TERMS AND CONDITIONS
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our placement contract by Infiniti Event Management Ltd a company registered in England and Wales under number 08535184 whose registered office is at Flat 1, 33 Wetherill Road, Muswell Hill, London, N10 2LT (we/us/our/acting as Recruitment Agency) to the person buying the services (you/our Client).
2. You are deemed to have accepted these Terms and Conditions when you sign a Contract or from the start date of any assignment (whichever happens earlier), and these Terms and Conditions and our Contract are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
5. Words imparting the singular number shall include the plural and vice-versa.
Services
6. We warrant that we will use reasonable care and skill in our performance of the Contract which will comply with the quotation. We can make any changes to the Contract which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
Managing Director/Founder: Dimitris Dimadis
Infiniti Event Management & Household Placements Ltd, Tel: 07736 387406 Email: dimitris@infinitievents.co.uk
Company No. 08535184
Your obligations
7. You must obtain any permissions/consents etc. that our staff need to undertake their duties and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Contract. We must be notified in advance of any work during the assignment period which is not to be undertaken at the address on the Contract, and/or which is not within the original remit of the role. We will agree any changes with our staff.
8. If you do not comply with clause 7, we can terminate the Contract. Our staff wellbeing is priority.
9. We are not liable for any delay or failure to provide the Contract if this is caused by your failure to comply with the provisions of this section (Your obligations).
10. You must not approach any of our agency staff directly regarding private and/or permanent placements. This must be in liaison with us so we can negotiate on behalf of our staff member, and an ‘introduction fee’ will be payable to Infiniti Event Management Ltd.
Fees
11. The fees (Fees) for the Contract are set out in the quotation.
12. In addition to the Fees, we can recover from you a) reasonable incidental expenses, i.e. travel costs, b) additional costs incurred if the original Contract alters for an individual staff member – as per item 7 above, and c) the cost of any materials required for the provision of the Services. These would be agreed in advance.
13. You must pay us for any additional services – including staff overtime - provided by us that are not specified in the Contract in accordance with our then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 12 also apply to these additional services.
14. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
15. We can withdraw, cancel or amend an agreement if it has not been accepted by you, or if the Contract has not started, within a period of 14 days from the date of the assignment, (unless the assignment has been withdrawn).
16. Either we or you can cancel an agreement for any reason prior to your acceptance (or rejection) of the quotation.
17. If you want to amend any details of the Contract you must tell us in writing (business email acceptable) as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
Managing Director/Founder: Dimitris Dimadis
Infiniti Event Management & Household Placements Ltd, Tel: 07736 387406 Email: dimitris@infinitievents.co.uk
Company No. 08535184
18. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Contract provision, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
19. We will invoice you for payment of the Fees as per the agreed quotation.
20. You must pay the Fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
21. Time for payment shall be of the essence of the Contract.
22. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out in the agreed quotation (as per item 20 – within 14 days of invoice date), we will charge you interest rate of 4% on the amount outstanding.
23. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
24. If you do not pay within the period set out above, we can suspend any further provision of the Contract and cancel any future services which have been ordered by, or otherwise arranged with, you.
25. All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
26. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
27. We can terminate the provision of Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or b. fail to pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
Managing Director/Founder: Dimitris Dimadis
Infiniti Event Management & Household Placements Ltd, Tel: 07736 387406 Email: dimitris@infinitievents.co.uk
Company No. 08535184
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Liability and indemnity
28. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
29. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
30. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
31. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment.
32. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Managing Director/Founder: Dimitris Dimadis
Infiniti Event Management & Household Placements Ltd, Tel: 07736 387406 Email: dimitris@infinitievents.co.uk
Company No. 08535184
Data Protection
33. The Recruitment Agency shall only Process Personal Data to the extent reasonably required to enable it to supply the Contract as mentioned in these terms and conditions or as requested by and agreed with the Client. We shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for our own purposes or for any third party's purposes. We securely hold sensitive/personal staff information for emergency situations such as needing to notify a family member or next of kin etc.
Circumstances beyond a party's control
34. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes,
acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Contract to be carried out under these Terms and Conditions.
Communications
35. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party). Communication the most recent via business email is acceptable. Acknowledgement of communications required within 3 working days.
No waiver
36. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
37. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
38. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Managing Director/Founder: Dimitris Dimadis
Infiniti Event Management & Household Placements Ltd, Tel: 07736 387406 Email: dimitris@infinitievents.co.uk
Company No. 08535184