Terms and Conditions – Employers

Terms and Conditions - Employers

BACKGROUND:

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

In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by Hire STEM Women in writing.

 

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

 

“HSW” means Hire STEM Women a company registered in United Kingdom under number 09890141.
Candidate means any person introduced by Hire STEM Women 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 an Candidate whether part or full time, with or without a contract;
“Introduction” an introduction will be deemed to have taken place where Hire STEM Women 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 Hire STEM Women in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate;
“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 Hire STEM Women to the Client as set out in these Terms and Conditions.

 

  • Unless the context otherwise requires, each reference in these Terms and Conditions to:
    • “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
    • 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;
    • “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;
    • a Schedule is a schedule to these Terms and Conditions; and
    • 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
    • a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
  • 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 imparting the singular number shall include the plural and vice versa.

 

  1. The Contract
    • Any and all business entered into by Hire STEM Women 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 a One of the Directors of Hire STEM Women.
    • No modification or change to these Terms and Conditions will be valid unless the details of any such changes are in writing, signed on behalf of Hire STEM Women and the Client, and state the date on or after which such new terms will apply.
    • 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.
    • The Engagement or interviewing of a Candidate, by or on behalf of the Client, or the commencement of work or provision of services by a Candidate for the Client shall be deemed acceptance of these Terms and Conditions.
    • These Terms and Conditions supersede all previous terms of business.

 

  1. Vacancies and Advertisements
    • Hire STEM Women shall have the right to decline, cancel or otherwise remove any vacancy advertisement provided by the Client to Hire STEM Women at any time, for any reason and without giving prior notice to the Client.
    • If any vacancy advertisement appears to demonstrate that the Client intends to discriminate on the grounds of gender, sexual orientation, race, religion or age, it will be declined unless the vacancy is exempted from the provisions of the Sex Discrimination Act 1975; the Employment Equality (Sexual Orientation) Regulations 2003; the Race Relations Act 1976; the Employment Equality (Religion and Belief) Regulations 2003; or the Employment Equality (Age) Regulations 2006. In the case of any applicable exemptions, the vacancy advertisement must be accompanied by a written statement explaining those exemptions and how they apply to the vacancy.
    • If, in the opinion of Hire STEM Women, any vacancy advertisement indicates any illegal purposes on the part of the Client, Hire STEM Women may, without notice, report the vacancy and the Client to the relevant authorities. Such authorities may include, but are not limited to, the Department for Work and Pensions, ACAS, the Information Commissioner’s Office; and the Recruitment and Employment Confederation.
    • Vacancy advertisements shall remain open and viewable by prospective Candidates for a period agreed between Hire STEM Women and the Client.
    • All vacancy advertisements shall contain details of no more than one single vacancy unless otherwise agreed in writing between Hire STEM Women and the Client.

 

  1. Hire STEM Women’s Obligations
    • Hire STEM Women shall use its best and reasonable endeavours to find suitable and willing Candidates to fill such vacancies as are notified to Hire STEM Women by the Client or to notify the Client if Hire STEM Women believes it is unable to assist with the Client’s requirements.
    • Hire STEM Women shall use its best and reasonable endeavours to ensure that all vacancy advertisements are published on the date agreed with the Client or, where no date is agreed, within a set period of receiving details of the vacancy.
    • Hire STEM Women will endeavour to ensure that all Candidates introduced to the Client have the experience, qualifications, and authorisations which are required by the Client, by law or by any professional body, for the position(s) that the Client wishes to fill.
    • At the same time as proposing a Candidate to the Client Hire STEM Women will inform the Client of such matters as detailed in sub-Clause 4.3 that Hire STEM Women has obtained confirmation of.
    • Hire STEM Women will 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.
    • Hire STEM Women cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.

 

  1. The Client’s Obligations
    • The Client shall provide to Hire STEM Women all information which is reasonably required for Hire STEM Women to provide the Services. The Client shall use its best and reasonable endeavours to ensure that such information is complete, accurate and up-to-date.
    • The Client shall ensure that all information provided to Hire STEM Women does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory.
    • The Client shall ensure that all information provided to Hire STEM Women does not contain any material which infringes the rights of any third parties (including, but not limited to, intellectual property rights).
    • The Client must provide Hire STEM Women 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).
    • The Client must inform Hire STEM Women of any Health and Safety risks or requirements of the vacancies the Client wishes to fill, as well as the action taken by the Client to minimise and control such risks.
    • The Client must not seek to employ any member of Hire STEM Women’s staff, but in the event that any member of staff accepts an Engagement with the Client, the Client must pay an Introduction Fee in accordance with Clause 6.
    • The employer agrees not to attempt to circumvent our site and service independently attempting to communicate and hire the prospective employee through alternative means after discovering the prospective employee or our site or service.
    • If an employer circumvents our site / service after discovering a prospective Seeker through our site or service and subsequently hires that prospective Seeker of the date on which the employer first viewed the prospective Seeker on the site, the employer will pay a fee equal to 30% of the 1st year base salary and HSW may in sole discretion terminate the employers account.
    • The Client acknowledges that Hire STEM Women 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.
    • The Client shall inform Hire STEM Women immediately in the event that any relevant information changes following the submission of that information to Hire STEM Women. Hire STEM Women reserves the right to charge the Client for any work required to make alterations to vacancy advertisements or other relevant information it holds.
    • Subject to the provisions of sub-Clauses 4.3 and 4.7, Hire STEM Women shall not verify or otherwise check any Candidate details, howsoever they may be provided to the Client at an additional cost.
    • 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.
    • It shall be the sole responsibility of the Client to obtain any required permits (including, but not limited to, work permits).
    • It shall be the sole responsibility of the Client to arrange for any required medical examinations or investigations.
    • The Client must notify Hire STEM Women immediately of any offer of an Engagement that it makes to a Candidate.
    • The Client must notify Hire STEM Women immediately of the acceptance of any offer of Engagement that is made to a Candidate and provide details of the Candidate’s remuneration.
    • The Client must notify Hire STEM Women immediately if, following the Engagement of a Candidate, the Candidate’s remuneration increases at any time during the first 12 months of the Engagement, and the introduction fee detailed in clause will be increased accordingly.
    • The Client must within two weeks of offering an Engagement to a Candidate provide Hire STEM Women with a copy of the job offer or contract given to the Candidate.
    • Notwithstanding sub-Clauses 4.3 and 4.7 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.
    • The Client is responsible for payment of remuneration to the Candidate.

 

  1. Fees and Payment
    • Fees are payable by the Client to Hire STEM Women upon the commencement of engagement which shall be calculated as the amount equal to the per hire fee, the annual package fees and job board fees (exc. VAT)
    • The Client will not be liable for any fees until a Candidate commences an engagement when Hire STEM Women will render an invoice to the Client.
    • The Client must pay Hire STEM Women’s fees within 14 days of receiving the invoice.
    • Hire STEM Women reserves the right to charge a late payment fee of 10% if the invoiced fees that remain unpaid by the Client from the due date to the date of payment.

 

  1. Confidentiality
    • 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:
      • keep confidential all Confidential Information;
      • not disclose any Confidential Information to any other party;
      • not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
      • not make any copies of, record in any way or part with possession of any Confidential Information; and
      • ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 above.
    • Either Party may:
      • disclose any Confidential Information to:
        • any sub-contractor or supplier of that Party;
        • any governmental or other authority or regulatory body; or
        • 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

  • 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.
  • 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.
  • The client agrees not to attempt to circumvent our site and service independently attempting to communicate and hire the prospective employee through alternative means after discovering the prospective employee or our site or service.
  • If an employer circumvents our site / service after discovering a prospective Seeker through our site or service and subsequently hires that prospective Seeker within 12 months of the date on which the employer first viewed the prospective Seeker on the site, the employer will pay a success fee equal to 30% of the 1st year base salary and HSW may in sole discretion terminate the employers account.
  • HSW reserves the right at any time to change its fees including to begin charging for services that it is currently providing free of charge, and billing methods, either immediately upon posting on the site or by email delivery to you.

 

 

  1. Data Protection
    • The Client shall be required to comply with the provisions of the Data Protection Act 1998 and any other relevant data protection legislation from time to time in force when processing or otherwise dealing with personal data relating to Candidates. All such information shall remain confidential.
    • The Client shall, as required by the Data Protection Act 1998, notify itself as a data controller to the Information Commissioner’s Office.

 

  1. Liability

With the exception of death or personal injury Hire STEM Women 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 as a result of the Introduction of a Candidate to the Client by Hire STEM Women, the Engagement of a Client Introduced by Hire STEM Women or the failure of Hire STEM Women to Introduce any Candidate to the Client.

 

  1. Indemnity

The Client shall indemnify Hire STEM Women against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services or out of any breach of any part 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 event that is beyond the control of the Party in question.

 

  1. Law and Jurisdiction
    • 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.
    • 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 England and Wales.

 

 

  1. Termination

 

13.1 Notwithstanding and without prejudice Hire STEM Women shall be entitled to terminate this agreement immediately by giving written notice to the Client in any of the following events:

  • if the Client fails to make payment in accordance with this Agreement;
  • if the Client convenes a meeting of its creditors, becomes insolvent, is unable to pay its debts, has an administrative receiver or receiver or administrator appointed over its assets or business or is the subject of a petition presented to put it in into liquidation; or
  • if the Client in the opinion of Hire STEM Women is in breach of any material term of this Agreement.
  • In any such case Hire STEM Women shall be entitled to charge the Client any costs, charges or expenses (direct or consequential) howsoever arising incurred by Hire STEM Women
  • Termination of this Agreement howsoever, shall not affect the accrued rights or the liabilities of either party.
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