EMPLOYMENT AGENCY CLIENT TERMS AND CONDITIONS
These Terms and Conditions shall apply to the provision of Services by the Agency to the Client, specifically that of candidate introduction.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agency” means WorkinSpain a business located in Spain whose registered office is at Monteclaro 1, La Manga Club, Murcia 30389 Spain;
“Candidate” means any person introduced by the Agency to the Client for 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 whether part or full time, with or without a contract;
“Fixed Fee” means the one-off payment of a fee in full and final settlement of the individual introduction carried out for any single employment role.
“Introduction” an introduction will be deemed to have taken place where the Agency has provided a Client with any information concerning a Candidate, or where a Client interviews a Candidate following an instruction from a Client to locate a Candidate;
“Introduction Fee” means the fee payable by the Client to the Agency in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate;
“Services” means the employment agency services provided by the Agency to the Client as set out in these Terms and Conditions.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, includes a reference to any communication effected by electronic transmission or similar means;
1.2.2 “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;
1.2.3 a Schedule is a schedule to these Terms and Conditions; and
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.3 Words imparting the singular number shall include the plural and vice versa.
2. The Contract
2.1 Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other terms and conditions these Terms and Conditions shall prevail unless agreed otherwise in writing.
2.2 No modification or change to these Terms and Conditions will be valid unless the details of any such changes are in writing.
2.3 The Introduction of a Candidate or Engagement of a Candidate, or the commencement of work or provision of services by a Candidate for the Client shall be deemed acceptance of these Terms and by the Client.
2.4 These Terms and Conditions contain the entire agreement between the Agency and the Client and supersede all previous terms of business, agreement and arrangements.
3. Vacancies and Advertisements
3.1 The Agency shall have the right to decline, cancel or otherwise remove any vacancy advertisement provided by the Client to the Agency at any time, for
any reason and without giving prior notice to the Client.
3.2 If any vacancy advertisement appears to demonstrate that the Client intends to discriminate on the grounds of age disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation, it will be declined unless the vacancy is exempted from such.
3.3 Vacancy advertisements shall remain open to prospective Candidates for a period of 6 months or otherwise as agreed between the Agency and the Client.
4. The Agency’s Obligations
4.1 The Agency shall endeavour to find suitable and willing Candidates to fill such vacancies as are notified to the Agency by the Client or to notify the Client if the Agency believes it is unable to assist with the Client’s requirements.
4.2 The Agency shall endeavour to ensure that all Candidates introduced to the Client have the experience and qualifications which are required by the Client,
by law, for the position(s) that the Client wishes to fill, and shall also endeavour to verify the identity of Candidates prior to introducing them to the Client.
4.3 The Agency shall endeavour to take all reasonable steps to ensure that Clients and Candidates are aware of any requirements imposed by law or any professional body on the vacancy / vacancies that the Client seeks to fill.
4.4 The Agency shall endeavour to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate to work in the position which the Client seeks to fill.
4.5 The Agency cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.
4.6 Within the first 2 weeks of employment, should the Candidate not be suitable for the role and this lack of suitability should be due to the actions of the Agency for whatever reason, the Agency from time-to-time may agree to find an alternative Candidate for the Client at the discounted rate of 50% and at a discretionary basis on the part of the Agency.
5. The Client’s Obligations
5.1 The Client shall provide to the Agency all information which is reasonably required for the Agency to provide the Services prior to the Agency conducting
any type of search or providing any Candidate information. The Client shall use its best endeavours to ensure that such information is complete, accurate and up-to-date.
5.2 The Client must provide the Agency with details of the vacancies that the Client wishes to fill, which must include the type of work required, the date of commencement, the duration, the hours, rates of pay and location as well as the training, qualifications and other authorisations required by law, the Client and any professional body for the position(s).
5.3 The Client warrants that it shall immediately inform the Agency if the Client believes that it is aware of the identity of the Candidate other than via information supplied by the Agency. The Client agrees that it will be deemed not to have been aware of the identity of the Candidate prior to the Agency’s provision of the information relating to the Candidate’s identity if the Client fails to provide such a notice in writing within 24 hours.
5.4 The Client acknowledges that the Agency is under no obligation to provide the Services until all required information has been provided by the Client in accordance with sub-Clause 5.1.
5.5 The Client shall inform the Agency immediately in the event that any relevant information changes following the submission of that information to the Agency.
5.6 Subject to the provisions of sub-Clauses 4.3 and 4.8, the Agency shall not verify or otherwise check any Candidate details, howsoever they may be provided to the Client.
5.7 It shall be the sole responsibility of the Client to ensure that Candidates are suitable for the relevant vacancies and to obtain any references required.
5.8 It shall be the sole responsibility of the Client to obtain any required permits (including, but not limited to, work permits).
5.9 It shall be the sole responsibility of the Client to arrange for any required medical examinations or investigations.
5.10 The Client must notify the Agency immediately of any offer of an Engagement that it makes to a Candidate.
5.11 The Client must notify the Agency immediately of the acceptance by a Candidate of any offer of Engagement that is made to that Candidate.
5.12 Notwithstanding sub-Clauses 4.3 and 4.8 above the Client must satisfy itself as to the suitability of a Candidate for any vacancy, and the Client must be responsible for taking up references and checking the validity of qualifications.
5.13 The Client is responsible for payment of remuneration to the Candidate.
6. Fees and Payment
6.1 Upon the placement of any Candidate by WorkinSpain into a specific role, the Client becomes liable within 14 days to make payment of the one-off Introduction Fee to the Agency. The Introductory Fee Structure is found in Schedule A of to these Terms and Conditions.
6.2 In some cases, the Agency will request from the Client, an upfront retainer fee in order to properly serve the client. Where required this will amount to 25% of the Introduction Fee and which will be deducted from the full amount of any invoice issued by the Agency.
6.3 The Client will not be liable for any Introduction Fee until a Candidate commences an engagement when the Agency will render an invoice to the Client.
6.4 The Client must pay the Agency’s Introduction Fees within 14 days of receiving the invoice.
6.5 The Agency reserves the right to charge interest at the rate of 5% per annum on any invoiced Introduction Fees that remain unpaid by the Client from the due date to the date of payment.
6.6 Where a Client has made an offer of Engagement to a Candidate but withdraws it before the Candidate commences the Engagement the Client must pay the Agency the amount contained in the Introductory Fee Structure in Schedule A to this Terms and Conditions.
7. Confidentiality
7.1 Each Party undertakes that, except as provided by sub-Clause 7.2 or as authorised in writing by the other Party, it shall, at all times:
7.1.1 keep confidential all Confidential Information;
7.1.2 not disclose any Confidential Information to any other party;
7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions; and
7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information.
7.2 Either Party may:
7.2.1 disclose any Confidential Information to:
7.2.1.1 any sub-contractor or supplier of that Party;
7.2.1.2 any governmental or other authority or regulatory body; or
7.2.1.3 any employee or officer of that Party or of any of the aforementioned persons; 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 7.2.2 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.
7.3 The provisions of this Clause 7 shall continue in force in accordance with their terms, notwithstanding the termination of these Terms and Conditions for any reason.
8. Data Protection
8.1 In this Clause 8: “Data Protection Legislation” means all applicable legislation in force from time to time applicable to data protection and privacy.
8.2 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.
9. Liability
With the exception of death or personal injury or fraud, 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 or any consequential damages suffered or incurred by the Client,
howsoever caused or arising, 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Law and Jurisdiction
15.1 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 Spain.
15.2 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 jurisdiction of the courts of the jurisdiction of where the Client has its principal place of business.
Finding the right candidate for a position in your establishment can be a long and tricky process, requiring you to scan through many CV’s, carry out research on multiple candidates, interview multiple candidates, and make some tough decisions. Why not let WorkInSpain take care of all this quickly and efficiently?
