1) The Agency [BioMedicals India]
The Agency will review the Candidate’s application and subsequently will schedule a personal interview with the Client once the Candidate’s application is approved by the Client. Should the Candidate get selected for the position by the Client, the Agency or their authorised agents [at the Client’s request ] will perform work eligibility verification, past employment, education verification, reference check, full criminal background screening.
2) The Candidate:
The “Candidate” is you and you require us to seek introduction for you to NHS, UK. The Candidate must provide accurate and necessary information for Agency to conduct background screening. The Candidate by signing this agreement gives consent and authorise the Agency (or their representatives) to conduct a comprehensive review/screening of the Candidate as mentioned above. The Candidate further acknowledges that all references submitted by Candidate may be contacted by The Client or the Agency or their representatives for the verification purpose. Candidate shall schedule and appear to all confirmed interviews with potential Clients without fail.
3) Introduction:
Introduction means the passing of the Candidate’s Profile to the Client or other information which identifies the Candidate following Client’s instructions to the Agency to search for a potential candidates, or the interview (in person or by Telephone or by Skype) or Engagement of the Candidate by the Client or any third party who has obtained such information through the Client’s intermediation following the passing to the client by the agent of a speculative CV or other information which identifies the candidate.
4) Representation:
Representation means the representation of the Candidate by the Agency with a view to securing an Engagement with the Client.
5) Services:
Services means the following Agency services provided by BioMedicals India:
- Introduction services.
- Guidance for GMC registration [ONLY FOR UK]. [Note: The Agency will provide only guidance for GMC registration process. Actual registration candidate has to do her own. [Note: Also GMC registration has stringent rules and regulations regarding documentation and other checks, not meeting their requirements might reject your registration, which you can appeal again by paying separate fees to GMC. Candidates are strictly requested to follow proper guidance provided by the NHS on their website.]. Agency shall not be held responsible for any rejections. On request Agency can help candidate to hire external agency if any for their registration process. Hiring an external agency will be solely a matter between candidate and that external agency handling their GMC registration.
The agency will also negotiate with Client for reimbursement of the GMC registration fees which the candidate will be paying for registration process. - Guidance for VISA consultation.
[Note: Agency will provide guidance for VISA process, if requested by candidate Agency will also provide an external VISA immigration expert whose fees will be paid by candidate.
[NOTE : Only For Overseas candidates :The Fees for the services hired is described in fees section] For India [National] placement we will charge minimum registration charges.
6) No Guarantee Policy:
Candidate acknowledges and agrees that despite the Agency’s best efforts to place the Candidate with a client, there is no guarantee that employment will be obtained for the Candidate. The Candidate understands that ultimate employment is solely based on the Clients decision.
7) Placement:
Overseas Placement: Means the Engagement of a Candidate that is to be employed on a Permanent or Short Term basis this includes Candidate’s employment in the UK that will be required to spend any amount of time working inside the United Kingdom.
8) Relationship between both Parties:
The Candidate understands and agrees that the Agency is not the Candidate’s employer. The Candidate and/or the Client shall define the manner of Candidate’s services and provide any equipment necessary. The nature of the Candidate / the Agency relationship is as independent contractors and the Agency merely provides a service. The Candidate is free to accept or reject any work referred by the Agency.
9) Other Agencies:
The Candidate may work with other referral agencies and perform work for employers not associated with this Agency.
10) CONFIDENTIALITY, NON-SOLICIT OF CURRENT CLIENTS, THEFT OF SERVICES:
- On-Call Services: Candidate shall not give their personal information, including but not limited to; phone numbers, email addresses or mailing address to any employing Client at any time, without written permission from the Agency. Candidate shall contact Clients THROUGH THE AGENCY ONLY.
- The Candidate consents to the disclosure of all relevant information (which is reasonably required to progress any application) including but not limited to copies of qualifications, authorisations and references, by the Agency to the Client.
- Offer of Employment: If, following an introduction from the Agency, the candidate receives an offer of employment or Engagement to work for or with a client introduced by the Agency, the candidate shall inform the Agency immediately and provide the Agent with full details of the Offer including a copy of the Offer letter / contract of employment.
- Permanent Placement Services: Once the Candidate has been permanently placed with a Client for twelve (12) months, Candidate will no longer owe a duty to notify the Agency of changes in the work commitment with the Client.
- Interviews: The Candidate shall have no further contact with the Client, if they were declined for a position after interview. The Candidate agrees they will not communicate (through any mode such as call, text or email) the Client without a written consent from the Agency. At NO TIME may the Candidate solicit work from the Clients that are registered with Agency during the term of this Agreement.
- Theft of Services: Violation of the above provision(s) shall constitute a Theft of Services and result in Candidate to pay Five Lakh Rupees (Rupees 500,000/-) charge in liquidated damages. The PARTIES agree the damages set forth in this this section are liquidated damages and not penalties, and they are reasonable in light of the harm that will be caused by any claim, the difficulties of proof of loss and the inconvenience or infeasibility of otherwise obtaining an adequate remedy.
11) Liability:
BioMedicals India shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Candidate arising from or in any way connected with BioMedicals India seeking suitable work for the Candidate or from BioMedicals India’s Introduction of the Candidate to or Engagement by the Client.
12) Service charges (Fees):
- The Agency shall raise the invoice (Fees) for the services rendered to the Candidate under this Agreement:
- Receiving Offer letter for the Candidate’s engagement with the client.
- Receiving WORKING/SPONSORED VISA Letter for the Employment.
- Fifty percentage (50%) Payment of the invoice raised must be settled seven (7) days prior to the Candidate leaving INDIA (to commence the duties/engagement in the U.K.) and the remaining fifty percentage (50%) of the invoice amount must be settled after thirty (30) days from the date of Commencement of duties/engagement in the U.K.
- The Candidate should not leave India for commencement of duties (engagement) in the U.K. without settling at least 50% payment of the invoice amount. Should the Candidate leave India for commencement of duties/engagement in the U.K., the Agency has the right to INTIMATE the Client and also seek any injunction or stay order from the Court of Law to stop the Candidate from leaving India in addition to other legal remedies.
NOTE: [Service charges (Fees) will be charged once Offer letter is handed to candidate and VISA process is done and all the process for the candidate is completed for his engagement with the Client.]
13) Fees Structure:
For Overseas Placement : {Introduction Fees}: Ten percent (10%) of the annual salary will be raised as Invoice to the Candidate for Sending candidates profile and introducing and scheduling and coordinating interview with client.
[Note: This Fees includes the services mentioned in services section]
The service tax for the invoice raised will be included in the Invoice amount.
For India Placement: We invoice minimum charges upto 10,000 Rupees from candidates for placing inside India.
[Note: candidates from outside India (Overseas candidates) looking for placement in India will be held under Overseas Placement services and will be charged 10% of their annual salary accordingly.
14) Refund Policy:
An application for a refund is addressed according to the notice given by the candidate making the request:
- Within three (3) months from the date of commencement: ONLY twenty five percentage (25%) fees will be refunded.
- From 3 months till termination of Job – Not Refundable.
[Breach of contract/Termination due to inadequate knowledge of the profile shall not be encouraged for refund]
Refund is subject to deduction of Service Tax and other applicable Taxes.
15) Disputes:
The laws of the State of Maharashtra will govern this Agreement. Any disputes, claims, or causes of action arising out for or in connection with this Agreement or any services herein, will be subject to the exclusive jurisdiction of the courts located in the State of Maharashtra (and the Supreme Court on any appeals arising out of this dispute), although the parties may agree to arbitration. Furthermore, the prevailing party will be entitled to recover all attorney’s fees, expert fees, non-judicially recoverable costs and court costs associated with the dispute.
I have acknowledged that I have read and retain a copy of the foregoing statements and agree to these terms and conditions in this Agreement.
BioMedicals India | www.biomedicals.in
[email protected] | +91 9595095343
Regd Add: 173, vishram nagar,
Near Power Grid, Nagpur- 440026
Maharashtra, India.
