Terms and Conditions of Business
In these terms and conditions, unless the context requires otherwise:-
(a) “Proteus” means Proteus Consultancy Ltd.
“the Client” means the person who has engaged Proteus to provide the Programme
“the Programme” means the programme specified in the Programme Description
“the Quotation” means the quotation delivered by Proteus to the Client in which the terms on which the Programme is to be delivered are set out
“the Quotation Acceptance”
means the acceptance of the quotation by the Client
“the Contract” means the contract for the provision of the Programme as defined by the Programme and the Quotation and as accepted by the Client in the Quotation Acceptance
(b) Words importing one gender shall be treated as importing either gender. Words importing the singular shall be imported as importing the plural and vice versa: words importing whole shall be treated as including a reference to any part thereof;
(c) Headings are for ease of reference only and shall not affect construction.
2. Terms and Conditions
(a) These Terms and Conditions, together with the terms and conditions set out in the Quotation and the Programme Description, are the only terms and conditions to which the Contract is subject.
(b) No change to the Contract shall be binding unless agreed in writing by Proteus.
(c) Proteus reserves the right to suspend or cancel the Programme if payment of the fee is not made in accordance with the Contract. The responsibility of the Client for payment of any outstanding fee is not diminished in consequence of such action.
(d) With the exception of any post-placement work specified in the Programme, the Programme will be deemed complete when the Client accepts a new position, notwithstanding that elements of the Programme may not have been carried out, be incomplete, or that the Programme term limit has not been reached.
(e) The Programme contains a number of jobsearch techniques which may be advised in accordance with a Client’s specific circumstances. Proteus does not undertake to advise or support any particular jobsearch technique, if considered inappropriate.
(f) Proteus maintains and makes available to clients, data on job vacancies, enterprises and recruitment consultants. This data is sourced from third parties and no warranty is expressed nor implied as to its accuracy or suitability for any particular job search programme.
(g) The success of a job search programme is dependent on the Client’s diligence in carrying out the work advised by the Proteus consultant. Proteus reserves the right to suspend or cancel the Programme if there is continuing or repeated evidence of lack of effort by the Client.
(h) If an appointment is cancelled by a client with less than 24 hours notice, or if a client fails to attend a prearranged meeting, the client will be charged a non-attendance fee of £50 plus VAT.
(i) Every endeavour will be made by Proteus to provide a single consultant to deliver the Programme, but will not be responsible for any short-term disruption, if a change in consultant becomes unavoidable.
(j) Any complaint in relation to the delivery of the Programme must be notified in writing to Proteus within 14 days.
(k) In relation to a job search programme, Proteus will not be liable for postage, stationery and other incidental costs, unless expressly agreed otherwise.
(l) The Contract constitutes the whole agreement and understanding of the parties as to the subject matter thereof. All descriptions, representations and other particulars furnished or made orally by Proteus are given for general information purposes only and the Client acknowledges that he is not entering into the Contract in reliance upon any such description, representation or other particular.
(m) If any provision in the Contract shall conflict with any provision in these Terms and Conditions, the latter shall prevail.
(n) Proteus shall not be liable to the Client for any failure or non-performance or any of its obligations hereunder if and insofar as performance is delayed, hindered or prevented by force majeure, which expression shall mean any event beyond the reasonable control of Proteus including (but not limited to) strike, lock-out, unavailability of transport or staff or adverse weather conditions.
(o) Any notice to be given under these Terms and Conditions must be delivered, or be sent by first class pre-paid post addressed to the party to be served at the address for such party last known to the party giving the notice. Notices served by post shall be deemed served on the second business day after posting. For this purpose, “business day” means any day other than a Saturday, Sunday or a day which is a public holiday in the place both of address and of despatch of the notice.
(p) No failure or delay by Proteus in exercising any right herein shall operate as a waiver thereof or in any way modify or diminish the rights of Proteus under the Contract.
(q) The Client shall not assign or transfer or purport to assign or transfer the Contract or the benefit thereof to any other person.
(r) If any Condition shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other condition, all of which shall remain in full force and effect.
(s) The Contract shall be governed and construed in accordance with English Law and the Client hereby irrevocably submits to the jurisdiction of the English Courts.