Doc2uk ltd CANDIDATE TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions shall apply to the provision of Services by the Agency to the Candidate.

In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Candidate or otherwise), the former shall prevail unless expressly otherwise agreed by the Agency in writing.

By agreeing to these Terms and Conditions, the Candidate allows the Agency to put forward his or her personal and professional details (including documents) for review by NHS Hospitals for substantive job recruitment.

INTRODUCTION:

I acknowledge that in seeking employment for me, doc2uk Ltd will be acting as an employment agency as defined in sections 13 (2) of the Employment Agencies Act 1973 (as amended). In providing its services, I understand that doc2uk Ltd will use its reasonable commercial endeavours to put my details forward for posts which (based on the specifications and information I give) doc2uk Ltd reasonably thinks will be of interest to me. I accept that there is no guarantee as to placement. I understand my details will be available on their encrypted database accessible only to the Employers, together with certain other third parties each of which is under a confidentiality obligation, and that my details may occasionally be sent directly to Employers by doc2uk Ltd, typically via email.

I declare that the information given in this Candidate Registration Form, in my own Curriculum Vitae (CV), written references and other information from interviews or telephone conversations provided by me to doc2uk Ltd are true and give an accurate, complete view of the details relevant to those considering me for employment. I acknowledge that it is my responsibility to ensure my CV and registration details are kept up-to-date at all times. If any of the information I have provided changes I will promptly let doc2uk Ltd know.

It is my responsibility to ensure that any referees I list are aware that I have forwarded his/her details to doc2uk Ltd and that they may be contacted by prospective employers. I confirm that these individuals have consented to be my referees and to the use and disclosure of their details in the stated manner and I give doc2uk Ltd the authority to confirm to my prospective employers that they may pursue and take up my references without first seeking my consent.

I authorise doc2uk Ltd to disclose information including my CV and references in respect of an application or a speculative submission of my CV for a position to persons, companies or organisations who may be seeking to employ me. I am aware that in the event the information requested by doc2uk Ltd is not supplied by either me or other persons or bodies, or is not satisfactory, then my application may not be considered. I authorise doc2uk Ltd and/or any prospective employer to contact my previous employers and/or persons who have engaged me to provide information related to my employment with them. This information is to be used as a part of my application for work. I am aware that my details would be placed on doc2uk Ltd web platform for different employers to review and perhaps conduct interviews on the same platform.

Additionally, if I have been employed or engaged by a client of doc2uk Ltd and the information is found to be inaccurate or misleading I accept my employment may be summarily terminated and doc2uk Ltd may refuse to offer its services to me in the future.

General

I agree that once I have signed and agreed to any overseas employment contract through doc2uk Ltd, I am liable to pay costs relating to visa applications and/or medicals required to gain a work permit and any flights or other travel costs. I understand that doc2uk Ltd would not charge me for provision of any of their services.

I accept that doc2uk Ltd may cease to provide the recruitment services to me if my conduct is such (whether before, during and/or after any placement/attempted placements) that doc2uk Ltd (in its sole opinion) no longer wishes to provide me with recruitment services, including but not limited to where any engagement with a client of doc2uk Ltd ends due to my misconduct.

I confirm that doc2uk Ltd may retain my application and may continue to use it until I advise it that I am no longer seeking employment through doc2uk Ltd. I understand that approximately one year after my last contact with doc2uk Ltd my application will, in any event, be deleted and/or destroyed. I accept that the contract between myself and doc2uk Ltd is governed by UK law and that any dispute will be subject to the exclusive jurisdiction of the England courts.

I understand that this contract is personal to me but that doc2uk Ltd may assign and/or sub-contract its rights and/or obligations under this contract to a third party without my consent.

I accept that doc2uk Ltd shall have no liability to me for any loss of profits, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable by it at the time of this contract. However, nothing excludes doc2uk Ltd’s liability for death or personal injury due to its negligence, fraud or any other liability which it cannot exclude as a matter of law. I understand that I can get further information about my legal rights from my local Trading Standards Department or Citizen’s Advice Bureau.

• 1. Definitions and Interpretation

  • 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

    “Agency”	means Doc2uk Ltd. a company registered in the UK under number 10831141 whose registered office is at 22 Camborne Road, Edgware, UK - HA8 8FD;
    “Candidate”	means any person, being a qualified doctor holding the minimum level of qualifications to work as a doctor in the UK, using the Services for the purposes of finding employment;
    “Client”	means any person, firm or company (NHS Hospitals / NHS Trusts) registering with the Agency as an employer, including any associates or subsidiaries;
    “Database”	means the digital platform created by and owned by the Agency, providing recruitment information about prospective Candidates and through which interviews may be conducted between Clients and prospective Candidates;
    “Personal Data”	means data relating to a living individual (in this case the Candidate) that enables them to be identified and includes, but is not limited to, the Candidate’s name, address, telephone number and email address; and
    “Services”	means the employment agency services provided by the Agency to the Candidate as set out in these Terms and Conditions.

    
    

  • 1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

    • 1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

    • 1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

    • 1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

    • 1.2.4 a Schedule is a schedule to these Terms and Conditions; and

    • 1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

    • 1.2.6 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

  • 1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

  • 1.4 Words imparting the singular number shall include the plural and vice versa.

  • 1.5 References to any gender shall include the other gender.

• 2. The Contract

  • 2.1 Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by a Director of the Agency.

  • 2.2 The Candidate accepts these Terms and Conditions as part of the registration process with the Agency and by this acceptance has agreed to be bound by these Terms and Conditions during the course of its relationship with the Agency.

  • 2.3 These Terms and Conditions (as may be updated from time to time) supersede all previous terms of business.

• 3. The Services

  • 3.1 The Agency reviews registered Candidates’ documents and places them on the Database for review and potential engagement by Clients. The Agency may also send information provided by Candidates directly to Clients, typically by email.

  • 3.2 The Agency facilitates the interview process between the Client and Candidate.

  • 3.3 The Agency shall provide its services to the Candidate as an employment agency at no cost to the Candidate.

  • 3.4 The Candidate may access information about the process of the NHS recruitment on the Agency’s website and through the Database. The information provided herewith is accurate to the best knowledge of Agency. Nevertheless, the Agency will not be held accountable for any information which is missed or not communicated.

  • 3.5 The Agency will endeavour to enhance a Candidate's prospects of getting a job by supporting them in their CV and interview preparation.

  • 3.6 The Agency shall use reasonable endeavours to inform the Candidate of any and all vacancies for which the Candidate is suitable and which meet the Candidate’s requirements.

  • 3.7 The Agency will inform the Candidate of any Client’s interest in interviewing them for a role specifically available in their organisation.

  • 3.8 Whilst the Agency shall use its reasonable endeavours to inform the Candidate of vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available or that the Candidate shall be informed of all available vacancies.

  • 3.9 Whilst the Agency requires its Clients to ensure that all information provided to it is complete, accurate and up-to-date, the Agency does not provide any warranty or guarantee of any kind that the vacancy advertisements and other information made available to the Candidate are complete, accurate and up-to-date.

• 4. Vacancy Notifications

  • 4.1 Unfortunately, there is no provision currently to automatically inform or update a Candidate about existing or new vacancies.

  • 4.2 Jobs matching Candidates criteria will be sent to their emails at their request.

  • 4.3 The Agency shall be under no obligation to send such emails and cannot make any guarantee with regard to the number of vacancies featured in each email.

• 5. Candidate Information

  • 5.1 In order to use the Services, the Candidate shall be required to provide details which shall include, but not be limited to, those regarding their contact information, qualifications, training, experience, employment history and references. The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies. The Candidate is expected to upload copies of the aforementioned documents onto the Database for the Agency and Clients to review.

  • 5.2 The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete and up-to-date.

  • 5.3 In the event that the information submitted to the Agency becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.

  • 5.4 Where any of the information submitted to the Agency contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to submitting the information.

  • 5.5 By registering with the Agency, the Candidates are expected to be represented by the Agency for job positions. The Candidates will immediately inform the Agency is a Client contacts them other than through the Database, or if a Client discusses or encourages a Candidate to directly apply for a post in the Client’s or any other organisation without going through the Database. Breach of this Clause 5.5 shall entitle the Agency to immediately de-register the Candidate from the Database and cease any further communication with that Candidate.

  • 5.6 By registering with the Agency, the Candidate formally agrees for the Agency to validate preliminarily their personal and professional data including, but not limited to, Medical Council of India registration.

• 6. Applications

  • 6.1 When applying for a vacancy, the Candidate must ensure that they:

    • 6.1.1 have read the complete details of the vacancy;

    • 6.1.2 understand the requirements of the vacancy;

    • 6.1.3 meet the requirements of the vacancy;

    • 6.1.4 possess any requisite qualifications required by the vacancy; and

    • 6.1.5 have obtained or applied for any relevant permits or authorisations.

  • 6.2 When completing forms or any other application documents the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.

  • 6.3 In the event that the information submitted to a Client becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Client as soon as is reasonably possible.

  • 6.4 Where any of the information submitted to a Client contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Client prior to submitting the information.

  • 6.5 The Agency shall forward the Candidate’s details to Clients for the purpose of the relevant vacancy only. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, they must submit separate applications for each vacancy.

  • 6.6 The Agency reserves the right and the discretion to decline to forward applications to its Clients if it considers them to be in breach of these Terms and Conditions.

• 7. Data Protection

  The Agency will collect certain Personal Data and other information from the Candidate which is required for the provision of the Services. Such Personal Data is collected, held and processed by the Agency in accordance with the Agency’s privacy policy.

• 8. Liability

  • 8.1 The Agency shall not be liable for any of the following:

    • 8.1.1 the loss of any data, CV’s or other materials or information submitted by the Candidate;

    • 8.1.2 any errors or inaccuracies present in the information presented to Candidates including, but not limited to, vacancy advertisements;

    • 8.1.3 the failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;

    • 8.1.4 any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and

    • 8.1.5 any loss or damage of any kind, howsoever caused arising out of any material submitted to the Agency by the Candidate.

  • 8.2 Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability for death or personal injury arising out of its own negligence.

• 9. Indemnity

  The Candidate shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services; its submission of any information set out in these Terms and Conditions or any other information; any applications it may submit to any Client; or any breach of any part of these Terms and Conditions.

• 10. Force Majeure

  Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

• 11. Notices

  • 11.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Agency or by the Candidate.

  • 11.2 Notices shall be deemed to have been duly given:

    • 11.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or

    • 11.2.2 when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

    • 11.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

    • 11.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.

  • 11.3 All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

• 12. Relationship of Parties

  Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Agency and the Candidate.

• 13. Third Parties

  Nothing in these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to these Terms and Conditions.

• 14. Severance

  In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid, void or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable, to the fullest extent of the law.

• 15. Modification

  • 15.1 The Agency may modify these Terms and Conditions at any time. In the event that modifications are made, the details of any such modifications will be made available on the Agency’s website (www.doc2uk.com). Candidates will also be notified of any such modifications.

  • 15.2 If the Candidate does not agree with any modified terms and conditions the Agency may introduce, they should notify the Agency in writing (which may include email) and cease using the Services immediately upon being notified of such modifications. The Agency shall be entitled to de-register a Candidate from the Database in such an event.

• 16. Law and Jurisdiction

  • 16.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

  • 16.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.