Terms Of Business Agreement and Privacy Policy:
By engaging the Provider ( The Vet Service Ltd ) for a candidate search, advertisement of a vacancy on this platform or any other business type that the provider is involved with including Continuing Professional Development, will bind you or the business / organisation that you represent to these Terms of Business and Privacy Policy as the receiving individual or the representative and that any deviation from these terms will be deemed a break of contract.
Overview
The Vet Service Ltd (Company Number NI652996) trading as The Vet Service, operating as an Employment Agency, Employment Business and Continuing Professional Development Provider (the “Provider”) collects data about end users of its service (“Applicants” and each an “Applicant”/”You”) when an Applicant opens an account for usage of the Provider’s services, being employment agency services provided by the Provider to the Applicant as set out in the Provider’s Terms and Conditions (as defined below)(the “Services”). The below provisions describe how the Provider collects, uses and disclosespersonal data relating to Applicants (“Data”).
If You have any questions about our policy relating to privacy and Data, please contact us at [email protected] or The Vet Service Ltd.
How we collect and use Your Data
The Provider’s lawful basis for processing Data is that (i) consent of the Applicant/Delegate/Client/Speaker is given by accepting the terms of this privacy policy and the terms and conditions between the Applicant/Delegate/Client/Speaker and the Provider in relation to the performance of the Services (the “Terms and Conditions”) and (ii) the processing of the Data is necessary for the performance of a contract with the Applicant/Delegate/Client/Speaker (being the performance of the Services pursuant to the Terms and Conditions).
It is the Provider’s policy to respect the privacy of the Applicant/Delegate/Client/Speaker. The Provider will not monitor, edit, or disclose any personal information about the Applicant/Delegate/Client/Speaker or the Services without the Applicant’s/Delegate’s/Client’s/Speaker’s prior consent other than as set out in this privacy policy or the Terms and Conditions and/or unless the Provider has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Provider; (3) enforce the Terms and Conditions or protect the Provider’s business or reputation, including without limitation upon termination, cancellation or suspension of the Services by the Provider; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the Applicant or a claim by a third party that the Applicant is using the Services in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the Applicant or others.
Data is collected, held and processed by the Provider for the following purposes:
- providing information regarding vacancies and other relevant information to the Applicant;
- matching relevant Applicants and vacancies;
- supplying appropriate continuing education to registered members;
- monitoring and improving its services; and
- subject to your consent, for third party marketing.
The Provider is a data controller under the Data Protection Act 1998 and/or the General Data Protection Regulation (as applicable), and as such is registered with the Information Commissioner’s Office.
The Provider may send You communication via e-mail/SMS of any updates, notices, or other information that the Provider deems important for You to know, relating to the Services, including The Vet Service newsletter and marketing materials.
Security
The Provider uses reasonable organisational, technical and administrative measures to protect Data within its organisation. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have reason to believe that your interaction with us is no longer secure, please contact us immediately.
Who we may share Your Data with
The Provider will use Data in order to provide the Services to the Applicant. Data may also be used by:
- Entities worldwide that the Provider controls, are controlled by the Provider, or are under the Provider’s common control, to provide the Services. The Provider is the party responsible for overall management and use of the Data by these affiliated parties.
- Regulatory bodies or law enforcement authorities.
- Any professional advisors, contractors or sub-contractors that the Provider may appoint from time to time.
- Clients and, subject to your consent, other third parties for their marketing purposes.
Any third parties in receipt of Data under sub-Clause shall be subject to the provisions of the Data Protection Act 1998 and/or the General Data Protection Regulation (as applicable).
How long we may keep Your Data for
The Provider will keep your Data for no longer than reasonably necessary and will only retain Data for the period necessary to fulfil the purposes of the Services and this privacy policy, unless a longer retention period is required or permitted by law. Please note that we have a variety of obligations to retain the Data that Applicants provide to us. Accordingly, even if You terminate or cancel and/or cease to use the Services, the Providerwill retain certain Data to meet our obligations. There may also be residual Data that will remain within our databases and other records, which will not be removed.
Advertising
We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to You when You use the Services, based on Data relating to your access to and use of our websites on any of your devices, as well as Data received from third parties. To do so, these companies may place or recognize a unique cookie, or similar tracking technology, on your browser (including the use of pixel tags). They may also use these technologies, along with data they collect about your online use, to recognize You across the devices You use, such as a mobile phone and a laptop, and to make decisions about the advertisements You see.
In order to understand and improve the effectiveness of our advertising, we may also use web beacons, cookies, and other technologies to identify the fact that You have visited our website or seen one of our advertisements, and we may provide that Data to one or more third party advertising networks. The Data we provide may include the time and date of your visit to our website, pages viewed, links clicked and other information that does not disclose your ‘real world’ identity. Those advertising networks may recognize the web beacon or cookie associated with your visit to our website when You visit other websites on which they serve advertising, and they may make decisions about the advertisements You see based on it. We may choose to work with Google AdWords, Doubleclick, AdRoll or other advertising networks. Each of these companies has its own privacy policy, which we encourage You to review. To learn more about the cookies that may be served through our Services, and how You can control our use of cookies, please see our Cookie Policy. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.
We would also like to pass your details onto pharmaceutical companies and other companies involved in the veterinary industry so that they can contact you with details of services and / or products that they provide. By agreeing to these terms you give consent for The Vet Service Ltd to do so.
Transfer of Your Data to other countries
The Provider may transfer your Data to persons or companies outside the European Union. To ensure that your Data receives an adequate level of protection, we have put in place appropriate measures to ensure that it is treated by those third parties in a way that is consistent and which respects the European Union and United Kingdom laws on data protection.
Your rights relating to Your Data
You have certain rights relating to your Data pursuant to relevant data protection laws, including the following:
- The right to be informed
- The right of access
- The right to rectification
- The right to erase
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling
A full description of these rights can be accessed at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/?q=article+4
If at any point You believe the information we process on you is incorrect You have the right to request to see this information and have it corrected or deleted. You also have the right at any time to withdraw your consent for the Provider to use your Data.
If You wish to exercise the rights as set out above, or raise a complaint on how we have handled your Data, You can contact us to have the matter investigated at [email protected].
If You are not satisfied with our response or believe we are processing your Data not in accordance with the law You can complain to the Information Commissioner’s Office at https://ico.org.uk/.
THE VET SERVICE – TERMS AND CONDITIONS OF BUSINESS (CLIENT)
In these Terms of Business the following definitions apply:
In relation to webinar and continuing education provision:
“Member Fee” means:
Membership fee for professional development.
In relation to jobs and employment provision:
“Applicant” means the person introduced by the Provider to the Client for an Engagement including any members of the Provider’s own staff.
“Booking Fee” means:
A % of the total contract value for any Permanent or Temporary Fixed Term Contract unless agreed otherwise in writing.
Unless agreed otherwise individual locum shifts will be booked with the similar value.
Please speak to our area advisors who can supply you with a full terms overview relevant to your area.
The Vet Service Reserves the right to change the booking fees as necessary.
“Client” means the person, firm or corporate body together with any subsidiary or associated Provider as defined by the Companies Act 2006 to which the Applicant is introduced.
“Engagement” means the engagement, employment or use of the Applicant/Temporary Worker by the Client on a permanent or temporary basis, whether under a contract of service or for services: under an employment business, agency, licence, franchise or Partnership agreement; or any other engagement.
“Hourly Charges” means the hourly charges in respect of the relevant Engagement, such charges to be notified by the Provider to the Client upon commencement of a Temporary Worker search by the Provider, such charges as may also be varied from time to time during the Engagement. The charges are based mainly upon the Temporary Worker’s Remuneration but shall also include (i) Employers National Insurance (ii) Pension contributions (iii) travel, hotel or other expenses as agreed by the Client or if there is no such agreement, such expenses as are reasonable. VAT is paid on the entirety of all hourly charges.
“Introduction” means the Client’s interview of an Applicant/Temporary Worker in person or by telephone, following the Client’s instruction to the Provider to search for an Applicant/ Temporary Worker: or the passing to the Client of a curriculum vitae or other information which identifies the Applicant/Temporary Worker and which leads to an Engagement of that Applicant/Temporary Worker by the Client.
“Permanent Uplift Fee” means 15% (or otherwise agreed in writing) 0f total contract.
“Provider”means The Vet Service Ltd NI652996, 55 Letterloan Road, Coleraine, Northern Ireland, BT51 4PP trading as The Vet Service, operating as an Employment Agency and Employment Business.
“Remuneration” means the sum of basic salary, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and where applicable, non-taxable) emoluments payable to or receivable by the Applicant/Temporary Worker for services rendered to or on behalf of the Client.
“Services” means the veterinary job placement advertising services provided by the Provider to the Client pursuant to these terms and conditions.
“Specialist Temporary Worker” means a worker who has been supplied who has an extra or added licence or skill over and above the basic veterinary licence. Including official animal health licences for disease surveillance, further qualifications recognised by the Royal Veterinary College London or appropriate industry body or a worker who has a skill set which the Client does not have currently in their practice.
“Scale of Fees” means the scale of fees payable in relation to Total Remuneration, as more particularly described in section 9.
“Subscription Fee”means the annual fee (as may be amended from time to time at the sole discretion of the Provider) payable by the Client to the Provider for use of the Services. The Vet Service reserves the right to waiver the subscription fee at any time.
“Temporary Worker” means an individual temporary worker or Specialist Temporary Worker whose services are supplied by the Provider to the Client.
“Total Booking Fee” means the applicable Booking Fee times the number of shifts worked by the Temporary Worker during a relevant period.
“Total Remuneration” means the total Remuneration as agreed to be paid by the Client to the Applicant in the first year of the Engagement.
“Weekly Hourly Charges” means the Hourly Charges times the number of hours worked by the Temporary Worker in a given week during the Engagement.
“Urgent Search” means a search where the Client has requested that a suitable Temporary Worker be found within 48 hours.
These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or
the Engagement of, an Applicant.
Unless otherwise agreed in writing by the Provider, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
Subscription Fee
- Subscription Fee
In order to avail of the Services, the Client agrees to pay the Subscription Fee to the Provider.
Permanent Staff
- Notification and Fee
The Client agrees:
2.1 To notify the Provider immediately of any offer of an Engagement which it makes to the Applicant.
2.2 To notify the Provider immediately upon receipt of a response from the Applicant whether its offer of an Engagement to the Applicant has been accepted or refused, and if the offer of an Engagement is accepted by the Applicant, to provide details of the remuneration to the Provider.
2.3 There shall be no sign up or registration fee payable by the Client to the Provider, nor shall there be a fee payable by the Client to the Provider in respect of the placing of an advertisement or the initiation of a permanent job search. The Client incurs no fee until the Applicant accepts the offer of Engagement upon which the Provider will deliver an invoice to the Client in respect of the Provider’s fees (an “Invoice”).
2.4 The Client shall pay the fees to the Provider upon 7 days of receipt of an Invoice.
2.5 The Provider shall charge interest on invoiced amounts unpaid for more than fourteen days after the issue of an Invoice, at the rate of 2% per annum above the base rate.
2.6 The fee payable by the Client for an Introduction of the Applicant resulting in an Engagement is based upon the Scale of Fees as set out at Section 9 as they relate to the Total Remuneration. For the avoidance of doubt, VAT is charged at the current rate for an industry of the nature of the Engagement in question.
3 Guarantees
3.1 In order to qualify for the following guarantees, the client must pay the Provider’s fee within seven days of receipt of an Invoice and must notify the Provider in writing of the termination of the Engagement within seven days of same.
3.2 If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be rebated in accordance with the accompanying Scale of Refunds (Section 10).
3.3 Should the Client subsequently reengage the Applicant within the period of six calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated based upon the Scale of Fees as set out at Section 9 as they relate to the Total Remuneration of the reengagement shall be paid by the Client to the Provider, with no entitlement to refund.
4 Introductions
4.1 Introductions of Applicants are confidential. The disclosure by the Client to any third party of any details regarding an Applicant introduced by the Provider which results in an Engagement with that third party within twelve months of the Introduction renders the Client liable to pay a fee to the Provider, the calculation of such fee to be based upon the Scale of Fees as set out at Section 9 as they relate to the Total Remuneration agreed between the third party and the Applicant, with no entitlement to any refund.
4.2 An introduction fee calculated in accordance with the Scale of Fees (Section 9) will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Provider, whether direct or indirect, within twelve months from the date of the Provider’s Introduction.
4.3 The Provider endeavours to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this the Client shall satisfy itself as to the suitability of the Applicantand/or the Provider before engaging such Applicant. The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
4.4 The Provider shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) whichmay be suffered or incurred by the Client arising from or in any way connected with the Provider seeking the Applicant for the Client or from the Introduction or Engagement of any Applicant by the Client or from the failure of the Provider to introduce any Applicant. For the avoidance of doubt, the Provider does not exclude liability for death or personal injury arising from its own negligence.
5 Temporary Workers
5.1 These terms govern the provision of Temporary Workers by the Provider to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or the Engagement of the Temporary Worker.
5.2 There are two separate processes by which the Provider may supply Temporary Workers to the Client: (i) matching process and (ii) direct Provider payment. The terms governing both processes are set out at Sections 6, 7 and 8 below.
- Matching Process
6.1 The Client agrees to pay to the Provider 100% of the Total Booking Fee immediately upon successful agreement that the Temporary Worker should engage with the Client.
6.2 Upon instructing the Provider to carry out a Temporary Worker search, the Client agrees to advise the Provider of the intended length of the Engagement, the expected number and duration of shifts, the rate of pay of the Temporary Worker and a short description of the role to be undertaken by the Temporary Worker.
6.3 The Total Booking Fee is based upon the number of shifts worked (or to be worked) by the Temporary Worker. VAT is payable on the Total Booking Fee.
6.4 The Client shall advise the Provider of the basic terms and conditions to which the Temporary Worker would be entitled if hired directly as an employee, this includes:
Pay, annual increments, fee bonus, commission, holiday entitlement;
Duration of working time;
Night work;
Rest Breaks; and
Annual Leave
in order to ensure that the Provider complies with Agency Workers Regulations (NI) 2011. The Client shall indemnify the Provider against any direct loss incurred by the Provider due to a breach of the Agency Workers Regulations (NI) 2011 which is due to a breach by the Client of the terms of this Section 6.4.
6.5 An invoice in respect of the Total Booking Fee applicable to the first week (or part thereof if the Engagement is expected to be less than one week in duration) of the Engagement shall be sent by the Provider to the Client upon notification that a suitable Temporary Worker has been found in respect of the relevant vacancy. Where applicable, further invoices shall be issued by the Provider to the Client on a weekly basis in respect of the Total Booking Fee payable in respect of each subsequent week of the Engagement.
6.6 Any invoices issued pursuant to Section 6.5 shall be payable by the Client within 7 days of receipt of the invoice. The Provider shall charge interest on invoiced amounts unpaid for more than fourteen days after the issue of an Invoice, at the rate of 2% per annum above the base rate.
6.7 The Temporary Worker shall issue a weekly invoice to the Client in respect of the hours worked in that week. Such invoice shall be payable to the Temporary Worker by the Client within 7 days of receipt of the invoice. The Provider shall have no liability to the Temporary Worker in respect of any amounts owing and unpaid to the Temporary Worker by the Client.
6.8 Should the Client subsequently reengage the Temporary Worker within the period of either twelve calendar months from the date of the initial Engagement or the last Engagement, a Total Booking Fee based on the hours to be worked by the Temporary Worker upon reengagement by the Client shall be payable by the Client to the Provider as if an invoice for the Total Booking Fee was issued pursuant to the terms of Sections 6.5 and 6.6.
6.9 Should the Client offer a permanent Engagement to a Temporary Worker within the period of one year from the date of the initial Engagement, a Permanent Uplift Fee shall be payable by the Client to the Provider as if an invoice for the relevant fee was issued pursuant to the terms of Sections 6.5 and 6.6.
7 Direct Provider Payment
7.1 Upon instructing the Provider to carry out a Temporary Worker search, the Client agrees to advise the Provider of the intended length of the Engagement, the expected number and duration of shifts, the rate of pay of the Temporary Worker and a short description of the role to be undertaken by the Temporary Worker.
7.2 The Client shall advise the Provider of the basic terms and conditions to which the Temporary Worker would be entitled if hired directly as an employee, this includes:
Pay, annual increments, fee bonus, commission, holiday entitlement;
Duration of working time;
Night work;
Rest Breaks; and
Annual Leave
in order to ensure that the Provider complies with Agency Workers Regulations (NI) 2011. The Client shall indemnify the Provider against any direct loss incurred by the Provider due to a breach of the Agency Workers Regulations (NI) 2011 which is due to a breach by the Client of the terms of this Section 7.2.
7.3 The Client shall pay to the Provider the Weekly Hourly Charges on a weekly basis throughout the Engagement.
7.4 The Client shall sign/authorise the Provider time sheet verifying the number of hours worked by the Temporary Worker during each week of the Engagement. Authorisation of the timesheet by the Client indicates satisfaction with the services provided by the Temporary Worker and confirmation of hours worked. Failure to authorise the timesheet does not absolve the Client’s obligations to pay the Hourly Charges in respect of the hours worked.
7.5 An invoice in respect of the Weekly Hourly Charges applicable to the first week (or part thereof if the Engagement is expected to be less than one week in duration) of the Engagement shall be sent by the Provider to the Client upon notification that a suitable Temporary Worker has been found in respect of the relevant vacancy. Where applicable, further invoices shall be issued by the Provider to the Client on a weekly basis in respect of the Weekly Hourly Charges payable in respect of each subsequent week of the Engagement.
7.6 Any invoices issued pursuant to Section 7.5 shall be payable by the Client within 7 days of receipt of the invoice. The Provider shall charge interest on invoiced amounts unpaid for more than fourteen days after the issue of an Invoice, at the rate of 2% per annum above the base rate.
7.7 The Provider assumes responsibility for payment of the Temporary Worker’s Remuneration and where appropriate, for the deduction and payment of National Insurance and Pension contributions and PAYE income Tax applicable to the Temporary Worker.
7.8 In the event that, at any time after the commencement of an Engagement, the Client terminates the Engagement and subsequently offers the Temporary Worker further temporary or permanent work, the Client shall be liable to the Provider for all Hourly Charges as if the Temporary Worker was still subject to an Engagement facilitated by the Provider.
8 General Provisions
8.1 The provisions of this Section 8 shall apply to both the matching process and direct Provider payment process.
8.2 Whilst every effort is made by the Provider to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from the Temporary Worker and further to provide them in accordance with the Client’s booking details, the Provider is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Provider does not exclude liability for death or personal injury arising from its own negligence.
8.3 The supervision, direction and control of the Temporary Worker assigned to the Client is the responsibility of the Client for the duration of the Engagement. The Temporary Worker is deemed to be under the supervision direction and control of the Client from the time that they report to take up duties and for the duration of the Engagement.
8.4 The Client shall be responsible for all acts, errors or omissions of the Temporary Worker whether wilful, negligent or otherwise as though they were on the payroll of the Client. The Client will also comply in all respects with all statutes including for the avoidance of doubt the Working Time Regulation, by laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the clients own staff, including in particularly provision of adequate Employers and Public Liability Insurance cover for the Temporary Worker during all assignments. The Client shall also advise the Temporary Worker of any special Health & Safety matters. The Client will assist the Provider in complying with the Provider’s duties under the Working Time Regulation by supplying any relevant information about the assignment requested by the Provider. The Client will not do anything to cause the Provider to be in breach of its obligations under these regulations. Where the Client requires or may require the services of a Temporary Worker for more than forty eight hours in any week, the Client must notify the Provider before the commencement of that week.
8.5 If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Engagement either by instructing the Temporary Worker to leave the Engagement immediately, or by directing the Provider to remove the Temporary Worker. The Client must notify the Provider of the termination by telephone immediately and confirm in writing within twenty four hours. For the avoidance of doubt, the Client shall remain liable for any Booking Fees and/or Hourly Charges incurred up to and including the termination of the Engagement.
8.6 The Client shall indemnify and keep indemnified the Provider against any cost, claims or liabilities incurred by the Provider arising out of any Engagement and/or as a result of any breach of these Terms by the Client.
8.7 Any of the Client, the Provider or the Temporary Worker may terminate an Engagement at any time without prior notice and without liability.
9 Scale of Fees – Permanent Workers
For the introduction of permanent staff:
Please speak to your area advisor for an overview of the terms relevant to your area.
10 Standard Scale of Refunds – Permanent Workers
Where the Applicant leaves during the first 12 weeks of the Engagement, a partial refund of the Introduction fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions as per these Terms of Business.
|
Week of leaving |
Refund |
|
Week 1-2 |
60% of fee |
|
Week 3-4 |
50% of fee |
|
Week 5-6 |
40% of fee |
|
Week 7-8 |
30% of fee |
|
Week 9-10 |
20% of fee |
|
Week 11-12 |
10% of fee |
11 Counterparts
These terms may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement. Transmission of an executed counterpart of this agreement by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this agreement.
