Candidate terms and conditions
These terms and conditions were last updated on 22 March 2023
- PARTIES
1.1.
These terms and conditions (T&Cs) are entered into between (i) you, as a candidate for a job interview (“the Candidate”), and (ii) Arkiter Ltd., a company incorporated in England with company registration number 14065426 and registered address at Foundry Building 2 Smiths Square, 77 Fulham Palace Road, London, England, W6 8AF (“the Company”). References to ‘we’, ‘us’ and ‘our’ relate to Company.
1.2.
References to ‘you’ and ‘your’ relate to the Candidate.1.3.
By accessing as a user in one or all of the Company’s websites you are confirming agreement to these T&Cs.
- TERM & TERMINATION
2.1.
You are advised to read these T&Cs since they consist of the entire agreement between us (“this Agreement”).
2.2.
The specific details of the “Services” provided by us are Candidate pre-screening and facilitating Candidate interview, each of which are deemed to be “Services”.
2.3.
No other terms or Services description are deemed a part of this Agreement, unless otherwise specified in our websites.
2.4.
This Agreement starts on the date you access as a user in one or all of the Company’s websites.
2.5.
Unless this Agreement is terminated in accordance with clauses 6 or 2.7the Agreement will continue until you cancel your registration in all of our websites (“Services Term”).
2.6.
Either party can terminate this Agreement, including access to any accounts and to the Services if the other: commits a material breach of its obligations under this Agreement; or
enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors.2.7.
If an event occurs outside our reasonable control, which may include, but is not limited to the unavailability of key resources resulting on our websites not being available for use, we will notify you by email. In such an instance, we will not be liable to you for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited 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. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under this Agreement.
- YOUR DUTIES
3.1.
You agree to: (a) provide us with all the details, which shall be complete and accurate, to the extent reasonably required to perform the Services efficiently (b) notify us of any actual or perceived breach of this Agreement in a reasonable time period; (c) accept communication with you electronically via email and the internet. If you are concerned that the internet is neither secure nor private you may inform us in writing of your concerns so that we may discuss alternative methods of communication and any associated costs involved;(d) perform any other obligations set out in this Agreement.
- CONFIDENTIAL INFORMATION AND PRIVACY
4.1.
You shall not directly or indirectly communicate or disclose (whether, orally or in any other manner) any information that is stated by us to be “confidential” including our Intellectual Property. For the purpose of the provision of the Services, we are entitled to disclose your confidential information to the client that has engaged us to perform the Services.
4.2.
We may contact you (by mail, email, telephone, SMS or via the internet) in relation to the Services. If you wish to opt-out of such communications, please email us. We will only give your personal data to any other third party in accordance with the terms of our Privacy Notice, which you are highly encouraged to read, as it contains important information about how the Personal Data is collected and processed by us and your rights under the Data Protection Laws (as defined below).
4.3.
Any personal information that we store about you are held in accordance with our Privacy Notice and the terms of this clause.
4.4.
We have no obligation to retain any information with respect to this Agreement.
4.5.
You understand that for the purposes of the data protection legislation applicable in the United Kingdom from time to time (“Data Protection Legislation”), we are the Data Controller with regards to certain Personal Data collected by us and the Data Processor for the client that has engaged our Services, with regards to the Personal Data provided by them (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
4.6.
Without prejudice to the generality of clause 5, you will understand that, in order for us to provide the Services, you may need to provide appropriate consents to enable for the lawful collection and or transfer of the Personal Data to us (if any) for the duration and purposes of this Agreement.
4.7.
Without prejudice to the generality of clause 5 we shall, in relation to any Personal Data (where Personal Data has the meaning given to it in the Data Protection Legislation) processed in connection with the performance by us of our obligations under this Agreement:
(i) process that Personal Data only on our client and or your instructions unless we are required otherwise by any applicable laws.;
(ii) ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected.
- STATUS AND LIMITATION OF LIABILITY
5.1
By entering into this Agreement, you acknowledge and agree that all Services will be provided with reasonable skill and care by us and any person representing us, including our employees, directors, consultants or any other member of our team (“Team Member”), however we ask that you acknowledge and agree that:
(a) to the maximum extent permitted by law, any implied terms and warranties are excluded (including those implied by trade, custom, practice or course of dealing);
(b) this Agreement does not constitute or imply any other relationship between us other than as expressly provided;
(c) you have not relied on any statement, promise or representation made or given by or on our behalf;
(d) you will not hold us or any Team Member responsible for any actions taken by you or your employees;
(e) you understand these T&Cs and agree to be bound by them, including the limitation of liability clause;
(f) to the maximum extent permitted by law, our aggregate liability arising out of or related to the Services or this Agreement, whether in contract, tort, personal injury, damage to belongings or otherwise, shall not exceed [£500].5.2.
To the maximum extent permitted by law, we will not be liable to you in any way for: (a) any indirect, special, or consequential loss, damage, expense, cost, loss of income, business, data, goodwill or profits, or for any loss or damage that was not reasonably foreseeable by us at the time you entered into this Agreement, including any business interruption, third party claims, changes to the Services or cancellation of any Services; (b) any event that we cannot reasonably control and which would have been unavoidable (despite reasonable commercial efforts to prevent the event happening) or resulting from us complying with any relevant requirement under any law or regulation to which we are subject.
5.3.
Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
5.4
Except for actions for breach of intellectual property rights (clause 6) or confidential information (clause 4), Status & Limitation of Liability (clause 5) General (clause 8) no action (regardless of form) arising out of this Agreement may be commenced by either party more than six months after the cause of action accrued.
- INTELLECTUAL PROPERTY RIGHTS
6.1.
All material relating to us, including the Services or the Company, whether presented before, during or after your Services commences are part of our “intellectual property rights”, which include registered and unregistered rights in any copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights; and
6.2.
You will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing in whole or in part any information, documents or online content from the Company’s websites.
- LICENCE
7.1.
By accessing as a user in one or all of the Company’s websites, when these T&Cs are deemed as accepted, you are granted a non-exclusive, non-transferable, royalty free licence to use our website as Candidate for the purposes of the Services alone.
- GENERAL
8.1.
The Services will be provided with reasonable skill and care, however, in the event of any query or complaint in connection with the Services, please email us on complaints@arkiter.com.
8.2.
This Agreement is not enforceable by any third party (whether under statute or otherwise).
8.3.
Any notices under this Agreement will be provided to you via email the Company has on record.
8.4.
If any of the provisions in this Agreement shall be held to be illegal or unenforceable in whole or in part under any enactment or rule or law, the provision in question shall, to that extent, be deemed not to form part of this Agreement or shall apply with such deletions as may be necessary to make it legal and enforceable and the enforceability of the remainder of this Agreement shall not be affected.
8.5.
This Agreement and the benefit of the rights granted to you by this Agreement shall be personal to you and you will not subcontract, novate or assign the Services or rights herein to another party without the prior written consent of the Company.
8.6.
The failure of a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
8.7.
This Agreement is the entire agreement between the parties in relation to its subject. No other terms apply.
8.8.
The Company may vary the terms of this Agreement from time to time.
8.9
This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England.