TERMS & CONDITIONS FOR CANDIDATES (JOB-SEEKERS)
Last updated: 16 February 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account“ means a unique account created for You to access our Service or parts of our Service.
- “Candidate” means any person introduced by the Company to the Client for an Engagement.
- “Client” means any person, firm or company including any associates or subsidiaries to whom a Candidate is introduced.
- “Company“ (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to WorkinSpain a business located in Spain whose registered office is at Monteclaro 1, La Manga Club, Murcia 30389 Spain
- “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.
- “Content“ refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Country“ refers to: Spain.
- “Database“ means the database of candidates suitable to your specific requirements.
- “Device“ means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
- “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 Company 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 Company in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate.
- “Service“ means the employment Company services provided by the Company to the Client as set out in these Terms and Conditions.
- “Subscriptions“ refer to the services or access to the Service offered on a subscription basis by the Company to You.
- “Terms and Conditions“ (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service“ means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website“ refers to WorkinSpain, accessible from https://www.workinspain.es
- “You“ means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1. The Contract
- 1.1 Any and all business entered into by the Company is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by Company.
- 1.2 The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon their submission of any information or data to the Company.
- 1.3 Accordingly, a contract on these Terms and Conditions shall be deemed to come into existence between the Company and the Candidate, following receipt of these Terms and Conditions by the Candidate, upon submission by the Candidate to the Company of any information or data.
- 1.4 The Company may update these Terms and Conditions from time to time for legal or regulatory reasons. The Company shall make reasonable efforts to notify Clients and the Candidate of the occurrence and the details of any such changes.
- 1.5 These Terms and Conditions supersede all previous terms of business.
2. The Services
- 2.1 The Candidate shall have the facility to browse vacancy advertisements and apply for any vacancies that it so chooses.
- 2.2 The Company shall provide its services to the Candidate as an employment agency and at no cost to the Candidate, subject to any agreement made between the Candidate and the Company.
- 2.3 The Company shall inform the Candidate of any and all vacancies for which the Candidate is suitable, and which meet the Candidate’s requirements.
- 2.4 Whilst the Company shall use its reasonable endeavours to inform the Candidate of vacancies that meet the Candidate’s requirements, it does not undertake or guarantee that any such vacancies will be available or that it shall inform the Candidate of all or any suitable vacancies.
- 2.5 Whilst the Company requires its Clients to ensure that all information that the Client provides is complete, accurate and up-to-date, the Company does not undertake or guarantee that the vacancy advertisements and other information made available to the Candidate will be complete, accurate or up-to-date.
- 2.6 If the Company finds a vacancy that the Candidate wishes to accept, the Candidate must carefully check the employment contract and any offer letter they receive from the Client. The Candidate acknowledges and agrees that the terms and conditions contained in those documents will constitute their terms of employment, that those documents take precedence over other communications regarding their offer of employment, and that it is the Candidate’s sole responsibility to raise any queries or discrepancies with the Client before accepting any employment contract / offer letter.
3. Vacancy Notifications
- 3.1 If the Candidate has chosen to receive email updates of vacancies that are relevant to them from the Company, the provisions of this Clause 4 shall apply.
- 3.2 The Company shall send emails to the Candidate from time to time and they shall contain information of vacancies submitted to the Company within the previous month which match the Candidate’s criteria.
- 3.3 The Company shall be under no obligation to send such emails and it does not give any guarantee regarding the number of vacancies featured in each email.
4. Candidate Information
- 4.1 In order to use the Services, the Candidate must provide details and information which shall include, but not be limited to:
- 4.1.1 their identity;
- 4.1.2 contact information;
- 4.1.3 date of birth if under the age of 22;
- 4.1.4 qualifications (including, but not limited to, any required by law or any relevant professional body);
- 4.1.5 any necessary authorisations and permits;
- 4.1.6 training, experience and employment history;
- 4.1.7 references;
- 4.1.8 the Candidate’s confirmation that they are legally entitled to work in the location and vacant position to be filled, and, where required by the Company, evidence of all the foregoing matters.
- 4.2 The Company requires such details in order to match the Candidate with the appropriate Clients and vacancies.
- 4.3 The Candidate must ensure that all information submitted to the Company is, to the best of their knowledge, true, accurate, complete, and up-to-date.
- 4.4 Where the information submitted to the Company by the Candidate becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Company as soon as is reasonably possible.
- 4.5 Where any of the information submitted to the Company by the Candidate contains details which could be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Company prior to the Candidate submitting the information to the Company.
- 5.1 When applying for a vacancy, the Candidate must ensure that they:
- 5.1.1 understand the complete details of the vacancy;
- 5.1.2 understand the requirements of the vacancy;
- 5.1.3 meet the requirements of the vacancy;
- 5.1.4 possess any requisite qualifications required by the vacancy; and
- 5.1.5 have obtained or applied for any relevant permits or authorisations.
- 5.2 When completing forms or any other application documents, the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.
- 5.3 The Company shall forward the Candidate’s details and information to a Client for the purpose of the relevant vacancy only and shall only do so with the Candidate’s express permission.
- 5.4 The Company may in its discretion decide not to forward any application by the Candidate to any Client if the Company considers the application not to conform to the requirements of these Terms and Conditions.
6. How We Use Your Personal Data (Data Protection)
- 6.1 All personal data that the Company may use will be collected, processed, and held in accordance with the provisions of Data Protection Legislation and the Candidate’s rights thereunder. “Data Protection Legislation” means all applicable legislation in force from time to time in Spain applicable to data protection.
- 6.2 For complete details of the Company’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 Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice available from its website.
7. Subscription Service
- 7.1 As part of the services that are offered by WorkinSpain, Employers are offered a Subscription Service. This is time limited access to a range of Candidates that are suitable for the position that they offer depending on the specific requirements.
- 7.2 When registering as a Candidate with WorkinSpain, you agree that any relevant Employer may access and view your CV and relevant contact information and where successful, may contact you directly to discuss the role and arrange an interview.
- 7.3 If at any time you decide that you would prefer not to be contacted by third party employers, please opt-out of this service by sending an email to firstname.lastname@example.org who will remove you with immediate effect.
- 8.1 The Company shall not be liable to the Candidate for any of the following:
- 8.1.1 The loss of any information, data, CVs or other materials submitted by the Candidate;
- 8.1.2 Any errors or inaccuracies present in the information presented to the Candidate including, but not limited to, vacancy advertisements;
- 8.1.3 The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Company, its employees or agents, or any other cause;
- 8.1.4 Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
- 8.1.5 Any loss or damage of any kind, howsoever caused arising out of any material submitted to the Company by the Candidate.
- 8.2 If the Company is in breach of these Terms and Conditions, it shall only be responsible for any losses to the extent that they are foreseeable to both the Candidate and the Company as a consequence of such breach.
- 8.3 Notwithstanding, sub-Clause 8.2, the Company shall not in any event be liable for any business losses such as lost data, lost profits or business interruption.
- 8.4 Nothing in these Terms and Conditions shall exclude or otherwise restrict the Company’s liability either for death or personal injury arising out of its own negligence or for fraud.
- 9.1 The Candidate shall indemnify the Company against any costs, liability, damages, loss, claims or proceedings incurred or sustained by the Company which arise out of the Candidate’s use of the Services (including results achieved or unachieved), the Company’s submission to any Client of any incorrect or incomplete information provided to the Company by the Candidate (whether or not that information is required by these Terms and Conditions), or the Company’s submission to any Client of any application made by the Candidate for a vacancy where that application contains any incorrect or incomplete information provided to the Company by the Candidate, or any breach of any of these Terms and Conditions by the Candidate.
10. Force Majeure
- 10.1 Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing any of their obligations thereunder where such failure or delay results from any event, cause or circumstance that is beyond the reasonable control of that Party. Such event, cause or circumstance includes, but is not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic, pandemic or other natural physical disaster, 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.
- 11.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Company or by the Candidate.
- 11.2 Notices shall be deemed to have been duly given:
- 11.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
- 11.2.2 when sent, if transmitted by e-mail and a successful return receipt is generated.
- 11.3 All notices shall be addressed to the most recent address or e-mail address notified to the other Party.
12. Relationship of Parties
- 12.1 Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent (other than the Company necessarily arising by law by virtue of the Company acting as an employment Company), or of employer and employee between the Company and the Candidate.
13. Third Parties
- 13.1 Nothing in these Terms and Conditions shall confer any benefit on or be enforceable by any party that is not a party to these Terms and Conditions.
- 14.1 In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15. Modification and Entire Agreement
- 15.1 The Company may modify these Terms and Conditions at any time. In the event that it makes any modifications, it shall forthwith publish details of them on the Company´s website. It shall also send an email to the Candidate detailing the modifications.
- 15.2 If the Candidate does not agree to be bound by any modified terms and conditions the Company introduces, the Candidate must immediately cease using the Services upon publication of those modified terms and conditions.
- 15.3 These Terms and Conditions as modified in accordance with this Clause 15 shall represent the entire agreement between the Candidate and the Company, and it supersedes all previous agreements, terms, conditions, representations or claims which may have been made or agreed upon between them.
16. Law and Jurisdiction
- 16.1 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.
- 16.2 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 Cartagena, Spain.
If you have any questions about these Terms and Conditions, you can contact us:
- By email: email@example.com