receive an offer of Employment by the Client.
7.1.4 Interviews can be carried out in person, on the phone, over Skype, Zoom, Teams, WhatsApp, FaceTime, Signal or via any other digital platorm that may be suitable to the Agency, the Client and the Applicant.
7.1.5 It is agreed that both the Applicant and the Client shall immediately inform the Agency in writing, within 3 days, should there be any interviewing or contact between the Client and the Candidate.
7.1.6 As an advisory party, the Agency can provide advice to the Applicant. Yet, should the Applicant accept a job offer from the Client, it is the responsibility of the Applicant to ensure that the Applicant receives a contract of employment prior to starting an Engagement with the Client or prior to travelling overseas if the position is based abroad. In any case, under these Terms and Conditions, it is solely the responsibility of the Applicant to satisfy himself/herself with the conditions set forth onto the contract of employment legally binding the Client and the Candidate. The Agency shall not be liable for the Applicant making any decision when it comes to accepting or turning down a job offer or a Client’s contract of employment, regarding the salary offered, the type of accommodation offered, the accommodation standards, the place or work, the country of work and any other work-related considerations.
7.1.7 The Applicant shall remain professional with the Client at all times and the Applicant shall be respectful of the host country. The Applicant is into agreement not bring the Agency into disrepute in any shape or form.
7.1.8 Any local laws shall be adhered to by the Applicant. Failure to do so may expose the Applicant to damages and being sued, should the Applicant be found in breach of any local laws.
7.1.9 A job offer from the Client may be conditional upon the Client obtaining satisfactory references and background checks regarding the Applicant.
7.1.10 Should the Hirer consider the Applicant for an Engagement, then the Hirer shall provide the Applicant with a contract of employment legally binding the Client and the Applicant during the whole term of the Engagement.
7.1.11 You alone, the Applicants, are responsible for all of the information you submit to us and for maintaining it up to date.
7.1.12 Applicants who have been barred from working with children and vulnerable adults must notify the Agency.
7.1.13 The information you submit for a CV must be accurate, true and complete. It must not include information which might enable a user/a Client to contact you directly, such as a telephone number, email address or street address. Besides, the information the Applicant submits for a covering letter, a Registration Form and any other documents produced by the Applicant and submitted to the Agency must be accurate, true and complete.
7.1.14 It is requested from the Applicant to provide the Agency with his/her full work history together with contactable references. Prior approval for disclosing the details of Applicant’s referees shall have to be sought by the Applicant beforehand.
7.1.15 By way of Introduction, the Applicant’s details shall not be disclosed by the Agency to any Client nor to any third party without the Applicant’s written autorisation.
7.1.16 We will only introduce you to the Client. We do not guarantee any recruitment or other kind of Engagement by the Client which will depend upon the absolute discretion of the Client as per the procedure set out by the Client. If selected, you will be under the supervision, direction and control of the Client without any liability upon the Agency.
7.1.17 You will fully co-operate and complete the recruitment process under the instruction of the Client and notify the Agency immediately when any Engagement is accepted with the Client.
7.1.18 You will not discuss the terms of this Agreement and any information supplied by the Agency with any third party to the prejudice of the Agency’s business interest.
7.1.19 You are aware of the legal or professional requirements that must be satisfied before the work in question is carried out and if selected or Engaged by the Client, you will comply with:
7.1.19.1 All laws and regulations relating to work.
7.1.19.2 The specific instructions and policies of the Client.
7.2 The Applicant must treat the Client’s family affairs and business affairs in the strictest confidence. An Applicant in breach of the Client’s confidentialty may be subject to legal action.
7.3 All Introductions are strictly confidential. If the Client or any third party, other than the Agency, directly solicits and approaches the Applicant to offer the Applicant an Engagement without informing the Agency, the Applicant shall notify the Agency forthwith.
7.4 Provided that an Introduction got made by the Agency to the Client, as from the date of that Introduction therein and within 2 years (24 months), in the event that the Client directly or any third party directly contacts and approaches the Applicant, to offer the Applicant an Engagement, the Applicant shall be liable to diligently inform the Agency within 14 days.
7.5 If you deal with a Client in a way which assists the Client to avoid liability for payment to us, thereby bypassing the Agency’s Placement Fee, you agree to be responsible for making that payment to us and indemnify us.
8. Intellectual Property
8.1 You agree that at all times you will:
8.1.1 Not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
8.1.2 Notify us of any suspected infringement of the Intellectual Property.
8.1.3 So far as it concerns, software provided or made accessible by us to you, you will not:
8.1.3.1 Use it in any way not anticipated by this Agreement.
8.1.3.2 Give access to it to any other person than you, the licensee in this Agreement.
8.1.4 Not use the Intellectual Property except directly in our interest.
9. Termination
9.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the Agreement either by sending notice to us by post or email. We reserve the right to check the validity of any request to terminate.
9.2 We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, if we decide in our absolute discretion that you have failed to comply with any of the terms of this Agreement.
9.3 Termination by either party shall have the following effects:
9.3.1 Your right to use the Services immediately ceases.
9.3.2 We are under no obligation to forward any unread or unsent messages to you or any third party.
10. Disclaimers and Limitation of Liability
10.1 This paragraph applies so far as the applicable law allows and states the entire liability of the Agency in contract and in tort.
10.2 All implied conditions, warranties and terms are excluded from this Agreement so far as the law allows.
10.3 In providing the Services, the Agency is committed to maintain a high level of service and efficiency. However, the Service is dependent upon the accuracy of information provided by you and the Client. That is beyond the control of the Agency.
10.4 The decision to engage you is in the sole discretion of the Client. The Agency does not accept responsibility and is not liable for any loss.
10.5 Particulars of Clients, their job descriptions, their job specifications and other information provided by the Agency are prepared in good faith and solely for your guidance.
10.6 We make no representation or warranty that the Services will be:
10.6.1 Useful to you.
10.6.2 Of satisfactory quality.
10.6.3 Fit for a particular purpose.
10.6.4 Available or accessible, without interruption, or without error.
10.7 The Agency shall not be liable to you for any loss or expense which is:
10.7.1 Indirect or consequential loss; or
10.7.2 Economic loss or other loss of turnover, profits, business or good will; or
10.7.3 The Agency shall not be held liable if the Client withdraws the job offer that he/she had made to the Applicant that had been introduced to the Client by the Agency; or
10.7.4 The Agency shall not be held liable if the Applicant incurs any loss of wages or loss of income, further to the Applicant’s resignation from his/her current or past Employment to accept a job offer from the Agency’s Client, should this new Engagement take place, be delayed or fall through; or
10.7.5 Loss or damage caused during your Employment or any act, omission or negligence of such Client. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
10.8 Except in the case of fraud, or the death or personal injury of some person, the maximum limit of the liability of the Agency, whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of £ 1,000.
10.9 This paragraph (and any other paragraph which excludes or restricts the liability of the Agency) applies to the Agency’s directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to Agency itself.
11. Dispute Resolution
11.1 The following Terms apply in the event of a dispute between the parties:
11.1.1 If you are not happy with our Services or have any complaint then you must tell us by email message to info@educated-households.co.uk
11.1.2 Detailed information about Educated Households’ complaint handling procedure can be found here: “Data Protection 2018 / Schedule 2″. Please, click here to view our Privacy Policy.
11.1.3 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
12. Miscellaneous Matters
12.1 You undertake to provide to us your current land address, e-mail address, telephone number as often as it is changed together with all information that we may require to enable us to fulfil our obligations under this contract.
12.2 Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is on Educated Households’ website that you can find here: “Privacy Policy“.
12.3 If any term or provision of this Agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
12.4 If you are in breach of any term of this Agreement, we may:
12.4.1 Terminate your account and refuse access to Our Website.
12.4.2 Remove or edit content, or cancel any order at our discretion.
12.4.3 Issue a claim in any court.
12.5 Any obligation in this Agreement intended to continue to have effect after termination or completion shall so continue.
12.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
12.7 Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first-class post or recorded delivery or by e-mail.
12.8 This Agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this Agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
12.9 The validity, construction and performance of this Agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in these jurisdictions.