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- Unless the Group agree otherwise in writing, these terms shall govern any and all supply of Information to the Group about prospective employees or contractors to be directly engaged by a Group company
- Below are definitions of capitalised terms used herein:
“Agency” means any registered or unregistered business or User that intends to introduce prospective employees to the Group in return for payment of a fee.
“Agreement” means a relevant separate written agreement between a Group company and an Agency that has been signed by the authorised representatives of each party.
“Candidate” means an individual seeking employment whether independently or through an Agency.
“Engage” means the Group directly engaging a Candidate as an employee or contractor for services. “Engagement” shall be construed accordingly.
“Group” means G.A. Design International Limited and the associated companies listed below:
G.A. Design International (Shanghai) Ltd (China)
G.A. Design International Service KfT. (Hungary)
G.A. Design Malaysia Sdn. Bhd (Malaysia)
G.A. Brand Design Limited (England)
G.A. Brand Design Sdn. Bhd (Malaysia)
“Information” means the profile, contact details, curriculum vitae and/or other information that identifies a specific Candidate.
“Introduce” means the act of making an Introduction.
“Introduction” means the initial supply of Information to the Group.
“Publicised Role” means a vacant role disclosed to third parties by the Group whether by oral or written Group personnel communication, via social media, job listing service, or the Webpages.
“Terms” means these supplementary T&Cs which apply to the Webpages;
“User” means each individual using or viewing the Webpages.
“Webpages” means the Careers pages and any related message portal on or accessible through the website https://thega-group.com/
- By using the Webpages, the User accepts these Terms and any usage guidelines displayed on or accessible from the Webpages.
- Only a valid Agreement signed by a Company Director of a Group entity after 31 July 2019 may vary or supersede these Terms. For avoidance of doubt, no conduct, representations nor exchange of terms between any Group personnel and any User shall vary, replace or supersede any part of these Terms.
- Whereas Users who are independent Candidates may introduce themselves to the Group even if there is no relevant Publicised Role, those Users representing an Agency shall only make Introductions for Publicised Roles unless we have specifically requested otherwise in writing. Regardless of whether Information has been provided for a specific Publicised Role, the Group will be entitled to use Information in connection with filling any current or future Group vacancy.
- Unless otherwise stated in an Agreement, Introductions shall only be made using the message portal provided on the Webpages.
- Where there is a Publicised Role, any Candidate not represented by an Agency may independently Introduce themselves to the Group.
- Agencies may only Introduce suitable Candidates on a fee earning basis if the Agency and a Group company have entered into a separate signed Agreement signed by a Company Director.
- An Agency wishing to enter into a relevant Agreement shall submit a relevant request via the message portal provided on the Webpages. Agencies shall not send their own terms and conditions to the Group. If a Group entity requires the Agency’s services a draft contract will be provided for discussion.
- Where an Agency with a valid Agreement has validly Introduced a Candidate that a Group entity have Engaged within 6-months from the date of Introduction, the Agency may be entitled to receive payment subject to the terms of the Agreement. For avoidance of doubt, where another agency with an Agreement has validly introduced the same Candidate to any Group entity, only one Agency – the first to make the Introduction will be entitled to receive payment under their Agreement.
- Where a Candidate was an Agency worker (an individual directly employed on an Agency’s payroll) providing any services to a Group entity during the 6-month period immediately prior to Engagement of that Candidate by any Group entity, the Candidate will be deemed to have been validly Introduced by the Agency under the terms of a relevant Agreement which sets forth any fees payable.
- Introductions made without a valid and unexpired Agreement will be deemed to have been made on a “free of charge” basis and the Group will have no liability to pay a relevant fee or commission in respect of the relevant Introduction.
- Candidates may independently Introduce themselves to the Group at any time, and no fee will be payable to any Agency following the Engagement of that Candidate if:
- The Candidate Introduces themselves before the Agency did so; or
- A Candidate previously Introduced by any Agency was not Engaged by a Group company within 6-months from the date of the Introduction by that Agency.
- Where more than one Agency has validly Introduced the same Candidate within the 6-month period preceding the Engagement of relevant Candidate by any Group company, subject to the terms of each Agreement, only the first Agency to Introduce the Candidate will be entitled to receive any fee or commission.
- No fee will be payable to any Agency for the Introduction of Candidates previously Engaged directly or indirectly by any Group company in any capacity.
- Unless the parties have entered into an Agreement after 31 July 2019, these Terms shall be the entire Agreement between the Group and each User/Agency regarding use of the Webpages for the purpose of making any Introduction.
- Each User/Agency warrants that in supplying Information they have complied with and will continue to comply with the Data Protection Act 2018 and any other similar, equivalent or replacement legislation applicable in the territory where the User is located at the time of supply.
- These Terms supplement the general Terms and Conditions of https://thega-group.com/. Both documents shall be read and construed to be complimentary to the maximum extent possible.
- The Group makes no warranty as to the future availability of all or part of the Webpages or their content and has no obligation whatsoever to list vacancies or to provide alternate means of viewing vacancies or making Introductions to the Group if the Webpages are not available for any reason, though the Group may at their sole discretion elect to do so. If the Group provide an alternate means and request its use in writing, these Terms or an Agreement (if applicable) will continue to govern all Introductions made by the Agency.
- The Group furthermore reserves the right at any time and for any or no reason, and without obligation to provide prior notice to
- modify or delete any or all of the Terms or the Webpages or its content;
- monitor usage and to restrict or block any User’s access to all or part of the Webpages or content.
- The only recourse available to any User unable to accept all of these Terms shall be to immediately cease all Introductions or other use of the Webpages.