TERMS AND CONDITIONS OF THE PROGRAMME
SW Training UK Ltd are Trading as Skillwise - SW Training UK Ltd 6 Birmingham Road, Birmingham, B43 6NR. 0121 713 1661. email@example.com
VAT number is 909 5531 12
- Client - the company, firm or organisation which agrees to use the Service
- Candidate - a person who has expressed an interest in a Vacancy.
- Services - the online recruitment services as listed in Clause 2.
- Terms – these terms and conditions
- Advert – description of vacancy which will be posted on the Clients behalf to the online channels
- Vacancy - the opportunity for employment of the Applicant by the Client as an apprentice. On a permanent or temporary basis, whether under a contract of service or for services; or any other engagement; directly or through a limited company of which the Applicant is an officer.
- Website – mynewapprenice.co.uk together with any sub-domains and micro sites and includes without limitation its content, databases, software, code and graphics.
- Regulations - means the Conduct of Employment Agencies and Businesses Regulations 2003 and the Employment Agencies Act 1973.
Service 1: The Advert
- Professionally Write the Client an Advert;
- Post the Clients Advert for 8 Weeks
- Forward all candidate applications to the Clients preferred email address.
- Manually "Sift" all candidate applications before forwarding applications to the Clients preferred email address,
- Arrange Interviews, Administer the process of Applicants’ being offered or rejected for a Vacancy.
Service 2: Online Training
- Provide access to online training to help preapare your apprentice for work
- Provide access to specialist marketing and social media skills through the online Skillwise Academy.
3. The Advert
The advert will appear unbranded, and no active Client e-mail addresses or web links will be shown, due to third party restrictions.
You agree Skillwise may need to modify the advert in order to optimise your vacancy for CV Database searching and to attract suitable candidates.
The advert Skillwise use remains copyright of Skillwise. All rights in the advert and any other Information or guide sent to you belongs to Skillwise and you are not authorised to copy, reproduce or otherwise use this work without prior written consent.
You understand that:
- ·The Vacancy can be viewed by anyone with internet access throughout the world
- ·Skillwise cannot guarantee a particular level of success to a Vacancy; and response rates vary from day to day and certain sectors or positions may attract higher levels of response than others.
Candidates CV’s will be forwarded by Skillwise by e-mail subject to any sifting. Skillwise will use its best endeavours to:
- Confirm the Candidate is willing to be considered for the vacancy
The Client is responsible for verifying the information contained in Candidate CV and Skillwise accepts no responsibility for the content of any such application. The Client is responsible for confirming the candidate’s eligibility to work in the UK.
The Client accepts that, following any contact with Candidates:
- ·It shall be up to the Client and the Candidate to agree how to progress
- ·The Client shall act in good faith and in a business-like and courteous manner
- ·The Client shall keep strictly confidential information disclosed by the Candidate and act in accordance with the Data Protection Acts.
5.Payment and invoicing for the Services
Payment for the services must be made prior to the commencement of the provision of the Services unless payment terms are agreed in advance.
Where payment is made by cheque or BACS (or some similar electronic payment method), the recruitment will not be placed until the payment has cleared through Skillwise’s bank account.
Skillwise cannot accept any cancellation of the Services and no refunds will be given. For the avoidance of doubt, for Services purchased online, refunds may occasionally be given at Skilwise’s sole and absolute discretion.
Refunds given for any reason will be paid back on the same terms as the payment was made to Skillwise. Skillwise reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
Immediate payment invoices must be paid in full no more than 24 hours after invoice is raised to not be deemed as a late payment and therefore subject to the below forfeits.
In the event that payment is not made on time Skillwise will:
- ·Suspend any work on any current or new vacancies until payment has been made. This will include not providing any CVsand your Advert will be suspended from online resources, including job boards.
- ·Charge Interest at the rate of 15% on fees outstanding from the due date.
6.Candidate Replacement Policy
Skillwise will re-run the campaign for 30 days should a candidate leave for any reason in the first 90 days.
As well as the option to re- run the campaign, the client can also hold their credit for 12 months or have 50% back of the ‘the advert’ subject to having satisfied the original payment terms
A vacancy readvertisment is ONLY offered when the Client has written to Skillwise to inform them of a candidate’s termination within five working days of the Candidate resigning / leaving or being dismissed, and that the original fee has been received within the agreed payment terms.
7. Money Back Guarantee
The Money back guarantee means you get all monies for "the advert" except for £99 refunded should Skillwise not provide you with a minimum of 5 candidates who are eligible for the apprenticeship programme.
For the Money Back guarantee to apply the client must:
- Pay on time- Immediate payment invoices must be paid in full no more than 24 hours after the invoice is raised to not be deemed as a late payment. Any other payment terms 7 day, 30 day etc. MUST be paid by the date due.
- ·Not fill the role via another method before the end of the campaign e.g. employee referral, internal promotion.
The is a full refund available for the online training, providing this has not been accessed at all (logging in with your username and password). This is valid at £349.
All fees are exclusive of any Value Added Taxes or other applicable sales tax. Value Added Tax will be charged at the standard rate.
If you are unable to fill your vacancy through the Candidates provided by Skillwise then after the 12 week period of us working on your vacancy, we offer the following:
- ·Re-run the vacancy for a further 8 weeks free of charge. (If this option is chosen then no further credit note or re-run will be given)
- ·A credit note for a new vacancy valid for 12 months.
We reserve the right to withdraw or amend the guarantee if you:
- ·Have not paid in accordance with the payment terms
- ·Are unresponsive to requests for information on how the Vacancy is progressing which would otherwise allow us to adjust the campaign through the 12 week period
- ·Have filled the vacancy using any aspect of Skillwise’s service
- ·Never had a genuine vacancy to fill in the first place
- ·Prevent us from working on or request Skillwise do not work on your Vacancy for the full 12 week period.
This Agreement may be terminated by Skillwise if:
- ·After providing written notice to the Client of breach of these Terms, such breaches are not rectified within 7 working days by the Client
- ·The Client fails to pay Skillwise on the due date any sums that may be due
- ·The Client is using the service for any improper use or with the intention to damage the reputation of the services
Should you be dissatisfied with any aspect of the service raise this with your Account Manager in the first instance and thereafter can be escalated to the Managing Director.
12. Equal Opportunities and Diversity Policy
Skillwise is committed to diversity and will promote diversity for all Clients and Candidates and shall adhere to such a policy at all times. Skillwise will not accept instructions from Clients that indicate an intention to discriminate unlawfully.
13. Governing Law
The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.