Terms & Conditions
Terms and Conditions
Keaga.com is a website owned by keaga LLP.
In these Terms of Business the following definitions apply:
‘Assignment Contract’ means the specific executive search agreement between Keaga and the Client
‘Candidate’ means the person introduced to the Client for an Engagement
‘Client’ means the person; firm or corporate body together with any subsidiary or associated Company to which the candidate is introduced
‘Engagement’ (letter of Intent) means a written offer has been made between the Candidate and the Client
‘Remuneration’ includes base salary and guaranteed and/or anticipated bonus and commission earnings and inducement payments
The Contract
These Terms and Conditions are in addition to the Contract between Keaga and the Client and are deemed to be accepted upon signature and agreement of the executive search contact, by the Client.
These terms contain the entire agreement between the parties and unless otherwise agreed in writing, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Keaga and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
Notification
The Client agrees: To notify Keaga immediately of any offer of an Engagement which it makes to the Candidate; To notify Keaga immediately that its offer of an Engagement to the Candidate has been accepted and to provide a copy of that contract including Remuneration to Keaga; and - To pay Keaga within 14 days of the date of invoice.
Fees
The Fee to Keaga becomes payable by the Client in GBP on the day the applicant enters into a binding contract of employment with the Client. The Client agrees to notify Keaga forthwith upon the Engagement by the Client, of a Candidate, introduced by Keaga. If so requested by Keaga, the Client will provide copies of all terms of such Engagement. All fees are expressed and calculated as a percentage of the Candidate’s first year’s gross Remuneration. VAT will becharged on the fee if applicable. Keaga reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 2% per month from the due date until the date payment is received.
When Keaga enters into an exclusive arrangement with a client any candidates sourced or presented to the client either directly or indirectly must be presented to Keaga for inclusion into the candidate development process.
If the Client decides to put the position on hold and Keaga have been engaged in the process for longer than 4 weeks, from signature of the Contract, a retainer will be payable.
If the Client withdraws the offer of Engagement (including letter of intent) for any reason, for example as a result of budget restrictions, restructuring or legal restraints, a full fee is applicable and becomes payable.
The fee excludes external advertising costs, expenses and travel costs which are an extra cost to the Client.
Introductions
All introductions of Candidates to a Client are strictly confidential and are presented to the Client specifically for the role outlined in the Contract. Candidates that are not successful but submitted to the Client remain the property of Keaga for a period of one year. If any Candidates prove to be suitable for an alternative role within the Client’s organisation a separate Contract will become applicable. If a Candidate submitted by Keaga to the Client has already been submitted by another agency or is already known by the Client, Keaga must be notified within 24 hours.
When working on an exclusive basis with a Client, if the Client presents its own Candidate into the process, the Candidate becomes subject to the fees set out in the Contract between the Client and Keaga.
Suitability
Keaga endeavors to ensure the suitability of a Candidate introduced to the Client. Whilst making every possible effort to ensure suitability of Candidates selected on behalf of the Client, Keaga has no control over the truth and accuracy of CVs and does not personally establish references. The Client is responsible for taking up references as to the suitability of the Candidate’s skills, qualifications and general integrity. The Client is responsible for establishing Work Permits and satisfying any medical requirements or qualifications as required by law. Keaga cannot accept any liability for any kind of loss or damage to property or any other loss including, without prejudice to, the generality of the foregoing, loss of profits or for any injury to persons arising directly or indirectly from any act or omission of Candidates introduced by Keaga, even if such act is negligent or fraudulent or reveals dishonesty.
Dealings with Individuals
You agree to deal fairly and professionally with individuals you may contact using information from Keaga and not do anything which may bring Keaga into disrepute. You will indemnify Keaga from and against any claim brought by an individual against Keaga arising from your breach of this obligation or any other of these terms and conditions.
Dealings with Companies
You agree to deal with Companies professionally, who contact you directly or via keaga. You do not do anything which may bring Keaga into disrepute. You will indemnify Keaga fromand against any claim brought by an individual against Keaga arising from your breach of this obligation or any other of these terms and conditions.
Liability
Keaga shall not be liable under any circumstances for any loss, expense,damage, delay, costs or compensation (whether direct, indirect or consequential), which may be suffered or incurred by the Client arising from or in any way connected with Keaga seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of Keaga to introduce any Candidate. For the avoidance of doubt, Keaga does not exclude liability for death or personal injury arising from its own negligence.
Any third parties services introduced by Keaga and subsequently engaged by the Client is subject to the third parties terms and conditions and Keaga is not liable.
Law
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England
Use of the site
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and for the advertisement of employers roles. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site.
Equipment
It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to become a member of keaga.com and utilize the Web Site.
Disclaimer
To the full extent permissibleby law, Keaga/keaga.com disclaims all responsibility for any damages or losses,which includes financial loss and loss of profits, arising from the use of or inability to use the Site, or any material appearing on keaga.com, or from any action or decision taken as a result of using keaga.com or any third party links.
Cookies
Cookies are small pieces of information stored by us on your computer which enable us to identify your computer when you access the keaga.com web site and to provide you with a convenient means of access.
Keaga uses cookies to protect users names and passwords. There is no personally identifiable information held on cookies. As part of the terms and conditions you must accept cookies in order to use keaga.com.
General
Keaga.com makes no claims that the Web Site Content may be lawfully viewed or downloaded outside of the United Kingdom.
If you access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, as, access to the Web Site Content by certain persons or in certain countries may not be legal.
These Terms and Conditions are governed by the law of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English Courts.
Service Availability
We try to ensure continuous availability of the site and all the services available on it, but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the site at any time.
Links to Other Sites
keaga.com contains automatic links to other sites, which we hope will be of interest to you, but are not endorsed by keaga.com. We do not accept any responsibility or liability in respect of the content of those sites and so, if you decide to access the third party site, you do so entirely at your own risk.
Copyright
All copyright, database rights and other intellectual property rights in the site and the material available on the site belong to keaga.com. Use of the site does not give you any proprietary rights in such materials.
Terms of Use
Specific Prohibited Uses
keaga.com may be used only for lawful purposes, i.e. individuals seeking employment. All keaga.com users agree not to use or allow any third party to use the keaga.com site. The following are specifically prohibited:
Posting any incomplete, false or inaccurate biographical information or information which is not yours
Passwords are for the sole use of the person to whom they are issued. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration. You agree to immediately notify keaga.com of any unauthorised use of your registration or password. We may deny access to a password if we believe that it is being used by an unauthorised person
Use of Web Site Content
The contents of keaga.com such as, and including all text, graphics, images, logos, button icons, software and other Web Site content and the compilation of all content on this Web Site is the exclusive property of keaga.com and protected by copyright,trademark and other laws.
The unauthorised use of the Web Site Content may violate copyright, trademark and other laws. Any copy you make of the Web Site Content must have retained all copyright, trademarks, logo's and other proprietary notices as contained in the original Web Site Content.
You may not modify or copy the Web Site Content, sell or reproduce, display, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose.
The HTML Code is alsoprotected by keaga.com's copyright, therefore, you shall not copy or adapt the HTML code that keaga.com creates to generate any Web Site Content or the pages making up keaga.com.
Data protection
Use of personal information supplied by users of this site is governed by our privacy policy.Please click here to view our privacypolicy.
Termination
Keaga shall at all times be entitled to terminate the agreement by giving 30 days written notice. The client shall be entitled to terminate the contract by giving 60 days written notice.
Payment Upon Termination
In the event of termination of the agreement, Keaga will be entitled to payment of fees due for candidates that are still in the process are recruited by the client. In addition, candidates submitted during the contract period, remain the property of Keaga for 12 months from the candidate submission date. If any of these candidates are recruited for a position after the termination of this contract, Keaga must be notified immediately and they will be subject to the recruitment fee, which has already been agreed by Keaga and the client.