Terms & Conditions
The small print
Recruitment Tests Ltd - Terms of Business for the supply of tests and assessment services.
This is a contract between:
(1) RECRUITMENT TESTS LIMITED, trading as recruitment-tests.co.uk, carrying on business as a provider of tests and assessment services for the employment of staff ("the Company"); and
(2) THE CLIENT ("the Client").
Scope of Agreement
1. The parties hereby agree that this Agreement will govern every engagement by the Client, or an associated company of the Client, of every candidate notified by the Client from time to time ("candidate").
1.1 For the purpose of this Agreement, "Engagement" shall include every such engagement, and shall include any and all use of tests and receipt of test results or candidate assessment.
Acceptance and responsibility for candidate selection
2. These terms are deemed to be accepted by the Client in respect of each Candidate with effect from notification by the Client of intention to test. The Client accepts that the responsibility for selecting the right candidate is solely theirs or their ultimate client. Recruitment Tests Ltd accepts no responsibility for candidate selection.
2.1 The Client must satisfy itself as to the suitability of the relevant Candidate and shall be responsible for taking up and/or confirming any references (including the confirmation of any professional or academic qualifications or any authorisation required by law) provided by the relevant Candidate and/or the Client before engaging such Candidate.
2.2 The Client shall be responsible for obtaining work and other permits, for the arrangement of any medical examinations and/or investigations into the medical history of any Candidate to satisfy any medical and other requirements or qualifications required by law.
Charges: Billing, terms, refunds, price reviews
3. For online testing charges will be billed weekly in arrears.
3.1 For laminated tests charges will be invoiced at the date of dispatch.
3.2 Invoices are payable within 14 days of the receipt of the invoice from the Company to the Client. Charges will be paid in full without set-off, deduction or counter claim.
3.3 Invoice queries will be delivered to the Company, from the Client, within 14 days of receipt of the invoice. Failure to comply with this will render the invoice fully payable strictly to terms.
3.4 VAT will be charged in addition to the charges.
3.5 Laminated tests must be returned within 7 days of receipt of the tests to qualify for a full refund. Tests returned after this date but before 60 days following receipt of the tests will be subject to a 50% refund. Tests returned after 60 days of receipt will be subject to no refund.
3.6 Tests will be returned by recorded post.
3.7 Spoiled (not satisfactorily completed) online tests due to Candidate or Client error will be replaced at 50% of the list price for completed and marked tests.
3.8 Prices will be reviewed upwards only in line with RPI on each annual anniversary of the commencement of services supplied.
Copyright and use restrictions
4. Laminated tests will only be used by the client at the original delivery address or subsequent new address of the same Client. Tests must only be used at one business address.
4.1 All content included in the tests, other assessment materials and the website, such as text, graphics, logos, images, is the property of Recruitment Tests Ltd, its affiliates or its content suppliers and is protected by United Kingdom and international copyright laws. © Copyright 2005 Recruitment Tests Ltd.
5. Online tests will from time to time be unavailable for periods of up to 24 hours for unavoidable maintenance etc. Recruitment Tests Ltd accepts no responsibility for loss or consequential loss caused by this non availability of service.
5.1 Recruitment Tests Ltd reserves the right to, without prior notice, remove individual tests or assessments from service, temporarily or permanently.
6. Subject to clause 6.2 below, the Company shall not be liable to the Client or candidates arising out of or in connection with this Agreement or in relation to the engagement or use of the tests for (i) any loss of or damage to profit, revenue, savings, data, use, contract, goodwill or business or (ii) any indirect or consequential loss or damage, in each case howsoever caused or arising.
6.1 The term "howsoever caused or arising" when used in this clause 7 shall be construed widely to cover all causes and actions giving rise to liability, including but not limited to (i) whether arising by reason of any misrepresentation (whether made prior to and/or in this Agreement), negligence, breach of statutory duty, other tort, breach of contract, restitution or otherwise and (ii) whether arising under any indemnity and (iii) whether caused by any total or partial failure or delay in supply of the services by the Company.
6.2 Nothing in this Agreement shall limit or exclude any party's liability for fraud or for death or personal injury caused by the negligence, or to the extent otherwise not permitted by law.
6.3 Not withstanding terms 6, 6.1 and 6.2 liability is capped at the higher of:
(i) Charges paid by the Client to the Company in the preceding twelve month period, and
7. The Client shall indemnify and keep indemnified the Company against any costs, claims or liabilities incurred directly or indirectly by the Company arising out of any Engagement, including (without limitation) as a result of:
(a) any breach of this Agreement by the Client; and
(b) any breach by the Client or any associated company of the Client,
or any of its or their employees or agents, of any applicable statutory provisions (including, without limitation, any statutory provisions prohibiting or restricting discrimination or other inequality of opportunity).
Entire Agreement/ Variation
8. This Agreement constitutes the entire and only legally binding agreement between the parties relating to the Engagement, and replaces any previous agreements or arrangements. No variation to these terms on behalf of the Company can be made otherwise than in writing signed by a director of the Company.
9. Any failure by the Company to enforce at any particular time any one or more of the terms of this Agreement shall not be deemed a waiver of such rights or of the right to subsequently enforce the terms of this Agreement.
10. Headings contained in this Agreement are for reference purposes only and shall not affect the intended meanings of the clauses to which they relate.
11. If any provision, clause or part-clause of this Agreement is held to be invalid, void, illegal or otherwise unenforceable by judicial body, the remaining provisions of this Agreement shall remain in full force and effect to the extent permitted by law.
12. The Company shall have no liability for any delay or failure in performance of its obligations to the Client where this arises from matters outside its reasonable control.
13. No provision of this Agreement shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 ("the Act"). This does not, however, affect any right or remedy of a third party that exists or is available independently of the Act.
14. The Company may charge interest on all overdue debts under this Agreement at the rate of 2% per month or part thereof.
15. This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
16. Each party can terminate this contract or suspend its operation by giving 30 days' prior notice in writing to the other at any time. Termination or suspension under this clause shall be without prejudice to any rights that may have accrued for either of us before termination or suspension and all sums due to us shall become payable in full when termination or suspension takes effect.
Recruitment Tests Ltd reserves the right to gather information relating to site usage. By using this web site you consent to this collection and use of information.
From time to time, we may ask for further information about you (such as your name, job title, postal address, telephone, fax number and e-mail address) as part of online surveys/services. This information will be used to enable us to improve our web site. It may also be used occasionally to inform you about important changes to the web site and its functionality. Where essential information regarding our online services is not required, we will provide an opt out clause for this usage of the data. If you would prefer to opt-out please contact email@example.com
Your information will not be disclosed or sold to any third parties.
This does not affect your statutory rights.