Section 8 – Referencing Terms & Conditions
8.1 Copyright and Confidentiality
(a) Title to and all of the intellectual property rights in all reports and information provided to the Client by the Company shall at all times remain vested in the Company and the Client shall acquire no intellectual property rights whatsoever therein. The Client shall be entitled to make such number of copies thereof as it may reasonably require for those purposes permitted under sub-section 8.1 (b) below.
(b) The Client undertakes that it shall use all information provided by the Company solely for the internal purposes of ratification of candidate details for recruitment purposes only and agrees to:
i) Keep the information strictly confidential;
ii) Not publish all or any part of the information;
iii) Not allow any Applicant to see all or any part of the document;
iv) Not divulge or disclose all or any part of the information to any third party;
v) Permit access to the information only to those of its officers or employees who need to know the information and, without limiting the liability of the Client for breach of this Section, the Client shall ensure that its officers and employees also comply with the provisions of this Section.
The Client agrees that it will at all times comply with all data protection laws and regulations (including the Data Protection Act 1998).
The Client agrees that it will maintain appropriate technical and organisational security measures and procedures to prevent accidental or unauthorized persons gaining access to all or any part of the information relating to a candidate provided by the Company.
The Client will inform the Company immediately on becoming aware of any unauthorised use and/or disclosure all or any part of any material relating to an Applicant.
8.3 Liabilities of the Company and the Client
a) The Client agrees and acknowledges that the information provided to it by the Company is provided on the assumption that it is not used as the sole basis of the decision of the Client regarding whether to engage an Applicant. The Company does not take up references on Applicants unless it specifically agrees to do so and the Client is advised and recommended to do so before making an offer of Engagement. The Client shall not make any approach to any Applicant’s present or prior employers without the Applicant’s prior written consent.
b) The Client acknowledges that information regarding Applicants will represent or be based on information provided to the Company by third parties whose accuracy the Company cannot control.
c) The Client acknowledges and agrees that:
i) The Company does not make any warranty (express or implied) as to the accuracy of any information provided in relation to an Applicant or the validity of any advice given or opinion expressed on the basis of such information or as to the suitability of any Applicant Introduced by the Company;
ii) Subject to sub-Section c (iii) below, the Company shall not be liable to the Client for any loss, liability, damage, costs, claims or expenses suffered or incurred by the Client arising (either directly or indirectly) from or connected with: (i) Its use of any information provided by the Company in relation to an Applicant or its reliance upon any advice or opinion expressed on the basis of such information or otherwise; (ii)The interviewing or Engagement of any Applicant (including, but not limited to, in relation to any claim made by an Applicant); (iii) any act or omission of an Applicant in pursuing his/her employment duties. Subject to sub-Section c(iii) below, the Company will not be liable for any indirect or consequential loss or loss of profits incurred by the Client.
iii) The Company does not exclude liability for death or personal injury arising from its own negligence or liability for fraud or fraudulent misrepresentation.
iv) The Client shall fully and effectively indemnify and keep indemnified the Company on demand for any and all losses, damages, liabilities, penalties, suits and expenses arising out of or relating to: (a) Any breach by the Client of its obligations under these Terms and Conditions; or (b) The Engagement of any Applicant and any act or omission of any Applicant in pursing his/her employment duties.
8.4 Co-operation and Assistance
The Client shall at its own cost co-operate with the Company to such extent and provide to the Company such information and assistance as the Company shall reasonably require to enable the Company to perform its obligations under these Terms and to enable Total Annual Commencing Remuneration to be calculated.
The Company will assume all responsibility for gaining the consent from the candidate to be reference checked.