Version 1 April 2022

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1. Definitions

“Client”

means the person (or company) receiving consultancy services and /or the purchasing of the products and documents. “Client” shall also mean any user who agrees to free or payable online services, using InterlinkHR Ltd.’s website and/or via direct communication InterlinkHR Ltd.

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“Consultancy”

means InterlinkHR Ltd as listed above.

 

“Recruitment activity”

means the consultancy filling a vacancy, with a suitable candidate as agreed with the client.                                           

“Placement”

means in terms of recruitment activity the placement of the staff member in the agreed role sourced by the consultancy.

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2. Client Obligations

(a) The Client confirms that it has given the consultancy sufficient information for the Consultancy to properly consider the suitability of the services, including but not limited to:

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(i) The Client can confirm its identity and the nature of the Clients business, using the client agreement schedule.

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(ii) The date on which the Client requires the engagement to commence, the duration or likely duration of the Assignment, and the end date if applicable.

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(iii) Full Details and transparency of the Assignment including, but not limited to, the type of work and the location at which the work will be carried out and a time scale of when reasonably the work should be complete, if applicable.

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(iv) The client is aware that any variation and/or extension of the agreed assignment schedule, may be subject to increased costs.

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(b) The Client shall:

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(i) Advise the Consultant of all health and safety matters, in this respect, the Client acknowledges that it is responsible for taking appropriate measures to always ensure the health and safety of the Consultancy, during the Assignment Period.

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(ii) Assist the Consultant with information and/or access to relevant systems if required to be able to carry out the works.

 

3. Consultancy Obligations

(a) The Consultant shall use its reasonable endeavours to:

 

(i) Undertake the Assignment in accordance with good industry practice which is currently applicable in that industry sector.

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(ii) Use reasonable care and skill in undertaking an Assignment for the Client.

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(iii) Comply with all the Clients' regulations, policies and protocols as notified by the Client to the Consultant from time to time.

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(b) Where required by law, the Consultant will account to the relevant authorities for the deduction of all appropriate taxation required by the governing taxation authority and any other statutory deductions.

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4. Fees and Charges

(a) The Client agrees to pay the fee as agreed to the Consultancy within 30 days after the end date of the assignment.

In the event that the schedule is subject to change or extension, a further schedule will be agreed upon and signed by the client and the consultancy.  For the avoidance of doubt, this agreement may be in the form of a paper schedule, email agreement, text, or any other messaging service.

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Recruitment Activity - will be chargeable at the agreed amount equal to the agreed percentage of the Remuneration applicable during the first 12 months of the Engagement.

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(b) The charges will be invoiced to the Client on a monthly basis and are payable within 30 working days in the currency in which the Engagement is affected.  Such charges will be subjected to, and the Client shall pay, relevant VAT. The charges are stated exclusive of VAT unless otherwise indicated.

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Any sums which are not paid when due under these Terms and Conditions of Business shall accrue interest on the balance outstanding, at the higher rate of 5% above the base lending rate of the Bank of England. Such interest shall accrue daily and be compounded monthly.

 

Any outstanding balance due after 3 calendar months may be subject to court action if another remedy cannot be agreed upon.

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5. Refunds and Rebates

(a) Unless otherwise agreed by the Consultancy, there shall be no obligation to make any rebates or refunds of fees to the Client.

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(b) The following scale of refund only applies in the event of recruitment activity. The refund will be activated if payment has been made in accordance with clause 4(b) and if the client has informed the consultancy, via email within one week of the placement ending.

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Week in which the placement terminates:                     fee refunded 

  

1 – 4 Weeks                                                                    75% of fee 

5 – 8 Weeks                                                                    50% of fee 

9 – 12 Weeks                                                                  25% of fee

 

6. Liabilities

The Consultancy shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the consultancy Engagement and/or services. For the avoidance of doubt, the consultancy does not exclude liability for death or personal injury arising from its own negligence or for any other loss that it is not permitted to exclude under law.

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7. Confidentiality and Data Protection

The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). The DPA 2018, which came into effect on 25 May 2018, updates and replaces the Data Protection Act 1998. Post-Brexit, the act was further amended in January 2021 by regulations under the European Union (Withdrawal) Act 2018, to reflect the UK’s status outside the EU.

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All information relating to a Candidate is confidential and subject to the Data Protection Act 2018 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition, information relating to the Clients business which is capable of being confidential must be kept confidential and not divulged to any third party, except information that is in the public domain.

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8. General

(a) All information supplied by the Consultancy to the Client is confidential and agrees that it will not divulge such information to any third party. All information supplied by the Client to the Consultant is also confidential and will not be divulged to any third party.

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(b) The Consultancy agrees not to conduct business with rival Companies while on-site at the Client.

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(c) The Client shall process any personal information in relation to the Consultant in accordance with the Data Protection Act 2018 and agrees that to divulge such information to a third party would constitute a breach of the Data Protection Act 2018, and other regulations in force from time to time relating to the protection and transfer of personal data and that the Client, and not the Consultancy, will be held liable for any such breach.

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(d) The Client may not assign to a third party the benefit of these Terms and Conditions of Business.

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9. Severability

If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

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10. Copyright, Intellectual Property, and Trademarks:

Copyright and all other intellectual property rights comprised in or relating to the consultancy’s website (graphics, text, layout, and content), products, materials/documents, and services, including rights in registered and unregistered trademarks, belong to the consultancy.  All rights are reserved.  clients acquire no copyright or other intellectual property rights.  No person, whether a client or any other person is permitted to: sell, make copies, share, publish, post on social medial channels, lease, loan, distribute or otherwise deal in any of the materials/documents bought from or gifted by the consultancy to the client.  This is inclusive of all documents and material either directly or indirectly, without the prior written permission and agreement from the consultancy; or transfer via any channel, any material to any third party, or publish any of the materials/documents bought from the consultancy or any extracts viewable on the internet and any social media platforms, on any website or in any format which is generally available to the public domain.

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11. Links to Other Companies or Websites:

The consultancy accepts no responsibility or liability in respect of the content or use of any websites accessed via hyperlinks from the consultancy website, nor for the accuracy of the information contained within.  Any links are selected and viewed at your own risk and should not be seen, as an endorsement of the consultancy.

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12. Governing Law

These terms and conditions, and the contract for sale, inclusive of all products, materials, documents, and/or services to which they relate, shall be subject to the laws and regulations of the Manx Law and the exclusive jurisdiction of Manx courts.

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