These terms and conditions will govern the relationship between: GRADUATE PROSPECTS LIMITED company number 2626628 whose registered office is at Prospects House, Booth Street East, Manchester M13 9EP (“GP”) and Any person to whom Graduate Prospects provides the Services (as defined below) - It is accepted that the Client wishes to engage Graduate Prospects to provide the Services and the parties have agreed to enter into this agreement.
Definitions The following terms shall have the following meanings: - ‘Client’: a graduate who has graduated from a university/higher education college or is a current postgraduate student and is seeking employment or further study in the UK.
- ‘Commencement Date’: the date upon which Graduate Prospects issues a payment authorisation for services purchased.
- ‘Confidential Information’: information relating to the Client’s personal details including but not limited to the Client’s name, address, age, date of birth, employment history, past and present employers’ names and addresses, study history and all other information passed by the Client to Graduate Prospects and which is reasonably interpreted not to be passed onto or disseminated in any way or form to third parties and which is reasonably requested by Graduate Prospects in order to enable it better to provide the Services.
- ‘Consultant’: The Graduate Prospects’ employee, associate or partner providing the Services to the Client.
- ‘Material Information’: all materials the property of which belongs to Graduate Prospects and also materials which are on licence to Graduate Prospects from third parties which are accessed by the Client through the password protected area on GP’s web-site, as printed materials or otherwise
- ‘Password’: the confidential code(s) and web addresses provided to the Client enabling the Client access to the Material Information though Graduate Prospects’ web-site
- ‘Payments’: Sums due to Graduate Prospects as a result of the Client entering into this agreement for the provision of the Services
- ‘Services’: the services Graduate Prospects will provide to the Client specified in “Graduate Prospects’ obligations” below
- ‘Term’: from the Commencement Date until the Termination Date
- ‘Termination Date’: the date on which this agreement terminates and the contractual obligations of both parties expire.
Appointment - The Client appoints Graduate Prospects to provide the Services for the Term in return for the Payments.
Graduate Prospects’ obligations: Services to be provided by Graduate Prospects - Graduate Prospects will provide career management services as detailed in Graduate Prospects’ programme of services to the Client
Secrecy - Graduate Prospects will use all reasonable endeavours to prevent the disclosure of any Confidential Information other than to persons who are employed or engaged by Graduate Prospects or who have been authorised by the Client to receive such Confidential Information, unless we believe that harm* to the client or others has occurred or may do so in the future [*harm refers to both physical and emotional damage to a person or person and in accordance with relevant legislation, including the Child Protection Act].
Delegation - Graduate Prospects reserves the right to delegate its rights and obligations under this Agreement to third parties in order to provide the Services to the Client
Standard - Graduate Prospects agrees to provide Services to the Client subject to the terms of “Graduate Prospects Liability” below with reasonable skill and care
Termination/Cancellation of Appointments - Graduate Prospects may terminate this agreement at any time by providing 72 hours notice
- In the event of termination by Graduate Prospects with reasonable cause, there shall be no refund of fees already paid to Graduate Prospects
- In the event of termination by Graduate Prospects without reasonable cause, the Client shall be entitled to the return of 100% of such Payments made
The Client's obligations In consideration of the provision of the Services the Client agrees: - to make the Payments prior to receiving any Services from Graduate Prospects
- to co-operate with Graduate Prospects by providing Confidential Information to GP
- to follow the reasonable instructions of Graduate Prospects
- to utilise the Material Information in a proper manner and except with the written permission of Graduate Prospects not to disclose, copy, divulge, reproduce, publish or in any way disseminate any Material Information to any third party or into the public domain for the purpose of pecuniary gain or otherwise
- to keep the Password(s) confidential
Payment - 100% of the full fee is payable at the time of purchasing any programme/service.
VAT - All sums payable under this agreement unless otherwise stated are inclusive of VAT and other duties or taxes
Graduate Prospects Liability - Graduate Prospects shall not be held liable for the failure of the Client in obtaining any position, occupation, promotion or any other career objective
- The maximum liability of Graduate Prospects shall be no greater than the amount paid to Graduate Prospects by the Client. Graduate Prospects shall not be liable for any indirect or consequential loss.
- Graduate Prospects shall not be liable for any warranty or representation not expressly provided in this agreement.
Termination for breach - The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately
- The doing or permitting of any act by which Graduate Prospects’ rights in the Material Information may be prejudiced or put in jeopardy or by which the terms of any licence under which any of the Material Information is held by Graduate Prospects may be infringed by the Client
Miscellaneous Change of address - Each of the parties shall give notice to the other of the change or acquisition of any postal address, telephone number or email address at the earliest possible opportunity but in any event within 48 hours of such change or acquisition
Notices - Any notice to be served on either of the parties by the other shall be sent by electronic mail to the electronic mail address of the relevant party shown in the client records and shall be deemed to have been received by the addressee within 72 hours of e-mailing
Non assignment by the Client - Neither this agreement nor any rights under it may be assigned or transferred by the Client
Proper law and jurisdiction - This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England
- Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England
- The submission by the parties to such jurisdiction shall not limit the right of Graduate Prospects to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate
- In the event that the Client is resident outside England its address for service in England shall be the electronic mail address for such service nominated and any time limits in any proceedings shall not be extended by virtue only of the foreign residence of the Client
Rights cumulative - All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it
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