Terms and Conditions

Welcome to Best in Jobs

EMPLOYMENT AGENCY CANDIDATE TERMS AND CONDITIONS

In accordance with The conduct of Employment Agencies and Employment Businesses Regulations 2013, Best in jobs limited will it as an employment agency or bleak employers

1. Definitions and Interpretation

   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Agency”	means Best in Jobs a company registered in United Kingdom under number 12973519 whose registered office is at 27 Hornsby Square, Basildon, SS15 6SD
“Candidate”	means any person using the Services for the purposes of finding a permanent full time employment position;
“Client”	means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced;
“Services”	means the employment agency services provided by the Agency to the Candidate as set out in these Terms and Conditions.

• Unless the context otherwise requires, each reference in these Terms and Conditions to:
  • “writing”, and any cognate expression, includes a reference to any communication effected by electronic transmission or similar means;
  • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  • “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
  • a Schedule is a schedule to these Terms and Conditions;
  • a Clause or paragraph is a reference to a Clause of these Terms and Conditions;
  • a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
• The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
• Words imparting the singular number shall include the plural and vice versa.
• References to any gender shall include any other gender.

2. The Contract
   • Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by Director of the Agency.
   • The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon their submission of any information or data to the Agency.
   • Accordingly, a contract on these Terms and Conditions shall be deemed to come into existence between the Agency and the Candidate, following receipt of these Terms and Conditions by the Candidate, upon submission by the Candidate to the Agency of any information or data.
   • The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency shall make reasonable efforts to notify Clients and the Candidate of the occurrence and the details of any such changes.
   • These Terms and Conditions supersede all previous terms of business.

3. The Services
   • The Candidate shall have the facility to browse vacancy advertisements and apply for any vacancies that it so chooses.
   • The Agency shall provide its services to the Candidate as an employment agency and at no cost to the Candidate.
   • Whilst the Agency shall use its reasonable endeavours to inform the Candidate of vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available or that it shall inform the Candidate of all or any particular available vacancies.
   • Whilst the Agency requires its Clients to ensure that all information that the Clients provide to it is complete, accurate and up-to-date, the Agency does not undertake or guarantee that the vacancy advertisements and other information made available to the Candidate will be complete, accurate or up-to-date.

4. Vacancy Notifications
   • The Agency shall be under no obligation to send such emails and it does not give any guarantee with regard to the number of vacancies featured in each email.

5. Candidate Information
   • In order to use the Services, the Candidate must provide details and information which shall include, but not be limited to:
     • their identity;
     • contact information;
     • date of birth
     • qualifications (including, but not limited to, any required by law or any relevant professional body);
     • any necessary authorisations and permits;
     • training, experience and employment history;
     • references;

The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies.

• The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete, and up-to-date.
• In the event that the information submitted to the Agency by the Candidate becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.
• Where any of the information submitted to the Agency by the Candidate contains details which could be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to the Candidate submitting the information to the Agency.

6. Applications
   • When applying for a vacancy, the Candidate must ensure that they:
     • have read the complete details of the vacancy;
     • understand the requirements of the vacancy;
     • meet the requirements of the vacancy;
     • possess any requisite qualifications required by the vacancy; and
     • have obtained or applied for any relevant permits or authorisations.
   • When completing forms or any other application documents, the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.
   • In the event that the information submitted to the client details which may be used to identify a third party (including, but not limited to, referees) the candidate must obtain the permission of that third party to supply their details to the client prior to submitting the information.
   • Where any of the information submitted to a Client contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Client prior to submitting the information.
   • The Agency shall forward the Candidate’s details to Client’s for the purpose of the relevant vacancy only. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, they must submit separate applications for each vacancy.
   • The Agency reserves the right and the discretion to decline to forward any application by its Client if it considers them to be breach to these Terms and Conditions.
7. How We Use Your Personal Data (Data Protection)
   • All personal data that the Agency may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Candidate’s rights under the GDPR.
   • For complete details of the Agency’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Agency’s Privacy Notice available.
8. Liability
   • The Agency shall not be liable to the Candidate for any of the following:
     • The loss of any information, data, CVs or other materials submitted by the Candidate;
     • Any errors or inaccuracies present in the information presented to the Candidate including, but not limited to, vacancy advertisements;
     • The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;
     • Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
     • Any loss or damage of any kind, howsoever caused arising out of any material submitted to the Agency by the Candidate.

8.2       If the Agency is in breach of these Terms and Conditions, it shall only be responsible for any losses to the extent that they are foreseeable to both the Candidate and the Agency as a consequence of such breach. 8.3       Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability for death or personal injury arising out of its own negligence.

9. Indemnity

The Candidate shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services; its submission of any information set out in these Terms and Conditions or any other information; any applications it may submit to any Client; or any breach of any part of these Terms and Conditions.

10. Force Majeure

Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their 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 5 to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

11. Notices
    • All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Agency or by the Candidate.
    • 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; or
      • when sent, if transmitted by e-mail and a successful return receipt is generated; or
      • on the fifth business day following mailing, if mailed by national ordinary first class mail, postage prepaid.
    • All notices these Terms and Conditions shall be addressed to the most recent address or e-mail address notified to the other Party.
12. Relationship of Parties

Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent (other than the agency necessarily arising by law by virtue of the Agency acting as an employment agency), or of employer and employee between the Agency and the Candidate.

13. Third Parties

Nothing in these Terms and Conditions shall confer any benefit on or be enforceable by any party that is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.

14. Severance

In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

15. Modification

15.1     The Agency may modify these Terms and Conditions at any time. In the event that modifications are made, details of them will be published forthwith www.bestinjobs.com.Candidates will also receive an email detailing the modifications.
15.2     If the Candidate does not agree to be bound by any modified terms and conditions the Agency introduces, they should immediately cease using the Services upon publication of those modified terms and conditions.

16. Law and Jurisdiction
    • These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
    • Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.