EMPLOYMENT AGENCY CANDIDATE AGREEMENT
This agreement is entered between Boz Danışmanlık – Birol Ozturk (hereinafter referred as “The Agency”) and ……………………………………. (hereinafter referred as “The Candidate”)
The Agency is a referral service that prescreens and refers candidates to existing and potential Agency Clients. Candidate has contacted the Agency seeking assistance in job placement as a Candidate with Agency’s employing clients or responded to one of the Agency’s job advertisements.
TERMS AND CONDITIONS
- Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings.
means “Boz Academy Consulting Agency” a company registered in Istanbul Turkey under number “7100082741” that registered at “Kucukcekmece Tax Office”
means any person using the services of “Agency” for the purpose of finding employment.
means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced.
Means data relating to a living individual (in this case the Candidate) that enables them to be identified and includes, but is not limited to, the Candidate’s name, address, telephone number and email address.
Means the employment agency services provided by the Agency to the Candidate as set out in these Terms and Conditions
1.2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1. “Writing” and any other cognate expression includes a reference to any communication affected by electronic or facsimile transmission or similar means;
1.2.2. “These Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time.
1.2.3. “A clause or paragraph” is a reference to a Clause of these Terms and Conditions (other than the schedules) or a paragraph of the relevant Schedule; and
1.2.4. a “Party” or the “parties” refer to the parties to these Terms and Conditions.
1.3. The headings used in these terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
- The Contract
2.1. Any and all business entered into by the Agency is subject to these Terms and Conditions in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing managing director/founder of the Agency.
2.2. The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon either their submission of any information or date to the Agency; or their making an application to a job advertisement of the Agency.
2.3. The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency will make reasonable effort to notify Clients and Candidates of any changes.
- The Services
3.1. The Candidate shall have the facility to browse vacancy advertisement and apply for any vacancies that it so chooses.
3.2 The Agency shall provide its services to the Candidate as an employment agency at no cost to the Candidate.
3.3 The Agency shall inform the Candidate of any and all vacancies for which the Candidate is suitable and which meet the Candidate’s requirements.
3.4. Whilst the Agency shall use its best and reasonable endeavors to inform the Candidate of any and all vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available or that the Candidate shall be informed of available vacancies.
3.5. Whilst the Agency requires its Clients to ensure that all information provided to it is complete, accurate and up to date, the Agency does not provide any warranty or guarantee of any kind that the vacancy advertisement and other information made available to the Candidate are complete, accurate and up to date.
- Candidate Information
4.1. In order to use the Services, the Candidate shall be required to provide details which shall include, but not limited to, those regarding their contact information, qualifications, training, experience, employment history and references. The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies.
4.2. The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete and up-to-date.
4.3. In the event that the information submitted to the Agency becomes incorrect, inaccurate, incomplete or out of date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonable possible.
4.4. Where any of the information submitted to the Agency contains details which may be used to identify a third party (including but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to submitting the information.
5.1. When applying for a vacancy, the Candidate must ensure that they:
5.1.1. have read the complete details of the vacancy;
5.1.2. understand the requirements of the vacancy;
5.1.3. meet the requirements of the vacancy
5.1.4. possess any requisite qualifications required by the vacancy; and
5.1.5. have obtained or applied for any relevant permits or authorization
5.2. When completing forms or any other application documents the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up to date.
5.3. In the event that information submitted becomes incorrect, inaccurate, incomplete or out of date, the Candidate must submit appropriately revised information to the Client as soon as is reasonably possible.
5.4. Where any of the information submitted to a Client contains details which may be used to identify a third party (including but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Client prior to submitting the information.
5.5. The Agency shall forward the Candidate’s details to Clients for the purpose of the relevant vacancy only. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, the Candidate must make it clear which vacancies they applied for.
5.6. The Agency reserves the right and the discretion to decline to forward applications to its Clients if it considers them to be in breach of these Terms and Conditions.
- Data Protection
6.1. The Agency will collect certain Personal Data and other information from the Candidate which is required for the provisions of the Services. Such Personal Data is collected, held and processed by the Agency for the following purposes:
6.1.1 Providing information regarding the vacancies and other relevant information to the Candidate
6.1.2. Matching relevant Candidates and vacancies;
6.1.3. Monitoring and improving its services
6.1.4. Ensuring the Clients the accuracy of the information the Candidate has provided.
6.1.5 Screening Candidates for their eligibility for the vacancy.
6.2 The Agency shall not share any information collected from Candidate with any third parties without the consent of the Candidate unless otherwise required by law and regulatory government agencies.
6.3. The Agency may share Personal Date with the following parties without the prior consent of the Candidate:
6.3.1. Another business which merges with or acquires the Agency;
6.3.2. Regulatory bodies or law enforcement authorities; and
6.3.3. Any professional advisors, contractors or sub-contractors that the Agency may appoint from time to time.
6.3.4. The Agency makes no warranty or representation that any Client or Employer will keep confidential any of the Candidate’s information or data provided to that Client or Employer.
7.1. The Agency shall not be liable for any of the following:
7.1.1. The loss of any data, CVs or other materials submitted by the Candidate;
7.1.2. Any errors or inaccuracies present in the information presented to Candidate including but not limited to vacancy advertisements;
7.1.3. The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;
7.1.4. Any loss or damage of any kind howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
7.1.5. Any loss or damage of any kind, howsoever caused arising out of any material submitted to the Agency by the Candidate.
7.2. If the Agency is in breach of these Terms and Conditions, it will only be responsible for any losses to the extent that they actually occurred as a direct result of any breach of these Terms and Conditions. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
7.3. The Candidate shall not share any of their information, including but not limited to their name, telephone number, email address, mailing address, with the Clients of the Agency, in any form, without written consent from the Agency.
7.4. The Candidate shall keep all the information they obtained during the interviews both with the Agency and the Client, and shall not share any of the information with third parties including friends and family causing any other party to solicit business with the Client and/or application of employment bypassing the Agency.
8.1. The Candidate shall indemnify the Agency in the cases of the following:
8.1.1. Breach of these Terms of Conditions causing the Agency suffer financial loss,
8.1.2. If the candidate applies for a vacancy at the same Client or its subsidiaries within 1 (one) year after having an interview with the said Client,
8.1.3. If the candidate applies for a vacancy directly with a Client after the Agency introduced the Candidate and the Client, or via any other agency for the same client.
- Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their 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: power failure, Internet Service Provider failure, 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.
10.1. All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorized officer of the Agency or by the Candidate.
10.2. Notices shall be deemed to have been duly given:
10.2.1. When Delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
10.2.2. When sent, if transmitted by facsimile or email and successful transmission report or return receipt is generated; or
10.2.3. All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
- Relationship of Parties
Candidate understands and agrees that the Agency is not the Candidate’s employer. Candidate and/or the Clients shall define the manner of Candidate’s services and provide any equipment necessary. The nature of the Candidate /Agency relationship is as independent contractors and the Agency merely provides a service whereby Candidate might find work with Clients as a source of referrals. Candidate is free to accept or reject any work referred by the Agency.
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- Law and Jurisdiction
13.1. These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Turkey.
13.2. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of Istanbul/TURKEY.