TERMS OF ENGAGEMENT FOR CANDIDATES SEEKING OVERSEAS EMPLOYMENT
All and any business undertaken by Teaching Abroad Direct Limited for Candidates looking for overseas employment is undertaken subject to these Terms of Engagement For Candidates Seeking Overseas Employment (the ‘Terms’), to the exclusion of any other terms and conditions.
By registering with Teaching Abroad Direct Limited for overseas employment and/or instructing Teaching Abroad Direct Limited to seek overseas employment opportunities, the Candidate shall be deemed to have accepted these Terms.
1. Definitions and Interpretation
‘Candidate’ means a person seeking employment using TAD’s recruitment services with a view to being employed overseas by a Client;
‘Candidate Data’ means data pertaining to the Candidate which is provided to TAD by the Candidate or which is otherwise obtained by TAD;
‘Client’ means the person or business instructing TAD to source and introduce Candidates to it (or any of its subsidiary undertakings or associates as such terms are defined by the Companies Act 2006) with a view to employing a Candidate overseas, or a person or business to whom a Candidate is introduced by TAD for the same purpose;
‘Data Protection Law’ means the EU Data Protection Directive 95/46/EC (as amended or replaced) and any equivalent data protection laws in any other territory, including Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (as and when said Regulation becomes applicable); and data controller, data processor and personal data shall have the meanings given in the Data Protection Law;
‘TAD’ means Teaching Abroad Direct Limited, a company registered in England and Wales, registered number 07902945, whose registered office is Kemp House, 152 – 160 City Road, London EC1V 2NX.
In these Terms, words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa. The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. Obligations of the Candidate
2.1 Before TAD begins to seek employment on behalf of the Candidate, the Candidate must provide TAD with a copy of his Curriculum Vitae (CV), full details of the position for which he would like to be considered and all other information reasonably requested by TAD in order to enable TAD to arrange an introduction with a Client including, without limitation:
(a) acceptable proof of identity;
(b) full details together with supporting evidence of the relevant experience, training, qualifications and professional body authorisations of the Candidate; and
(c) the names of two referees (who are not relatives of the Candidate) who the Candidate agrees may be approached at any time for the purpose of obtaining references regarding the Candidate.
2.2 By providing the information referred to in clause 2.1 the Candidate consents to its disclosure and to the disclosure of any other pertinent information held by the Company relating to the Candidate, to any Client in order to progress any introduction or employment application.
2.3 The Candidate warrants that all and any information or other details provided to TAD by the Candidate is true, complete, accurate and up to date.
2.4 The Candidate agrees that it will not engage in any conduct which could be detrimental to the interests of a Client or to TAD.
2.5 The Candidate shall immediately inform TAD should it become aware of any circumstances under which it would be detrimental to the interests of TAD, the Client or the Candidate for the Candidate to take up employment with any Client.
2.6 The Candidate agrees to notify TAD immediately upon receiving an offer of employment from a Client and will provide full details of the terms of the offer and in particular the remuneration and benefits package.
2.7 TAD accepts no liability for any damage, loss or expense suffered by the Candidate should any Client withdraw any offer of employment at any time for any reason.
2.8 TAD accepts no liability for any damage, loss or expense suffered by the Candidate by reason of his decision to resign from his current employment or work before or after receipt of a Client’s offer of employment.
2.9 The Candidate acknowledges that in the event TAD receives or obtains information indicating that the Candidate is or may be unsuitable to be employed by the Client, TAD may be obliged to, and if so will, inform the Client of this information without incurring any liability to the Candidate.
2.10 If the Candidate accepts an offer of employment, the Candidate shall be responsible for obtaining a passport together with any ancillary documents necessary to enable the Candidate to travel to the Client’s overseas location and the Candidate shall be responsible for complying with all local laws. TAD is not and shall not be liable for the Candidate’s transportation, remuneration, accommodation or other benefits or services to be provided by or on behalf of the Client and TAD shall have no liability for any other acts or omissions of the Client.
2.11 Any contract of employment which is entered into shall be solely between the Candidate and the Client. TAD shall not be liable for any breach of a contract of employment by either party, nor shall TAD be liable for any event which results in a contract of employment not being fulfilled. If the Candidate’s employment is terminated for any reason by the Client, it is not TAD’s responsibility to rectify the situation or to find the Candidate alternative or interim employment.
3. TAD’s Obligations
3.1 When the Candidate provides TAD with a copy of his CV (and any other information required by TAD under clause 2.1 above), TAD will use reasonable endeavours to look for overseas employment for the Candidate and where appropriate, introduce the Candidate to a Client. Introductions will only be made if TAD, at its sole discretion, considers it appropriate to do so.
3.2 TAD is under no obligation to actually find employment for the Candidate.
3.3 TAD cannot guarantee to find a suitable vacancy for each Candidate nor that a Candidate will be ultimately selected by a Client.
3.4 The Candidate accepts that TAD can give no warranty as to the ultimate suitability of any vacancy that it does find.
3.5 An offer of employment made to a Candidate may be subject to the Client obtaining satisfactory references or background checks on the Candidate.
3.6 TAD undertakes that all services provided by it to the Candidate under these Terms will be provided free of charge.
3.7 TAD is acting as an Employment Agency (as defined in the Employment Agencies Act 1973, as amended) in discharging its obligations under these Terms.
4. Data Protection Act 1998
4.1 For the purposes of the Data Protection Act 1998, the Candidate acknowledges and agrees and that TAD may collect, process and store personal data (including sensitive personal data) in respect of which of the Candidate is the data subject for all matters and purposes related to TAD’s business relationship with the Candidate and in particular to facilitate the introduction of the Candidate to a Client in accordance with these Terms. The Candidate agrees that by accepting these Terms it has given its consent to TAD collecting, processing and storing such personal data (including sensitive personal data) concerning the Candidate in the manner required by the Data Protection Act 1998.
4.2 For the purposes of this clause 4 “sensitive personal data” means personal data consisting of information regarding the racial or ethnic origin of the data subject; his political opinions; his religious beliefs or other beliefs of a similar nature; whether he is a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992); his physical or mental health or condition; his sexual life; the commission or alleged commission by him of any offence; or any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.
4.3 For the purposes of these Terms, TAD (and/or any third party appointed by TAD as a processor of Candidate Data under these Terms) will be acting as a data processor on the Candidate’s behalf with respect to the Candidate Data, whilst the Candidate shall remain at all times the data controller with respect to the Candidate Data. The parties acknowledge that some Candidate Data will contain personal data.
4.5 The Candidate represents and warrants that where required to do so, it has obtained any necessary consents, permits and authorisations to enable TAD to process Candidate Data on the Candidate’s behalf and that the Candidate shall comply with the Data Protection Law with respect to the processing of the Candidate Data by TAD on its behalf.
5. Force Majeure
Neither party shall have any liability for any delay or failure in performance of its obligations to the other party where this arises from matters outside its reasonable control, provided that the provisions of this clause 10 shall not be invoked to excuse any payment obligation of the Client.
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
Any failure by the Agency to enforce at any particular time any one or more of the provisions of these Terms shall not be deemed a waiver of any of the Agency’s rights under these Terms, nor of the Agency’s right to subsequently enforce any of the provisions of these Terms.
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.
9. Governing Law and Jurisdiction
These Terms are governed by the law of England and Wales and are subject to the non-exclusive jurisdiction of the Courts of England and Wales.