Terms and Conditions

Terms and Conditions

1. Definitions 

a) "Applicant" means anyone who is referred or about whom information is supplied to a 

b) respond to all job introductions (full placements and locum placements) via the website within 2 working days unless agreed in advance with the Company. Failure to comply will result in a loss of credit for the full duration of the listing (for locum positions). 

Customer. It includes someone who may have been known or referred to that Customer before Instructions are given, or the introduction is made. 

c) "Customer" means the person or persons to whom an Introduction is made. It includes anyone who asks the Company for an Introduction, gives Instructions or interviews an Applicant on behalf of a Customer (“Customer Intermediary”). 

d) “Data Protection Laws” means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data; 

e) "Engagement" means any contract under which (directly or indirectly) the Applicant agrees to provide services to or for the Customer or at the Customer's direction. 

f) "Placement Fee(s)" means a sum equivalent to a percentage of the Remuneration Package, calculated at the rates set out above. It includes any additional fees that may have to be charged under Clauses 6(b)(2) and 6(b)(4). The Fee is exclusive of any VAT, which must be paid by the Customer at the prevailing rate. 

g) “Credit” means a nominal non-monetary value allocated to the Customer to utilize for the fulfillment of shifts. One Credit represents one shift. 

h) “Shift” means a continuous period of work within which the Applicant works. One shift is deemed to have been completed and the next started in line with the HMRC's definition of daily rest. 

i) “Placement” means any job advertised on the Website. 

j) "Instructions" means information about the Engagement, the Remuneration Package or the Customer's requirements concerning an Applicant's qualifications or experience. 

k) "Introduction" means the referral of an Applicant by sharing their CV or an online profile about an Applicant to a Customer by the Company. 

l) "Losses" means any kind of loss, cost, expense, charge, damage, liability or claim whatsoever other than liability for death or personal injury caused by negligence. 

m) “Remuneration Package" means the total amount, before the deduction of any tax, of the salary, fees, profit share or equivalent remuneration and all guaranteed commissions, bonuses, allowances (including company car allowances) and benefits of any kind in respect of the first year of the Engagement. 

n) “Website” means www.simplylocums.co.uk 

o) “Listing” means a job advertised on the Website. 

p) "Company" means Simply Locums Ltd upon whose behalf these terms are issued and it’s employees. 

2. Precedence of Terms 

All Instructions are accepted, and every Introduction is made subject to these terms. An Introduction is made when a referral or any information about the Applicant arrives at the Customer's office or is communicated to the Customer Intermediary, whichever is the earlier event. 

3. Introductions 

An Introduction, and any information about an Applicant, is provided to the Customer in strict confidence and to consider whether it wishes to engage that Applicant. The Customer must not disclose an Introduction or any information about an Applicant to anyone else. In particular, the Customer must not approach an Applicant's current employer until the Customer has made an offer of Engagement to that Applicant and has the Applicant's permission to do so. 

4. Customer Responsibilities 

The Customer agrees to: 

a) give the Company all the Instructions it may require from to assist it in locating and introducing Applicants. 

b) provide accurate and timely feedback on Applicants during the recruitment process. 

c) all communications, interviews, and offers of employment shall be made via the Company unless otherwise agreed during the Instruction process. 

d) enable the Company to comply with its obligations under Clause 5, to provide to the Company full details of the position the Customer seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; any experience, training, qualifications or other authorizations which the Customer considers necessary or which are required by law or any professional body for the Applicant to possess to work in the position; and any risks to health and safety known to the Customer and what steps the Customer has taken to prevent or control such risks. 

5. Conduct Regulations 

The Company agrees to: 

a) provide services in its capacity as an employment agency, in the context of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. 

b) on request by the Customer provide written right of representation from an Applicant permitting to Introduce the Applicant to the Customer. 

c) ensure the suitability of any Applicant introduced to the Customer by obtaining confirmation that the Applicant has the experience, training, qualifications and any authorization which the Customer considers necessary or which may be required by law or any professional body. All relevant information will be included in the Introduction of the Applicant to the Customer. 

d) take all steps as are reasonably practical to ensure that: (i) the Customer and applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Customer seeks to fill; and (ii) it would not be detrimental to the interests of either the Customer or Applicant for the Applicant to work in such position. 

6. Liability 

a) the Company will use due skill and care in locating and introducing Applicants. Beyond that, no other term or condition is to be implied concerning the Company's services. In particular, the Company does not warrant or make any representations about the suitability of, or the accuracy of any information concerning, an Applicant (as this information comes from the Applicant or other sources outside Company's control) and none is to be implied from anything Company may undertake or provide. 

b) any decision to proceed with an Introduction, is a matter for the Customer. The Customer agrees that the ultimate responsibility for assessing and ensuring an Applicant's suitability for an Engagement, including taking up or confirming references, educational background, medical history, or obtaining any work and other permits and assessing or confirming qualifications, remains with the Customer at all times. 

c) the Company, associates, and staff shall not be liable, on any basis, for any Losses arising from, caused by or connected with the Company's taking the Customer's Instructions, the Introduction, the acts or omissions of an Applicant or an Engagement, even if an Applicant acts or has acted negligently, dishonestly or fraudulently. 

d) However, if, despite the previous provision, a Court determines that, for any reason and on any basis, the Company, associates, and staff are liable to the Customer for any Losses, their aggregate liability shall be limited to the amount of the Fees paid by the Customer. 

e) Under no circumstances shall the Company have any liability whatsoever to the Customer for loss of profit, loss of revenue, loss of anticipated savings or bargain, loss or corruption of data or software, or for any indirect, special or consequential losses. 

7. Website Usage 

a) Website usage is subject to the Customer completing the registration process and agreement of the Company's terms and conditions. 

b) Job adverts, whether for locum or permanent positions can be listed for free by the Customer. 

c) At the point at which an Applicant applies for any placements listed the Customer becomes responsible for all liaison between themselves and the Applicant with regards to the application and vetting process of the role itself. All interviewing, negotiation and contracts will be direct between the Customer and the Applicant. 

d) If the Customer wishes to employ the Applicant for any subsequent positions after the completion of the listing they were introduced for, this will be subject to credits/placement fees as appropriate. 

e) When the Customer fills any listing, they are responsible for removing the listing from the website or informing the Company to do so. 

8. Credit System 

a) Credits can be purchased by the Customer at any time, individually or in bundles. Credits don’t have an expiration date. Credits purchased are non-refundable. 

b) Credits can be redeemed as shifts at a rate of 1 shift = 1 credit. 

c) At the point of the Applicant accepting a position, the relevant number of credits to that listing will be debited from The Customer’s account. If there are insufficient credits to cover the duration of the locum listing, then all additional credits will be charged for at the individual credit purchase rate. 

d) If the Applicant is only able to cover part of the full duration of a locum listing, the Customer is responsible for informing the Company of the length of cover agreed before the start date of the Applicant for that listing. Failure to do so will result in the full number of credits equal to that Listed, being debited from the Customer’s account. 

e) If an Applicant leaves mid-way through the duration of the placement, the remaining number of credits will be reimbursed to the Customer. At the discretion of the Company.

f) Credits cannot be redeemed to cover part of any permanent placement fee. 

9.Simply Locums Annual Membership 

a) The annual membership guarantees a minimum of 50 shifts at £20 per shift. Any shifts not used within 12 months from the membership start date will be transferred to credits and added to the Customer’s account.

b) The annual membership has no limit to the maximum number of shifts that can be redeemed within 12 months from the membership start date. 

c) Any goods or services offered by our partners as part of the annual membership may be subject to their terms and conditions. 

d) Any offers made by our partners must be redeemed within 12 months from the start date of the membership unless otherwise indicated. 

10. Payment of Permanent Placement Fees 

a) The Placement Fee becomes payable by the Customer if an Applicant accepts an offer of Engagement and a start date is agreed at any time within 6 months of the Introduction being made. Upon acceptance, the Company will invoice the Customer for the Placement Fee. 

b) The Customer agrees to inform the Company before an Applicant is offered an Engagement and provide full details of the agreed remuneration package, and when a start date for the Engagement is agreed. 

c) Pay the Fee within 14 days of the commencement of the date of the Company’s invoice (the “Due 

Date"). 

d) The company will calculate and invoice the Customer for the Placement Fee and any other sum payable by the Customer under these terms. Unless there is an obvious error in any calculation shown on any invoice, the invoiced sum will be final and binding as the sum due from the Customer. 

e) If the Placement Fee or any other invoiced sum is not paid by the Due Date and in full, then the Company may also recover from the Customer, as a sum due under these terms, any costs or other expenses it incurs, in enforcing and recovering any payments due from the Customer. 

f) If the Applicants employment is terminated before the successful completion of the first three months of their employment for any reason, the Company will refund a proportion of any Placement Fee paid. 

g) The Rebate of the Fee shall be The total value of the permanent Placement Fee, less £20 per shift completed, up to the total value of the Placement Fee, or completion of the Applicant’s first three months of employment. 

11. Data Protection 

a) Both parties agree that, in the performance of their respective obligations under the Agreement, they shall comply with the Data Protection Laws applicable to any personal data processed under or in connection with this Agreement to the extent these apply to each of them. Where used in this clause 8, the expressions "process", "Personal Data", “Data Controller”, “Data Processor” and “Data Subject” shall bear their respective meanings given in the Data Protection Laws when applicable. 

b) Both parties will be acting as Data Controllers under this Agreement. However, in the event circumstances apply such that the Customer is acting as the Data Controller, and Company is acting as a Data Processor then the following provisions shall apply: 

1. Company warrants that it shall process Personal Data strictly under the Data Protection Laws, the terms of this Agreement, and Customer's lawful instructions from time to time. The company will not disclose Personal Data to any third party under any circumstances, other than at the specific and lawful request of the Customer. If lawfully requested in writing by the Customer from time to time, Company shall provide to the Customer a copy of such Personal Data in the format and on the media reasonably specified by Customer. 

2. The company confirms that it has appropriate operational and technical processes in place to safeguard against any unauthorized access, loss, destruction, theft, use or disclosure of Customer’s Personal Data. Also, if required, Company will provide to Customer suitable assurances in respect of the security of any Personal Data processed by Company, as may be reasonably required by the Customer to comply with its obligations under the Act/GDPR. 

3. The company agrees to assist the Customer promptly with all subject access requests which may be received from Data Subjects. 

4. Company shall notify the Customer immediately upon receiving any notice or communication from any supervisory or government body, which relates directly or indirectly to the processing of the Personal Data. 

5. Subject to Company’s legal obligations to retain records, on termination of these terms, Company shall immediately cease to use the Personal Data and shall arrange for its safe return or destruction as shall be agreed with the Customer at the relevant time. 

12. General 

a) Both parties agree not to approach or induce with offers of employment, directly or indirectly, any of the other party’s employees that it has had direct contact with under this agreement, without the prior written agreement of the other party. If the Customer employs or engages an employee of Company, then a Placement Fee calculated upon that person’s Remuneration Package at the rates shown above shall become immediately payable to Company by the Customer. 

b) This agreement shall be governed and interpreted under the laws of England and Wales and is subject to the jurisdiction of the courts of England and Wales.