MOOD GROUP MALTA LIMITED carries on the business of a recruitment agency. The following Terms and Conditions set out the relationship between ourselves and our candidates for whom we are seeking introductions to potential employers
1. DEFINITIONS AND INTERPRETATION
1.1 The following expressions shall have the following meanings:
1.1.1. “Agent” refers to us and we are MOOD GROUP MALTA LIMITED incorporated and registered in Malta with company number C 63843 whose registered office is at Dar iz Zerniq, Notary Zarb Street, Attard, ATD 9045, Malta.
1.1.2 “Candidate” is you and you require us to seek introductions for you to potential employers.
1.1.3 “Client” means any third party, individual, partnership, company or other organisation or entity which contracts with the Agent with a view to procuring the services of a candidate.
1.1.4 “Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
1.1.5 “Engagement” means the employment 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;
1.1.6 “Introduction” means the passing to the Client of a CV or other information which identifies the Candidate following Client’s instructions to the Agent to search for a potential candidates, or the interview (in person or by telephone) or Engagement of the Candidate by the Client or any third party who has obtained such information through the Client’s intermediation following the passing to the Client by the Agent of a speculative CV or other information with identifies the Candidate;
1.1.7 “Representation” means the representation of the Candidate by the Agent with a view to securing an Engagement with a Client.
1.1.8 “Regulations” means The Conduct of Employment Agencies and Employment Business Regulations 2003.
1.1.9 “Services” means the agency services provided by the Agent;
1.2 Clause headings shall not affect the interpretation of these Terms and Conditions.
1.3 References to clauses are to the clauses of these Terms and Conditions.
1.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
1.7 A reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision.
1.8 Writing or written includes faxes but not e-mail.
1.9 Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.10 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.1 The Agent shall provide Representation to the Candidate on these Terms and Conditions and these Terms and Conditions shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between us.
2.5 The Agent is acting in the capacity of an employment agency.
3.0 APPOINTMENT AS AGENT
3.1 The Agent shall operate at all times as an employment agency in accordance with the Employment Agencies Act 1973.
3.2 The Agent will act as the Candidate’s agent and provide Representation to negotiate and conclude agreements with Clients in respect of procuring Engagements.
3.3 These Terms and Conditions do not give rise to a contract of employment between the Agent and the Candidate.
3.4 The Agent will not charge a fee to the Candidate for the Representation.
4.0 CANDIDATE OBLIGATIONS
4.1 The Candidate should not engage in any conduct which is detrimental to the interests of the Agent, would negatively affect the Agent’s relationship with the Client or is likely to bring the Agent into disrepute.
4.2 The Candidate shall have provided the Agent with:
4.2.1 If requested by the client a satisfactory evidence of their identity which shall include, but not be limited to, a copy of the Candidate’s passport or birth certificate; and
4.2.2 a CV and portfolio where such are requested by the Agent.
4.3 The Candidate shall be clear about the type of work sought and by accepting these Terms and Conditions warrants the accuracy of the details of this work given to the Agent.
4.4 If, in respect of any prospective employment, the Candidate is required by law, any professional body or by the Client to hold or have any experience, training qualifications and/or authorisations, the Candidate shall provide the Agent with: (a) up to date copies of such qualifications and/or authorisations; and (b) the names of two referees (who are not relatives of the Candidate) who the Candidate agrees that the Agent may approach at any time for the purpose of obtaining references about the Candidate.
4.5 The Candidate consents to the disclosure of all relevant information (which is reasonably required to progress any application) including but not limited to copies of qualifications, authorisations and/or references, by the Agent to the Client.
4.6 The Candidate shall immediately inform the Agent should there be any reason or circumstance under which it would be detrimental to the interests of the Agent, the Client or the Candidate for the Candidate to take up a particular position with a Client including but not limited to:
4.6.1 the Candidate has previously been in contact or had any dealings with a Client whom the Agent introduces to the Candidate; or
4.6.2 the Candidate is or has attended a Client for the same position having being introduced by another agent.
4.7 If, following an Introduction from the Agent, the Candidate receives an offer of employment or Engagement to work for or with a Client introduced by the Agent, the Candidate shall inform the Agent immediately and provide the Agent with full details of the offer including a copy of the offer letter/contract of employment if requested.
4.8 The Candidate should not approach any Client other than through the Agent.
4.9 The Candidate shall be responsible for costs of travel and other expenses incurred by the Candidate in connection with the attendance of the Candidate on a Client unless previously agreed otherwise in writing.
5.0 AGENT OBLIGATIONS
5.1 The Agent shall use all reasonable endeavours to secure a suitable Engagement for the Candidate but shall be under no obligation to find an Engagement for the Candidate.
5.2 The Agent shall provide the Representation with skill, care and in accordance with the recognised codes of practice and statutory obligations.
5.3 The Agent shall take all reasonable steps to ensure Clients are professional and courteous but cannot be held responsible for the conduct of any third parties.
5.4 An offer of employment is not made until written details are received from the Client. The Agent does not accept any responsibility and shall not be liable for any loss suffered by the Candidate by reason of the Candidate’s decision to resign from his/her current employment or any existing engagement before or after receipt of the Client’s written offer.
6.1 The Agreement shall continue until the agency services have been provided in terms of the Representation or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with the terms of these Terms and Conditions.
6.2 The Agent may terminate this Representation without notice at any time and for any reason at the Agent’s sole discretion.
6.3 The Candidate shall be entitled to terminate the Representation at any point by giving two months notice in writing.
6.4 Either party may terminate these Terms and Conditions by notice in writing to the other if:
6.4.1 the other party commits a material breach of these Terms and Conditions and, 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; or
6.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
6.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
6.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
6.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
- Any rights to terminate these Terms and Conditions shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of these Terms and Conditions as at the date of termination.
Both parties warrant their authority to enter into these Terms and Conditions and have obtained all necessary approvals to do so.
- LIMITATION OF LIABILITY
The Agent shall not be liable for any direct loss or damage suffered by the Candidate or any third party howsoever caused, as a result of any negligence or breach of contract.
The Candidate unconditionally agree to indemnify The Agent, acting in good faith in taking reasonable steps to process my personal information lawfully, against any liability that may result from the processing of my personal information. This includes unintentional disclosures of such personal information to, or access by unauthorized persons, and/or any reliance which may inadvertently be placed on inaccurate, misleading, or outdated personal information, provided to The Agent by myself or by a third party in respect of me.
10.0 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Candidate shall not be entitled to assign its rights or obligations or delegate its duties under these Terms and Conditions without the prior written consent of the Agent.
- THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
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.
14.1 No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14.2 Unless specifically provided otherwise, rights and remedies arising under these Terms and Conditions are cumulative and do not exclude rights and remedies provided by law.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
- ENTIRE AGREEMENT
These Terms and Conditions constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malta and the parties hereby submit to the exclusive jurisdiction of the Maltese courts.