Terms and Conditions

EMPLOYMENT AGENCY CANDIDATE TERMS AND CONDITIONS

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

“Agency”	means Reconcile Search Ltd, a company registered in Northern Ireland under number NI1686717 whose registered office is at Ormeau Baths, 18 Ormeau Avenue, Belfast, BT2 8HS;
“Candidate”	means any person being an individual who is a work seeker using the Services for the purposes of finding a permanent full time employment position;
“Client”	means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced with a view to the Client employing the Candidate; and
“Services”	means the employment agency services provided by the Agency to the Candidate 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 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 as amended or supplemented at the relevant time;
- a Clause or paragraph is a reference to a Clause of these Terms and Conditions; 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.
References to any gender shall include any other gender.

The Contract
- Any and all business entered into by the Agency 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 Director of the Agency.
- The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon their submission of any information or data to the Agency.
- Accordingly, a contract on these Terms and Conditions shall be deemed to come into existence between the Agency and the Candidate, following receipt of these Terms and Conditions by the Candidate, upon submission by the Candidate to the Agency of any information or data.
- The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency shall make reasonable efforts to notify Clients and the Candidate of the occurrence and the details of any such changes.
- These Terms and Conditions supersede all previous terms of business.
The Services
- The Candidate shall have the facility to browse vacancy advertisements and apply for any vacancies that it so chooses.
- The Agency shall provide its services to the Candidate as an employment agency and at no cost to the Candidate. The Agency is engaged and paid by its Clients to fill permanent full time vacancies.
- The Agency shall inform the Candidate of any and all vacancies for which the Candidate is suitable and which meet the Candidate’s requirements.
- Whilst the Agency shall use its reasonable endeavours to inform the Candidate of vacancies that meet the Candidate’s requirements, it does not undertake or guarantee that any such vacancies will be available or that it shall inform the Candidate of all or any particular available vacancies.
- Whilst the Agency requires its Clients to ensure that all information that the Clients provide to it is complete, accurate and up-to-date, the Agency does not undertake or guarantee that the vacancy advertisements and other information made available to the Candidate will be complete, accurate or up-to-date.

3.6 If the Agency finds a vacancy that the Candidate wishes to accept, the Candidate must carefully check the employment contract and any offer letter they receive from the Client. The Candidate acknowledges and agrees that the terms and conditions contained in those documents will constitute their terms of employment, that those documents take precedence over other communications regarding their offer of employment, and that it is the Candidate’s sole responsibility to raise any queries or discrepancies with the Client before accepting any employment contract / offer letter.

Vacancy Notifications
- If the Candidate has chosen to receive email updates of vacancies that are relevant to them from the Agency, the provisions of this Clause 4 shall apply.
- The Agency shall be under no obligation to send such emails and it does not give any guarantee with regard to the number of vacancies featured in each email.
Candidate Information
- In order to use the Services, the Candidate must provide details and information which shall include, but not be limited to:
  - their identity;
  - contact information;
  - date of birth if under the age of 22;
  - qualifications (including, but not limited to, any required by law or any relevant professional body);
  - any necessary authorisations and permits;
  - training, experience and employment history;
  - references;
  - the Candidate’s confirmation that they are legally entitled to work in the location and vacant position to be filled, and, where required by the Agency, evidence of all the foregoing matters.

The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies.

The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete, and up-to-date.
In the event that the information submitted to the Agency by the Candidate becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.
Where any of the information submitted to the Agency by the Candidate contains details which could be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to the Candidate submitting the information to the Agency.

Applications
- When applying for a vacancy, the Candidate must ensure that they:
  - have read the complete details of the vacancy;
  - understand the requirements of the vacancy;
  - meet the requirements of the vacancy;
  - possess any requisite qualifications required by the vacancy; and
  - have obtained or applied for any relevant permits or authorisations.
- When completing forms or any other application documents, the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.
- The Agency shall forward the Candidate’s details and information to a Client for the purpose of the relevant vacancy only and shall only do so with the Candidate’s express permission. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, they must submit a separate application for each vacancy.
- The Agency may in its discretion decide not to forward any application by the Candidate to any Client if the Agency considers the application not to conform to the requirements of these Terms and Conditions.
How We Use Your Personal Data (Data Protection)
- All personal data that the Agency may use will be collected, processed, and held in accordance with the provisions of Data Protection Legislation and the Candidate’s rights thereunder.

“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended.

“personal data” means personal data as defined in the UK GDPR.

For complete details of the Agency’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Agency’s Privacy Notice available on the Company Website.

Liability
- The Agency shall not be liable to the Candidate for any of the following:
  - The loss of any information, data, CVs or other materials submitted by the Candidate;
  - Any errors or inaccuracies present in the information presented to the Candidate including, but not limited to, vacancy advertisements;
  - The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;
  - Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
  - Any loss or damage of any kind, howsoever caused arising out of any material submitted to the Agency by the Candidate.

8.2 If the Agency is in breach of these Terms and Conditions, it shall only be responsible for any losses to the extent that they are foreseeable to both the Candidate and the Agency as a consequence of such breach.

8.3 Notwithstanding, sub-Clause 8.2, the Agency shall not in any event be liable for any business losses such as lost data, lost profits or business interruption.

Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability either for death or personal injury arising out of its own negligence or for fraud.

Indemnity

The Candidate shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings incurred or sustained by the Agency which arise out of the Candidate’s use of the Services (including results achieved or unachieved), the Agency’s submission to any Client of any incorrect or incomplete information provided to the Agency by the Candidate (whether or not that information is required by these Terms and Conditions), or the Agency’s submission to any Client of any application made by the Candidate for a vacancy where that application contains any incorrect or incomplete information provided to the Agency by the Candidate, or any breach of any of these Terms and Conditions by the Candidate.

Force Majeure

Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing any of their obligations thereunder where such failure or delay results from any event, cause or circumstance that is beyond the reasonable control of that Party. Such event, cause or circumstance includes, but is not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic, pandemic or other natural physical disaster, acts of terrorism, acts of war, governmental action or any other similar or dissimilar event that is beyond the control of the Party in question.

Notices
- All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Agency or by the Candidate.
- Notices shall be deemed to have been duly given:
  - when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
  - when sent, if transmitted by e-mail and a successful return receipt is generated; or
  - on the fifth business day following mailing, if mailed by national ordinary first class mail, postage prepaid.
- All notices these Terms and Conditions shall be addressed to the most recent address or e-mail address notified to the other Party.
Relationship of Parties

Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent (other than the agency necessarily arising by law by virtue of the Agency acting as an employment agency), or of employer and employee between the Agency and the Candidate.

Third Parties

Nothing in these Terms and Conditions shall confer any benefit on or be enforceable by any party that is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.

Severance

In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

Modification and Entire Agreement
- The Agency may modify these Terms and Conditions at any time. In the event that it makes any modifications, it shall forthwith publish details of them on the Company Website. It shall also send an email to the Candidate detailing the modifications.

15.2 If the Candidate does not agree to be bound by any modified terms and conditions the Agency introduces, the Candidate must immediately cease using the Services upon publication of those modified terms and conditions.

15.3 These Terms and Conditions as modified in accordance with this Clause 15 shall represent the entire agreement between the Candidate and the Agency, and it supersedes all previous agreements, terms, conditions, representations or claims which may have been made or agreed upon between them.

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 Northern Ireland.
- 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 Northern Ireland.

Reconcile Search Ltd: CLIENT TERMS AND CONDITIONS

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

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

“Agency”	means Reconcile Search Ltd a company registered in Northern Ireland under number NI1686717 whose registered office is at Ormeau Baths, 18 Ormeau Avenue, Belfast, BT2 8HS;
“Candidate”	means any person introduced by the Agency 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 a Candidate whether part or full time, with or without a contract;
“Introduction”	an introduction will be deemed to have taken place where the Agency 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 the Agency 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 the Agency to the Client as set out in these Terms and Conditions.

1. 1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
    1. 1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic transmission or similar means;
      2. 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;
      3. “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;
      4. a Schedule is a schedule to these Terms and Conditions; and
      5. 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
      6. a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
  2. 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.
  3. Words imparting the singular number shall include the plural and vice versa.
  4. References to any gender shall include any other gender.

The Contract
1. 1. Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other terms and conditions these Terms and Conditions shall prevail unless agreed otherwise in writing by a Director of the Agency.
  2. 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 the Agency and the Client, and state the date on or after which such new terms will apply.
  3. The Introduction of a Candidate or Engagement of a Candidate, or the commencement of work or provision of services by a Candidate for the Client shall be deemed acceptance of these Terms and Conditions by the Client.
  4. These Terms and Conditions contain the entire agreement between the Agency and the Client and supersede all previous terms of business, agreement and arrangements.
Vacancies and Advertisements
1. 1. The Agency shall have the right to decline, cancel or otherwise remove any vacancy advertisement provided by the Client to the Agency at any time, for any reason and without giving prior notice to the Client.
  2. If any vacancy advertisement appears to demonstrate that the Client intends to discriminate on the grounds of age disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation, it will be declined unless the vacancy is exempted from the provisions of the Equality Act 2010; 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.
  3. If, in the opinion of the Agency, any vacancy advertisement indicates any illegal purposes on the part of the Client, the Agency 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.
  4. Vacancy advertisements shall remain open and viewable by prospective Candidates for a period of four weeks or otherwise as agreed between the Agency and the Client.
  5. All vacancy advertisements shall contain details of no more than one single vacancy unless otherwise agreed in writing between the Agency and the Client.
The Agency’s Obligations
1. 1. The Agency shall endeavour to find suitable and willing Candidates to fill such vacancies as are notified to the Agency by the Client or to notify the Client if the Agency believes it is unable to assist with the Client’s requirements.
  2. The Agency shall endeavour to ensure that all vacancy advertisements are published on the date agreed with the Client or, where no date is agreed, within three business days of receiving details of the vacancy.
  3. The Agency shall 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, and shall also endeavour to verify the identity of Candidates prior to introducing them to the Client.
  4. At the same time as proposing a Candidate to the Client the Agency shall inform the Client of such matters as detailed in sub-Clause 4.3 of which the Agency has obtained confirmation.
  5. The Agency shall 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.
  6. The Agency shall endeavour to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate to work in the position which the Client seeks to fill.
  7. The Agency cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.
The Client’s Obligations
1. 1. The Client shall provide to the Agency all information which is reasonably required for the Agency to provide the Services. The Client shall use its best endeavours to ensure that such information is complete, accurate and up-to-date.
  2. The Client shall ensure that all information provided to the Agency does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory.
  3. The Client shall ensure that all information provided to the Agency does not contain any material which infringes the rights of any third parties (including, but not limited to, intellectual property rights).
  4. The Client must provide the Agency 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).
  5. The Client must inform the Agency of any health or 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.
  6. The Client must not seek to employ any member of the Agency’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 the standard rate agreed with any Director.
  7. The Client warrants that it shall immediately, and in any event within 24 hours of the Agency’s first provision of information relating to the Candidate’s identity, inform the Agency if the Client believes that it is aware of the identity of the Candidate other than via information supplied by the Agency. The Client agrees that it will be deemed not to have been aware of the identity of the Candidate prior to the Agency’s provision of the information relating to the Candidate’s identity if the Client fails to provide such a notice within the aforementioned 24 hours.
  8. The Client acknowledges that the Agency 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.
  9. The Client shall inform the Agency immediately in the event that any relevant information changes following the submission of that information to the Agency. The Agency reserves the right to charge the Client for any work required to make alterations to vacancy advertisements or other relevant information it holds.
  10. Subject to the provisions of sub-Clauses 4.3 and 4.8, the Agency shall not verify or otherwise check any Candidate details, howsoever they may be provided to the Client.
  11. 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.
  12. It shall be the sole responsibility of the Client to obtain any required permits (including, but not limited to, work permits).
  13. It shall be the sole responsibility of the Client to arrange for any required medical examinations or investigations.
  14. The Client must notify the Agency immediately of any offer of an Engagement that it makes to a Candidate.
  15. The Client must notify the Agency immediately of the acceptance by a Candidate of any offer of Engagement that is made to that Candidate and provide details of the Candidate’s remuneration.
  16. The Client must within three business days of offering an Engagement to a Candidate provide the Agency with a copy of the job offer or contract given to the Candidate.
  17. Notwithstanding sub-Clauses 4.3 and 4.8 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.
  18. The Client is responsible for payment of remuneration to the Candidate.
Confidentiality
1. 1. Each Party undertakes that, except as provided by sub-Clause 6.2 or as authorised in writing by the other Party, it shall, at all times:
    1. 1. keep confidential all Confidential Information;
      2. not disclose any Confidential Information to any other party;
      3. not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
      4. not make any copies of, record in any way or part with possession of any Confidential Information; and
      5. 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 6.1.1 to 6.1.4 above.
  2. Either Party may:
    1. 1. 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 6.2.1.2 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

1. 1. 1. 1. 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.
  2. The provisions of this Clause 6 shall continue in force in accordance with their terms, notwithstanding the termination of these Terms and Conditions for any reason.
Data Protection
1. 1. In this Clause 7:

“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended; and

“personal data” means personal data as defined in the UK GDPR.

1. 1. All personal data that either Agency or the Client (“First Party”) may use will be collected, processed, and held by that First Party in accordance with the provisions of Data Protection Legislation and the rights under the Data Protection Legislation of the other party being, as the case may be, either the Agency or the Client (“Other Party”) and the rights under the Data Protection Legislation of any third party.
Liability

With the exception of death or personal injury or fraud, the Agency 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, howsoever caused or arising, as a result of the Introduction of a Candidate to the Client by the Agency, the Engagement of a Client Introduced by the Agency, the failure of the Agency to Introduce any Candidate to the Client, or otherwise arising out of or in connection with the Services or any agreement for the Services between the Agency and the Client.

Indemnity

The Client shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings incurred directly or indirectly by the Agency which may arise out of the Client’s use of the Services or out of any breach by the Client of any of these Terms and Conditions.

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 similar or dissimilar event that is beyond the control of the Party in question.

12. Relationship

Nothing in these Terms and Conditions shall create a partnership or agency or the relationship of employer and employee, or other relationship between the Agency and the Client.

13. Severance

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.

14. Third Parties

No provision of these Terms and Conditions shall confer any benefit on or be enforceable by any person who is not a party to these Terms and Conditions under the Contract (Rights of Third Parties) Act 1999.

15. Law and Jurisdiction

15.1 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 Northern Ireland.

15.2 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 Northern Ireland.

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