These Terms and Conditions shall apply to the provision of Services by the Agency to the Client.Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means Round recruitment Ltd a company registered in UK under number 13598391 whose registered office is at
means any person introduced by the Agency to the Client for an Engagement;
means any person, firm or company including any associates or subsidiaries to whom a Candidate is introduced;
means any information concerning either Party and relating to its business methods, plans, systems, finances or projects; its trade secrets; its products or services; or any other information which is expressly described as confidential;
means any employment, engagement or use by a Client of a Candidate whether part or full time, with or without a contract;
an introduction will be deemed to have taken place where the Agency has provided a Client with any information concerning a Candidate, or where a Client interviews a Candidate following an instruction from a Client to locate a Candidate;
means the fee payable by the Client to the Agency in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate;
means any salary, fees, bonuses, commission, allowances, or any other financial benefit payable to, or received by a Candidate for services to a Client; and
means the employment agency services provided by the Agency to the Client 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 and each of the Schedules as amended or supplemented at the relevant time;
a Schedule is a schedule to these Terms and Conditions; and
a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
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.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 and Conditions shall prevail unless agreed otherwise in writing by a Director of the Agency.
No modification or change to these Terms and Conditions will be valid unless the details of any such changes are in writing, signed on behalf of the Agency and the Client, and state the date on or after which such new terms will apply.
The Introduction of a Candidate or Engagement of a Candidate, or the commencement of work or provision of services by a Candidate for the Client shall be deemed acceptance of these Terms and Conditions by the Client.
These Terms and Conditions contain the entire agreement between the Agency and the Client and supersede all previous terms of business, agreement and arrangements.Vacancies and Advertisements
The Agency shall have the right to decline, cancel or otherwise remove any vacancy advertisement provided by the Client to the Agency at any time, for any reason and without giving prior notice to the Client.
If any vacancy advertisement appears to demonstrate that the Client intends to discriminate on the grounds of age disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation, it will be declined unless the vacancy is exempted from the provisions of the Equality Act 2010; the Employment Equality (Religion and Belief) Regulations 2003; or the Employment Equality (Age) Regulations 2006. In the case of any applicable exemptions, the vacancy advertisement must be accompanied by a written statement explaining those exemptions and how they apply to the vacancy.
If, in the opinion of the Agency, any vacancy advertisement indicates any illegal purposes on the part of the Client, the Agency may, without notice, report the vacancy and the Client to the relevant authorities. Such authorities may include, but are not limited to, the Department for Work and Pensions, ACAS, the Information Commissioner’s Office; and the Recruitment and Employment Confederation.
Vacancy advertisements shall remain open and viewable by prospective Candidates for a period of 3 months or otherwise as agreed between the Agency and the Client.
All vacancy advertisements shall contain details of no more than one single vacancy unless otherwise agreed in writing between the Agency and the Client.The Agency’s Obligations
The Agency shall endeavour to find suitable and willing Candidates to fill such vacancies as are notified to the Agency by the Client or to notify the Client if the Agency believes it is unable to assist with the Client’s requirements.
The Agency shall endeavour to ensure that all vacancy advertisements are published on the date agreed with the Client or, where no date is agreed, within 2 weeks of receiving details of the vacancy.
The Agency shall endeavour to ensure that all Candidates introduced to the Client have the experience, qualifications, and authorisations which are required by the Client, by law or by any professional body, for the position(s) that the Client wishes to fill, and shall also endeavour to verify the identity of Candidates prior to introducing them to the Client.
At the same time as proposing a Candidate to the Client the Agency shall inform the Client of such matters as detailed in sub-Clause 4.3 of which the Agency has obtained confirmation.
The Agency shall endeavour to take all reasonable steps to ensure that Clients and Candidates are aware of any requirements imposed by law or any professional body on the vacancy / vacancies that the Client seeks to fill.
The Agency shall endeavour to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate to work in the position which the Client seeks to fill.
The Agency cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.
Where a Candidate is offered or applying for Engagements that involve working with or caring for any persons under the age of 18, the elderly, the infirm or anyone in need of care and attention, the Agency shall take all reasonably practical steps to ensure that it obtains and makes available to the Client copies of all necessary qualifications or authorisations required for the Engagement, two references from persons unrelated to the Candidate, and confirmation that the Candidate is not unsuitable to work with vulnerable people.The Client’s Obligations
The Client shall provide to the Agency all information which is reasonably required for the Agency to provide the Services. The Client shall use its best endeavours to ensure that such information is complete, accurate and up to date.
The Client shall ensure that all information provided to the Agency does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory.
The Client shall ensure that all information provided to the Agency does not contain any material which infringes the rights of any third parties (including, but not limited to, intellectual property rights).
The Client must provide the Agency with details of the vacancies that the Client wishes to fill, which must include the type of work required, the date of commencement, the duration, the hours, rates of pay and location as well as the training, qualifications and other authorisations required by law, the Client and any professional body for the position(s).
The Client must inform the Agency of any health or safety risks or requirements of the vacancies the Client wishes to fill, as well as the action taken by the Client to minimise and control such risks.
The Client must not seek to employ any member of the Agency’s staff, but in the event that any member of staff accepts an Engagement with the Client, the Client must pay an Introduction Fee in accordance with Clause 6.
The Client warrants that it shall immediately, and in any event within 24 hours of the Agency’s first provision of information relating to the Candidate’s identity, inform the Agency if the Client believes that it is aware of the identity of the Candidate other than via information supplied by the Agency. The Client agrees that it will be deemed not to have been aware of the identity of the Candidate prior to the Agency’s provision of the information relating to the Candidate’s identity if the Client fails to provide such a notice within the aforementioned 24 hours.
The Client acknowledges that the Agency is under no obligation to provide the Services until all required information has been provided by the Client in accordance with sub-Clause 5.1.
The Client shall inform the Agency immediately in the event that any relevant information changes following the submission of that information to the Agency. The Agency reserves the right to charge the Client at the rate of £500 per day for any work required to make alterations to vacancy advertisements or other relevant information it holds.
Subject to the provisions of sub-Clauses 4.3 and 4.8, the Agency shall not verify or otherwise check any Candidate details, howsoever they may be provided to the Client.
It shall be the sole responsibility of the Client to ensure that Candidates are suitable for the relevant vacancies and to obtain any references required.
It shall be the sole responsibility of the Client to obtain any required permits (including, but not limited to, work permits).
It shall be the sole responsibility of the Client to arrange for any required medical examinations or investigations.
The Client must notify the Agency immediately of any offer of an Engagement that it makes to a Candidate.
The Client must notify the Agency immediately of the acceptance by a Candidate of any offer of Engagement that is made to that Candidate and provide details of the Candidate’s remuneration.
The Client must within 5 working days of offering an Engagement to a Candidate provide the Agency with a copy of the job offer or contract given to the Candidate.
Notwithstanding sub-Clauses 4.3 and 4.8 above the Client must satisfy itself as to the suitability of a Candidate for any vacancy, and the Client must be responsible for taking up references and checking the validity of qualifications.
The Client is responsible for payment of remuneration to the Candidate.Fees and Payment
The Introduction Fee payable by the Client to the Agency upon the commencement of an Engagement by a Candidate shall be calculated as the amount equal to 20% of the Candidate’s basic salary during the first 12 months of the Engagement exclusive of VAT, (Provision of a company car will add £5000 to the basic salary for calculation of the fee. Where a car allowance is offered as an alternative, the value of that allowance will be used in the calculation).
If the Engagement of a Candidate is for a fixed term of less than 12 months then the Introduction Fee will be calculated pro rata as above.
In the event that an Engagement for a fixed term of less than 12 months is extended then an Introduction Fee based on the Candidate’s remuneration for the period up to 12 months from the original Engagement will become payable by the Client.
The Client will not be liable for any Introduction Fee until a Candidate commences an engagement when the Agency will render an invoice to the Client.
The Client must pay the Agency’s Introduction Fees within 14 days of receiving the invoice.
The Agency reserves the right to charge interest at the base rate of interest per annum on any invoiced Introduction Fees that remain unpaid by the Client from the due date to the date of payment.
Except where a Candidate has been made redundant the Client may be entitled to a refund of the Introduction Fee where it was paid on time, and where the Engagement is terminated within 10 weeks of the Candidate commencing the Engagement, at the rate of 10% of the Introduction Fee for each week of the 10 week period not worked by the Candidate.
Where a Client has made an offer of Engagement to a Candidate but withdraws it before the Candidate commences the Engagement the Client must pay the Agency an amount equal to not less than 25% of the annual remuneration to which the Candidate would have been entitled if the Engagement had proceeded.Confidentiality
Each Party undertakes that, except as provided by sub-Clause 7.2 or as authorised in writing by the other Party, it shall, at all times:
keep confidential all Confidential Information;
not disclose any Confidential Information to any other party;
not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
not make any copies of, record in any way or part with possession of any Confidential Information; and ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 above.
Either Party may:
disclose any Confidential Information to:
any sub-contractor or supplier of that Party;
any governmental or other authority or regulatory body; or
any employee or officer of that Party or of any of the aforementioned persons;
to such extent only as is necessary for the purposes contemplated by these Terms and Conditions, or as required by law, and in each case subject to that Party first informing the person in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 18.104.22.168 above or any authorised employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is, or has become, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
The provisions of this Clause 7 shall continue in force in accordance with their terms, notwithstanding the termination of these Terms and Conditions for any reason.Data Protection
In this Clause 8:
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended; and
“personal data” means personal data as defined in the UK GDPR.
All personal data that either Agency or the Client (“First Party”) may use will be collected, processed, and held by that First Party in accordance with the provisions of Data Protection Legislation and the rights under the Data Protection Legislation of the other party being, as the case may be, either the Agency or the Client (“Other Party”) and the rights under the Data Protection Legislation of any third party.
8.3 For complete details of the First Party’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 Other Party’s and any third party’s rights and how to exercise them, and personal data sharing (where applicable), the Other Party should refer to the Privacy Notice of the First Party. The respective Privacy Notice of the agency are attached in the Schedule to these Terms and Conditions.Liability
With the exception of death or personal injury or fraud, the Agency shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client, howsoever caused or arising, as a result of the Introduction of a Candidate to the Client by the Agency, the Engagement of a Client Introduced by the Agency, the failure of the Agency to Introduce any Candidate to the Client, or otherwise arising out of or in connection with the Services or any agreement for the Services between the Agency and the Client.Indemnity
The Client shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings incurred directly or indirectly by the Agency which may arise out of the Client’s use of the Services or out of any breach by the Client of any of these Terms and Conditions.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 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 similar or dissimilar event that is beyond the control of the Party in question.Relationship
Nothing in these Terms and Conditions shall create a partnership or agency or the relationship of employer and employee, or other relationship between the Agency and the Client.Severance
In the event that any part(s) of these Terms and Conditions or part thereof is declared to be invalid, unlawful, void or unenforceable then such terms or parts shall be severed, and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent of the law.Third Parties
No provision of these Terms and Conditions shall confer any benefit on or be enforceable by any person who is not a party to these Terms and Conditions under the Contract (Rights of Third Parties) Act 1999.Law and Jurisdiction
15.1 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.
15.2 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 [exclusive] jurisdiction of the courts of England and Wales.SCHEDULE Agency Privacy Notice Privacy Notice BACKGROUND:
Round Recruitment Ltd (“the Company”) is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data so that it can provide these services. In so doing, the Company acts as a data controller.
You may give your personal details to the Company directly, such as on an application or registration form, CV, or via our website, or we may collect them from another source, such as a jobs board. The Company must have a legal basis for processing your personal data. See below for more details. We will only use your personal data in accordance with the terms of this notice for the purposes of providing you with work-finding services and/or information relating to roles relevant to you.Information About Us
Round Recruitment Ltd.
A limited company registered in England under company number 13598391.
Registered address: Chenega,Tunstall,Richmond,North Yorkshire,DL10 7QN.
Main trading address: Chenega,Tunstall,Richmond,North Yorkshire,DL10 7QN.
VAT number: GB 389883021What Does This Notice Cover?
This Privacy Notice explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
The right to access the personal data we hold about you. Part 10 will tell you how to do this.
The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
The right to be forgotten, i.e., the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 11 to find out more.
The right to restrict (i.e., prevent) the processing of your personal data.
The right to object to us using your personal data for a particular purpose or purposes.
The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
It is important that your personal data is kept accurate and up to date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 11.What Personal Data Do You Collect and How?
The Company may collect and hold some or all of the following personal data[and special category or ‘sensitive’ personal data]:
How We Collect the Data
Identity Information including name, title, date of birth gender.
Information provided by you through telephone contact, by email or by post.
Contact information including address, email address, telephone numbers.
Information provided by you through telephone contact, by email or by post.
Work information including full CV.
Information provided by you through telephone contact, by email or by post.
Other identity information including Nationality and evidence of right to work in the UK.
Information provided by you through email or by post.
Sensitive personal information including health information if deemed relevant to your employment search.
Information provided by you through telephone contact, by email or by post.
You are under no obligation to provide the Company with data. However, if you do not provide certain information, we will not be able to provide work-finding services.How Do You Use My Personal Data?
The Company needs to collect and process data in order to offer work-finding services to you.
The Company will process your personal data for the purposes of providing you with work-finding services. This includes, for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities and developing and managing our services and relationship with you and our clients.
In some cases, the Company may be required to collect and process your data for the purpose of investigating, reporting, and detecting crime, and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.
The legal bases we rely upon to offer our services to you are:
Your consent (e.g. to register you as a new candidate or to manage our relationship with you);
Where we have a legitimate interest (e.g. managing our database and keeping work records up to date, providing work finding services to you and our clients, and contacting you to seek your consent where it is needed);
To comply with a legal obligation that we are subject to (e.g. in order to check your entitlement to work in the UK).
The Company will only use your personal data for the purposes for which it was originally collected, unless we reasonably believe that another purpose is compatible with those original purposes and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 11.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purposes for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.How Long Will You Keep My Personal Data?
The Company will only hold your personal data for as long as is necessary to fulfil the purposes for which we collected it.
Different laws may also require us to keep data for different periods of time.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 require us to keep work-seeker records for at least one year from:
the date of their creation; or
after the date on which we last provide you with work-finding services.
Where the Company has obtained your consent to process your personal and sensitive data, we will do so in line with our Data Protection Policy. Upon expiry of the period to which you have consented, the Company will seek further consent from you. Where consent is not granted, we will not continue to process your data.How and Where Do You Store or Transfer My Personal Data?
Data is stored in a range of different places, including on your application record, in the Company’s candidate management systems and in other IT systems (including the Company’s email system).
We will only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.
The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:
limiting access to your personal data to those employees with a legitimate need to know and ensuring that they are subject to duties of confidentiality.
procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.Do You Share My Personal Data?
The Company will process your personal data and/or sensitive personal data with the following recipients:
HMRC. Clients of the Company. Any applicable legal or government authorities. Previous employers (e.g., in respect of references).
When your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.How Can I Access My Personal Data?
If you want to know what personal data we hold about you, you can ask us for details of that personal data and for a copy of it. This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within fourteen days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Geoff Sims):
Email address: firstname.lastname@example.org.
Telephone number: 07850300789.
Postal Address: Chenega,Tunstall,Richmond,North Yorkshire,DL10 7QN.Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available on our website (www.roundrecruitment.com). This Privacy Notice was last updated on 13/10/2021