By accessing the service at Zartis.com you confirm that you have read these terms and agree to be bound by them in full. If you do not accept these terms and conditions please do not use the service.
1. Scope of Agreement
1.1. These Terms and Conditions (the “Terms”) constitute the entire agreement between AssemblyPoint Limited and the Client and shall govern the work between them. In the event of a conflict between these Terms and any other agreement, these terms shall prevail.
In these terms the following words and expressions shall have the following meanings:
“Accessing the Service” means a Client signing in or logging in to the Service
“AssemblyPoint” Trading as Zartis, a talent marketplace and software platform for IT professionals. The online service for clients facilitates access to candidates looking for new roles.
“Candidate” means any person introduced by AssemblyPoint Limited to a client for Engagement (either in person or via the platform).
“Client” means any person, firm or corporation who utilises the services of AssemblyPoint Limited or any company within the same group of companies or affiliated business
“Interview” any discussion between a Candidate and the Client regarding the potential Engagement of a Candidate by the Client whether by telephone, chat, email, meeting or via the platform
“Engage” refers to any communication relating to the employment of a Candidate by the Client in any capacity.
“Engagement” refers to any communications relating to the employment of a Candidate by the Client in any capacity including on a permanent basis, on a fixed term contract basis or via the provision of services as an independent contractor. Once a client access the AssemblyPoint platform they will be deemed to have engaged with candidates.
“Employment” means the employment of a Candidate by the Client in any capacity including on a permanent basis, on a fixed term contract basis or via the provision of services as an independent contractor
“Fees” means the fees due to AssemblyPoint Limited as set out in Clause 8 below
“Expenses” means all expenses agreed beforehand between AssemblyPoint Limited and the Client and reasonably incurred by the Company in the Engagement of a Candidate
“Platform” means the talent marketplace and software application operated by AssemblyPoint at a number of domains including (but not limited to) Zartis.com , MakeItinIreland.com and in some instances a bespoke client microsite.
“Service” means the talent marketplace provided by AssemblyPoint and accessed via Candidates and Client via the domain Zartis.com (and other associated domains).
“Remuneration” means the total remuneration paid or agreed to be paid to a Candidate in respect of the first year of the Employment representing the gross amount of the following: base salary
“Introduction” means the submission of a Candidate to the Client via the service including via the platform, via email or over the phone. It also refers to a client contacting a candidate after seeing their profile on the platform.
“Commencement Date” means the date of this agreement
“Termination” means the termination of the contract of employment between the Client and the Candidate
3. The Contract
3.1. These Terms are deemed to be accepted by the Client by virtue of its signing into the platform, arranging an Interview with the Candidate or Engaging the Candidate without Interview following the Introduction of the Candidate to the Client by AssemblyPoint.
3.2. These Terms shall be governed and construed in accordance with Irish law and the parties agree to submit to the exclusive jurisdiction of the Irish courts for all purposes in connection with these Terms.
3.3. No variation or alteration of these Terms shall be valid unless agreed in writing by a director of AssemblyPoint.
3.4. These Terms are personal to the Client and the Client shall not be entitled to assign or transfer or purport to assign or transfer any of its rights under these Terms and further shall not be entitled to sub-contract any of its obligations under these Terms without the prior written consent of a director of the Company.
3.5. Both parties agree that these Terms shall not be enforceable by a third party and these Terms or any Agreement to which they are applicable can be rescinded or varied by written agreement between the parties without the consent of any such third party. For the purposes of this clause a third party means any person who is not a party to these Terms.
3.6. In the event that any of these Terms is determined invalid, unlawful or unenforceable to any extent, it shall be severed from the remainder of these Terms which shall continue to be valid to the fullest extent permitted by law.
3.7. References in these Terms relating to the singular include the plural and vice versa.
3.8. References in these Terms relating to a gender shall be construed as referring to any gender.
3.9. References in these Terms relating to a statute include any subsequent modifications, amendments or re-enactments of that statute.
3.11. This contract shall start on the Commencement Date until terminated in accordance with the provision (s) below.
3.12. Either party may terminate this contract at any time, for any reason, or for no reason.
4.1. AssemblyPoint Limited will use best endeavours to ensure a suitable match of the Candidate with the client, but it does not obtain references nor seek independent verification of the information supplied by a Candidate on the platform. No warranty either express or implied is given by AssemblyPoint Limited as to the suitability of the Candidate for the purposes of the Client or as to the accuracy of any references supplied or qualifications of the Candidate. AssemblyPoint Limited sources candidates for the platform, short-lists the most suitably qualified (as requested), conducts a preliminary screening and facilitates client access to candidates via the platform.
4.2. All information given by AssemblyPoint Limited about a Candidate is given in good faith and in reliance of information given to AssemblyPoint Limited by the Candidate. It shall be the responsibility of the Client to take such steps as are necessary to satisfy itself of the suitability of the Candidate and to verify the accuracy of the information supplied by or any statement made by the Candidate. The Client is strongly advised to obtain references provided by the Candidate before Engagement.
4.3. The Client shall be responsible for obtaining all work, security and other permits, verifying professional and academic qualifications, the arrangement of medical examinations and/or investigations into the medical history of the Candidate, and satisfying any medical and other requirements or qualifications required by law for the position, which the Candidate is sought.
5.1. AssemblyPoint Limited shall not be liable in contract, tort or otherwise for any loss, expense or damage suffered by the Client arising from or in any way connected with the Introduction or Engagement of ate or from the failure of AssemblyPoint Limited to introduce aCandidate or any prospective Candidate.
5.2. Notwithstanding the foregoing, nothing in these terms shall operate to limit AssemblyPoint Limited’s liability for death or personal injury, which occurs as a result of AssemblyPoint Limited’s negligence including that of its employees or agents.
6.1. The Client undertakes to keep confidential and shall ensure that its officers, employees and agents and associated and affiliated companies shall at all times keep the Introduction of the Candidate to the Client and all personal information relating to a Candidate, which is supplied to it by AssemblyPoint Limited confidential. Such information is supplied for use by the Client solely in connection with assessing the suitability of the Candidate for an Engagement and the Client shall not be entitled to pass any such information to a third party, including an associated company. The client undertakes not to disclose any information relating to candidates on the platform including but not limited to disclosing via email/ or via social media platforms.
7.1. The Client shall notify AssemblyPoint Limited immediately on any offer of Employment being made to a Candidate and also when this offer of Employment has been accepted (whether verbally or in writing) and shall provide confirmation in writing of the Candidate’s Actual Remuneration to AssemblyPoint Limited.
7.2. The Fees shall be payable where Employment takes place at any time within 12 months from the date of the Introduction of the Candidate to the Client by AssemblyPoint. Should the Candidate be introduced to the Client on more than one occasion, the Fees shall be payable where the Employment takes place within 12 months of the last such Introduction by AssemblyPoint Limited.
7.3. The Client shall not have the right to assign the benefit of an Introduction made by AssemblyPoint Limited and if a Client directly or indirectly, intentionally or otherwise refers a Candidate to a third party which results in Employment of the Candidate by that third party the Client shall be liable to pay the Fees as if the Candidate had been engaged by the Client on the same terms as the Candidate has been engaged by the third party.
7.4. If a Candidate introduced by AssemblyPoint Limited is rejected by the Client at any stage or a Candidate rejects an offer made by the Client and is subsequently employed by the Client in any capacity whatsoever within 12 months of rejection, including where a Candidate is reintroduced from another source, the Client shall be liable to pay the Fees as outlined in Section 8.
8.1. In consideration of the services provided by AssemblyPoint Limited, the Client shall pay to AssemblyPoint Limited fees as follows:
10% of Candidate’s Annual Gross Salary unless otherwise agreed in writing by both parties.
8.2. Percentage applies to first year’s Actual Gross Salary payable to the Candidate. Invoice from AssemblyPoint Ltd will be issued on the start date of the candidate and is due to be paid within 14 days.
8.3. Where the Candidate is engaged on a fixed term basis for a period of less than a year, the Fees shall be calculated on a pro rata basis.
8.4. All fees described in this clause are exclusive of VAT, which the Client shall be additionally liable to pay to AssemblyPoint Limited at the prevailing rate.
8.5. Unless otherwise agreed by AssemblyPoint Limited all Fees are calculated and payable in euro or Sterling (currency dependent on location of client).
8.6. The Client shall pay all Fees not later than 14 days after their invoice date.
8.7. If the Client passes on details of the Candidate to a third party and the services of the Candidate are retained by a third party in any capacity, in any role, the Client is immediately liable to AssemblyPoint Limited for the full Fees for the Service as set out in this clause (or any outstanding balance thereof).
8.8. If no initial Employment results from the Introduction but the services of the Candidate are subsequently retained in any capacity, in any role by the Client within 12 months of the date of the last interview between the Candidate and the Client, the Client shall immediately be liable to AssemblyPoint Limited for the full Fees for this Engagement.
8.9. Failure to pay any Fees due under this clause within the payment terms outlined in Clause 8.6 above will invalidate any guarantees or rebates as outlined below in Clause 9.
9. Refund guarantee
9.1. In the event of the Candidate leaving the Client’s service within 90 days of start date, AssemblyPoint Limited will provide a 100% refund of any fees paid or, at the client’s discretion, introduce a replacement Candidate(s) at no additional Fee in excess of that agreed and paid in accordance with clause 8 above (“Fees”).
9.3. No rebate of the Fee or replacement will be made if the Termination is due to redundancy.
10.1. AssemblyPoint Limited may terminate the agreement without liability to the Client by giving notice to the Client at any time.
11.1. The Client agrees that it will not nor will it attempt directly or indirectly to solicit, interfere with, procure or entice away, either alone or jointly with any other firm, company or other organisation, any employee of AssemblyPoint Limited, with whom it was involved in the delivery of recruitment services, to leave the employment of AssemblyPoint Limited (whether or not it would be a breach of contract by the employee) for a period of 12 months after signing these terms.
12.1. Failure by either party to exercise or enforce any right conferred by these terms shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any other right on any other occasion.
13. Force Majeure
Neither party shall be liable for damages for any delay or failure of service delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to; Acts of nature, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other.
14. Intellectual Property
All intellectual rights related to the code and design of Zartis remain the property of AssemblyPoint Ltd. Title to, and all intellectual property rights, to the data stored in the application is the Clients property. The Client grants AssemblyPoint Limited the right to store, backup and manipulate the data so that you can use the service. Access to the data is contingent upon all payments being up to date.
AssemblyPoint Limited makes every effort to provide continuous access to your data and has a number of processes in place to protect against any data loss. This includes daily backups of data and data replication on the Windows Azure platform. However, no system can be fully protected against the potential of data loss. For this reason we cannot accept any liability for data loss. It is your obligation to ensure you backup your own data.
Contact: If you have any questions regarding the Terms and Conditions of Use, please contact us for further information at AssemblyPoint Ltd, 78 South Mall, Cork, Ireland.