Terms and Conditions

The terms and conditions for contractors are in Section I and terms and conditions for employers are in Section II.

Section I – Terms and Conditions for Contractors

Work Perks Group Limited (“WPG”, “we” or “us”) provides you access to the myn.co.uk, jobs.myn.co.uk and other WPG group websites (the “Site”) in order to help you at every stage of the recruitment process and offer you other specialist services. Please read these Terms and Conditions carefully before using the Site. Using the site indicates that you accept these Terms and Conditions regardless of whether or not you choose to register with us. If you do not accept these Terms and Conditions, do not use the Site.

WPG operates as a workforce management, employment and payroll business for the engagement of workers who undertake temporary/contract assignments. By applying to one of our vacancies advertised your application data will be saved into our Applicant Tracking System. You may also receive emails/notifications about other vacancies that match your skillset and preferences.

As part of the application process we are required to ensure that you have the right to work in the UK and meet the criteria of our client’s job description prior to placement.

To do this we need to carry out a number of checks and process your personal data to each company you have applied to work for / providing services too.

Please note that where WPG is acting as a 2nd tier supplier in the supply chain your personal data may also be shared with the end employers appointed Master Vendor, Neutral Vendor or Managed Service Provider agency in order to process your application.

Please data may include, but not limited to your CV, name, address, references, qualification and your right to work documentation.

As part of our terms of service, and to ensure both you and customers are kept up to date, we will maintain contact with you throughout our application process and during the tenure of your assignment.

Where WPG introduces by telephone, postal mail or electronic mail any candidate for a temporary assignment or employment with our hiring clients the introductions shall be subject to our standard Terms of Business as applicable. We will provide our hiring clients with a copy of the standard Terms of Business applicable to them at the point of registration or following registration. These Terms and Conditions are in addition to and not in substitution for our standard Terms of Business. Candidates seeking work as temporary workers will be required to sign our standard Terms of Assignment. These Terms and Conditions are in addition to and not in substitution for our standard Terms of Assignment.

Your use of this Site

You may access most areas of the Site without registering your details with us. Certain areas of the site are only open to you if you register by accessing any part of the Site, and if you do so you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions in full, you must leave this Site immediately.

You will not use the Site for any of the following purposes:

• To post or transmit any material for which you have not obtained all necessary licences and/or approvals;
• To post or transmit on the Site inaccurate or false information (including in the case of candidates, biographical information about yourself and/or information about your ability to work in the UK or elsewhere);
• To post or transmit on the Site any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
• To post or transmit on the Site any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the Site; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the Site by spamming or flooding it; • To use any device, routine or software to crash, delay, or otherwise damage the operation of this Site;
• To take any action that affects WPG’s' reputation or that defames, abuses, harasses or threatens others;
• To encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law; or carry out such conduct yourself.

WPG in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the Site and/or to delete from the Site immediately and without prior notice any material that it deems not to comply or to be objectionable for any reason. WPG shall co-operate fully with any law enforcement authorities or court order requesting or directing WPG to disclose the identity or locate anyone posting any material in breach of the above. As the services on the Site are made available to users and employers immediately, you do not enjoy any cancellation or “cooling-off” rights in relation to these Terms and Conditions.

Links to or from other websites

As a convenience to users, this Site contains links to external websites and you may be offered a number of automatic links to other sites, which may interest you. We accept no responsibility for or liability in respect of the content of those third-party sites. WPG have not reviewed or approved such sites and does not control and is not responsible for those sites or their content. WPG does not warrant that any links to such sites work or are up to date. WPG do not endorse or make any representations about those sites and the use of any such links is entirely at your own risk.

Security and passwords

When you register with this site or log in when you visit the Site, you will need to use a user name and password. You are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use of disclosure of any password.

Please be assured that your data will continue to be held securely at all times and in accordance with our Privacy Policy.

Aggregate information

We may gather information and statistics collectively about all visitors to this Site which may include the information supplied by you which will help us to understand our users thereby creating a better experience for you. We will not disclose individual names or identifying information. All data will be in aggregate form only. We believe this information helps us determine what is most beneficial for our users and how we can continually improve our online service. We may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by us in accordance with our Privacy Policy.

Intellectual property rights

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images) are owned by Work Perks Group Limited or its licensors.

You may not download, copy or print any of the pages of the Site except for your own personal use, and provided you keep intact all copyright and proprietary notices. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Site is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party.

Changes to or temporary unavailability of this Site

Every effort is made to keep the Site up and running smoothly and fault-free. However, WPG takes no responsibility for, and will not be liable for, the Site being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, databases or content. WPG may amend these Terms and Conditions at any time by posting amended Terms and Conditions to the Site. You will be deemed to have agreed to the amended Terms and Conditions when you next use this Site following any amendment.

Termination

We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.

Liability and Disclaimer

The information contained on this Site is given in good faith and WPG uses all reasonable efforts to ensure that it is accurate. However, WPG gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

No liability is accepted by WPG for any loss or damage which may arise out of any person relying on or using any information on this Site. WPG shall not be liable to any person relying on or using any such information for (a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or (b) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude WPG’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

You agree fully to indemnity us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Site.

We do not guarantee that any employer or client will ask for a candidate’s information, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this Site. Whilst we take all reasonable endeavours to ensure it is the case, we do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.

If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.

Your use of the Site and downloads from it, and the operation of these Terms and Conditions, shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of the use of this website.

Jobs.myn.co.uk is the web site for Work Perks Group Limited, a company registered in England and Wales, registered number 10888914 whose registered office is 17 Heritage Park, Hayes Way, Cannock, WS11 7LT.

In case of any query regarding the information on this web site, please contact info@myn.co.uk.

Section II – Terms and Conditions for Employers

These Terms and Conditions of Business are between Work Perks Group Limited trading as Myn (the “Company”) and the person, partnership, company or other organisation who contacts the Company with the intention of contracting or otherwise engaging an Applicant under the terms of this Agreement (the “Client”) and in respect of the provision of our Temporary Recruitment and payroll services.

1. Definitions

“Applicant” means any person who has been introduced to the Client with a view to the Client engaging the Applicant.

“Engaged” means in any circumstances where an Applicant is employed, engaged as a worker, ‘taken on’, contracted or subcontracted with or to, or otherwise provides work or services to the Client, irrespective of whether and howsoever remunerated, and/or whether such services are provided directly or indirectly to the Client. “Engage” and “engagement” shall be construed accordingly under this definition.

“Introduced” means where the Company has, whether directly or indirectly provided information to the Client about the Applicant and which leads to any form of contact between an Applicant and the Client. An introduction shall take place irrespective of whether or not the Client previously knew, or knew of, the Applicant.

“Introduction” shall be construed accordingly under this definition.

“Temporary Recruitment” means where the Company sources an Applicant (including but not limited to any employee, worker, associate, contractor, or sub- contractor) who enters into an agreement to provide services for or to the Client for a fixed period of time.

2. Acceptance

2.1 These terms are deemed to be accepted by the Client in full by virtue of any form of continued instruction to the Company or in any contact whatsoever (including but not limited to any interview and/or an offer of employment) between the Client and any Applicant.

3. The Client’s Obligations

3.1 The Client shall:

• a) inform the Company in writing of any engagement of an Applicant, including the terms of any engagement, immediately upon making any offer of engagement and at the latest by the first date upon which any Applicant carries out any work or otherwise provides services to the Client as part of that engagement.
• b) pay any fee to the Company in accordance with clause 5 hereto.
• c) within no later than 5 working days, provide to the Company such evidence as may be reasonably be requested to verify the remuneration payable to any Applicant under any engagement.

3.2 In order that the Company can conduct a full and professional search the Client agrees that any engagement of an Applicant following an Introduction by the Company for a current or future opening supersedes any prior contact with or knowledge of that Applicant by the Client, and therefore the fees set out below shall remain payable.

3.3 Information on Applicants, including names and contact details, is provided by the Company on a strictly confidential basis and should not be disclosed to a third party without prior written agreement of the Company. In the event that the Client acts in breach of this clause, and the Applicant is subsequently engaged by a third party within 12 months of the said breach by the Client then the Client shall indemnify the Company as to its losses and shall pay to the Company a fee calculated in accordance with clause 5 below. In the event that the Client breaches this clause, it shall notify the Company in writing within 10 working days of the date of the discovery of its breach.

3.4 The Client hereby undertakes that it shall not, save as provided for under this Agreement and for which a fee is payable to the Company, approach or engage any Applicant that is introduced to the Client by the Company within a period of 12 months beginning with the latter of either the introduction, or where any engagement takes place at the end of any period for which an Applicant is engaged with or by the Client.

4. The Company’s Obligations

4.1 The Company shall seek to introduce Applicants to the Client to fill roles that the Client wants the Company to assist in the recruitment and payroll for. 4.2 The Company provides no warranty or guarantee as to the skills, qualifications, experience, integrity or right to work in the UK of any Applicant and the Client shall remain responsible for taking up references, obtaining work permits, and satisfying any medical or legal requirements and as to the suitability of an Applicant before offering to engage them.

5. Fees

5.1 For fees, refer to the ‘Pricing’ webpage on the Company’s website. 5.2 All fees shall be payable 30 days from the date of the invoice or as agreed between the Client and the Company. 5.3 Any fees shall be subject to Value Added Tax and any other applicable taxes which may be in force from time to time. 5.4 In the event of late payment of any invoice the Company shall: a) charge interest, accruing on a daily basis, on all outstanding fees at a rate of 5% above the Bank of England base rate per annum. b) make a collection charge of the greater of £50 or any other rate as from time to time allowed by statute in relation to the late payment of a commercial debt. c) be entitled to withhold provision of any further services under any contract with the Client pending receipt of payment in full of those fees, together with any interest, charges any other sums which may be payable to the Company. 5.5 When an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after a written acceptance by the Applicant and through no fault of the Applicant, the Client shall pay the full fee in accordance with clause 5 above.

6. Termination

6.1 Either party may terminate the agreement between the parties by providing to the other no less than 7 days’ notice, provided at any time, in writing. However, in the event that the Client terminates any instructions or agreement governed by these terms and conditions, then any expenses or disbursements have been incurred by the Company, whether or not agreed in advance, then the Client agrees that it shall be liable to pay to the Company a sum equal to the reasonably incurred said expenses and disbursements only.

7. Liability

7.1 The Company shall not be liable under any circumstances for any loss, damage, expense, delay or loss of profit or liability suffered or incurred by the Client arising from or in any way connected to the Company seeking an Applicant for the Client, the introduction of any Applicant by the Company, the engagement of any Applicant, or by any reason arising out of the lack of skills, qualifications, experience, integrity or suitability of the Applicant, by reason of the selection of the Applicant by the Client, or otherwise by reason of any act, omission, delay, default whether wilful, reckless, negligent or otherwise on the part of any Applicant.

7.2 The Client shall ensure that any work carried out by any Applicant is duly covered under any insurance policies that it may have in place. 7.3 The Client shall indemnify the Company against any and all claims, demands, actions, proceedings, and liabilities of any third party against the Company which arise out of or in connection with or have been caused by either the failure or refusal by the Client to engage any Applicant, or otherwise by any act, omission, delay or otherwise caused by the Applicant whilst engaged by the Client. 7.4 Without prejudice to the generality of the preceding clauses in this clause 7, the Company expressly excludes any liability for any loss or damage arising outside of its control including arising out of any act of God, fire, act of Government or State, war, civil unrest, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies, or labour disputes of whatever nature.

8. Agency Worker Regulations

8.1 The Parties agree that the Company is not providing services as an Employment Agency and therefore the Agency Worker Regulations 2010 do not apply to this Agreement. The Company will not employ, engage or otherwise contract with any Applicant and shall only introduce them to the Client, thereafter any contract shall be between the Applicant and the Client directly.

9. Rights of Third Parties

9.1 Only the Company and the Client may enforce the terms of this agreement. The Contracts (Rights of Third Parties) Act is therefore excluded.

10. Variation

10.1 The Terms of this Agreement may only be varied if they are agreed in writing by the Company and signed by the Director of the Company.

11. Law and Jurisdiction

11.1 These Terms and Conditions shall be governed and construed in accordance with English Law, and the parties submit to the exclusive jurisdiction of the English Courts.