Acceptance of terms and conditions
A Candidate will be deemed to have accepted and agreed to these Terms and Conditions, when they submit their CV to BRYAN RECRUITMENT Agency or by virtue of their registration on our Website www.bryanrecruitmentagency.co.uk or BRYAN RECRUITMENT provides Recruitment Services to the Candidate.
Definitions
In these Terms and Conditions, the following words will have the following meanings:
Affiliate in relation to a Party, any person that Controls, is Controlled by, or is under common Control with that Party.
Agreement the Agreement containing these Terms and Conditions.
Candidate any person who approaches BRYAN RECRUITMENT, or is approached by BRYAN RECRUITMENT with a view to being Introduced to its Clients for job opportunities;
Client any person, firm or company who approaches BRYAN RECRUITMENT AGENCY with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to whom a Candidate is Introduced by BRYAN RECRUITMENT AGENCY.
Introduce (or Introduction) the provision to a Client of a curriculum vitae or any other details, whether written or oral, of the Candidate, whether or not the Candidate had knowledge of that Client before the Introduction.
Party (or Parties) BRYAN RECRUITMENT AGENCY and the Candidate, and ‘Party’ will mean either one of them.
Recruitment Services the provision of recruitment services by BRYAN RECRUITMENT AGENCY.
BRYAN RECRUITMENT AGENCY provides Recruitment Services, subject to the terms and conditions of this Agreement.
The Recruitment Services are provided to the Candidate free of charge, on the basis that BRYAN RECRUITMENT AGENCY may be paid a fee by its Client.
BRYAN RECRUITMENT AGENCY does not represent, warrant or undertake to find a suitable position for the Candidate. Furthermore BRYAN RECRUITMENT AGENCY is under no obligation to forward a Candidate’s details to a Client where the Candidate is in BRYAN RECRUITMENT AGENCY’s reasonable opinion unsuitable.
If the recruitment process includes an online application form, BRYAN RECRUITMENT AGENCY may complete the application form on a Candidate’s behalf. In those circumstances BRYAN RECRUITMENT AGENCY will email the Candidate a list of the questions to be answered, and will use the answers provided to complete the online application form.
BRYAN RECRUITMENT AGENCY may review a Candidate’s CV and reserves the right but has no obligation to correct grammatical and spelling errors contained therein and redact Personal Data prior to submitting it to a Client. BRYAN RECRUITMENT AGENCY will perform CV editing in the event that a candidate CV has no personal profile introduction or lacks basic job descriptions suitable for job applications. ALL editing will need to be thoroughly checked by the recruiter and then approved by the candidate before sending to the client. We also provide CV writing services for any industry for any candidate or applicants who do not have a CV.
Unless otherwise agreed in writing, BRYAN RECRUITMENT AGENCY nor the Client is responsible for any out of pocket expenses including travel, parking and accommodation incurred by the Candidate in attending an interview with a Client. For the avoidance of doubt, if a Client agrees to reimburse a Candidate in respect of interview expenses the arrangement is a private one between the Candidate and the Client.
Candidate obligations
The Candidate will provide BRYAN RECRUITMENT AGENCY with:
• A full and accurate Curriculum Vitae
• Copies of qualifications and membership of professional bodies (if requested);
• Full and accurate information in response to a request under clause
• The Candidate acknowledges edits and agrees that by submitting his Curriculum Vitae to BRYAN RECRUITMENT AGENCY
• Authorizes BRYAN RECRUITMENT AGENCY to act on his behalf for the purpose of the Recruitment Services;
• Authorizes the disclosure of his CV, and other relevant information including qualifications to Clients and prospective Clients of BRYAN RECRUITMENT AGENCY. BRYAN RECRUITMENT AGENCY will not forward your Curriculum Vitae onto a Client without your prior consent.
• The Candidate will notify BRYAN RECRUITMENT AGENCY immediately on the occurrence of the first of the following events:
• Accepts an offer of employment from the Client; or
• The commencement of an Engagement with a Client
• Including any Affiliate of the Client
If requested by BRYAN RECRUITMENT AGENCY, a Candidate will provide names and full contact details of at least two referees whom the Candidate agrees BRYAN RECRUITMENT AGENCY and/or its Client may approach for the purpose of obtaining a reference for the Candidate.
The Candidate will inform BRYAN RECRUITMENT AGENCY immediately if he becomes aware of any circumstances which would render such Engagement detrimental to his interests or those of BRYAN RECRUITMENT AGENCY and/or the Client. During the Recruitment Services, the Candidate will not engage in conduct which may have a detrimental impact on the reputation of BRYAN RECRUITMENT AGENCY or any Client.
It is acknowledged by the Candidate that our Client has the responsibility for review of Curriculum Vitae, the shortlisting of potential candidates for interview and any job offers.
BRYAN RECRUITMENT AGENCY gives no warranty as to the suitability of an Engagement for a Candidate. The Candidate will satisfy himself as to the suitability of the Client as a potential employer and the suitability of the job title and job specification before attending any interview or accepting a job offer.
BRYAN RECRUITMENT AGENCY is not liable to the Candidate for any loss, injury, damage, expense or delay incurred or suffered by the Candidate arising directly or indirectly from or in any way connected with the Introduction to or the Engagement, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of BRYAN RECRUITMENT AGENCY.
In particular, but without limiting the generality of the foregoing, BRYAN RECRUITMENT AGENCY will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:
Any failure of the Client to meet the Candidate’s requirements;
Any act or omission of a Client, whether willful, negligent, fraudulent, dishonest, reckless or otherwise including the Client’s failure to:
• Respond or rejection of your job application
• Contact BRYAN RECRUITMENT AGENCY to confirm an interview after requesting an interview is arranged
• Attend a confirmed interview
• Provide any feedback after an interview
• The withdrawal by a Client of an oral or written job offer; or
• Any loss, injury, damage, expense or delay suffered by a Candidate.
BRYAN RECRUITMENT AGENCY is not liable to the Candidate in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Candidate of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
Without prejudice to the other remedies or rights a Party may have, either Party may terminate this Agreement, at any time, on not less than 14 days written notice to the other Party.
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Any notice to be given under this Agreement will be in writing and will be sent by first class mail to the address of the relevant Party.
Applicable law and jurisdiction
The validity, construction and performance of this Agreement is be governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.