Terms for the supply of service by MPLOYABLE CONSULTING LTD
IMPORTANT NOTICE: By clicking the “I Agree” button on our order Page, you agree to be bound by these terms and conditions of service and all order forms, estimates and incorporated policies (the “Contract”). Please note, Mployable Terms and Conditions of service are not available to persons who are not legally entitled to be bound by those Terms and Conditions.
Definitions and Interpretation:
“Agency” means Mployable Consulting Ltd, trading as Mployable (Company number 11734894) whose registered office is at Hendford Manor, Hendford, Yeovil, Somerset, United Kingdom, BA20 1UN
“Billing Month” means the billing cycle which will depend on the type of subscription that the Client has chosen when sign-up for the Services, as indicated on the engagement letter/Estimate
“Business Day” means any day other than a Saturday, Sunday or bank holiday in England and Wales
“Client/You” means any person, firm, organisation, or company who has purchased the Services or any representative of theirs
“Confidential information” means any information concerning either the Agency or the Client relating to their business methods, systems, plans, finances, or projects; their trade secrets; services and products; or any other information which is expressly described as confidential
“Contract” means the agreement entered between the Client and the Agency of the certain subscription the Client will enter into via the Website and subject to these Terms and Conditions and any other policies available on the Agency’s Website
“Estimate” means the details and costs of any additional services agreed between the Agency and the Client which falls outside the scope of the Services
“Party/Parties” means the Agency and the Client individually and collectively
“Proposal” means any proposal of description of the Services to be provided and reference to any engagement letter has the same meaning
“Services” means the employment and sourcing agency services as set out in these Terms and Conditions and any engagement letter provided by MPloyable Consulting Ltd to the Client
“Website” means www.mployable.co.uk
1) These Terms and Conditions apply to the provision of the services detailed on our Website and in any Proposal and/or Estimate sent to You (Services) by Mployable Consulting LTD a company registered in England and Wales under number 11734894 whose registered office is at Hendford Manor, Hendford, Yeovil, Somerset, BA20 1UN.
2) You are deemed to have accepted these Terms and Conditions when click on “Subscribe” button on the Website or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our Estimate (the Contract) are the entire agreement between us.
3) You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4) The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
5) Words imparting the singular shall include the plural and vice-versa.
6) We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the description on the Website and in any Estimate, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
7) We will use our reasonable endeavours to complete the performance of the Services; however, time shall not be of the essence in the performance of our obligations.
8) All these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
9) The Services are strictly to provide recruitment assistance in accordance to information provided by the Client. The Company is not liable for any individuals who are deemed unsuitable for the relevant recruitment campaign.
10) The Client shall ensure 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).
11) You must obtain any permissions, consents, licences or otherwise, required and provide access to any such information, materials, properties and other matters which the Agency needs to provide the Services as outlined in these Terms and Conditions and any other documents, such as Estimates, to you
12) If you do not comply with clauses 10 and 11, we can terminate the Services.
13) We are not liable for any delay or failure to provide the Services if this is caused by a Client’s failure to comply with the provisions of this section (Your obligations).
14) You will be responsible for the interview process and providing all relevant documentation if an offer has been made, including but not limited to, employment contracts, CRB checks, reference collection etc. unless otherwise agreed in writing
15) You will be responsible for the conduct of the selection process, ensuring that it is fair and meets with legal requirements. These include, but are not limited to, applying equality of opportunity and selection regardless of gender, age, sexual orientation, race, religion or belief or marital or civil partnership status. It will also be your responsibility to ensure that candidates have the right to work in the UK, with appropriate checks and immigration requirements met, as specified by UK Visas and Immigration.”
16) The Agency shall not verify, or otherwise check any details of any individuals who have been selected for a Client
Fees and Deposit
17)The fees (Fees) for the Services are set out on the Website and are on a time and materials basis.
18) All Fees are based on the principal sum divided by the number of months the Contract is for. Please refer to our Q&A for more detailed information on how the fees are calculated.
19) In addition to the Fees, we can recover from you:
- reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence, and any associated expenses,
- the cost of services provided by third parties and required by us for the performance of the Services, and
- the cost of any materials required for the provision of the Services.
20) You must pay us for any additional services provided by us that are specified in the Estimate in accordance with our current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. For more information of our current rates please visit our Website. The provisions of clause 19 also apply to these additional services.
21) All payments are made via direct debit, using “PayPal” or “GoCardless” at the start of each Billing month, for which a receipt/invoice will be provided electronically.
22) If for any reason, the Agency cannot take payment, all Services may be suspended upon us giving you notice until payment for the Services is received.
Amendment of Services
23) We can withdraw, cancel or amend any of our Services, if no acceptance is received by the Client, or in the event of Clause 22.
24) Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the Services or any Estimate, and in any event within 14 days of acceptance, unless the Agency has already started providing the Services.
25) Any amendments to the Services shall be done in writing as soon as possible. We will use reasonable endeavours to make any required changes to the Services. Please note that changes to services are likely to incur additional costs. Such costs will be included in the Fees and invoiced in accordance with Clause 20.
26) If, due to circumstances beyond our control, including those set out in the clause 47 any changes in the Services are made or required in the manner they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum payment.
27) Any additional work detailed in an Estimate and carried out will be invoiced separately and sent to the Client.
28) You must pay all invoices due within 7 days of the date of the invoice or otherwise in accordance with any credit terms agreed between us in writing.
29) If an invoice is not contested within 3 days of receipt, such invoice is deemed as accepted by the Client and is due in accordance with Clause 27.
30) Time for payment shall be of the essence of the Contract.
31) Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out in Clause 28, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding together with all compensation for debt recovery costs provided for under the Late Payment of Commercial Debts (Interest) Act 1998 until payment is received in full.
32) All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
33) If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
34) Receipts for payment will be issued by us only at your request.
35) All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
36) We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all our obligations to any third party.
37) All cancellations are subject to Clause 18. If the Client cancels the Contract before the end of this Contract, the Agency is entitled to full payment of the remaining Fee, subject to Clause 38 and 39.
38) All cancellation requests must be made in writing and within 30 days of the beginning of each Billing Month.
39) If the Agency terminates the Contract due to illness, injury or under clause 46, the Client will be informed as soon as possible in writing and all relevant Fees will be returned within 7 Business Days
40) We can terminate the provision of the Services immediately if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to make payment of any amount due under the Contract on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
41) We reserve all intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
42) Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
43) The total amount of our liability is limited to the total amount of Fees payable by you under the Contract for the relevant term of the current Contract duration.
44) We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or any Estimate for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
45) You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
46) Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party's control
47) Neither Party is liable for any failure or delay in performing it’s 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, health pandemic, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
48) All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
49) 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;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
50) All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
51) No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
52) If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
52) This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
This contract has been entered into on the date it is received.