Please read and accept the following terms and conditions in order to proceed
1. Any introduction of a Candidate to a Client by Sai - Donne will be upon the terms
and conditions contained herein
2. In these terms and conditions :
(a)
"Sai - Donne " means Sai - Donne Limited (6612452) whose principal place of business and registered address is 4 Eastacombe
Rise Heanton Punchardon Devon EX31 4DG and/or Sai - Donne Recruitment
(b)
A "Client’’
is any person, firm, partnership, company or other organisation who contacts Sai
- Donne for the purpose of the employment of any person by the Client, or the engagement
by the Client of any person as an independent contractor, including by means of
any information available to a Client by use of the search facilities contained
in this website or to whom a Candidate is introduced by Sai - Donne
(c)
A "Candidate’’
is a person introduced by Sai - Donne to a Client for the purpose of the employment
of that person by the Client, or the engagement by the Client of that person as
an independent contractor
(d)
"Remuneration’’ means the capitalised value in pounds
sterling per annum of the total predicted gross remuneration in all and any form
or forms (including but not limited to any bonuses, commissions, premiums, holiday
pay, living and/or accommodation allowances relocation allowances and any other
taxable benefit) payable to or receivable by the Candidate from a Client during
the first twelve months of the employment or engagement
(e)
A "Week’’ means seven consecutive
days
(f)
A "Month’’ means a calendar month
3. Sai - Donne is an employment agency within the meaning of Section 13.(1) and (2)
of the Employment Agencies Act 1973. Sai - Donne is not an employment business within
the meaning of Section 13.(1) and (3) of the Employment Agencies Act 1973
4. Sai - Donne will provide the Client with services and in return the Client agrees
to comply with these Terms and Conditions
5. Clients and Candidates may use this website provided that they accept and agree
these Terms and Conditions. Use of this website constitutes acceptance of and agreement
with Sai - Donne to comply with these Terms and Conditions
6. Acceptance of these Terms and Conditions shall constitute a legal and binding Agreement
between the Client and Sai - Donne and such Agreement shall be subject to the Terms
and Conditions herein contained
7. The Agreement shall take effect from the time of the acceptance by the Client of
these Terms and Conditions
8. In these conditions words importing the singular shall include the plural and vice
versa and words importing the masculine gender shall include the feminine gender
and vice versa
9. References to any statute or instrument with legislative effect shall include that
statute or instrument as amended modified or re-enacted from time to time
10. In the event of any conflict between these Terms and Conditions and any other terms
and conditions, these Terms and Conditions shall prevail
11. It is the responsibility of Clients and Candidates to download and print a copy
of these Terms and Conditions on acceptance thereof
12. In an effort to ensure that service levels are constantly improved Sai - Donne may
record or monitor telephone conversations for training and research purposes
13. To ensure that our policy is operating effectively (and for no other purpose) Sai
- Donne maintains records of all employees’, applicants’ and candidates’ racial
origins, gender, disability and age
14. Ongoing monitoring and regular analysis of such records provide the basis for appropriate action to eliminate unlawful direct and indirect discrimination and promote equality. All employees, applicants and candidates agree to provide Sai-Donne with details of their racial origin, gender, any disability and age.
15. Site usage is monitored and Sai - Donne reserves the absolute right to prevent any
person company body or other organisation whatsoever from accessing this website
or to refuse or terminate registration to the website or any part of the website
should these terms and conditions of use be breached. Any such user shall be notified
and must not then attempt to use this website under any other name or through any
other user
16. This website belongs to and is controlled by Sai - Donne
17. The information in this website is as provided to Sai - Donne
18. The information contained in this website is given without responsibility on the
part of Sai - Donne or their employees. The information is believed to be correct
but the accuracy is not guaranteed and it does not obviate the need to make appropriate
searches enquiries and inspections
19. Sai - Donne makes no representation or warranty in respect of the accuracy of any
information contained on this website and expressly disclaims any obligation to
remedy any inaccurate information
20. Sai - Donne shall have no liability or responsibility for any errors or omissions
in the content of this website
21. Transmission of information over the internet may be subject to arbitrary delays
beyond Sai - Donne’s control which may delay the provision of our services or compliance
with a Client’s requirements. The Client acknowledges that Sai - Donne shall be
not be liable to a Client or any other party for any losses arising from such delay
22. In no event will Sai - Donne be liable for any consequential loss including but
not limited to special incidental, direct or indirect damages resulting from delay
or loss of use of our internet services. Sai - Donne are not responsible for any
damage to any computer, software, modem, telephone or other property resulting from
use of our services
23. Sai - Donne will not be liable to a Client or any other party for any loss or damage,
direct, indirect or consequential, arising from
(i) any inaccuracy or incompleteness
in, or delays, interruptions, errors or omissions in the delivery of the information
supplied through this internet site or
(ii) any decision made or action taken by
a Client or any other party in reliance upon the information
24. No-one using this website must use the website in any way that causes, or is likely
to cause, the website or access to it to be interrupted, damaged or impaired in
any way
25. No-one using this website must use or attempt to use any automated program (including,
without limitation, any spider or other web crawler) to access our system or this
website, or to search, copy, monitor, display or obtain links to any part of this
website
26. Obtaining access to any part of Sai - Donne’s system or this website by means of
any such automated programs is strictly unauthorised
27. No-one using this website must make or attempt to make any deletions or additions
(save where completing any form supplied by Sai - Donne) or notifications, adjustments
or alterations to any of the data or information or the systems or the databases
contained or connected in any other way related to this website
28. If a Client is unsure whether their proposed use of the information infringes these
rights the Client should contact Sai - Donne by e-mail
29. This website may contain links to other websites that do not belong to Sai -
Donne
30. Sai - Donne shall have no responsibility or liability in any way whatsoever for
the content of any linked or other website or for the consequences of its use
31. Sai - Donne gives no assurances that information obtained from this website or any
other website linked connected or associated in any way will be supplied virus free
32. Sai - Donne hereby expressly excludes all liabilities in respect of inaccurate or
incomplete information in this website or any other website linked connected or
associated in any way howsoever arising including (without limitation) those arising
as a result of inaccuracies in the information provided to Sai - Donne by any person
company body or other organisation whatsoever
33. Sai - Donne are not responsible for the content or reliability of any linked web
sites. Sai - Donne do not necessarily endorse the views expressed in them. Sai -
Donne cannot guarantee that these links will function all of the time and Sai -
Donne have no control over the availability of the linked pages
34. Sai - Donne gives no warranty as to the suitability of any Candidate
35. Sai - Donne will introduce Candidates who are Solicitors, Barristers, Legal Executives
and Paralegals and Secretarial and Clerical and other staff seeking employment in
an environment connected with the provision of legal services for long term employment
and all locum assignments
36. It shall be the responsibility of the Client to satisfy itself as to the suitability
of any Candidate for the vacancy or opening which the Client requires to be filled
37. It shall be the responsibility of the Client to verify qualifications stated by
a Candidate, to ensure that all necessary requirement in connection with the employment
or engagement are satisfied, and to obtain references
38. Sai - Donne gives no guarantee to find a suitable Candidate for a Client
39. Advertising fees will be subject to prior agreement confirmed in writing as a separate
and additional item to the introduction fee. Advertising fees are payable by the
Client whatever the result of the advertising
40. Clients will provide Sai -Donne with details of :
(a)
the identity of the Client and,
if applicable, the nature of the Client’s business ;
(b)
the date on which the Client
requires a Candidate to commence work and the duration, or likely duration, of the
work ;
(c)
the position which the Client seeks to fill, including the type of work a
Candidate in that position would be required to do, the location at which and the
hours during which he would be required to work and any risks to health or safety
known to the Client and what steps the Client has taken to prevent or control such
risks ;
(d)
the experience, training, qualifications and any authorisation which the
Client considers are necessary, or which are required by law, or by any professional
body, for a Candidate to possess in order to work in the position ;
(e)
any expenses
payable by or to the Candidate ;
(f)
the minimum rate of remuneration and any other
benefits which the Client would offer to a person in the position which it seeks
to fill, and the intervals at which the person would be paid ;
(g)
where applicable,
the length of notice which a Candidate in such a position would be required to give,
and entitled to receive, to terminate the employment with the Client
41. Candidates will provide Sai -Donne with details of :
(a)
the identity of the Candidate
;
(b)
the Candidate’s experience, training, qualifications and any authorisation which
the Client considers are necessary, or which are required by law or by any professional
body, to work in the position which the Client seeks to fill ; and
(c)
the Candidate’s
willingness to work in the position which the Client seeks to fill
42. Candidates will provide Sai -Donne with :
(a)
copies of any relevant qualifications
or authorisations of the Candidate
(b)
two references from persons who are not relatives
of the Candidate and who have agreed that the reference they provide may be disclosed
to the Client, and offered to provide copies thereof to the Client
43. Sai - Donne offers to forward to the Client copies of any relevant qualifications
or authorisations provided to Sai - Donne by the Candidate and copies of two references
from persons who are not relatives of the Candidate and who have agreed that the
reference they provide may be disclosed to the Client
44. The Candidate undertakes to provide Sai - Donne with full details of all approaches
received in respect of employment and any other engagement and will keep Sai - Donne
fully informed of all dealings in connection with such approaches including but
not limited to interviews, offers and acceptances
45. An introduction shall be deemed to have taken place where Sai - Donne provides to
the Client any information as a result of which a Client becomes aware of a Candidate
including any information available to a Client by use of the search facilities
contained in this website and submissions of Candidates details by Sai - Donne to
a Client by telephone post fax email or by any other method of communication
46. An introduction shall be deemed to have been effected when Sai - Donne provides
information to the Client in respect of a Candidate directly or through the Client
accessing information Sai - Donne makes available online
47. Where there is more than one introduction occurring regarding a Candidate, for the
purpose of calculating any period of time which runs from the time of an introduction,
the period shall run from the time of the most recent introduction
48. The Client undertakes to keep all details of Candidates provided by Sai - Donne
to the Client in the strictest confidence and the Client undertakes not to disclose
either directly or indirectly such details to any other person, firm or company
except to any officials of the Client to whom disclosure is necessary for the purpose
of the introduction or any offer of employment or engagement
49. The Client undertakes to immediately notify Sai - Donne of any offer of employment
or other engagement it makes to a Candidate introduced by Sai - Donne
50. The Client undertakes on request from Sai - Donne to provide to Sai - Donne a copy
of any offer of employment or other engagement made by a Client to a Candidate
51. The Client undertakes to immediately notify Sai - Donne of acceptance by a Candidate
of any offer of employment or other engagement a Client makes to a Candidate introduced
by Sai - Donne such notification to be by telephone e-mail or fax and immediately
confirmed by letter
52. The Client undertakes to pay to Sai - Donne an introduction fee which shall become
due and payable immediately upon the commencement of the employment or other engagement
of a Candidate introduced to the Client by Sai - Donne. Value Added Tax shall be
payable thereon at the rate prevailing as at the date of the commencement
53. Upon receiving notification by a Client of acceptance by a Candidate of any offer
of employment or other engagement Sai - Donne will send an invoice to the Client.
The introduction fee and any advertising or other fee shall be paid by the Client
within 28 days of the liability arising whether or not an invoice is raised by Sai
- Donne and whether or not an invoice is received by the Client. Time for payment
shall be of the essence
54. The introduction fee payable by a Client to Sai - Donne shall be Fifteen per cent
(15%) of the remuneration payable by the Client to the Candidate during the first
12 months of the employment or other engagement of a Candidate introduced to the
Client by Sai - Donne whether or not the employment or engagement commences within
such period
55. In the event that the employment or other engagement of a Candidate introduced to
the Client by Sai - Donne shall be less than 12 months the introduction fee payable
by a Client to Sai - Donne shall be Fifteen per cent (15%) of the remuneration payable
by the Client to the Candidate during the period of the employment or other engagement
56. A company car will be assessed to have a value according to it make model and age
with a minimum value of £5,000
57. In the event that the remuneration has not been calculated at the time of the commencement
of the employment or other engagement of a Candidate introduced to the Client by
Sai - Donne the Client undertakes to pay to Sai - Donne an introduction fee based
upon a remuneration of £25 an hour for 35 hours a week
58. Refunds and rebates are not applicable by virtue of the provisions contained in
Conditions 54 - 57 hereof
59. The Client undertakes on request from Sai - Donne to immediately provide to Sai
- Donne full details of remuneration payable to or receivable by the Candidate from
a Client
60. If at any time during the first 12 months following the acceptance by a Candidate
of an offer of employment or other engagement by a Client there is an increase in
the remuneration the Client undertakes to immediately provide to Sai - Donne full
details thereof and the fee payable to Sai - Donne by a Client shall be revised
and the revised figure shall become due and payable by the Client to Sai - Donne
as if the revised figure had been the original figure payable under the provisions
herein
61. The Client undertakes that if directly or indirectly within 12 months of the introduction
of any Candidate to the Client, the Client introduces a Candidate to any other person,
firm, partnership, company or other organisation of any nature whatsoever whereby
an offer of employment or other engagement is made to a Candidate, the Client shall
pay to Sai - Donne an introduction fee in accordance with the provisions herein
62. Without the prior consent of Sai - Donne in writing the Client undertakes not to
directly or indirectly or whether by or for itself or through or for the benefit
of any other person, firm or company throughout the period of twelve months following
the introduction by Sai - Donne introduce any Candidate to another employment agency
or other competitor of Sai - Donne, nor introduce any Candidate to another employer
who subsequently employs or engages the Candidate in any manner whatsoever. Upon
any breach by the Client of this sub-clause the Client will immediately pay to Sai
- Donne a sum in respect of each relevant Candidate equal to the fees which would
have been payable to Sai - Donne if the Client had employed or engaged the relevant
Candidate or Candidates
63. There is no fee payable by Candidates
64. The Client undertakes not to approach any Candidate’s current employer until the
Client has made and the Candidate has accepted a written offer of employment or
other engagement
65. Sai - Donne reserves the right to claim interest under the Late Payment of Commercial
Debts (Interest) Act 1998 if the Client fails to pay any sum due within the time
agreed
66. Interest on late payments shall accrue from day to day and shall be charged at 4%
above the base rate from time to time of HSBC Bank Plc
67. In consideration of the terms of this Agreement with Sai - Donne the Client hereby
undertakes to indemnify Sai - Donne from and against all liability for any loss
or damage sustained by the Client or a Candidate or any other person in connection
with the employment or other engagement including but not limited to any advertisement
from any cause whatsoever
68. Sai - Donne shall not be liable to the Client or any Candidate for any loss or damage
whatsoever arising in any manner whatsoever from the employment or other engagement
of any Candidate introduced by Sai - Donne to the Client
69. Sai - Donne shall not be held to be in breach of its obligations in relation to
supplying an introduction nor liable for any loss or damage which may be suffered
by a Client or a Candidate due to any cause beyond Sai - Donne’s reasonable control
70. Sai - Donne’s liability in contract, tort or otherwise arising out of or in connection
with the performance or observance of its obligations under these Conditions shall
be limited to the amount of the fee paid by the Client to Sai - Donne in respect
of the individual introduction
71. In any event Sai - Donne shall not be liable in contract, tort or otherwise for
any loss of business, contracts, profits or anticipated savings or for any indirect
incidental or special loss whatsoever
72. Sai - Donne shall not be liable for loss of business resources, lost profits or
any punitive, indirect, consequential, special or similar damages whatsoever, whether
in contract or tort or otherwise, even if advised of the possibility of such damages
incurred by a Client or any other party
73. Each of paragraphs herein limiting or excluding liability operate separately and
shall survive independently of the other paragraphs
74. Nothing shall exclude or restrict liability for death or personal injury resulting
from the negligence of Sai - Donne or its employees while acting in course of their
employment
75. The Client undertakes to comply with all relevant regulations, codes of practice
and statutory and common law requirements and to maintain adequate Employers Public
Liability Insurance and other relevant insurance and acknowledges the right of Sai
- Donne to inspect a copy of the relevant documents
76. The Client hereby undertakes to provide Sai - Donne with a copy of a current health
and safety risk assessment relevant to the employment or other engagement location.
If such risk assessment is unavailable, the Client hereby undertakes to provide
Sai - Donne with all information requested by Sai - Donne relating to health and
safety risks at the employment or other engagement location
77. Any notice required or permitted to be given by either party to the other under
these conditions will be in writing addressed to the other party at its registered
office or principal place of business or such other address as may at the relevant
time have been notified pursuant to this provision to the party giving the notice
78. No failure or delay by Sai - Donne in exercising any of its rights under this Agreement
will be deemed to be a waiver of that right, and no waiver by Sai - Donne of any
breach of this agreement by the Client will be considered as a waiver of any subsequent
breach of the same or any other provision
79. Nothing in this Agreement is intended to confer on any person or any rights to enforce
any term of this Agreement which that person would not have had but for the Contracts
(Rights of Third Parties) Act 1999
80. Sai - Donne is committed to providing equal opportunities in employment, both as
a direct employer and as a recruitment consultancy acting on behalf of Clients.
All work applicants to Sai - Donne, our current and ex-employees and candidates
will all receive equal treatment regardless of race, colour, ethnic or national
origins, sex, marital status, age (actual or perceived), sexual orientation (actual
or perceived) and disability
81. Internally the policy covers all aspects of employment, from vacancy advertising,
selection, recruitment and training to conditions of service and reasons for termination
of employment
82. Where we are acting on behalf of Clients as a Recruitment Consultancy, all our consultants
are required to comply with this policy. They are required to take whatever measures
necessary to ensure that Clients are made aware of our policy and that each candidate
is dealt with purely based on their ability to perform the work in question and
to meet the criteria of the work specification set by the Client
83. In the event of the breach of this Agreement by the Client, the Client undertakes
to indemnify Sai - Donne in respect of all legal costs and other expenses incurred
by Sai - Donne in relation to the breach
84. This Agreement and the conditions contained herein constitutes the entire agreement
between the relevant parties, supersedes any previous agreement and may not be varied
save in writing between the relevant parties. All other terms and conditions express
or implied by statute or otherwise are excluded to the fullest extent permitted
by law
85. In the event that any provision herein or any part of any provision herein shall
be held unlawful or invalid for whatever reason it shall be deleted or such modification
made as may be necessary to make it valid and enforceable and so that the remaining
provisions herein shall continue in full force and effect
86. If any provision of this Agreement is held by any competent Authority to be invalid
or unenforceable in whole or in part, the validity of the other provisions of these
conditions and the remainder of the provision in question will not be affected
87. Sai - Donne may revise these Terms without prior notice
88. Sai - Donne reserve the right to make changes to our website, policies, and these
Terms and Conditions of at any time. The Client will be subject to the Terms and
Conditions in force at the time that the Client uses the website or that the Client
uses our services, unless any change to these Terms and Conditions is required to
be made by law (in which case it will apply to use previously made by the Client)
89. In addition to the Agreement created by Clients and Candidates accepting these Terms
and Conditions Clients and Candidates agree to download print and sign a copy of
these Terms and Conditions and send the signed copy to Sai - Donne within one month
of the commencement of this Agreement
90. Prior to using this website, or any linked website, or using any information provided
by Sai - Donne in any way, all Clients and Candidates must agree to be bound by
these Terms and Conditions
91. By clicking the Accept button below all Clients and Candidates confirm their agreement
to be bound by these Terms and Conditions
92. Sai - Donne has no authority to enter into any contract on behalf of Clients or
Candidates
93. It shall be the responsibility of Clients and Candidates to provide Sai - Donne
with information sufficient to ensure compliance with the provisions of the Employment
Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses
Regulations 2003 and in particular : -
CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES REGULATIONS 2003
SCHEDULE 4
Regulation 29
PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING
TO CANDIDATES
1. Date application received.
2. Candidate’s name, address and, if under 22, date
of birth.
3. Any terms which apply or will apply between the agency or employment
business and the Candidate, and any document recording any variation thereto.
4.
Details of the Candidate’s training, experience, qualifications, and any authorisation
to undertake particular work (and copies of any documentary evidence of the same
obtained by the agency or employment business).
5. Details of any requirements specified
by the Candidate in relation to taking up employment.
6. Names of Clients to whom
the Candidate is introduced or supplied.
7. Details of any resulting engagement
and date from which it takes effect.
8. Copy of any contract between the Candidate
and any Client entered into by the agency on the Candidate’s behalf.
9. Date application
withdrawn or contract terminated (where applicable).
10. In the case of an agency
that is permitted to charge fees to Candidates, dates of requests by the agency
for fees from the Candidate and of receipt of such fees, with copy statements or
invoices, numbers and amounts; or, as appropriate, statements of dates and amounts
of sums deducted from money received by the agency on the Candidate’’s behalf in
accordance with regulation 25, to the extent that these are not required to be comprised
in records maintained in respect of a client account in accordance with paragraph
12 of Schedule 2.
11. Details of enquiries made under regulations 19, 20 and 22
about the Candidate and the position concerned with copies of all relevant documents
and dates they were received or sent as the case may be.
SCHEDULE 5
Regulation 29
PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING
TO CLIENTS
1. Date application received.
2. Client’s name and address, and location of employment
if different.
3. Details of the position(s) the Client seeks to fill.
4. Duration
or likely duration of work.
5. Experience, training, ability, qualifications, and
authorisation required by the Client, by law, or by any professional body; and any
other conditions attaching to the position(s) the Client seeks to fill.
6. The terms
offered in respect of the position(s) the Client seeks to fill.
7. Copy of the terms
between the agency or employment business and the Client, and any document recording
any variation thereto.
8. Names of Candidates introduced or supplied.
9. Details
of enquiries under regulations 18 and 20 about the Client and the position the Client
seeks to fill, with copies of all relevant documents and dates of their receipt.
10. Details of each resulting engagement and date from which it takes effect.
11.
Dates of requests by the agency or employment business for fees or other payment
from the Client and of receipt of such fees or other payments, and copies of statements
or invoices.
94. Clients and Candidates agree that Sai-Donne may contact them by e-mail for all purposes
95. The Client hereby declares that having read and understood the terms of this Agreement the Agreement is fair and reasonable and the Client accepts the risk and acknowledges that it is the sole responsibility of the Client to arrange insurance to cover the risk
96. The Terms and conditions contained herein shall be governed by and construed in accordance with the laws of England and Wales and the Client agrees irrevocably to submit to the exclusive jurisdiction of the Courts of England and Wales