Terms of Engagement for Services
Search Markets Limited (the ‘Company’) offers ‘Services’ which are found on the www.searchmarkets.services website, as well as other websites including www.searchmakets.com
This agreement describes the Terms of Engagement for Services (the ‘Agreement’) when services are purchased from the www.searchmarkets.services website by individuals or organisations.
In this Agreement, individuals and organisations who have purchased products shall be referred to as the ‘Purchaser’.
This Agreement is for Services, provided by Search Markets Limited from the www.searchmarkets.services website.
Advisor, or such other titles as may be required.
Search Markets’ engagement commences when a purchase is completed and will continue until terminated by either party in accordance with Clause 14 below. There is no trial engagement period.
Search Markets will act as an advisor to the Purchaser and shall also carry out duties and comply with such instructions by the Purchaser, which Search Markets shall reasonably determine and shall use their best endeavors to promote and protect the interests of the Purchaser.
This position is ‘Work from Home’ (WFH) or from any such other location as the Purchaser may deem fit. Search Markets, and employee of Search Markets, may be required to travel in pursuance of his duties, as the Purchaser may require from time to time. Any expenses incurred by Search Markets for travel or because of travel will be reimbursed by the Purchaser.
It has been agreed that the Purchaser shall retain Search Markets for Services and Search Markets will invoice the Purchaser for said Services, payable in advance on or before the first working day of each month and payable on a twelve-month basis.
Said Services are comprised of one contact hour or one hour of production time, unless described differently on the www.searchmarkets.services website. Time not taken is not refundable. Any additional hours agreed will be charged at US$200 per hour.
Upon termination of this Services agreement, if there is any dispute as to Search Markets’s entitlement, compensation will be for US$200.
Search Markets shall be solely responsible for all taxes arising from the payments they receive resulting from the engagement.
Search Markets shall be reimbursed for amounts reasonably and properly expended by them in the performance of their duties subject to compliance with the Purchasers, then and current guidelines relating to expenses. Search Markets shall produce to the Purchaser, all supporting receipts in respect of such expenses at such time and in such manner as instructed by the Purchaser, otherwise the Purchaser reserves the right not to reimburse such expenses.
Contact hours should be booked with Search Markets between 0700-1900 (GMT) on either Tuesday, Wednesday or Thursday each week, at least 24 hours in advance of the time requested. In view of the nature of the engagement, subject to legal requirements, Search Markets may be expected to work outside of these hours, but not on Saturdays, Sundays or statutory holidays, or without additional remuneration. Search Markets’ working hours may be adjusted from time to time to suit The Purchaser’s specific requirements.
There is no leave allowance.
If Search Markets is unable to fulfill their duties due to illness or injury of staff they will endevour to inform the Purchaser where reasonably practicable. They must also keep the Purchaser advised regularly should they continue to be absent and of likely return date.
Search Markets shall not, either during his engagement or at any time after his termination of the engagement & retainer for services agreement:
any private, confidential or secret information of the Purchaser (including lists or details of clients or candidates, The Purchaser’s fees, business plans, marketing plans, client dealings, arrangements, or other information concerning the business of the Purchaser, its clients or candidates) which Search Markets has obtained by virtue of their engagement or in respect of which the Purchaser is bound by any obligation of confidence to a third party. These restrictions shall cease to apply to information or knowledge which is required to be disclosed by law or may (otherwise than through Search Markets default) become available to the public generally.
Search Markets is strictly forbidden to remove (whether this is a deliberate act or through error) any of the Purchaser’s property from the offices of the Purchaser (or to copy onto another computer), without the approval of the Purchaser. The Purchaser’s property shall include country directories, listing names and profiles of individuals, data, diskettes, software or any material deriving from the Purchaser’s database, accounting and payroll records (such as print outs, label sheets), any documents, notes, or memoranda containing any information concerning the business of the Purchaser, its clients or its candidates (including copies thereof) property shall be and remain the property of the Purchaser and shall be delivered by Search Markets to the Purchaser upon request.
Search Markets acknowledges that the copyright and other intellectual property rights in all materials produced by them for the Purchaser during, or in connection with his engagement (whether or not produced by them during normal working hours) belong to and shall vest in the Purchaser. They shall execute such assignments and other documents as may be required by the Purchaser to fully vest all copyright and other intellectual property rights in such copyright materials, and in other inventions Search Markets agrees that should they fail to do so, they irrevocably appoint any Director of the Purchaser to execute such assignments and other documentation in his name and on his behalf.
Search Markets is aware that The Purchaser’s computer equipment and email addresses are strictly for company business use only and may be viewed by the Purchaser, other staff members and third party contractors from time to time.
Search Markets is aware that any breach of the regulations contained in this clause is a serious misconduct and may result in the termination of this services agreement and legal action. It should be noted that it might be a criminal offence to gain unauthorised access to the Purchaser’s computer information.
Search Markets shall not during the period of their engagement for Services, except with the prior written consent of the Purchaser, be in any way directly or indirectly engaged or concerned in any other business or undertaking where this is likely to be in conflict with the interests of the Purchaser or where this may adversely affect the efficient discharge of their duties.
Either party may terminate the Agreement by giving the other party hereto not less than one month notice in writing.
The Purchaser reserves the right to terminate Search Markets’ engagement for Services without notice or payment in lieu of notice if (a) Search Markets (i) willfully disobeys a lawful and reasonable order; (ii) misconducts, such conduct being inconsistent with the due and faithful discharge of their duties; (iii) is guilty of fraud or dishonesty; or (iv) is habitually neglectful of their duties; or (b) on any other ground on which the Purchaser would be entitled to terminate the Agreement without notice at common law.
The Purchaser may treat the following behaviour as serious misconduct:-
– Unauthorised absence including persistent lateness, being absent from the workplace during the working day for an unauthorised reason, or not complying with sickness absence procedures.
– Personal misconduct likely to be the detriment of the business or affecting your position at work.
– Sexual harassment in any form or any act of discrimination.
– Failure to report to the Company of any criminal offence committed
– Theft, Assault, Fraud;
– Breach of confidentiality;
– Malicious damage;
– Serious misrepresentation at time of appointment including such areas as qualifications, previous positions held, declaration of health, failure to disclose a criminal record;
– Deliberate falsification of records;
– Removal of Company’s records without authorization.
Please note that the above is not an exhaustive list.
The initial response of the Purchaser to instances of unsatisfactory conduct or poor standards of performance will in the first instance be informal discussion. This does not constitute disciplinary action.
Where disciplinary action is deemed to be necessary the services provider will be given a written warning. If the services provider’s conduct continues to cause concern a second and final written warning will be given. If there is no improvement the Purchaser reserves the right to dismiss Search Markets.
Please note that the Purchaser reserves the right not to follow the disciplinary procedure set out in this clause as it deems fit.
The Purchaser recognises that dissatisfaction in connection with Search Markets’ engagement may arise. Such dissatisfaction need not involve any grievance procedure. The aim of the Purchaser grievance procedure is to clarify the rights, responsibilities and obligations of management and Search Markets when grievances occur ensuring that a resolution is achieved quickly and satisfactorily. No criticism will be attached to a member of staff invoking the procedure.
Initially it would be hoped that grievances can be resolved through speaking to one of the Directors at Search Markets of the Purchaser.
In so far as they are applicable and not inconsistent with this Agreement, Search Markets shall comply with the Purchaser’s policy in force from time to time.
Search Markets hereby warrants and undertakes that he is free from any restrictions from entering into the Agreement with the Purchaser and from carrying out their duties herein.
Search Markets’ personal data which has been supplied for the purpose of this engagement is required for obtaining reference checks, for maintaining services provider records, for assessing services provider compensation and benefits, for training and development, for appraisal, for business purpose and for emergency purposes and such personal data may be forwarded (locally or overseas) to The Purchaser’s insurers, bankers, and medical practitioners providing medical services to services providers, if applicable, and to any relevant service provider or any government authority (at the authority’s request) or to any third party as the Company deems fit.
The Agreement supersedes and replaces any previous agreements reached between Search Markets and the Purchaser regarding the subject matter herein.
This Agreement shall be governed and construed in all respects in accordance with the law of England & Wales or Hong Kong Special Administrative Region and the parties to this Agreement submit to the non-exclusive jurisdiction of the courts of England & Wales or Hong Kong Special Administrative Region.
The Purchaser reserves the right to propose reasonable changes to any of Search Markets terms of engagement. Such changes will be notified to Search Markets in writing and will take effect at such time as agreed by Search Markets and the Purchaser.
By engaging with Search Markets you agree to accept the terms and conditions as stipulated.
Copyright © Search Markets Courses 2024