THIS AGREEMENT is made on [ ] BETWEEN:
BRITASIADOCTORS LIMITED incorporated and registered in England and Wales with company number 11644294 and whose registered office is at Cherry Tree Court, 36 Ferensway, Hull, England, HU2 8NH (BA) and [ ] who resides at: []
IT IS HEREBY AGREED:
Recital:
The Candidate seeks for BA to find the Candidate a work role and, by registering with BA, the Candidate unconditionally undertakes and consents that BA may, at its discretion: utilise, share and disclose the personal data and information provided by the Candidate to BA, in order to help secure the Candidate an appropriate work role, subject to the terms of this Agreement (Services).
Definitions:
“Agreement” means the terms and conditions of this contract between BA and the Candidate for the provision of the Services;
“BA” means BRITASIADOCTORS LIMITED incorporated and registered in England and Wales with company number 11644294 and whose registered office is at Cherry Tree Court, 36 Ferensway, Hull, England, HU2 8NH;
“Bribery Legislation” means the Bribery Act 2010, associated guidance published by the Secretary of State for Justice under the Bribery Act 2010 and all applicable UK legislation, statutory instruments, regulations, codes and sanctions relating to anti-bribery and anti-corruption;
“Candidate” means a person (you) who is seeking a Work role through our Services;
“Employer” means any individual, business, partnership, firm, governmental or local authority department or corporate body (which expression shall, where the context so admits, include its successors and assigns) which the Candidate is seeking to Work for, as Introduced by BA;
“Engage” / “Engaged”/ “Engagement” means, as the context shall require, the Candidate commencing Work and thereafter working for the Employer;
“Introduction”/ “Introduced” means the introduction by BA of a Candidate to the Employer by whatever method including, but not limited to, providing the Candidate’s details or curriculum vitum to an Employer;
“Package” means the anticipated annual or annualised value in money or money’s worth at the date of the commencement of the Engagement calculated on the Candidate’s full-time salary, wages, fees and other remuneration arising out of or relating to the Engagement, to include a figure for all and any benefits, bonuses, commission and allowances, which form part of the Candidate’s total remuneration package.
“Work” means the work to be undertaken by the Candidate for the Employer.
BY IS AGREED as follows:
1. Prevalent Terms
1.1 The Candidate shall at all times be on time for interviews and agrees to inform BA no less than 24 (twenty-four) hours in advance by email or telephone of any cancellation or delay.
1.2 When the Employer offers the Candidate a Work opportunity, the Candidate agrees to immediately notify BA, in writing, of all details concerning the role and the Candidate will not commence the Work until it has provided such details to BA.
1.3 The Candidate will immediately notify BA in writing, if the Candidate: (a) is contacted directly by the Employer or its employees, representatives, acquaintances or other people associated with the Employer, at any time within 24 (twenty-four) months of the Introduction; or (b) becomes Engaged as permanent worker after performing Work as a locum worker or becomes a locum worker after performing Work as a permanent worker.
1.4 The Candidate shall not exchange or accept any personal information with or from the Employer, unless authorised to do so by BA in writing.
1.5 Immediately after any meeting or conversation between the Candidate and the Employer, the Candidate must notify BA of the outcome of that meeting or conversation prior to any Engagement.
1.6 If a Candidate accepts an offer of Work by an Employer, the Candidate undertakes to disclose full details of their Package to BA.
2. Fees
For the avoidance of doubt, BA will not charge any fee to the Candidate for registration or making an Introduction. BA shall only charge a fee to the Employer in the event that the Candidate accepts Work with the Employer.
3. The Agencies Responsibilities
3.1 If and to the extent that BA provides the Services (as it decides, in its sole discretion), it shall exercise reasonable care and skill.
3.2 Notwithstanding anything to the contrary in this Agreement or otherwise:
- i)- Time shall not be of essence in the performance of the Services;
- ii)- BA shall use its reasonable efforts, but shall not be obliged, to provide the Services. BA shall not be responsible, and shall incur no liability, loss or otherwise, to the Candidate should it fail to make an Introduction;
- iii)- All warranties or other terms implied by statute or otherwise shall not apply to this Agreement, including but not limited to those implied by the Supply of Goods and Services Act 1982 and the Consumer Protection Act 1987;
- iv)- BA shall use reasonable endeavours to procure suitable Work opportunities for the Candidate. Notwithstanding the foregoing, the Candidate undertakes and acknowledges that it has the sole and exclusive responsibility and liability of satisfying itself as to the suitability of the Employer including, without limitation, undertaking its own review and verification of the Employer’s business role, business and Work generally, before agreeing the Engagement.
- v)- In relation to this Agreement and all matters arising out of or in connection with this Agreement, BA shall not, at any time, be liable to the Candidate (or any other third party) for all and any:
-
- 1. loss, claim, liability, expense, damage, delay or otherwise arising from the unsuitability, incompetence, breach, negligence, dishonesty, omission, misconduct or otherwise of any Employer;
- 2. indirect, special or consequential losses; and/or
- 3. whether direct or indirect: loss of profit; loss of revenue; loss or corruption of data; loss or corruption of software or systems; loss or damage to equipment; loss of use; loss of production; loss of contract; loss of commercial opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill; and/or wasted expenditure.
- vi)- The Candidate, together with the Employer, shall be responsible for: obtaining any work and other permits (if relevant); arranging any medical examinations and/or investigations into the Candidate’s medical history, to satisfy any medical and other requirements or qualifications required by law, the Employer and/or any regulatory (or equivalent) body;
- vii)- The Candidate shall indemnify BA against all and any losses, claims, liabilities and otherwise, that BA suffers, under statute, common law, tort or otherwise, by reason of any act, misconduct or omission by the Candidate in connection with the Introduction, Engagement or any other matter under or in connection with this Agreement;
- viii)- The Candidate undertakes not to, at any time, whether directly or indirectly, divulge to any person, nor use for its own or any other person’s benefit, any confidential information relating to BA, its employees, business affairs, transactions, finances or otherwise; and
- ix)- The Candidate shall, at all times and in all circumstances, comply with the Bribery Legislation.
4. Termination
4.1 BA may terminate this Agreement with immediate effect without liability to pay any fee, compensation or damages, by written notice to the Candidate if, at any time:
- i)- the Candidate commits any serious or repeated breach or non-observance of any of the terms or conditions of this Agreement;
- ii)- the Candidate is guilty of any act of fraud or dishonesty or acts in any manner which, in the opinion of BA, brings or is likely to bring the Candidate and/or BA into disrepute and/or is materially adverse to the interests of BA; or
- iii)- the Candidate becomes bankrupt, makes an arrangement or composition with its creditors or is subject to another analogous process.
4.2 Subject to the parties continuing rights and obligations on termination of this Agreement, as per clause 4.3 below, either party may terminate this Agreement on 90 (ninety) days’ written notice to the other party.
Notwithstanding anything else to the contrary in this Agreement, the following clauses shall survive any termination of this Agreement: Recitals, Definitions, 1.2; 1.3; 1.4; 1.5; 1.6; 2.1; 2.2; 3.2; 4.3; and 5.
5. Miscellaneous
5.1 BA will not be in breach of this Agreement if there is any total or partial failure of performance by it of its duties and obligations under this Agreement, occasioned by any act of God, fire, act of government or state, war, viral pandemic, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies and any other reason beyond BA’s control.
5.2 Any remedy or right conferred upon BA for breach of this Agreement, will be in addition to and without prejudice to all other rights and remedies available to it. No failure, delay or omission by BA in exercising any remedy, right, power or privilege under or in relation to this Agreement, will operate as a waiver of that or any other right, power, remedy or privilege of BA, nor will any single or partial exercise of any right, power, remedy or privilege preclude any other or further exercise of that or any other right, power, remedy or privilege.
5.3 BA shall be entitled to set-off, counterclaim, deduct and/or withhold, any monies that may be due to it, against all and any monies that may be due to the Candidate.
5.4 No person who is not a party to this Agreement shall have the right, under the Agreements (Rights of Third Parties) Act 1999 to enforce any of these terms.
5.5 These terms supersede all previous trading terms, agreements, understandings and arrangements between the parties, whether in writing or oral.
5.6 All notices to be served under this Agreement shall be served by first class prepaid post or by e-mail at the registered office or principal trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
5.7 Each party acknowledges that it has not entered into this Agreement or any documents entered into pursuant to this Agreement, in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement, except in the case of fraudulent misrepresentation. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in this Agreement. Nothing in this Agreement purports to limit or exclude any liability for fraud.
5.8 The Candidate shall, at BA’s request, do all acts and execute all documents to give full effect to this Agreement.
5.9 No addition to or variation, consensual cancellation or novation of this Agreement shall be of any force or effect unless reduced to writing and signed by both parties. Notwithstanding the foregoing, BA reserves the right to review and to revise this Agreement with prior notice to the Candidate.
5.10 The construction, validity and performance of these terms and this Agreement shall be governed by English Law and any dispute thereof, shall be subject to the exclusive jurisdiction of the Courts of England & Wales.
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