I-Expatriate Online DMCC
CLIENT TERMS OF BUSINESS
We are I-expatriate Online DMCC of X3 Building, Cluster X, DMCC , Dubai we", "us", "our" and "ours" refers to I-expatriate and all branches of I-expatriate, for the purposes of this agreement, includes any subsidiary or associated company of I-expatriate.
You are a Client / Candidate or potential Client / Candidate of ours and are the recipient of these Terms of Business and "you", "your" and "yours" refers to you. For the purposes of this agreement "you" includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of yours.
By accepting or requesting any services or using information from us you are deemed to accept these Terms of Business (the "Terms"), which apply to all dealings between us relating to the business described in the Terms and override any terms proposed by you unless we have such terms in writing and agreed by a director of I-expatriate. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:
1. DEFINITIONS & MEANINGS
1.1 In these Terms the following words and phrases shall have the following meanings unless the context requires otherwise:
Additional Services means any recruitment related service as agreed between I-expatriate and the Client.
Advertisement means a notice designed to attract Applications from Candidates in relation to a Client's Requirement.
Applicant Tracking System means an online portal provide by I-expatriate allowing Client's to add new Requirements, search and review Applications, and coordinate their recruitment campaign.
Application means a written or verbal request by a Candidate to have their CV considered for a Client's Requirement.
Candidate means a person who applies for a I-expatriate advertised vacancy on any job board site, affiliated job board site or online site or through any electronic communication.
CV means the curriculum vitae or any other document which outlines the details of a Candidate's education, training, skills and employment experience which is provided to I-expatriate by a Candidate for distribution to Clients with a view to securing a Requirement.
CV Search means the process of searching CV databases for relevant Candidates.
Fees mean the fees and charges payable by the Client as specified in these Terms
Filtering means an automated and/or manual process of filtering and ranking Candidate Applications to provide a shortlist for a Requirement.
Intellectual Property means patents, trademarks, registered designs, design rights, service marks, and applications for any of the foregoing, trade
And business names, copyright and know-how.
Material Misrepresentation means any deliberate hiding or falsification of a fact which, if known to us, could have significantly altered the basis of the contract .
Requirement means a request from the Client in any form for I-expatriate to introduce a Candidate or provide any other advertising, searching or filtering service. For the avoidance of doubt I-expatriate is not acting as an employment agency as defined in the Employment Agencies Act 1973. I-expatriate is purely a venue for employers and Candidates to meet and is not involved in the actual transaction between Clients and Candidates.
Service means any service that I-expatriate provides to its Client under the terms of their contract.
1.2 All references to a statutory provision shall be construed as including references to:
(a) any statute, modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force;
(b) all statutory instruments or orders made pursuant to it; and
(c) any statutory provisions of which it is a consolidation, re-enactment or modification.
These Terms constitute the contract between I-expatriate and the Client and are deemed to be accepted by the Client by virtue of confirmation of your acceptance of these Terms, making payment, requesting an invoice to be raised, approving or amending the Requirement.
3. OUR OBLIGATIONS
3.1 We agree:
(a) to use all reasonable endeavours to locate Candidates for you to directly hire in accordance with your Requirements via an Advertisement and/or CV Search;
(b) to provide such Additional Services as may be agreed from time to time.
3.2 Whilst at all times we shall act in good faith, we give no guarantee or warranty that we will be able to locate any suitable Candidates, or that any Candidate is suitable for your purposes at any time. Refunds are not available in the event that no suitable Candidates are found.
4. YOUR OBLIGATIONS
4.1 You agree to accept these Terms and you acknowledge and agree that:
(a) Upon issuing a Requirement or as soon as reasonably practicable thereafter you shall provide to us sufficient and accurate information to enable us to locate Candidates;
(b) Your Requirement must be legal, decent, honest and truthful and not infringe the rights of any third party;
(c) You will act in good faith and in a business-like and courteous manner to us and Candidates;
(d) it is your responsibility to verify and satisfy yourself with the information we have provided to you to ensure that the Candidate is suitable for your purposes and to take up such references for Candidates as you think fit;
(e) It is your responsibility to ensure that the Candidate is eligible to work in requested country
4.2 By reason of your acceptance of responsibility and your warranties as set out in clauses
4.3(a) - 3(e) we shall not be liable for any loss or damage arising out of any representation made by us in good faith that may have induced you to accept a Candidate, or for any breach of contract, negligence or tort of the Candidate and you will fully indemnify and keep us so indemnified against any claim or action (including the costs thereof on an indemnity basis) brought by a Candidate or another business (of any kind) with which we have been dealing in relation to a Requirement arising from incorrect or incomplete information provided by you to us.
4.4 By accepting these terms you give us the right to market our services and products to yourself / your candidates. I-expatriate Online DMCC can market services it deems fit
5.1 You acknowledge and agree that:
(a) We may advertise your Requirement on any website or other media controlled by us or any affiliated third party, or enter into any agreement for the provision of services for the purpose of filling the Requirement;
(b) We may change websites we advertise your Requirement on without notice;
(c) We make no guarantee that your Advertisement will be accepted by certain websites;
(d) We are under no obligation to supply proof that your Requirement has been advertised;
(e) The Requirement can be viewed by anyone with Internet access throughout the world;
(f) We may need to modify the Advertisement in order to optimise your results for job board searching and to attract suitable Candidates;
(g) We are unable to make any amendments to a customer's Advertisement once processed;
(h) Advertisements will be branded 'I-expatriate ', and no active e-mail addresses or web links will be shown;
(i) Advertisements will be shown for up to 28 day period after which time they shall expire;
(j) Any Requirement which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race, disability or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or Disability Act or the Age Discrimination Act. A statement must be made at the time the Requirement is placed or Service used stating which of the exemptions in the Act(s) is considered to apply. I-expatriate reserves the right to refuse any Advertisement it considers illegal or inappropriate.
6. INTELLECTUAL PROPERTY
6.1 Applications will only be sent to the Client the Candidate intended.
6.2 We shall not share Applications with other Clients
6.3 We reserve the right to communicate with Candidates for marketing and promotional purposes.
6.4 The Advertisement we use remains the copyright of I-expatriate and you are not authorised to copy, reproduce or otherwise use this work without our prior written consent.
6.5 You may not use any of I-expatriate Intellectual Property without prior written consent.
You give us permission to disclose our business relationship to other parties to promote I-expatriate'sprovenance. This includes (but is not limited to) your company logo, testimonials and any written or verbal communication.
8.1 You acknowledge and agree that:
(a) You shall keep any information relating to a Candidate confidential and not use it for any purpose other than the purpose you disclose you to us at the time the information is requested;
(b) In relation to a Candidate's information you will act in accordance with the Data Protection Act;
(c) You shall not directly nor indirectly pass Candidate information on to a third party;
(d) you shall not divulge to any other party, or use for your own benefit, any information capable of being confidential relating to the affairs of our business or business methods, or confidential information, received from each other, except that which is in the public domain or is trivial or obvious or authorised to be released or required by Court Order to be disclosed.
9. FEES & PAYMENT
9.1 The Fees should be taken as those stated on our website or company literature or as otherwise agreed by a representative of I-expatriate and the Client at the time of receiving a Requirement.
9.2 Our fees are subject to change with notice given on our website or via any other means of communication.
9.3 Payment is due upfront and may be made by credit card, BACS or cheque.. I-expatriate will not start work on your vacancy until payment has been received.
9.4 Any discounted or specially negotiated Terms shall only prevail if payment is received upfront. If payment has not been received upfront standard Terms shall exist.
9.5 We do not supply refunds for unused credits or for an unsatisfactory response.
9.6 If a campaign has to be re run because you have not hired this has to be done within 3 months of the end of the first campaign. I-expatriate reserve the right of refusal for a re run if the client has simply not used the system during that period.
9.7 If you wish to pause, or change a campaign after the role has been posted out on the i-expatriate network this credit is non refundable.
9.8 In the event of any debt claim brought by us for any outstanding payments due, any outstanding amount owed will be subject to annual interest of 2% above the base rate of Lloyd's bank accruing from day-to-day.
10.1 We may terminate this agreement if:
(a) After providing written notice to the Client of breach of these Terms, such breaches are not rectified within 5 working days by the Client;
(b) The Client fails to pay I-expatriate on the due date any sums that may be due;
(c) The Client makes any Material Mis-representation;
(d) The Client is using the Service for any improper use or with the intention of damaging the reputation of I-expatriate.
10.2 You have the right to withdraw the Requirement for any reason at any time with no right to any refund.
11.1 Our liability to you for breach of contract or negligence shall not exceed an amount equal to twice our fees for any Requirement. In no event shall we be liable for any special, indirect, consequential or loss whatsoever or any loss of profit regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with the use of the Service.
11.2 Nothing contained in these Terms shall have effect so as to limit our liability for loss or damage arising out of personal injury or death or acts of fraud.
11.3 All and any interaction and communication between the Client and any Candidate and in connection with the Candidate's response to the Advertisement are the responsibility of the Client, and I-expatriate accepts no liability whatsoever therewith. The Client will indemnify I-expatriate against any losses in connection therewith.
11.4 I-expatriate are not able to verify any statements made by you in your Advertisement and accordingly you agree to indemnify us from all claims, costs and expenses (including legal expenses) resulting from your breach of these Terms.
11.5 Whist we will take all reasonable steps to ensure the accuracy of information we provide to you as part of the Service, I-expatriate will not be liable for any loss suffered by you, whether direct or indirect, foreseeable or otherwise as a result of your, or anyone else's reliance on such information.
12. SERVICE INTERRUPTIONS
You acknowledge that the Internet and/or I-expatriate systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, communication connectivity problems or other factors beyond the control of I-expatriate and you acknowledge that I-expatriate will not be held liable for any loss arising from any failure or inability to provide continuous, error free, uninterrupted services under these circumstances.
13. THIRD PARTY RIGHTS
For the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
14. ENTIRE AGREEMENT
14.1 These Terms contains the entire and only agreement between the parties and supersedes all previous agreements between the parties respecting the subject matter of this agreement.
14.2 Each party acknowledges and agrees that in entering into this agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in this Agreement.
14.3 Each party acknowledges and agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the terms of this agreement.
14.4 Nothing in this clause shall limit or exclude liability for fraud.
14.5 No changes can be made to these Terms without written consent by a Director of I-expatriate.
15. GOVERNING LAW AND JURISDICTION
The laws of DIFC govern this agreement and all non contractual obligations arising out of it. The parties agree to submit to the exclusive jurisdiction of the DIFC courts