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The Recruitment & Employment Confederation - The Voice of the Recruitment Industry

Advice Plus Terms & Conditions

These terms form a binding agreement between You and REC Limited of 15 Welbeck Street, London W1G 9XT (company number 3893053) (‘REC’) for the Services known as REC Advice Plus. These terms form the entire contract between You and REC unless varied by agreement and confirmed in writing. They supersede all prior agreements between the parties, whether written or oral, with respect to the subject matter of this agreement

In these terms:

“You” or “Your” means the person, firm or corporate body being a Corporate Member of the REC wishing to use the Services provided

“Services” means advice and assistance provided by individual persons, firms, or corporate bodies engaged by the REC for this purpose

The headings used in these terms are for convenience only and shall not affect the meaning or construction of the contents of this agreement.

1. Agreement

1.1 You agree to be bound by these terms from the date on which You submit Your details via the REC website. By doing so You warrant that You have authority to enter into this agreement and have obtained all necessary approvals to do so.

1.2 If any provision in this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable by the parties, without illegality or at the discretion of REC, it may be severed from this agreement but the remaining terms of this agreement shall remain in full force.

2. Fees and disbursements

2.1 The fees charged in relation to the Services provided are calculated primarily by reference to the time spent on the matter, including all communications with You advising, meeting with You and others, drafting and negotiating documents, letters, notes, correspondence, and any research.

2.2 Where estimates are given, whether orally or in writing, they are intended only as a general guide and are not firm quotations. If REC agrees with You a limit on the fees or disbursements, which may be incurred and such limit is confirmed in writing, REC will inform You if any upper limit is likely to be exceeded and will not exceed the limit without Your prior approval.

2.3 The fees are subject to review on 1 January each year and REC reserves its right to review its fees at other times. You will be notified in writing of any increase in fees during the course of the provision of the Services to You. At all other times the fees will be displayed on the REC website and You will be bound by the fees in force at the time You submit Your details or such fees as have been notified to You in writing.

2.4 In addition to the fees, REC reserves the right to charge any disbursements including out-of-pocket expenses incurred or to be incurred on Your behalf in providing the Services to You.

3. Payment

3.1 REC will send You an invoice for the fees payable for the Services once the Services have been completed or at intervals agreed with You. In consideration of the provision of the Service, You agree to pay the REC within 28 days of the date of such invoice. All sums not paid by the due date shall bear interest pursuant to the Late Payment of Commercial Debt Act 1998. All sums payable under this agreement will be subject to VAT.

4. Sub-contract

4.1 REC shall have the authority to subcontract the provision of the Services to third parties and such third parties shall be treated as employees of REC and bound by the terms of this agreement.

5. Confidential Information

5.1 Information of a confidential nature including any secret, proprietary or confidential information relating to Your business, business plans, projects, finances or affairs, which You provide to REC will be kept strictly confidential except to the extent that such information may be disclosed to any employee of REC or third party providing the Services on behalf of REC in accordance with clause 4.1 above.

6. Limitation of Liability

6.1 REC shall use reasonable skill and care in performing the services. Advice is given to You for Your own purposes and must not be passed on to any third party without REC’s prior written consent. No third party rights are created by this agreement in the absence of any express written agreement to the contrary.

7. Termination

7.1 This agreement shall terminate immediately:

  • On the bankruptcy, liquidation (other than members voluntary liquidation purely for the purpose of amalgamation or construction), levying of any distress against You or arrangement with Your creditors; or
  • If You or REC commits a material breach of any obligation under this agreement, or any breach which is capable of remedy and which is not remedied within 30 days of receiving notice from the innocent party; or
  • On completion of the Services.

8. Consequences of Termination

8.1 In the event of termination on any of the grounds listed in clause 7.1 You shall pay to REC immediately:

  • All arrears of payment and any other sums due under the terms of this agreement; and
  • All further sums which would have but for the termination of this agreement fallen due at the end of the term.

8.2 In the event of termination on any of the grounds listed in clause 7.1 and upon settlement of any fees or disbursements incurred by REC in providing the Services then all documents or property provided to REC or created by REC in the course of providing the Services to You and for Your benefit shall be returned to You. However, this shall expressly exclude any pre-existing or proprietary and confidential information or property belonging to the REC over which You shall have no rights.

 

    • Copyright in any document created by REC will remain vested in REC

and will not be transferred to You. REC asserts the right to be identified as the author of and to object to the misuse of any such document.

9. Force Majeure

9.1 Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of the parties of either of them, which renders the performance of this agreement impossible whereupon this agreement shall be terminated and the provisions of clause 8 shall apply.

10. Notices

10.1 Any notices or other document to be given under this agreement shall be in writing delivered personally or by first class post and addressed to the party to whom it is directed; alternatively it may be sent by facsimile or by email to such number or email address as the parties shall designate. Any notice, demand or other communication shall be deemed to have been received:

  • In the case of posting three (3) days after the date of posting
  • If served personally or by facsimile or email up to 4 pm on the day of delivery or transmission
  • If sent by facsimile or email after 4 pm on the day following the day of transmission.
11. Complaints

11.1 REC will seek to resolve with You any complaint, which You might have in accordance with our written complaints procedure, a copy of which will be provided to You on request.

 

12. Contract (Rights of Third Parties) Act 1999

12.1 The terms of this agreement are between You and REC. No other party shall have any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term.

 

13. Governing Law

13. 1 This agreement and the relationship of the parties in connection with the subject matter of this agreement shall be governed and determined in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the courts of England in relation to any legal action or proceedings arising out of or in connection with this agreement.