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KATANA RECRUITMENT CANDIDATE TERMS OF BUSINESS
These Terms of Business are between:
Katana Recruitment and Individuals seeking to engage Katana Recruitment work-finding services (“Work-Seekers”)
Whereas
1. DEFINITIONS
1.1 In these Terms of Business the following definitions apply:
Assignment means the period during which the Candidate is supplied to render services to the Client
Candidate means the person introduced by Katana Recruitment to the Client for an Engagement of Permanent nature, including any officer or employee of the Limited Company where the individual supplied is a Limited Company Contractor
Client means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 and any customer of the Client requiring the services of the Candidate
EAA Regs means the Conduct of Employment Agencies Regulations 2003
Engagement means the use of the Candidate by the Client on a permanent basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement, or any other engagement
Introduction means (1) the passing to the Client of a CV or other information which identifies the Candidate following Client’s instructions to KATANA RECRUITMENT to search for a Candidate or (2) the interview (in person or by telephone) or Engagement of a Candidate by the Client or any Third Party who has obtained such information through the Client’s intermediation following the passing to the Client by KATANA RECRUITMENT of a speculative CV or other information with identifies the Candidate
Job Boards means internet based services enabling Work-Seekers to actively search for suitable vacancies and enabling Clients to actively search for suitable Candidates
Limited Company Contractor means the Candidate whose services are supplied by KATANA RECRUITMENT to the Client through a Limited Company
Registration means your completion of a Katana Recruitment (electronic) registration form or the provision of Your Details to KATANA RECRUITMENT in order to be registered as a Candidate on the Katana Recruitment database with a view to using Our Services
Remuneration includes base salary or fees, guaranteed and / or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company care and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client
S8 means Section 8 of the Asylum and Immigration Act 1996 as amended 1 May 2004
Our Services means Katana Recruitment specialised skills, techniques and resources employed to find You suitable work, which may be of a Permanent or Temporary nature
You means the individual reading these Terms with a view of engaging Katana Recruitment work-finding services
Your Details means the personal data (including, but not limited to, your CV) you will be requested to provide when registering with KATANA RECRUITMENT and any further details that may be required either by law or upon Client’s request, or such details as You may have made publicly available through Job Boards
Your Services means the knowledge, skills, experience and techniques You will employ to perform your Assignment
2. GENERAL
2.1 Unless the context requires otherwise, references to the singular include the plural and reference to the masculine include the feminine and vice versa.
2.2 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2.3 Personal data of the Work-Seeker will be held by KATANA RECRUITMENT in its manual and automated filing systems. The Work-Seeker consents to the processing and disclosure of such data both inside and, where necessary, outside the European Economic Area in order for their services to be performed and this agreement to be fulfilled.
2.4 These Terms contain the whole agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties, and in particular shall supersede any terms set out in any invoice, timesheet, or other communication issued by the Work-Seeker to KATANA RECRUITMENT.
3. LAW
3.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
4. THE CONTRACT
4.1 These Terms of Business are deemed to be accepted by virtue of your Registration and / or by virtue of your agreement for KATANA RECRUITMENT to forward your CV to a Client. KATANA RECRUITMENT will not forward your CV to any Client without your permission.
4.2 By agreeing to these Terms of Business it is deemed that you are willing to consider working in any position that we reasonably see as appropriate in line with our area of specialisation which is permanent catering recruitment.
4.3 Katana Recruitment work-finding services to You are provided free of charge.
4.4 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Director of KATANA RECRUITMENT.
4.5 These Terms will not at any time be considered to constitute a contract of employment between the Work-Seeker and KATANA RECRUITMENT or any of its Clients
5. LIABILITY
5.1 KATANA RECRUITMENT shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by You arising from or in any way connected with KATANA RECRUITMENT seeking suitable work for You or from Katana Recruitment Introduction of You to or Engagement by the Client or from the failure of KATANA RECRUITMENT to find You suitable work. For the avoidance of doubt, KATANA RECRUITMENT does not exclude liability for death or personal injury arising from its own negligence.
6. KATANA RECRUITMENT OBLIGATIONS
6.1 KATANA RECRUITMENT agrees to do the following:-
6.2 At Registration stage
6.2.1 Give You clear information about Our Services and what Terms & Conditions apply to Our Services 6.2.2 Register Your Details in line with current Data Protection requirements and request any further details we may require
6.3 At Search stage
6.3.1 Match your requirements with vacancies on our Database
6.3.2 Confirm your interest in vacancies before passing Your Details to the relevant Client
6.4 At Introduction stage
6.4.1 Pass your details to relevant Client(s)
6.4.2 Provide you with details regarding the position we’ve put you forward for
6.4.3 Where applicable provide you with H&S information relevant to the position
6.4.4 Arrange for an Interview
6.4.5 Inform you of the outcome of your Interview
6.5 At Offer stage
6.5.1 Confirm the Client’s Offer to You
6.5.2 Clarify any questions you might have 6.5.3 Obtain your Acceptance of that Offer
6.6 At Placement stage
6.6.1 The Client will send You your contract and any other relevant documentation.
7. YOUR OBLIGATIONS
7.1 You agree to do the following:-
7.2 At Registration stage
7.2.1 Provide KATANA RECRUITMENT with complete and accurate personal details as requested by your KATANA RECRUITMENT consultant or as per the Registration Form
7.2.2 Provide KATANA RECRUITMENT with proof of your eligibility to work in the UK (see also clause 8.2 below)
7.2.3 Provide KATANA RECRUITMENT with names and contact details of at least 2 professional referees
7.2.4 Provide KATANA RECRUITMENT with copies of any qualifications relevant to the type of work you are looking for 7.3 At Search stage
7.3.1 Give KATANA RECRUITMENT permission to pass your details to those Clients whose vacancies you are interested in.
7.3.2 Provide KATANA RECRUITMENT with any additional documentation the Client may require in order for you to be considered for the vacancy.
7.4 At Introduction stage
7.4.1 Attend any Interviews arranged for You by your KATANA RECRUITMENT consultant
7.6 At Placement stage
7.6.1 Commence Your Services on the date and time agreed
8. ELIGIBILITY TO WORK IN THE UK
8.1 KATANA RECRUITMENT cannot arrange for your Employment by or Engagement to a Client unless You can provide proof of your eligibility to work in the UK as required under S8.
8.2 The preferred documents that prove your Eligibility to Work in the UK are:-
8.2.1 A valid British, EAA or Swiss passport or National Identity card;
8.2.2 A COMBINATION of (i) full birth certificate issued in the UK, Channel Islands or Isle of Man showing names of both parents, AND (ii) an official document showing your name and National Insurance number (such as your National Insurance card, a P45 / P60 or a letter from a Government agency).
8.3 If You cannot provide proof of Eligibility to Work in the UK in the form of either 8.2.1 or 8.2.2 above You should contact your KATANA RECRUITMENT consultant straightaway as your eligibility may be proven by alternative combinations of documents.
9. ASSIGNMENTS
9.1 KATANA RECRUITMENT will seek to match your requirements with vacancies on its own database. KATANA RECRUITMENT will match your requirements with Permanent vacancies unless You indicate otherwise.
10 HOW TO RAISE A COMPLAINT
1.1 KATANA RECRUITMENT Complaints should in first instance be addressed to your CONSULTANT RECRUITMENT Consultant. In the event that a complaint cannot be settled with your KATANA RECRUITMENT consultant You should contact a Senior Manager at Katana Recruitment via email on info@katanarecruitment.com
Copyright © Katana Recruitment 2009. All rights reserved.
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