This Agreement is effective from 1 April 2013 and supersedes any previous agreements
PARTIES
1. (1)EMPLOYMENT TIGER LTD incorporated and registered in England and Wales with company number 07557828 whose registered office is at 1 Brandon Road, London, N7 9AA (ET). 2. (2)Customer is any individual using the services provided by ET.
AGREED TERMS.
1. INTERPRETATION
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Commencement Date: means the date as set out in clause 3.2. Conditions: these terms and conditions as amended from time to time in accordance with clause 21.
Contract: the contract between ET and the Customer for the supply of Services in accordance with these Conditions.
Customer: the person who purchases the Service from ET.
CV means the curriculum vitae for the Customer formatted for a Potential Employer.
Employment: means the commencement of employment or arrangement for the provision of his services with a Potential Employer as a result of ET’s Service.
ET: means Employment Tiger Ltd (company number 07557828) whose registered office address is at 1 Brandon Road, London, N7 9AA.
Membership Fee: means a fixed non-refundable membership fee of £129.00 (plus VAT)
Employment Advocate: an employee of ET who will provide the Customer with interview preparation and coaching, mock interviews and training for the purposes of seeking employment.
Potential Employer: means a suitable entity or person seeking to engage employees.
Services: the services to be provided by the ET under this Contract as set out in Schedule 1, together with any other services which the ET provides or agrees to provide to the Customer.
Order: the Customer’s order for Services made either via www.employmenttiger.com or by telephoning ET on 0203 468 0999.
1.1 Clause, schedule and paragraph headings shall not affect the interpretation of this Contract.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
1.3 The schedules form part of this Contract and shall have effect as if set out in full in the body of this Contract. Any reference to this Contract includes the schedules.
1.4 Words in the singular shall include the plural and vice versa.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.6 Where the words include(s), including or in particular are used in this Contract, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
2. COMMENCEMENT AND DURATION 2.1 ET shall provide the Services to the Customer from the Commencement Date and on the terms and conditions of this Contract. 2.2 The Services supplied under this Contract shall cease on Employment, provided that the provision of services provided by the Employment Advocate shall continue to be supplied as long as is required by the Customer 2.3 ET may terminate this agreement by giving notice to the Client, unless this agreement is terminated in accordance with clause 8.
3. BASIS OF CONTRACT
3.1 The Customer hereby appoints the ET as a supplier of the Services on these Conditions.
3.2 The Order constitutes an offer by the Customer to purchase the Services in accordance with these Conditions. The Order shall only be deemed to be accepted when ET issues a written acceptance of the Order at which point and on which date this Contract shall come into existence (“Commencement Date”).
3.3 This Contract constitutes the entire Contract between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of ET which is not set out in this Contract.
3.4 The Customer acknowledges that in entering into this Contract ET gives no guarantee of Employment or any offer of Employment.
3.5 Any quotation given by ET shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
4. FEES AND PAYMENT
4.1 In consideration of and prior to the provision of the Services by ET, the Customer shall pay to ET the Membership Fee together with additional payments as listed in Schedule 2 (Additional Payments) for each CV and supporting covering letter to be prepared, immediately upon placing the Order.
4.2 Prices are liable to change at any time, but changes will not affect Orders in respect of which ET has already sent written acceptance of those Orders to the Customer.
4.3 The Customer shall pay ET immediately upon placing the order either by credit or debit card through ET’s secure payment service provided by Sage Pay. If payment is made by credit card, ET will charge a supplement of 3% on the amount due. All payments made via Sage Pay are subject to its terms and conditions available on www.sagepay.com/terms_conditions
5. ET’S OBLIGATIONS
5.1 ET shall use reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only and time for performance by ET shall not be of the essence of this Contract.
5.2 ET shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and ET shall notify the Customer in any such event.
5.3 ET warrants to the Customer that the Services will be provided using reasonable care and skill.
6. CUSTOMER’S OBLIGATIONS
6.1 The Customer shall:
6.1.1 ensure that the terms of the Order are complete and accurate;
6.1.2 co-operate with ET in matters relating to the Services;
6.1.3 provide ET with such information as ET may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects.
6.2 If ET’s performance of any of its obligations under this Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
6.2.1.1 ET shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays ET’s performance of any of its obligations;
6.2.1.2 ET shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from ET’s failure or delay to perform any of its obligations as set out in this clause 6; and
6.2.1.3 the Customer shall reimburse ET on written demand for any costs or losses sustained or incurred by ET arising directly or indirectly from the Customer Default.
7. DELIVERY
7.1 ET will use all reasonable endeavours to meet orders for the Services and shall notify the Customer of estimated delivery dates for an Order as soon as is reasonably practicable. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
7.2 ET shall not be liable for any delay in delivery of the Order that is caused by a Force Majeure Event or the Customer’s failure to provide ET with adequate delivery instructions or any other instructions that are relevant to the delivery of the Order.
7.3 Each Order will be delivered by a commercial courier. The courier will attempt to deliver an Order three times before returning the Order to ET. If the Client has not provided the correct delivery address and/or is unavailable to accept delivery, the Order may be returned to ET’s offices and an additional charge may be incurred for redelivery of an Order
7.4 It is the Client’s responsibility to ensure that ET is notified in writing of any changes of address that may occur during provision of the Service, or any preferred originating address for the Service. If an Order is returned due to incorrect or wrong address, an additional charge may be incurred for redelivery of an Order
8. REFUND POLICY
8.1 The Customer has the right to cancel this Contract in relation to the Services by giving ET not less than 3 Business Days written notice from the date of placing the Order;
8.2 Subject to clause 8.3 and to ET being entitled to deduct an administrative charge in the sum of £45.00, the Customer shall be entitled to a refund in respect of any Additional Payments.
8.3 If an Order has been placed by the Customer before cancellation and production of the Order has commenced, ET reserves the right to make an additional charge for time and materials utilised.
8.4 If any letters addressed to a Potential Employer are returned to the Customer marked as incorrect or wrong address or incorrect contact, ET will replace the said letters within seven Business Days of notification.
8.5 Subject to clause 8.4, the Customer is entitled to claim refund for the incorrectly addressed letters which must be returned to ET at 1 Brandon Road, London N7 9AA. Any refund paid pursuant to this clause 8.5 will include the cost of postage incurred by the Customer of returning the incorrectly addressed letters to ET.
8.6 The Membership Fee, as stated on our pricing policy is non refundable.
8.7 Where the CV Writing Service only has been purchased, the membership fee in 8.6 above will be non- refundable.
8.8 Where the Interview Preparation service only has been purchased, and an interview session has been carried out no refund is payable. If no interview preparation session has been carried out, the client shall receive a full refund.
9. DATA PROTECTION The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of ET in connection with the Services.
10. INTELLECTUAL PROPERTY RIGHTS All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by ET.
11. CONFIDENTIALITY 11.1 Neither party shall during and after termination of this Contract, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature. 11.2 Each party shall on demand and on termination of this Contract surrender all materials relating to such confidential information in its possession.
12. LIMITATION OF LIABILITY: THE CUSTOMER’S ATTTENTION IS PARTICULARY DRAWN TO THIS CLAUSE
12.1 Nothing in these Conditions shall limit or exclude ET’s liability for:
12.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
12.1.2 fraud or fraudulent misrepresentation; or
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12.2 Subject to clause 14.1:
12.2.1 ET shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Contract; and
12.2.2 ET’s total liability to the Customer in respect of all other losses arising under or in connection with this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services in respect of which such loss may have been suffered.
12.3 Except as set out in this Contract, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
12.4 This clause 12 shall survive termination of this Contract.
13. FORCE MAJEURE
13.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of ET including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of ET or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
13.2 ET shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
13.3 If the Force Majeure Event prevents ET from providing any of the Services for more than four weeks, ET shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
14. ASSIGNMENT
14.1 ET may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Contract.
14.2 Each party that has rights under this Contract is acting on its own behalf and not for the benefit of another person.
15. NO AGENCY Nothing in this Contract is intended to, or shall operate to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
16. RIGHTS OF THIRD PARTIES A person who is not a party to this Contract shall not have any rights under or in connection with it.
17. NOTICES
17.1 Any notice or other communication required to be given by the Customer to ET must be given in writing and delivered to Employment Tiger Ltd at Customer Service Department, 1 Brandon Road, London N7 9AA either personally or to be sent by prepaid first class pots, recorded deliver or by commercial courier.
17.2 ET may give notice or other communication required in connection with this Contract in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, by e-mail to the postal and e-mail address provided at the time of placing the Order.
17.3 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the third Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed or if delivered by e-mail at the time that the e-mail was sent to the specified e-mail address of the addressee.
17.4 This clause 17.4 shall not apply to the service of any proceedings or other documents in any legal action.
18. WAIVER
18.1 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. 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.
18.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
19. SEVERANCE
19.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
19.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20. ENTIRE AGREEMENT
20.1 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or contracts between them, whether written or oral, relating to the subject matter of this Contract.
20.2 Each party acknowledges that, in entering into this Contract it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that its only liability in respect of those representations and warranties that are set out in this Contract (whether made innocently or negligently) shall be for breach of contract. 20.3 Nothing in this clause shall limit or exclude any liability for fraud.
21. VARIATION
21.1 Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall be binding when ET acknowledges receipt of payment from the Customer.
21.2 ET shall have the right to make any changes to these Conditions which are necessary to comply with any applicable law and to reflect changes in market conditions. ET shall notify the Customer in any such event.
22. GOVERNING LAW AND JURISDICTION This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
SCHEDULE 1- SERVICES 1. Preparing a CV and covering letter to Potential Employer 2. Conducting research on a Potential Employer 3. Providing continued access to Employment Advocates
SCHEDULE 2- ADDITIONAL PAYMENTS 1. Under 100 Potential Employer contacts= £2.49 per contract 2. 101 to 250 Potential Employer contacts= £1.99 per contract 3. 250+ Potential Employer contacts= £1.49
