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1.1 In this Agreement, the following definitions apply:
1.1.1. "Client" means any person, firm or corporate body to which You are introduced by Morning Dew Recruitment;
1.1.2. Conduct Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
1.1.3. Confidential Information" means all confidential, commercial. financial, marketing, technical or other information or data of whatever nature relating to the Client or its business or affairs in any form or medium;
1.1.4. "Data" means personal data and sensitive personal data as defined in the Data Protection Act 1998;
1.1.5. Intermediary Company" means a third party intermediary company which employs or engages temporary workers;
1.1.6. Permanent Vacancy" means a permanent position with a Client;
1.1.7. Morning Dew Recruitment means Morning Dew Recruitment Limited (trading as Morning Dew Recruitment (MDR)) (Registered in England and Wales) of 1, Albert Mews. Victoria rd, Newport, Isle of Wight PO30 2HE
1.1.8. Temporary Assignment" means a temporary role which you undertake for a Client.
2.1. You authorise Morning Dew Recruitment to provide recruitment services to You and to introduce
You to Clients from time to time.
2.2. Morning Dew Recruitment will endeavour to find the type of work indicated by You in the registration form which You complete or such alternative type of work as You may agree to undertake.
2.3. Morning Dew Recruitment will act as an Employment Business if Morning Dew Recruitment introduce You to a Client for a Temporary Assignment and as an Employment Agency if Morning Dew Recruitment
introduce You to a Client for a Permanent Vacancy.
2.4. You acknowledge and agree that:
2.4.1. Morning Dew Recruitment are under no obligation to introduce You to any Client for any Permanent Vacancy or Temporary Assignment or to otherwise provide You with any work of any kind;
2.4.2. This Agreement is not exclusive and You may register your details with any other recruitment agency at any time;
2.4.3. Although Morning Dew Recruitment will take all practicable steps to ensure that it would not be detrimental to your interests to work in a Permanent Vacancy or Temporary Assignment, You must make appropriate enquiries to ensure that the Permanent Vacancy or Temporary Assignment meets your requirements;
2.4.4. Morning Dew Recruitment will use reasonable endeavours to obtain feedback from the Client in respect of any introduction to or interview with a Client but Morning Dew Recruitment may be unable to obtain such feedback; and
2.4.5. Unless otherwise agreed by Morning Dew Recruitment in writing, You will not be entitled to reimbursement of any expenses which You incur in attending an interview with Morning Dew Recruitment or with a Client.
2.5. If Morning Dew Recruitment propose introducing You to a Client, You must notify Morning Dew Recruitment without delay if You have applied for a position with the same Client directly or through any third party.
2.6. If Morning Dew Recruitment introduce You to a Client, You agree to notify Morning Dew Recruitment in writing before applying for a vacancy with the same Client, directly or through any third party, within the following 12 month period.
2.7. You must notify Morning Dew Recruitment without delay if You receive an offer of employment or engagement from any Client to which You have been introduced or supplied by Morning Dew Recruitment.
3.1. If You carry out a Temporary Assignment, You may be engaged:
3.1.1. Directly by Morning Dew Recruitment as a PAYE worker under Morning Dew Recruitment Contract for Services and:
188.8.131.52. You will be entitled to a minimum of 20 days paid leave per annum plus the usual public holidays in England & Wales;
184.108.40.206. Unless otherwise agreed, you will be entitled to terminate the Temporary Assignment at any time and without notice;
220.127.116.11. You will be paid on the Friday of each week of the Temporary Assignment and the hourly rate shall not be less than the National Minimum Wage or, where applicable, National Living Wage in force from time to time; and
18.104.22.168. Morning Dew Recruitment undertakes to pay You for all work actually carried out by You irrespective of whether Morning Dew Recruitment expects to receive payment from the Client;
3.1.2. Through a limited company of which You are a director under Morning Dew recruitment Company Agreement; or
3.1.3. By an Intermediary Company, provided that:
22.214.171.124. Such Intermediary Company has been approved by Morning Dew Recruitment;
126.96.36.199. Your contract for the Temporary Assignment shall be with the Intermediary Company and not with Morning Dew Recruitment;
188.8.131.52. You acknowledge that the Intermediary Company may apply certain charges and deductions from its payments to You; and
184.108.40.206. You are responsible for making enquiries of the Intermediary Company to establish the charges and deductions which they will make from payments to You and the basis on which You may be able to claim expenses.
3.2. For the avoidance of doubt, Morning Dew Recruitment may determine the basis on which Morning Dew Recruitment are willing to engage You for a Temporary Assignment and Morning Dew Recruitment reserve the right to determine that any particular form of contracting is not appropriate for a particular Temporary Assignment.
4.1. Without prejudice to any other duty to keep secret any and all information given to You, You must not disclose, disseminate or use for your own benefit, or the benefit of any third party, any Confidential Information which is disclosed to You or which You otherwise obtain during the recruitment process.
4.2. For the purposes of this clause, Confidential Information is confidential if it is labelled
confidential, if Morning Dew Recruitment or the Client expressly state (whether in writing or otherwise) to You that the information is confidential or if You reasonably ought to have known that the information would be considered to be confidential.
5.1. You consent to Morning Dew Recruitment capturing, storing and processing Data relating to You in the course of providing recruitment services to You.
5.2. If You wish to be submitted for a Permanent Vacancy or Temporary Assignment, You
consent to Morning Dew Recruitment sending Data relating to You to the Client and to any other relevant third party including, without limitation, Morning Dew Recruitment recruitment finance provider, the Client's managed service provider (if any) and any Intermediary Company which may engage you.
5.3. You acknowledge that your Data may be processed both inside and outside of the European Economic Area for administrative purposes relating to any Permanent Vacancy or Temporary Assignment.
5.4. You acknowledge that Morning Dew Recruitment are required under the Conduct Regulations to disclose all relevant information relating to You to a Client.
6.1. You confirm that:
6.1.1. All information provided by You for the purposes of registering with Morning Dew Recruitment or applying for any Permanent Vacancy or Temporary Assignment is accurate, not misleading and does not omit any relevant information;
6.1.2. You have notified Morning Dew Recruitment of any unspent criminal convictions and, if you are
applying for a Permanent Vacancy or Temporary Assignment which falls within the Rehabilitation of Offenders Act 197 4 (Exceptions) Order 1975, any spent convictions;
6.1.3. You shall, where applicable, provide Morning dew Recruitment with all relevant information regarding any security clearances which You hold and You consent to Morning Dew recruitment providing any such information to the Client and any third party acting on the Client's behalf for the purposes of assessing your suitability, verifying your security clearances or applying for any additional security clearances which are required;
6.1.4. You will notify Morning Dew Recruitment without delay if any information provided by You becomes inaccurate or if it would be detrimental to the interests of the Client for You to work in any Permanent Vacancy or Temporary Assignment; and
6.1.5. You are legally entitled to work in the United Kingdom and shall notify Morning Dew recruitment without delay if You are no longer entitled to do so.
7 .1. Either You or Morning Dew Recruitment may terminate this Agreement in writing at any time and without notice.
7 .2. Upon termination of this Agreement, any Temporary Assignment in progress shall continue until terminated in accordance with its terms.
7 .3. Clauses 2.6, 2. 7, 4 and 5 and shall survive termination of this Agreement.
8. LAW & JURISDICTION
8.1. This Agreement shall be construed in accordance with the laws of England & Wales.
8.2. Any dispute, claim or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales.