Candidate Terms of Business
Candidate - Terms and Conditions of Business
1 Acceptance of terms and conditions
A Candidate will be deemed to have accepted and agreed to these Terms and Conditions, when they submit their CV to The Headhunter Group (THH) and any of its subsidiaries or by virtue of their registration on our Website www.theheadhunter.com or THH provides Recruitment Services to the Candidate.
2 Definitions
In these Terms and Conditions, the following words will have the following meanings:
Affiliate in relation to a Party, any person that Controls, is Controlled by, or is under common Control with that Party;
Agreement the Agreement containing these Terms and Conditions;
Candidate any person who approaches The Headhunter (THH), or is approached by The Headhunter (THH) with a view to being Introduced to its Clients for job opportunities;
Client any person, firm or company who approaches The Headhunter (THH) with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to whom a Candidate is Introduced by The Headhunter (THH);
Control in relation to a Party, direct or indirect beneficial ownership of more than 50% of the share capital, stock or other participating interest carrying the right to vote or to the distribution of profits of that Party, as the case may be;
Data Protection Legislation up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998
The Headhunter Holding Group, its subsidiaries The Headhunter LTD - Albania; The Headhunter Karriera LLC - Kosovo; The Headhunter Karriera LLC - Bulgaria; The HeadHunter Macedonia Skopje Dooel; The HeadHunter Montenegro DOO; The Headhunter BiH( together referred to as “The Headhunter”, “us” or “we”) respect your privacy and are committed to protecting your personal data. The Headhunter (THH) is a personal data controller. This means that we are responsible for deciding how we hold and use personal data about you. This notice is aimed at informing you of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the local data protection law;
Engage(s) (or Engagement or Engaged) the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client;
Introduce (or Introduction) the provision to a Client of a curriculum vitae or any other details, whether written or oral, of the Candidate, whether or not the Candidate had knowledge of that Client before the Introduction;
The Headhunter, a company registered and fully operational in the USA, Albania, Kosovo, N.Macedonia, Bulgaria, Serbia, Montenegro, Greece, Cyprus, Bosnia & Herzegovina under each country's applicable legislature.
Party (or Parties) THH and the Candidate, and 'Party' will mean either one of them;
Recruitment Services the provision of recruitment services by THH.
3 Recruitment Services
3.1 THH provides Recruitment Services, subject to the terms and conditions of this Agreement.
3.2 The Recruitment Services are provided to the Candidate free of charge, on the basis that THH may be paid a fee by its Client.
3.3 THH does not represent, warrant or undertake to find a suitable position for the Candidate. Furthermore, THH is under no obligation to forward a Candidate's details to a Client where the Candidate is in THH's reasonable opinion unsuitable.
3.4 If the recruitment process includes an online application form, THH may with the Candidates consent complete the application form on a Candidate's behalf. In those circumstances THH will email the Candidate a list of the questions to be answered, and will use the answers provided to complete the online application form.
3.5 THH may review a Candidate's CV and reserves the right but has no obligation to correct grammatical and spelling errors contained therein and redact Personal Data prior to submitting it to a Client.
3.6 Unless otherwise agreed in writing, THH nor the Client is responsible for any out-of-pocket expenses including travel, parking and accommodation incurred by the Candidate in attending an interview with a Client. For the avoidance of doubt, if a Client agrees to reimburse a Candidate in respect of interview expenses the arrangement is a private one between the Candidate and the Client.
4 Candidate obligations
4.1 The Candidate will provide THH with :
4.1.1 a full and accurate Curriculum Vitae;
4.1.2 copies of qualifications and membership of professional bodies (if requested);
4.1.3 full and accurate information in response to a request under clause 3.4.
4.2 The Candidate acknowledges and agrees that by submitting his Curriculum Vitae to THH
4.2.1 he authorises THH to act on his behalf for the purpose of the Recruitment Services;
4.2.2 he authorises the disclosure of his CV, and other relevant information including qualifications to Clients and prospective Clients of THH. THH will not forward your Curriculum Vitae to a Client without your prior consent.
4.3 The Candidate will notify THH immediately on the occurrence of the first of the following events:
4.3.1 he accepts an offer of employment from the Client; or
4.3.2 the commencement of an Engagement with a Client,
including any Affiliate of the Client.
4.4 If requested by THH, a Candidate will provide names and full contact details of at least two referees whom the Candidate agrees THH and/or its Client may approach for the purpose of obtaining a reference for the Candidate.
4.5 The Candidate will inform THH immediately if he becomes aware of any circumstances which would render such Engagement detrimental to his interests or those of THH and/or the Client.
4.6 During the Recruitment Services, the Candidate will not engage in conduct that may have a detrimental impact on the reputation of THH or any Client.
5 Data protection
5.1 THH will comply with its obligations under the Data Protection Legislation.
5.2 Further information about how we may use Candidates Personal Data can be found in our Privacy Policy https://www.careers-page.com/t...
6 Warranties, liability and indemnities
6.1 It is acknowledged by the Candidate that our Client has the responsibility for review of Curriculum Vitae, the shortlisting of potential candidates for interview and any job offers.
6.2 THH gives no warranty as to the suitability of an Engagement for a Candidate. The Candidate will satisfy himself as to the suitability of the Client as a potential employer and the suitability of the job title and job specification before attending any interview or accepting a job offer.
6.3 THH is not liable to the Candidate for any loss, injury, damage, expense or delay incurred or suffered by the Candidate arising directly or indirectly from or in any way connected with the Introduction to or the Engagement, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of THH. In particular, but without limiting the generality of the foregoing, THH will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:
6.3.1 any failure of the Client to meet the Candidate's requirements;
6.3.2 any act or omission of a Client, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise including the Client's failure to
(a) respond or rejection of your job application,
(b) contact THH to confirm an interview after requesting an interview is arranged;
(c) attend a confirmed interview;
(d) provide any feedback after an interview;
6.3.3 the withdrawal by a Client of an oral or written job offer; or
6.3.4 any loss, injury, damage, expense or delay suffered by a Candidate.
6.4 THH is not liable to the Candidate in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Candidate of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
6.5 Except where clause 6.6 applies, THH's liability to the Candidate shall not exceed the aggregate of the fees paid by a Client for the Introduction of a Candidate.
6.6 Notwithstanding any other provision of the Contract, the liability of THH shall not be limited in any way in respect of the following:
6.6.1 death or personal injury caused by negligence;
6.6.2 fraud or fraudulent misrepresentation;
6.6.3 any other losses which cannot be excluded or limited by applicable law
6.7 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
7 General
7.1 In this Agreement unless the context otherwise requires:
7.1.1 words importing any gender include every gender;
7.1.2 words importing the singular number include the plural number and vice versa;
7.1.3 words importing persons include firms, companies and corporations and vice versa;
7.1.4 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
7.1.5 the headings to the clauses paragraphs of and schedules to this Agreement are not to affect the interpretation;
7.1.6 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
7.1.7 where the word 'including' is used in this Agreement, it will be understood as meaning 'including without limitation'.
8 Applicable law and jurisdiction
8.1 The validity, construction and performance of this Agreement is be governed by each subsidiary law and will be subject to the exclusive jurisdiction of each subsidiary established country courts to which the Parties submit.