TERMS AND CONDITIONS
ICONIC INSPECTION CONNECTION LIMITED TERMS AND CONDITIONS FOR THE INTRODUCTION OF CONTRACT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT
THESE TERMS AND CONDITIONS SET OUT THE TERMS UNDER WHICH ICONIC INSPECTION CONNECTION LIMITED OFFERS YOU THE USE OF ITS SERVICES IN CLAUSE 2.1 OF THIS AGREEMENT BY MEANS OF ICONIC (THE "WEBSITE"). BY USING ANY OF THE SERVICES AND/OR THE WEBSITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT REGISTER OR USE THIS WEBSITE.
This Agreement is made between you and Iconic Inspection Connection Limited whose registered office is:
68 CLARKEHOUSE ROAD
SHEFFIELD
SOUTH YORKSHIRE
S10 2LJ
Company No: 07960813 ("Iconic")
1. DEFINITIONS
1.1 In these Terms of Business the following definitions apply:
"Applicant" means the person(s) introduced by Iconic to the Client via the Iconic Website in respect of an Engagement;
"Client" means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
"Engagement" means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee;
"Iconic" means Iconic Inspection Connection Limited, company number 07960813;
"Iconic Website" means the Website owned and or operated by Iconic to facilitate the introduction of Applicants to Clients for temporary or permanent contract staff;
"Introduction" means the Client’s interview of an Applicant or accessing by the Client of a curriculum vitae or information via the Iconic Website which identifies the Applicant; and which leads to an Engagement of that Applicant;
"Remuneration" includes base salary or fees, guaranteed bonus and commission earnings, allowances, inducement payments and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. 1.2 Unless the context requires otherwise, references to the singular include the plural.
2. THE SERVICES
2.1 By means of the Iconic Website making available an on line recruitment and employment information service whereby Clients place advertisements for positions and/or assignments and Applicants submit responses to Clients expressing their interest in such positions ("Services")
2.2 The Services are only available on the completion of the registration section of the Iconic Website including confirmation that the relevant terms and conditions have been read and accepted.
3 THE CONTRACT
3.1 These Terms constitute a contract between Iconic and the Client and are deemed to be accepted by the Client in order to access details of Applicants via the Iconic Website.
3.2 These Terms contain the entire agreement between the parties and these Terms of Business prevail over any other Terms of Business or purchase conditions put forward by the Client.
4. NOTIFICATION AND FEES
4.1 The Client agrees:
4.1.1 To notify Iconic immediately of any offer of an Engagement which it makes to the Applicant;
4.1.2 To notify Iconic immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
[4.1.3 To pay Iconic’s fee within 30 days of the date of invoice.]
[4.2 Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when Iconic will render an invoice to the Client for its fees.]
4.3 The fee payable to Iconic by the Client for an Introduction resulting in an Engagement is calculated in accordance with the accompanying Scale of Fees set out in the schedule to these Terms of Business. VAT will be charged on the fee if applicable.
5. SUITABILITY AND REFERENCES
5.1 Iconic does not check the suitability of any Applicant whose details appear on the Iconic Website and the Client must check the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.
5.2 The Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
6 USE OF THE WEBSITE AND THE SERVICES
6.1 You agree that you will not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which contains any virus or which may otherwise impair or harm Iconic’s computer systems or any third party computer system.
6.2 By registering to use the Services pursuant to clause 2.2, you automatically and hereby grant to Iconic a royalty free right to display, copy, reproduce and make available on the Website and otherwise deal with as necessary to provide to you the Services any material and information which you may provide to Iconic through your use of the Services.
6.3 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents. All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings has been so made available for your guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of Iconic, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
6.4 Iconic make no warranty that the contents of any and all emails communicated through the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
6.5 You acknowledge that Iconic is not responsible for third party content on the Website and that Iconic cannot ensure that material presented on the Internet is legal. Iconic will not limit access to material unless notified that it is illegal. In particular, you acknowledge that Iconic is not responsible for and does not monitor the content of positions and/or assignments provided by third parties on the Website. However, Iconic shall have the right to remove any postings, materials or other items on the Website which it believes may be illegal or which it deems to be inappropriate.
6.6 Save to the extent permitted by this Agreement, Iconic does not grant any licence or other authorisation to use any of its trademarks, product names, company names or logos or any of its copyright works or other intellectual property rights by placing them on or making them available by means of the Website or the Services.
7 AVAILABILITY OF THE WEBSITE AND THE SERVICE
Iconic does not promise full, uninterrupted or error free operation of the Website and/or the Services. All liability of Iconic, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.
8 REGISTRATION
Where you are asked to complete a registration form the details that you provide must be true, accurate and complete. You agree to make any changes which are relevant to your registration as soon as is reasonably practicable to ensure that your details remain true, accurate and complete at all times that your details appear on the Website.
9 DATA PROTECTION AND USE OF PERSONAL INFORMATION
Your personal data will be collected and processed by Iconic in accordance with its privacy policy. The personal data collected may include, without limitation, your name, address, telephone and fax details, email contact address, and other data obtained from you from time to time.
Information may be gathered from your registration form(s) and your use of the Site including through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie attached to personal information collected another way, such as by means of your on-line registration form.
Other than as set out elsewhere in this clause 5 your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 5 by your agreement to the terms and conditions of this Agreement.
10 TERMINATION
Iconic may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
11 CLAIMS
You agree to indemnify Iconic from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Iconic or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to an act or omission of Iconic).
12 FORCE MAJEURE
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control.
13 NOTICES
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by email, first class post, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by email or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
14 ASSIGNMENT
14.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Iconic's prior written consent.
14.2 Iconic reserves the right to assign or transfer all or any of its rights and obligations under this Agreement. In the event of assignment or transfer, notification will either be given to you by email or posted on the Website.
15 NO WAIVER
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
16 SEVERABILITY
If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
17 VARIATION OF TERMS
17.1 This Agreement constitutes the entire agreement between the parties in respect of its subject matter.
17.2 Iconic reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by email or posted on the home pages of the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the email or of posting on the home pages of the Website, whichever occurs later.
18 LAW AND JURISDICTION
This Agreement shall be governed by the laws of England and Wales and your hereby submit to the exclusive jurisdiction of the English courts.
SCHEDULE
[FEES – Client to complete]