Terms and Conditions
1. These terms & conditions shall apply to and govern the provision of services by The Engineer List (Operated by Johnston Press Plc registered in Scotland, Company Registration SC015382 and have our registered office at 108 Holyrood Road Edinburgh EH8 8AS) "TEL", operating as an online advertising and employee selection service, to clients from 5th January 2015 to the exclusion of any other terms and conditions that any client may seek to introduce or rely upon.
2. TEL and the client shall enter into discussions / written communications regarding the employment vacancy which the client is seeking to fill and the type of candidate the client requires. If the client wishes to engage the services of TEL in relation to the vacancy then TEL shall email the client with a vacancy brief (based on previous discussions / written communications), together with a copy of these terms and conditions, which shall be valid for acceptance by the client for a period of 14 days. On approval of the vacancy brief by the client, such approval to be communicated by the client to TEL either in writing or via e-mail (to such address or e-mail address as provided by TEL), the client is deemed to accept these terms and conditions and a contract between the parties is formed ("Effective Date"). The contract shall incorporate the vacancy brief and these terms and conditions.
3. TEL's Fee is calculated on the following scale:-
Basic Taxable Pay if vacancy £0 - £24,999 = £799
Basic Taxable Pay if vacancy £25,000 to £49,999 = £999
Basic Taxable Pay if vacancy is from £40K+ = £1199
Fees are non-refundable unless TEL agree otherwise in writing.
4. Subject to clause 5, Fees become due on the Effective Date. TEL reserves the right, at its sole discretion, not to commence the provision of any services to clients prior to receipt of payment.
5. TEL may, at its sole discretion, agree an extended payment period with any client, such period to be agreed by TEL in writing.
6. Fees are quoted exclusive of VAT which is payable at the prevailing rate.
7. If Fees are not paid by the client on the date they fall due, TEL shall be entitled, at its sole discretion, (1) to charge interest at a rate of 3% above the base rate of the Bank of England as applying from time to time, or, if higher, the rate prescribed in terms of the late Payment of Commercial Debts (Interest) Act 1996 from the due date for payment until receipt by TEL of the full amount, whether or not after judgment; and / or (2) to suspend the provision of its services (i.e. the delivery of details of potentially suitable candidates for the vacancy) until such time as payment has been made.
8. TEL and the client shall both protect the confidential information (i.e. information which either party is informed is confidential or which by its nature should reasonably be considered to be confidential) of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
9. All candidate(s) personal data must be kept secure by the client in line with the client's obligations under the Data Protection Act 1998. 's job applications and details within those must be treated in strict confidence by all clients in line with the guidance of the Data Protection Act.
10. Candidates' personal data and applications are provided for one time use only, for the specific vacancy as detailed in the vacancy brief or otherwise agreed between the parties in writing. The client is not permitted to forward, share or re-use candidates' data for any other role.
11. Clients must securely dispose of candidates' personal data when no longer required.
12. TEL requires all candidates to complete screening questionnaires, however, the client has final responsibility for carrying out checks on candidates suitability for work including right to work, references etc. TEL do not accept any liability for aforementioned checks/concerns.
13. TEL shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be incurred by the client, arising from or in any way connected with the provision of services by TEL. Nothing in these terms and conditions shall limit or exclude TEL's liability for any matter for which it would be illegal or unlawful to exclude liability, including personal injury or fraud.
14. A person who is not a party to a contract formed in accordance with clause 2 shall not have any rights under or in connection with it.
15. If any provision of these terms and conditions proves to be unenforceable by law, the remaining provisions shall continue in full force and effect.
16. No variation of these terms shall be binding on TEL unless in writing and signed by a duly authorised representative of TEL.
17. The terms and conditions shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.