Terms & Conditions...
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Archway Superior Households
Terms of agreement with work-seekers for permanent or contract staff (to be directly engaged by the client)
A. Archway Superior Households are to provide you permanent recruitment services. We will act as an agency as defined under the Employment Agencies Act 1973.
B. You authorise Archway Superior Households to seek work on your behalf.
C. By registering with our Agency you confirm that you wish us to seek employment within the private household staffing industry and/or private and commercial maritime industry (yachts and boats) and/or private aviation industry.
The following expressions shall have the following meanings:
“Agency” means Archway Superior Households, operating under Archway Talent Solutions Ltd, incorporated in England and Wales under company registration No. 12582234 and whose registered office is 19 Sandymount Avenue, Stanmore HA7 4UA, UK
“Agreement” means the contract between the Agent and the Candidate for agency services incorporating these Terms and Conditions, as evidenced by the signing of or ticking of the acceptance box online of the Registration Form and the acceptance by the Agent in accordance with Clause 3.1;
“Candidate” means any person introduced to the Client by the Agent for Engagement;
“Client” means any family, third party, individual, partnership, company or other organisation or entity which contracts with the Agent with a view to procuring the services of the Candidate within the UK and internationally;
“Engagement” means the employment, engagement or use of the Candidate by the Client, or any third party to whom the Client has introduced the Candidate, on a permanent or short-term basis under any form of contract or relevant agreement;
“Representation Form” means the form to which these Terms and Conditions are attached requesting Representation and setting out, amongst other things, the Candidate’s details and requirements for Engagement;
“Representation” means the representation provided by the Agent to the Candidate upon acceptance by the Agent of the Representation Form in accordance with these Terms and Conditions;
“Terms and Conditions” means the terms and conditions as set out in this document and any subsequent variations as agreed in writing or by email by the Agent and the Candidate.
These Terms and Conditions shall apply to the Agreement and shall supersede any other documentation or communication between parties.
3. REPRESENTATION FORM AND THE AGENT’S OFFER OF REPRESENTATION
3.1 The Agreement between the Agent and the Candidate, incorporating these Terms and Conditions, shall only come into force when the Agent confirms acceptance of the Representation Form verbally in writing or by email to the Candidate.
3.2 The Agent’s acceptance of the Representation Form in accordance with Clause 3.1 shall constitute a binding obligation to the Candidate to use reasonable endeavours to secure Engagement with a Client for the Candidate, at all times subject to the Terms and Conditions below.
4. APPOINTMENT AS AGENT
4.1 The Agent shall operate at all times as an employment agency in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Employment Agencies Act 1973.
4.2 The Agent will, subject to the Candidate’s Representation Form and these Terms and Conditions, act as the Candidate’s agent and use reasonable endeavours to negotiate and conclude agreements with Clients in respect of procuring Engagements.
4.3 This Agreement does not give rise to a contract of employment between the Agent and the Candidate nor shall it constitute a partnership or joint venture.
4.4 The Agent will not charge a fee to the Candidate for acting upon its behalf in order to secure, or attempt to secure, an Engagement.
4.5 The Agent is in the business of procuring employment for any and all private and domestic household staff, private office and/or corporate staff, childcare staff, private and/or corporate maritime staff, private aviation staff, private healthcare staff, and accordingly nothing in this Agreement or these Terms and Conditions shall restrict the Agent from acting as Agent for any third party and providing to it services the same or similar to those set out in these Terms and Conditions.
5. CANDIDATE RIGHTS & OBLIGATIONS
5.1 The Candidate understands that the Agency is a referral and matching service only that provides its Clients with information respecting potential Candidates in exchange for a placement fee.
5.2 The Candidate agrees to release personal and contact information to the Agency that is complete, true and accurate. The Candidate will also provide full details of previous work history including contactable references on Agency's request.
5.3 The Candidate agrees not to disclose the following information to prospective clients (parents) at the interview stage: full name, phone number, email address, postal address or any other forms of contact enabling the Client to contact the Candidate directly.
5.5 The Agency and the Candidate acknowledge that there is no employee/employer relationship between them.
5.6 The Candidate cannot work for other Clients using the Archway Superior Households Agency brand name and reputation, or the parent company name of Archway Talent Solutions Ltd.
5.7 The Candidate must notify the Agency immediately should he/she be offered employment directly or indirectly through the Client or should the Client contact the Candidate directly without the Agency's permission.
5.8 The Agency has the right to terminate the agreement with the Candidate at any time, for any reason, including but not limited to unprofessional conduct, misrepresentation of our image, and company name, lateness, no-shows, drug or alcohol abuse, previous or current or future criminal record.
5.9 The Agency does not provide any representations or warranties to the Candidate regarding any Client. The Agency provides only an introduction service between the Candidate and prospective Clients and will refer their name and portfolio to suitable Clients. The Agency cannot guarantee a Candidate will be interviewed or hired by any prospective Clients, nor can the Agency warrant the length of employment the contract will have once hired. Any Candidate/Client interviews, police checks, DBS checks, First Aid and other training required will be the responsibility and at the expense of the Candidate.
5.10 The Candidate must discuss and confirm the wages (for trial, temporary, permanent work) and all working conditions directly with the Client during their interview stage, and request from the Client to sign a Work Agreement prior to beginning any type of work - trial, temporary or permanent. The Agency cannot be held responsible for negotiating any wages, loss of wages, termination of employment, and changes in the working conditions that result or may result from working for the Client.
5.11 The candidate is under no legal obligation to work for a particular Client, and may request to be placed in another placement at their discretion. The Candidate hereby releases Archway Superior Households and Archway Talent Solutions Ltd and its officers, Agents, employees, and affiliates from all claims, liabilities, injuries, demands, suits, actions, causes of actions of every kind arising out of or resulting from the action of The Agency or the release of any information by the Agency.
5.12 The above parties agree that the Agency shall not be liable to the Candidate, or to any other person, including, but not limited to the Candidate’s family or their successors, heirs and assigns, or any other person, for incidental or consequential losses, damages or expenses, directly or indirectly arising from any action or failure to act by a Client. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties except as expressly set out in this instrument. The Candidate acknowledges having read, understood and agreed to the terms and conditions of this agreement which are set forth in this agreement. By completing online registration, the Candidate accepts any and all terms and conditions as such.
5.13 The Candidate must be willing to sign a confidentiality agreement prior to starting the role if required.
6. Agency's Rights & Obligations
6.1 The Agency conducts its business as a matching service that matches and introduces suitable Candidates to work for the Client with the purpose of effecting introductions between persons desiring to enter into contracts for services.
6.2 The Agency endeavors to establish the suitability of any Candidate for introduction to the Client by taking up a minimum of two references from each Candidate. However, all responsibility for ascertaining the suitability of a Candidate for the engagement remains with the Client.
6.3 The Agency holds no responsibility for the Client and Candidate’s employment contract, portfolio, and any matters associated with it are to be arranged between Client and Candidate. The Agency offers a contract of employment only as a sample guide for the Client and Candidate to use.
6.4 The Agency cannot be under any circumstances held responsible and excludes liability for any loss, damage, delay, inconvenience, problems, costs incurred due to damage to property or theft of property, death, injuries or accidents incurred or suffered by the Client, the Clients family, staff, or the Client's assets caused directly or indirectly during employment or introduction of the Candidate allegedly arising from the acts or character of the Candidate introduced by the Agency, or, to the extent permitted by law, in respect of services provided by the Agency, even if such act or omission is negligent or fraudulent or reveals any dishonesty.
Any losses shall be limited to the Placement Fees paid to the Agency in respect of a placement.
6.5 The Agency does not offer any warranty for the Candidate's suitability, personality, character, honesty, and reliability.
6.6 The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and they will be always employed by the Client, unless the Candidate is self-employed (this only applies to child-minders or maternity nurses, a standard Nanny cannot be self-employed). Candidates shall be under the supervision, direction and control of the Client.
6.7 The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on this website. It's your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.
7.1 The Agreement shall continue until the Agency services have been provided in accordance with the terms of the Representation Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
7.2 The Agent may terminate this Representation without notice at any time and for any reason at the Agent’s sole discretion.
7.3 The Candidate shall be entitled to terminate the Representation at any point by writing to the Agent or if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
7.4 Either party may terminate the Agreement by notice in writing to the other if the other party commits a material breach of these Terms and Conditions which cannot be remedied or, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so.
7.5 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
8. LIMITATION OF LIABILITY
8.1 Subject to Clause 8.2, a party (the “First Party”) shall not be liable for any losses (direct or indirect) incurred by the other party (whether or not due to the failure of the First Party to comply with this Agreement) except for those losses which can reasonably be foreseen by the First Party would result from its failure to comply with this Agreement provided that any such liability of the Agent shall be limited to the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Candidate’s claim is first notified.
8.2 This Clause 8 does not exclude or limit in any way the Agent’s liability for:
8.2.1 death or personal injury caused by the negligence of the Agent; or
8.2.2 fraud or fraudulent misrepresentation; or
8.2.3 any other matter for which it would be illegal or unlawful for the Agent to exclude or attempt to exclude the Agent’s liability.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, in person or by post to the address of the other party given in the Representation Form or such other address as such party may from time to time have communicated to the other in writing.
13. GOVERNING LAW
These Terms and Conditions, and any non-contractual obligations arising therefrom, shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Thank you for taking your time and choosing Archway Superior Households (Archway Talent Solutions Ltd) to represent you in your search. For any queries, or if you require any more information on the services that we provide please email firstname.lastname@example.org or call on 0207 193 1014.