These Terms & Conditions
These Terms & Conditions supersede and replace any previous Terms and Conditions of the Company.
The words contained on our site are for general information purposes only. They do not claim to constitute legal documents or impart any other professional advice and should not be relied upon as such.
Employ-direct does not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site. We exclude all liability for loss or damages, direct or indirect, arising from use of this site in compliance with English Law.
Every possible effort has been made by the users to ensure a safe experience when visiting Employ-direct. However, when contacting this website, or its owners and submitting credit card details, users agree to do so at their own risk. We comply with the terms set out in the Data Protection Act 1998, which verifies that your personal information is stored securely.
1.1 In these Terms of Business the following definitions apply:
General terms:“you” ; “The client” ; “Client” ; “clients” ; “customers” ;“users” ; “us” ; “applicant” ; “The Applicant” ; “we” ; “the site” ; “our site” ; “the company” ; “Employ Direct”; “The agency”; “the agency”; “Agency”; “the applicant”; “staff” ; “candidate” ; “Emloy-direct.com” ;“director” ; “customer”.
Agency Means Employ-direct.com of 42 Stanhope Road Rochester Kent ME2 3EJ
Engagement Means any employment on a permanent basis, whether under a contract of services between employers and candidates.
Introduction Means making the details of a Curriculum Vitae (CV), or any other information which reveals the identity of the applicant, available to the employer and which leads to a subsequent engagement of that applicant by the employer.
1.2 Unless the context otherwise requires, references to the singular includes the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.4 The Terms contained in the contract are binding unless otherwise agreed in writing by both a director of the agency and the client.
1.5 No variation or alteration to these Terms of Business shall be valid unless approved in writing by Employ-direct.
2.0 NOTIFICATION AND FEES
2.1 All fees payable to Employ-direct must be paid at the time of booking their services.
3.0 CANDIDATE DETAILS REQUIRED
To submit a resumé, candidates are required to enter their details in the relevant sections of the ‘Submit Resumé’ page on the Employ-direct site. Employ-direct cannot be responsible for the verification of candidate details or of any candidate vetting process.
4.0 TO POST A VACANCY
To post an advert employers are required to enter the details of the position as designated on the Employ-direct ‘Post a Vacancy’ page.
The required details include: job title, location, category, type and description of the job.
Employ-direct site. Employ-direct cannot be responsible for the verification of
Advert posting details or of any internal company employer checks.
5.0 LICENCES AND PERMITS
The employer is responsible for ensuring that it holds any necessary licences,permits and consents for any work an applicant is required to do and in relation to any place where that work is to be carried out.
6.0 HEALTH & SAFETY
The employer is responsible for ensuring compliance with all health and safety and other legislation relating to any assignment and the supervision direction and control of any worker accepted by the employer for a position with their company. Accordingly any insurance cover should be arranged directly by the employer.
7.0 APPLICANT ABILITY
Employ-direct does not accept responsibility for the ability of any applicant.
8.0 CONFIDENTIALITY AND WHEN YOU CAN DISCLOSE INFORMATION
8.1 All candidate details are confidential and are made available to the employer on the understanding that it will keep the information confidential and not disclose it to any third party without Employ-direct’s prior written consent.
9.1 Employ-direct shall not be liable under any circumstances for any loss, expense, damage, delay or costs of compensation (whether direct, indirect or consequential) which may be suffered or incurred by the client whether an applicant is engaged by them or not.
9.2 Employ-direct shall not be liable for any such loss injury damages costs expenses or delay arising from or in any way connected with:-
(a)failure of an applicant to meet the employers’ requirements;
(b) any act or omission of an applicant whether willful, negligent, fraudulent, dishonest, reckless or otherwise.
9.3The liability of Employ-direct to an employer for any breach of these Terms and Conditions or for any liability in negligence or otherwise shall not (save to the extent that such results in death or personal injury) exceed Employ-direct’s fee relating to the provision of information by the relevant applicant. In any event Employ-direct will not be liable in relation to any matter not reported by the employer in writing to the company within [3 working days] of its occurrence.
9.4The employer shall indemnify Employ-direct against all and any claims and liabilities howsoever arising in respect of any loss, injury damage costs, expenses or delays suffered or incurred by an applicant however caused (whether arising out of the employers’ acts of omission or otherwise) and against all, and any, claims made by any third party (arising from the employers’ omissions or otherwise) and against all, and any, claims made by any third party arising directly or indirectly or in any way connected with the engagement of an applicant by the employer or the acts or omissions of any such applicant whether willful, reckless, fraudulent, negligent, dishonest or otherwise.
10.1These Terms and Conditions shall be governed by and be construed in accordance with the laws of England and Wales and the Client submits to the non-exclusive jurisdiction of the Courts of England and Wales in relation to any claim or matter arising out of these Terms and Conditions.
11.0 REFUND POLICY
Payments made to Employ Direct via the website may be canceled within 7 days of the transaction. In order to obtain a refund, Employ-direct requires you to submit your email to us quoting your account number, which can be found on your original emailed receipt. Alternatively, the date and name under which payment was made can be submitted.
Employ-direct regrets that refunds can only be offered for advertisements that have been scheduled a minimum of 7 days in advance. However, once the advertisement has been displayed on the Employ Direct website, no refund can be allowed. All refunds are issued subject to security controls and the relevant security information from the customer is required prior to refund activation.
All claims for refunds will be settled within 24 hours. Refunds will be credited to the payment card which was used to make the payment. Employ-direct is committed to safeguarding your online account security; should any breaches occur as a result of internal transgression, these will be investigated immediately and a refund issued within 24 hours of the reported breach.
12.0 FORCE MAJEURE CLAUSE
The parties are relieved from performing their obligations and are therefore excused from liability, when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.
However, this is intended only to excuse a party if the failure to perform could not be avoided by the exercise of due care by that party. This applies equally to all parties to the agreement. Examples of force majeure are: war, natural disaster and acts of God (fire, flood, malicious injury, strikes, lock-outs, riots etc) and other major events that are outside a party’s control.
If these incidents were not the fault of the party in performing under this Agreement, then performance of such act shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay except that if any delay exceeds six months, then the party entitled to such performance shall have the option to terminate this agreement.
13.0 SEVERANCE CLAUSE
This is a precedent severance clause. A severance clause is categorized as one of the boilerplate clauses of an agreement. Its purpose is to ensure that, if any of the provisions in an agreement are found to be illegal, invalid or unenforceable, the rest of the agreement survives and continues to be valid.
A severance clause (or sever ability clause) acknowledges that the law may interfere with the terms set out by the company, and try to mitigate the damage to one or both parties’ interests that may be caused by such interference.
14.0 WAIVER CLAUSE
If Employ-direct decides to waive a breach of this Agreement by the other party eg. the candidate or client, then Employ-direct voluntarily abandons its legal rights to claim any remedy, in relation to that breach.
This is to ensure that a party’s failure to enforce its rights, whether intentionally or by oversight, does not result in a waiver of those rights or remedies for their breach.
For example: Employ-direct may decide not to strictly enforce the provisions of these Terms on a particular occasion or under certain circumstances. The no waiver clause provides that Employ-direct does not waive its rights to insist upon strict compliance with Terms stated herewith in the future simply because it has deviated from the enforcement of those terms in the past.
These are our Terms & conditions.