Terms of use
SER (Staffing) Limited T/AS NetCan for the advertising, referral and introduction of Workers
Introduction
SER (Staffing) Limited T/AS NetCan www.netcan.co.uk is an internet based candidate resourcing company. The business is to assist clients in successfully advertising and recruiting candidates for temporary, contract and permanent positions with the client.
Definitions
In these terms and conditions of business (“Terms”) the following definitions apply:
1. General
a. By submitting a vacancy to the Company you are deemed to have accepted these terms of business.
b. The service is not open to or available to Recruitment Agencies or Recruitment Businesses. Should it come to the company’s knowledge that the service is being used by a Recruitment Agency or Recruitment Business then the Recruitment Agency or Recruitment Business agrees to pay the company a fee of £5000.00 plus VAT as damages, such sum being a genuine pre-estimate of the cost to the Company.
c. The due date for payment of the company’s fees is within 7 days of the date of the invoice sent by the company to the client. The company reserves the right to charge interest at the rate of 5% above the base rate of Barclays Bank PLC for the time being calculated on a daily basis on all amounts overdue to the company. Should the client exceed the 7 day payment period this will make void all previously agreed concessions. All fees shall be subject to the addition of VAT at the prevailing rate.
d. Once the client has made contact with a candidate introduced via the company, the client agrees to carry out all further contact with the candidate via the company. The client agrees not to pass on or supply any other organisation, company, partnership, sole trader, recruitment agency, recruitment consultancy or recruitment consultant with the candidate’s personal information or any associated documentation. Should the passing of said information come to be the correct knowledge of the company then the client agrees to pay the company a fee of 30% of the candidates expected basic remuneration or £10,000 whichever is the greatest regardless to the candidate in question being employed or not employed by the client. This fee will be due immediately and any termination or rebate clauses will be deemed not applicable to this invoice.
e. Should the services of a debt collection agency or a solicitor be used by the company in the process of collecting any overdue invoice then a fee of £750.00 will be charged to the client over and above any interest which may be payable.
f. These terms may not be varied without the written consent of a Director of the company.
g. Should any provision of these terms be void or voidable the existence of such provision shall not prejudice the enforceability of the remaining provisions hereof.
h. The Company shall not be liable for any loss, liability, damage, costs, claims or expenses incurred or suffered by the client arising from or connected to the advertising, recruitment or engagement of any candidate introduced by the company.
i. All information provided to the client by the company regarding candidates is done so in good faith. The company undertake to ensure that the information provided is as accurate as possible. However the company cannot accept liability for misinterpretation or omission of information whatsoever its nature. The client shall indemnify the company against all loss, claim and expense liabilities that the company may incur or suffer directly or indirectly whilst engaged in the services provided by the company or from any source that the claims may come from.
j. The company accepts no responsibility for the misuse of candidates’ information held or used by the client that results in jeopardising the candidate employment status or rights either past, current or future.
k. Should the client successfully hire the worker via the service then the client agrees to allow SER (Staffing) Limited T/AS NetCan to add the clients’ company logo or name to its list of clients which can be displayed on the Netcan website. Any client logo or name will be removed at the written request of the company.
2. The Introduction of a Candidate
a. The fee payable as set out in Clause 4.a by the client to the company is for the introduction of a candidate for employment which results in the engagement of the candidate by the client or a subsidiary of the client following the introduction or within 12 months thereafter and in whatever capacity the candidate is engaged by the client.
b. Should a candidate be introduced to the company specifically for one vacancy that is being run as one campaign, however be engaged by the company for a different position or job title or role that holds different responsibility or duties then this will be classed as a different and separate campaign and the fee’s laid out in section 4a package 3 will be payable by the company. This will be additional to any other fees that maybe due for the original campaign or vacancy that the candidate was originally introduced to the company for.
c. The client shall ensure the accuracy of any applicable specifications and job descriptions and shall give the company any necessary information relating to the services within a sufficient time to enable the company to perform the services.
d. The client agrees to notify the company immediately an offer of engagement is offered to the candidate. In the event the client fails to provide full details of the offer and this information is required to generate the related invoice then the fee charged will be as stated in Clause 4.a
e. The Client shall not take references on any candidate nor contact the candidate’s current employer without receiving permission from the candidate.
f. Should the client make an offer of employment to a candidate introduced by the company in a 12 month period from the initial point of introduction and fails to inform the company within 14 days then a fee of £3,000 will be charged and the client hereby agrees to pay this sum within 7 days. The Client agrees that such sum represents a reasonable pre-estimate of the company’s costs and damages.
g. For the avoidance of doubt, the provisions of Clause 2.f shall apply to any engagement of a Candidate Referred to the Client by the Company regardless of whether the Client has received details of the same Candidate from any other source before, during or after the Referral.
h. The Client agrees that, unless otherwise agreed by the Company in writing and in advance that any meeting, interview, assessment or discussion between the Client and the Candidate that is longer than five hours in length will be deemed to be an engagement for that candidate and the fees as detailed in Clause 4.a will be charged.
3. No Representations or Warranties
a. The company endeavours to ensure the suitability of any candidate introduced to the client. The client shall notwithstanding satisfy himself as to the suitability of the candidate and shall take up references and satisfy himself that the candidate has the necessary skills and qualifications to perform the tasks and duties required by the client. The client shall be responsible for obtaining work or other permits, for the arrangement of medical examinations and / or investigations into the medical history of any candidate and for ensuring the candidate satisfies any medical and other requirements or qualifications required by law.
b. The company shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the client arising from or in any way connected with the company seeking a candidate for the client or the introduction by the company to the client of any candidate, or the engagement of any candidate by the client.
c. The company works in an advertising capacity only. The Company does not introduce workers to recruiters or recruiters to workers in the manner specified in the Employment Agencies and Employment business Regulations 2003.
d. It is the Clients responsibility to take such actions as deemed necessary to ensure that a candidate is suitable for the engagement. This includes but is not limited to references, rights to work, confirmation of identity, qualifications and training.
4. Fees
a. The amount payable by The Client to SER (Staffing) Limited T/AS NetCan upon engagement of a Candidate introduced via the Service, is dependant on the following price list which is charged plus VAT charged at the prevailing rate.
- Package One £299.00 payable regardless of the campaign response rate
- Package Two £499.00 per starter generated from that campaign
- Package Three £699.00 for the first starter generated from that campaign and £199.00 per starter thereafter
5. The Service
a. The Service is offered subject to the following conditions:
- The Client agrees to allow the Company to actively advertise any vacancy placed on the netcan.co.uk website for a minimum period of 14 days.
- The Client agrees to allow the Company to advertise the vacancy on any job board, or via any marketing media that the Company deems fit and ethical.
- The Client agrees to allow the Company to amend any vacancy placed on the website in order to but not limited to omitting the Clients name and location, optimization of the advert, increasing the likely response and improving the layout.
- The Client agrees not to make significant changes to the details of the vacancy once it has been placed on the website. Significant changes include but are not limited to, location, salary, job specification or description, required qualifications and expected start date.
- The Client agrees to provide the Company with feedback for any interviews carried out for Candidates introduced to the Client via the Company. The Client agrees to provide this feedback within 7 days of the interview taking place. This feedback can be provided by the “interview feedback” button on the Client administration section of the website or in writing (to include email).
- The Client does not operate as a recruitment agency or recruitment business.
b. The Client acknowledges that they will comply with all the conditions as set out in Clause 5a.
c. The Client agrees that the conditions laid out in Clause 5a is material to the Company being able to offer this service, and that the Clients failure to comply with these conditions shall have a direct and significant impact on the Company’s costs incurred in the delivery of the Service. The Client hereby agrees that in the event that they breach any of the conditions set out in clause 5.a that they will pay the Company the sum of £325 plus VAT as damages, such sum being a genuine pre-estimate of the cost to the Company. This is additional to any other charges associated with these terms of business and the service provided.
6. Interviews
a. The Company shall use all reasonable endeavours to arrange an interview when requested. This shall include but not be limited to the use of telephone, email and text messaging contact with the Candidate to establish an interview date and time, of which the Company shall notify the client as soon as is reasonably possible.
b. The Client acknowledges that the Company is not able to guarantee the attendance at an interview of a Candidate and that the Company shall have no liability in the event of the failure of a Candidate to attend an arranged interview.
7. Duration of Service
a. Any advert placed on the netcan.co.uk website by the Client will run for an initial period of 14 days.
b. The Client can resubmit a vacancy after 14 days should the vacancy still be open.
c. The Client is aware and accepts that candidate CV’s may still be uploaded to their account up to 14 days after the vacancy advert has expired. The Client accepts and agrees that Clauses 5.a, 5.b and 5c are still applicable and valid during this period.
d. The client agrees that should they be taken over, amalgamated or cease trading then any outstanding debts owed to the company under this agreement will be honoured by the clients’ parent company or associated companies or liquidators.
8. Cancellation of Engagement
a. If after an offer of Engagement has been made to the Candidate by the Client is withdrawn by the Client for any reason then the Client shall be liable to pay the Company a cancellation fee equal to the fee detailed in Clause 4.a
9. Candidate data
a. The Client acknowledges that any data provided by the Company is considered private and confidential and it is the Clients duty to ensure that said data is handled in line with English law.
b. The Client agrees to deal fairly and professionally with candidates and to comply with all anti-discrimination and employment legislation.
c. The Company shall provide the Client with personal passwords to enable the full use of the service. The Client agrees to keep secret such passwords and to use it solely for the purpose of accessing the Service.
d. The Company may terminate any password provided to or set by the Client should they believe that security may have been compromised and shall have no liability to the Client in the event of such termination.
10. Liability
a. The Company reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason.
b. The Company reserves the right in its sole and absolute discretion to close any account at any time without reason.
c. From time to time the Company will contact you in order to evaluate the service and/or to promote other services provided by SER (Staffing) Limited T/AS NetCan..
d. These terms shall be governed by English law
11. Force Majeure
a. Every effort will be made by the company to carry out the assignment and shall not accept liability to the client or be deemed to be in breach of the agreement by reason of any delay in performing or any failure to perform any of the company’s obligations in relation to the services, if the delay or failure was due to any event of force majeure.
