Terms and Conditions
INTERPRETATION
On termination of the Contract for any reason:
- Definitions: In these Conditions, the following definitions apply:
- Interview Fit: Interview Fit of Highview,The Fairfield, Farnham, Surrey, GU9 8AJ.
- Confirmation: the letter from Interview Fit to the Client detailing the Services, which may be sent by email. Contract: the contract between Interview Fit and the Client for the supply of Services, comprising the Confirmation and these terms and conditions.
- Client: the person or firm who purchases Services from Interview Fit as named in the Confirmation and any employee of such person or firm who receives the benefit of the Services.
- Interview Fit Materials: the Interview Fit website and information contained therein and all reports, databases, newsletters and other information provided to the Client by Interview Fit as part of the Services, but excluding any CV or similar document provided as part of the services.
- Services: Preparation and guidance on job search documentation and/or interview preparation services to be provided by Interview Fit to the Client as more particularly described in the Confirmation.
- The Confirmation shall constitute an offer by Interview Fit to provide the Services, which shall be accepted by the Client by payment being made for the services as specified in the confirmation by email to the Client. If this offer is not accepted by the Client making payment for the Services within 1 month of the date of such letter the offer shall be automatically revoked.
- The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Interview Fit which is not set out in the Contract.
- These terms and conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Interview Fit warrants to the Client that the Services will be provided using reasonable care and skill.
- Interview Fit shall use all reasonable endeavours to meet any performance dates, deadlines or turnaround times specified in the Contract or agreed with the Client but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
- Interview Fit shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Interview Fit shall notify the Client in any such event.
- If Interview Fit's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (“Client Default”), Interview Fit shall without limiting its other rights or remedies have the right to suspend performance of the Services without liability until the Client remedies the Client Default.
- The Client shall cooperate with Interview Fit in all matters relating to the Services and provide Interview Fit with such information, materials, authorisations and consents as Interview Fit may reasonably require in order to supply the Services and shall ensure that such information and materials are accurate in all material respects. The Client grants Interview Fit its consent to use and disclose all information it provides as necessary to provide the Services.
- In the case of Services relating to the preparation of job application/search documentation (such as CVs, application forms, cover letters and LinkedIn profiles), following receipt of the first draft of such documents from Interview Fit the Client may make one request for alterations within 7 days of receipt of such documents. Following such a request, Interview Fit will make the requested alterations and submit a final draft to the Client, which shall conclude the Services. Any further requests for alterations or requests made after the 7 day period will incur additional charges.
- In the case of Services relation to interview preparation or coaching, the Services shall be provided as set out and for the particular interview(s) specified in the Confirmation. Any additional Services required, for subsequent interviews or otherwise, will incur additional charges.
- Interview Fit reserves the right in its absolute discretion to decline to carry out any Services on the grounds that it is illegal or immoral or for any other reason.
- The fees for the Services shall be as set out in the Confirmation.
- Interview Fit shall be entitled to charge the Client for any travelling and hotel expenses reasonably incurred by Interview Fit or its personnel in connection with the Services. Interview Fit will notify the Client in advance of such additional charges.
- Fees for the Services shall be invoiced in advance of the Services being performed, unless otherwise agreed with the Client.
- The Client shall pay each invoice submitted by Interview Fit in full as soon as possible following receipt and in any event within 14 days of the date of the invoice by bank transfer to the bank account specified, accepted credit or debit card or Paypal, as agreed with the Client. Unless otherwise agreed with the Client, payment for Services shall be in advance and Interview Fit shall not be required to perform any Services until full payment has been received. Time for payment shall be of the essence of the Contract.
- If the Client fails to make any payment due to Interview Fit under the Contract by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of 4% per cent per annum above National Westminster Bank's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
- The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Interview Fit may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by Interview Fit to the Client.
- No refund will be given for cancellations notice of which is given by the Client after Interview Fit has started work on the Services.
- The Client must provide at least 48 hours notice of postponement of a scheduled face-to-face meeting. Interview Fit reserves the right to charge the Client in the event of any failure to do so.
- All rights, title and interest in the Interview Fit Materials shall be and remain owned by Interview Fit. The Client shall not use the Interview Fit Materials except as necessary to benefit from the Services and shall not disclose the Interview Fit Materials to any third party. This clause shall survive termination of the Contract.
- Interview Fit shall use its reasonable endeavours to ensure accuracy but it is the Client's responsibility to proofread and check the accuracy of any job application documentation provided by Interview Fit as part of the Services.
- Interview Fit shall not be responsible for the outcome of any job application or interview in relation to which it has provided the Services.
- All implied warranties or representations relation to the Services are excluded to the extent permitted by law.
- Nothing in these Conditions shall limit or exclude Interview Fit's liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors, fraud or fraudulent misrepresentation or breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
- Subject to liability clause 3:
- Interview Fit shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or bargain, or any indirect or consequential loss arising under or in connection with the Contract; and
- Interview Fit's total liability to the Client in respect of all other losses arising under or in connection with the Contract or Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount paid by the Client to Interview Fit for the Services described in the Confirmation to which the particular Services relate.
- The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
- This liability clause shall survive termination of the Contract.
- Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of any term of the Contract (which shall include a failure by the Client to pay any amount due under the Contract) and fails to remedy that breach within 10 days of that party being notified in writing to do so;
- the other party is subject to any form of insolvency proceedings; or
- the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical),is incapable of managing his own affairs or becomes a patient under any mental health legislation.
On termination of the Contract for any reason:
- the Client shall immediately pay to Interview Fit all of Interview Fit's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Interview Fit shall submit an invoice, which shall be payable by the Client immediately on receipt;
- the Client shall return all Interview Fit Materials;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
- clauses which expressly or by implication survive termination shall continue in full force and effect.
- All personal data acquired by Interview Fit from the Client shall only be used for the purposes of the Contract and shall not be further processed or disclosed without The Client’s consent in accordance with the Data Protection Act 1998 (the “Act”). The Client agrees to comply with the provisions of the Act as regards information provided as part of the Services.
- For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Interview Fit. Interview Fit shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
- If the Force Majeure Event prevents Interview Fit from providing any of the Services for more than 4 weeks, Interview Fit shall, without limiting its other rights or remedies, have the right to terminate the Contract immediately by giving written notice to the Client.
- The Client shall not assign, transfer, mortgage, charge, subcontract or otherwise transfer any or all of its rights or obligations under the Contract.
- Any notice or other communication given to a party under or in connection with the Contract shall be in writing (including email).
- If any provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
- A person who is not a party to the Contract shall not have any rights to enforce its terms.
- Except as set out in the Contract, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by Interview Fit.
- This Contract, and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.