You are the recipient of these terms and 'you', 'your' and 'yours' refers to you. We are Zubka Limited of Harben House, Harben Parade, Finchley Road, London, NW3 6LH, and 'we', 'our', 'ourselves' and 'us' refer to Zubka Limited. Following receipt or sight of these Terms of Business ("the Contract") any act by you of asking for, or accepting, the provision of our services constitutes your acceptance of the Contract which overrides all previous terms between us and you and any terms proposed by you. In acceptance of the mutual benefits set out within the Contract it is agreed that:
1. Definitions
1.1 'Act' means The Employment Agencies Act 1973.
1.2 'Agency' means an employment agency as defined in the Act.
1.3 'Hirer' means any client of ours, and any subsidiary (subsidiary is defined by section 736 Companies Act 1985), agent, or associated company of theirs, to whom you are introduced, via a Connector.
1.4 'Our Website' means the website www.zubka.com.
1.5 'Connector' means a third party, who may wish to remain anonymous, who has contracted with us, who may provide information concerning a Vacancy that they believe would to be of interest to you.
1.6 'Vacancy' means any actual or proposed engagement, whether temporary or permanent, of you by a Hirer (whether directly or via an intermediary) whereby the Hirer has responsibility for paying you remuneration.
1.7 'Vacancy Details' means all information relevant to the Vacancy including: (i) all requirements imposed by law or any professional body that must be satisfied in order to enable you to perform the work required; (ii) the identity of the Hirer and the nature of their business, (iii) the date upon which the Hirer requires you to commence work and the duration, or likely duration, of the work, (iv) the position that you are required to work and the type of work entailed, together with the location at which and hours during which you would be required to work, (v) any risks to your health and safety known to the Hirer and steps taken by them to prevent or control such risks, (vi) the experience, training and qualifications that the Hirer considers to be necessary, or which are required by any professional body, for you to work in the required role, (vii) any expenses that are payable by or to you, and (viii) the minimum rate of remuneration that the Hirer will pay you and the intervals at which you will be paid.
1.8 'Work Type' means the types of work that a Connector may seek to find for you, which, unless otherwise agreed, shall be any type of work whatsoever that a Connector may consider to be of interest to you and suitable for you.
2. Our Capacity & Services
2.1 Without prejudice to the content of any representations that we may seek to make to any competent court or tribunal, in respect of our legal status, the applicability of legislation to our services, or otherwise, to the extent that the Act applies to us (or to a Connector), but not further or otherwise, the Connector and ourselves are an Agency.
2.2 A Connector shall notify you if they believe you are suitable for a Vacancy within the Work Type.
2.3 We make no warranty as to suitability of any Vacancy that the Connector has suggested may be of interest to you; nor do we make any warranty as to the ability of any Connector to propose a suitable Vacancy for you.
3. Business Model & Your Privacy
3.1 If you are interested in a vacancy that a Connector recommends then the Connector will ask you to provide further information about yourself to the Connector, which they will provide to the Hirer. The Connector is under a contractual obligation to only: (i) give this information to a Hirer, and (ii) use the information for the purposes relating to employing you, or considering your suitability for employment. Other than as stated the Connector is under an obligation to preserve the confidentiality of the information you provide.
3.2 The information that the Connector will ask you to provide, as discussed in clause 3.1, should enable the Hirer and Connector to help ascertain your suitability for a Vacancy. The information required will include, but is not necessarily limited to, your identity, experience, qualifications, training and authorisations which a Hirer considers to be necessary, or are that are required by law or a professional body for you to work upon a Vacancy. You confirm that you understand that the information you provide will be sent to the Hirer and that if the Hirer is based outside the European Economic Area ('EEA') this will involve the transfer of your personal data outside of the EEA.
3.3 You will provide the Connector, with the information detailed in clause 3.2, and any other information that a Connector or a Hirer may reasonably seek to obtain, if you wish to be considered for a Vacancy.
3.4 In the event that you are engaged upon a Vacancy then you must advise the Connector that you have been successful and confirm the band into which your basic base salary falls prior to the commencement of the Vacancy and by the very latest on the first day of work.
3.5 In the event that you are engaged upon a Vacancy then the Hirer will pay us a fee. We will pay a big proportion of the fee that we receive to the Connector to thank them for proposing a Vacancy for you. You will not have to pay any fee to us, to the Hirer, or the Connector; our service is entirely free of charge to you. As the fee we receive depends upon the amount of your basic base salary a Connector will be able to deduce the base salary band into which your basic starting base salary falls. The Fee that we pay to the Connector would not enable them to calculate your precise base salary. You confirm that you are content to use our service upon this basis.
3.6 Whilst we have implemented appropriate technical and organisational measures to secure data, including the use of encryption, that is transferred to Our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data, relating to you, by a third party.
3.7 At your request we shall delete any data relating to you from our files, save that when we have entered into a transaction with you, in respect of which it is conceivable that legal liabilities could arise, we reserve the right to archive such data until the expiry of legal liability in respect of matters to which the data relates. Notwithstanding the reservation of this right you confirm that your request for such data to be deleted is your waiver of any legal rights, to such extent as is deemed possible at law, in respect of any matters to which the data you have asked to be deleted may be relevant.
3.8 Our Website makes use of cookies. Cookies make it easier for us to log you onto Our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of our site will no longer be available to you.
3.9 In the event that there is an actual or proposed: (i) joint venture between our business and another business, or (ii) a merger between our business and another business, or (iii) an acquisition of our business by another business, then your personal data (personal data is defined in the Data Protection Act 1998) may be transferred to another party as part of the process of considering the joint venture, merger or acquisition. Any such transfer of personal data will be made subject to express conditions of confidentiality. You acknowledge that where the party who is considering the merger, acquisition or joint venture is outside the EEA this may result in your personal data being transferred outside the EEA and you confirm that you give your consent to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@zubka.com.
3.10 You understand that any data that you provide to us may be transferred outside the EEA and you specifically confirm that you agree to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@zubka.com.
3.11 Information relating to you will not be transferred to a Hirer until such time as they have agreed to our Terms of Business and these terms include a requirement for them to preserve the confidentiality of any information that is provided to them relating to you.
3.12 We will not pass information concerning yourself to any third party without your consent and we will not permit a Connector to transmit information concerning you, via ourselves, to a Hirer, until we have received your permission for this to occur.
3.13 You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@zubka.com.
4. You Agree
4.1 You will inform the Connector of any reason why you may be unsuitable for the Hirer's requirements, or if it is detrimental to the interests of the Hirer for you to take a Vacancy.
4.2 You warrant that the information you provide pursuant to clauses 3.2 and 3.3 is complete and accurate in all respects.
4.3 You acknowledge that the warranties in clause 4.2 are freely provided.
4.4 You consent to the disclosure of any information concerning yourself (including that provided by a third party) to any Hirer to whom you have been, or have agreed to be, introduced for a Vacancy.
4.5 Our provision of services is not conditional upon the consent detailed in clause 4.4; such consent may be limited or withdrawn at any time.
4.6 Notwithstanding clause 4.5 you acknowledge that the Hirer will require certain information in order to ascertain your suitability for a Vacancy and that a Connector or ourselves may be required to provide certain information to the Hirer. You agree to indemnify us in respect of costs (on an indemnity basis) and damages awarded in respect of any claim that you bring against us relating to our provision of information to a Hirer, that we, acting in good faith, believe, or believed, to be potentially accurate.
4.7 If you are not aware of all of the Vacancy Details you will seek confirmation as to these from the Hirer, via the Connector and Our Website, prior to commencing a Vacancy. Your commencement of a Vacancy is your warranty that you are aware of all the Vacancy Details and willing to undertake the work required. You acknowledge that we do not control the Connector or the Hirer and we cannot be held liable for any act of negligence, fraud, or misrepresentation that they may commit.
4.8 You will not agree to a Vacancy upon which you are required to work away from home unless you are satisfied that: (i) suitable accommodation will be available for you before you start work, (ii) that you have been provided with the terms upon which the accommodation will be offered, and (iii) that suitable travel arrangements have been made for you to travel to such accommodation.
4.9 Upon the Connectors reasonable request you agree to provide the Connector with: (i) copies of relevant qualifications and authorisations, (ii) details of two or more persons, who are not relatives of yours, from whom the Connector may obtain references in respect of yourself; which the Connector may disclose to a Hirer. For the purposes of this clause 'relative' has the same meaning as it is given in section 63 of the Family Law Act 1996.
4.10 Subject to clause 4.12, we are not liable to you for losses, direct or indirect, arising out of acts or omissions of the Connector, ourselves, or the Hirer.
4.11 Notwithstanding clause 4.10, but subject to clause 4.12, our liability to you shall in any event be limited to �5,000.
4.12 Nothing in the Contract limits our liability for personal injury, death, fraud, or where the law otherwise prohibits such limitation.
4.13 You agree that we may assign our obligations under this agreement to an Agency.
5. General Terms
5.1 Reference to the plural shall include the singular, and the masculine shall include the feminine and vice versa.
5.2 Clauses intended to have continuing effect shall bind the parties following termination of the Contract.
5.3 Each portion of the Contract, defined by numbering, punctuation, and/or sections is distinct and severable. To give effect to the Contract the court may modify any portion hereof that may otherwise be void; any void portion may be severed and the remaining provisions shall continue in force.
5.4 You understand that we may, in some circumstances and at our sole discretion, allow third parties to place links upon Our Website. You acknowledge that the provision of such links upon Our Website does not provide any endorsement by us of such websites or the products or services promoted upon them, nor is the provision of any link upon Our Website indicative of any particular business relationship with the party to whose website the link connects.
5.5 You are permitted to download materials from our website for your personal use only subject to the following restrictions: (i) your express acknowledgement that we retain the copyright in any material that you download, and (ii) you will not modify, publish, transmit or transfer any of the content of our website except in accordance with The Designs Patents & Copyright Act 1998.
5.6 You acknowledge that 'Zubka' and the logo(s) on Our Website are our property and may not be used by you except with the written, revocable, consent of a Director of ours.
5.7 You confirm that you are over the age of 18 years and have legal standing to enter into a contractual relationship.
5.8 The Contracts (Rights of Third Parties) Act 1999 specifically does apply to this Contract, for the benefit of the Connector and the Hirer.
5.9 The Law of England governs this contract and the English Courts shall have non-exclusive jurisdiction.