LEGAL

Terms & Conditions

General Terms and Conditions


General
Last Updated 01 May 2020  




1. Agreement to Terms    

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Numeric Ltd., doing business as Pilotbase, located at Suite 167, Shepherds Market, London, W1J 7JY United Kingdom (we, us), concerning your access to and use of the Pilotbase (http://www.pilotbase.com) website as well as any related applications (the Site).  


The Site provides the following services: Online platform where users can read articles, download helpful tools and find jobs. (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.  


If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  


1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.  


1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated ‚ÄúRevised‚ÄĚ date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes. ¬†


1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.  


1.5 Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  


1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.


1.7 Additional policies which also apply to your use of the Site include:  


‚óŹ Our Privacy Notice http://www.pilotbase.com/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. ¬†


2. Acceptable Use    


2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  


2.2 As a user of this Site, you agree not to:  
 
‚óŹ Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us ¬†
‚óŹ Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses ¬†
‚óŹ Use the Site to advertise or sell goods and services ¬†
‚óŹ Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use ¬†
‚óŹ Engage in unauthorized framing of or linking to the Site ¬†
‚óŹ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords ¬†
‚óŹ Make improper use of our support services, or submit false reports of abuse or misconduct ¬†
‚óŹ Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools ¬†
‚óŹ Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site ¬†
‚óŹ Attempt to impersonate another user or person, or use the username of another user ¬†
‚óŹ Sell or otherwise transfer your profile ¬†
‚óŹ Use any information obtained from the Site in order to harass, abuse, or harm another person ¬†
‚óŹ Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise ¬†
‚óŹ Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site ¬†
‚óŹ Attempt to access any portions of the Site that you are restricted from accessing ¬†
‚óŹ Harass, annoy, intimidate, or threaten any of our employees, agents, or other users ¬†
‚óŹ Delete the copyright or other proprietary rights notice from any of the content ¬†
‚óŹ Copy or adapt the Site‚Äôs software, including but not limited to Flash, PHP, HTML, JavaScript, or other code ¬†
‚óŹ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party‚Äôs uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism ¬†
‚óŹ Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools ¬†
‚óŹ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site ¬†
‚óŹ Use the Site in a manner inconsistent with any applicable laws or regulations ¬†
‚óŹ Threaten users with negative feedback or offering services solely to give positive feedback to users ¬†
‚óŹ Misrepresent experience, skills, or information about a User ¬†
‚óŹ Advertise products or services not intended by us
‚óŹ Falsely imply a relationship with us or another company with whom you do not have a relationship ¬†


3. Information you provide to us


3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.  


If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at hello@pilotbase.com.


3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.  


3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.


You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.


3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the ‚ÄúSocial Network Content‚ÄĚ) so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. ¬†


Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.


You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.


You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to hello@pilotbase.com or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.    


4. Content you provide to us  


4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.    


4.2 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy __________.    


4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.


4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.  


4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values


4.6 If you wish to complain about User Content uploaded by other users please contact us at hello@pilotbase.com.    


5. Our content    


5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.  


5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.  


5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.


5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  


5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  


5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.  


6. Link to third party content  


6.1 The Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.


6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.    


7. Site Management    


7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  


7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.


7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  


8. Modifications to and availability of the Site    


8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    


8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.


8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  


9. Disclaimer/Limitation of Liability    


9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  


We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.


9.2 Our responsibility for loss or damage suffered by you:


Whether you are a consumer or a business user:


‚óŹ We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. ¬†


‚óŹ If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services. ¬†


Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of 0 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.  


If you are a business user:


We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:


‚óŹ use of, or inability to use, our Site/Services; or ¬†
‚óŹ use of or reliance on any content displayed on our Site. ¬†


In particular, we will not be liable for:


‚óŹ loss of profits, sales, business, or revenue; ¬†
‚óŹ business interruption; ¬†
‚óŹ loss of anticipated savings; ¬†
‚óŹ loss of business opportunity, goodwill or reputation; or ¬†
‚óŹ any indirect or consequential loss or damage. ¬† ¬†


If you are a consumer user:


‚óŹ Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


‚óŹ If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. ¬†


‚óŹ You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. ¬† ¬†


10. Term and Termination    


10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at hello@pilotbase.com.  


10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  


If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  


10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.  
 
11. General      


11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  


You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  


11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.  


11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  


11.4 We may assign any or all of our rights and obligations to others at any time.  


11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.  


11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  


11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.


11.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr  


11.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.  


11.10 The following are trade marks of Numeric Ltd.. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.    
¬† ¬† ‚óŹ Pilotbase, trade marked in UK ¬†
¬† ¬† ‚óŹ Pilotbase Logo, trade marked in UK ¬† ¬†


11.11 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.


11.12 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at hello@pilotbase.com or by post to:



Numeric Ltd.  
Suite 167  
Shepherds Market  
London, W1J 7JY  
United Kingdom  
 
These terms of use were created using Termly’s Terms and Conditions Generator.
Work seeker terms and conditions


Work Seeker
Last Updated 26 Oct 2020  




These are the terms and conditions which apply between Numeric Ltd (dba ‚ÄúPilotbase‚ÄĚ) and work seekers ("you") making use of its services. These terms and conditions are supplemented by our Privacy Policy.
1.     Pilotbase will provide you with work finding services as defined in the EAA.
2.     Pilotbase cannot guarantee to find you work. We will register you in our database if you have sent us your CV and completed our registration form on pilotbase.com and you will be included in searches that we conduct for vacancies we are handling. If you appear suitable for a particular vacancy, our consultants will try to contact you by phone, email or in writing to confirm your suitability and to invite you to apply.
3.     We may also contact you when carrying out research such as salary surveys and to ensure your registered information is up to date.
4.     When applying for a vacancy, either via the Pilotbase website or in response to communication with a Pilotbase employee, you agree to inform Pilotbase whether or not you have already applied for that vacancy or to the employer concerned in the past and whether or not you have an ongoing recruitment dialogue with that employer about any role(s).  
5.     Should Pilotbase write to you following your verbal confirmation that Pilotbase may submit your CV or other details to an employer client, either speculatively or for a specific vacancy, asking for confirmation of those instructions, you agree to use your best endeavours to confirm those instructions but also agree that unless you reply to cancel those instructions before your candidature has been submitted to the employer client, we may proceed on your verbal instructions.
6.     You agree that having given Pilotbase instructions to submit your candidature to an employer client, you will not make a further application for the same vacancy, either directly or via any other intermediary, or, if a speculative submission, that you will not apply to that client at all within 12 months without first informing Pilotbase in writing of your intention to do so.  Similarly, and in order to avoid unethical behaviour on the part of any clients, should an employer client contact you directly after your candidature has been submitted to that client, you agree to inform both the employer client and Pilotbase accordingly and to maintain your candidature via Pilotbase.
7.     You agree and acknowledge Pilotbase may utilise the services of a third party company to check from time to time whether or not candidates whose candidature has been submitted to clients are now working for those clients without Pilotbase’s knowledge.  Pilotbase agrees to provide such third parties only with the minimum necessary information to facilitate those checks.
8.     If Pilotbase find you work, you agree that you will carefully check your employment contract and any offer letter received from your new employer and that the terms and conditions contained in those documents will constitute your terms of employment. You agree that these documents take precedence over any offer communicated to you by Pilotbase and that it is your responsibility to raise any discrepancies before accepting your contract / offer letter.
9.     Your CV - When you complete your pilotbase.com registration form and send us your CV they will be stored and made available offline to Pilotbase’s consultants only. Your CV will not be forwarded to any third party including our employer clients unless you specifically authorise us (either verbally or in writing) we can do so. By applying for an individual vacancy you are authorising us to forward your CV and details to the hiring company for that vacancy and you agree not to submit any applications for the same vacancy either directly or via any other agency or intermediary. Please give us clear instructions when applying for individual vacancies if you wish to discuss them further with us before we submit your CV.
10.  Pilotbase may use data held to identify and publish employment trends such as salary averages and industry demographics (including to customers outside the European Economic Area.) This data will not be capable of being linked to any individual(s).
11.  Use of your work email address - If you register using a non-private or corporate email address, please ensure that it is secure (i.e. you know who is able to view your inbox). We cannot accept responsibility if your emails are read by others with access to your inbox. If your email address is not secure, we would recommend that you obtain a free email address from Gmail or Outlook (live.com) and then remember to mark …@pilotbase.com as safe email addresses.
12.  Please note that Pilotbase reserves the right not to register you on our database and to remove from our database CVs and information which include any content that we consider to be illegal or offensive or factually incorrect. We will also remove your details/CV if a complaint is upheld which has been made against them, or if you use rude or inappropriate behaviour towards any member of our staff.
13.  The work finding services Pilotbase provide are:a.    finding / seeking to find you work as explained aboveb.    the provision of vacancy & other information on pilotbase.com and any other site Pilotbase may usec.    the provision of vacancy & other information via our jobs by email service.
14.  Pilotbase operate as an employment agency in respect of finding you permanent or temporary employment or seeking to find you such employment within the markets in which Pilotbase operate.
15.  Pilotbase operate as an employment business in respect of any assignment or contract Pilotbase may find for you in relation to which you are or will be employed by Pilotbase and under the control of the hiring company. Unless you are an individual contractor or a limited company and the necessary legal requirements for the assignment to be regarded as a contract for services appear to be satisfied, Pilotbase will employ you in relation to the assignment under a contract of services.
16.  Pilotbase are required by law to obtain confirmation of your identity, that you are legally entitled and willing to work in the location and position which the hiring company is seeking to fill and that you have the experience, training, qualifications and any authorisations which the hiring company considers necessary or are required by law or by any professional body. You agree to provide the necessary information and documentation to Pilotbase if requested.
17.  When operating as an employment business, Pilotbase will not withhold payment to you if Pilotbase have not been paid by the hiring company. Pilotbase may only delay payment for a reasonable time to make inquiries if you have not produced a signed time sheet while Pilotbase obtain alternative proof that you have worked the hours claimed.
18.  Unless otherwise required by the hiring company, during the period of your employment with us, each party shall be required to give notice to terminate the contract as prescribed in the Employment Rights Act 1996 (or any replacement of that Act), the interval at which remuneration will be paid to you is monthly and you will be entitled to the minimum statutory days paid annual holiday or pro rata for your contracted hours and the duration of the assignment.
19.  When operating as an employment business Pilotbase will seek to obtain and to pay you a competitive rate of pay for any assignment Pilotbase find for you but in any event this will be not less than the legally required minimum.
Client Terms and Conditions


Client
Last Updated 26 Oct 2020  



Numeric Ltd dba Pilotbasea company incorporated in England and Wales under company number 11543215and whose registered office is at Suite 167, 8 Shepherd Market, London, England, W1J 7JY
Terms valid as at October 2020
Standard Terms of Business - Numeric Ltd dba Pilotbase (Employment Agency)Pilot Sourcing, Applicant Management and Applicant Auditing

1.             Definitions
1.1 ¬† ¬† ¬† ¬† ¬†In these Terms -‚ÄúClient‚ÄĚ means the person, firm or corporate body to whom Employment Agency Introduces a Candidate;‚ÄúCandidate‚ÄĚ means the person Introduced by Employment Agency to Client including, but not limited to, any officer or employee of the Candidate if the Candidate is a limited company, any member or employee of the Candidate if the Candidate is a limited liability partnership, and members of Employment Agency‚Äôs own staff;‚ÄúConduct Regulations‚ÄĚ means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended);‚ÄúData Controller‚ÄĚ means (i) "data controller" in the Data Protection Act 1998 in respect of processing undertaken on or before 24 May 2018; and (b) "controller" in accordance with the General Data Protection Regulation (EU) 2016/679 in respect of processing undertaken on or after 25 May 2018;‚ÄúData Protection Legislation‚ÄĚ means all applicable laws and regulations, as amended or updated from time to time, in the United Kingdom relating to data protection, the processing of personal data and privacy, including without limitation,(a) the Data Protection Act 1998; (b) (with effect from 25 May 2018) the General Data Protection Regulation (EU) 2016/679; (c) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications); and (d) any legislation that replaces or converts into United Kingdom law the General Data Protection Regulation (EU) 2016/679, the proposed Regulation on Privacy and Electronic Communications or any other law relating to data protection, the processing of personal data and privacy resulting from the United Kingdom leaving the European Union;‚ÄúEngagement‚ÄĚ means the engagement, employment or use of the Candidate by Client or by any Third Party to whom or to which the Candidate was Introduced by Client (whether with or without Employment Agency‚Äôs knowledge or consent) on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or through any other engagement directly or through a limited company of which the Candidate is an officer or employee or through a limited liability partnership of which the Candidate is a member or employee; or indirectly through another company and ‚ÄúEngages‚ÄĚ and ‚ÄúEngaged‚ÄĚ will be construed accordingly;‚ÄúIntroduction‚ÄĚ means -the passing of a curriculum vit√¶ or information about the Candidate; orthe interview of a Candidate in person or by telephone or by any other remote communication means such as video calland the time of the Introduction will be taken to be the earlier of (a) and (b) above; and ‚ÄúIntroduced‚ÄĚ and ‚ÄúIntroduces‚ÄĚ will be construed accordingly;‚ÄúPersonal Data‚ÄĚ means as set out in, and will be interpreted in accordance with Data Protection Legislation;‚ÄúPersonal Data Breach‚ÄĚ means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed in connection with these Terms or which relates to any Candidate;‚ÄúProcess‚ÄĚ means as set out in, and will be interpreted in accordance with Data Protection Legislation and ‚ÄúProcessed‚ÄĚ and ‚ÄúProcessing‚ÄĚ will be construed accordingly;‚ÄúRemuneration‚ÄĚ includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, shift allowances, flying pay, duty pay, location weighting and call-out allowances, the benefit of a company car and all other payments or emoluments payable to or receivable by the Candidate for work (or for services where applicable) to be rendered to or on behalf of Client. ¬†Where Client provides a company car, a notional amount of ¬£5,000 will be added to the salary in order to calculate Employment Agency‚Äôs fee. Where Client provides accommodation, a notional amount of ¬£15,000 will be added to the salary in order to calculate Employment Agency‚Äôs fee;‚ÄúTerms‚ÄĚ means these terms of business as further defined within clause 2;‚ÄúThird Party‚ÄĚ means any company or person who is not Client. ¬†For the avoidance of doubt, subsidiary and associated companies of Client (as defined by s.1159 of the Companies Act 2006 and s.416 of the Income and Corporation Taxes Act 1988 respectively) are included (without limitation) within this definition; and‚ÄúVacancy‚ÄĚ means a specific role/s, work or position that Client requests Employment Agency to submit person for consideration for such role/s work or position.
2.             These Terms
2.1          These Terms constitute the entire agreement between Employment Agency and Client in relation to the subject matter hereof and are deemed to be accepted by Client and to apply by virtue of (a) an Introduction to Client of a Candidate; or (b) the Engagement by Client of a Candidate; or (c) the passing of information about the Candidate by Client to any Third Party; or (d) Client’s interview or request to interview a Candidate; or (e) Client’s signature at the end of these Terms; or (f) any other written expressed acceptance of these Terms. For the avoidance of doubt, these Terms apply whether or not the Candidate is Engaged by Client for the same type of work and/or Vacancy as that for which the Introduction was originally effected.
2.2           These Terms supersede all previous agreements between the parties in relation to the subject matter hereof.
2.3           These Terms prevail over any other terms of business or purchase conditions put forward by Client save where expressly agreed otherwise by Employment Agency.
2.4           Client authorises Employment Agency to act on its behalf in seeking a person to meet Client’s requirements and, if Client so requests, shall advertise for such a person through such methods as are agreed with Client and at Client’s expense.
2.5           For the purposes of these Terms, Employment Agency acts as an employment agency as defined within the Conduct Regulations.
3.             Obligations of Employment Agency
3.1           Employment Agency shall use reasonable endeavours to introduce at least one suitable person to meet the requirements of Client for each Vacancy.  Employment Agency cannot guarantee to find a suitable person for each Vacancy.  Without prejudice to clause 3.2 below, Employment Agency shall use reasonable endeavours to ascertain that the information provided by Employment Agency to Client in respect of the Candidate is accurate.
3.2           Employment Agency accepts no responsibility in respect of matters outside its knowledge and Client must satisfy itself as to the suitability of the Candidate.
4.             Client Obligations
4.1           Client shall satisfy itself as to the suitability of the Candidate.  Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, for criminal records and/or background checks and for satisfying other requirements, qualifications or permission required by the law and regulations of the country in which the Candidate is engaged to work.
4.2           To enable Employment Agency to comply with its obligations under clause 3 Client undertakes to provide to Employment Agency details of the position which Client seeks to fill, including the type of work that the Candidate would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position; and any risks to health or safety known to Client and what steps Client has taken to prevent or control such risks.
4.4           Client agrees that it shall inform Employment Agency of any information it has that suggests it would be detrimental to the interests of either Client or the Candidate for the Candidate to work in the position which Client seeks to fill.
4.5           Client agrees to provide written notice to Employment Agency within 3 working days where it receives details of a Candidate from Employment Agency which it has already received from (a) another company; or (b) a person; or (c) the Candidate; or (d) any other source including (without limitation) from social media, job boards or advertisements placed by Client.  Client further agrees that if no such notice is given by Client to Employment Agency then in the event of an Engagement of the Candidate by Client, howsoever arising, Client agrees to pay Employment Agency a fee in accordance with clause 5.2.
4.6           Where Client does so notify Employment Agency in accordance with clause 4.5 above and whereupon Client provides evidence to Employment Agency that such receipt of details by Client is in direct relation to the Vacancy, Client will not be liable to pay Employment Agency a fee for that Candidate in respect of the Vacancy.  Client acknowledges and agrees that where Client is unable to evidence such or freely admits their possession of the Candidate’s details was not in relation to the Vacancy, Client agrees to pay Employment Agency’s fee in accordance with clause 5.2.
4.7           Client agrees to -a)             notify Employment Agency as soon as possible (and in any event, no later than 7 days from the date of offer or from the date the Engagement takes effect; whichever is earlier) of any offer of an Engagement which it makes to the Candidate; andb)             notify Employment Agency immediately when its offer of an Engagement to the Candidate has been accepted and to provide details of the Candidate’s Remuneration to Employment Agency; andc)             pay Employment Agency’s fee within the period set out under clause 6.2.
4.8           Client shall not, and shall not seek to cause Employment Agency to, unlawfully discriminate in relation to the services provided by Employment Agency to Client in connection with these Terms and shall disclose any and all information requested by Employment Agency in the event a Candidate makes a complaint to Employment Agency.
4.9           Client warrants that it shall not, and shall procure that its employees and agents shall not, pass any information concerning a Candidate to any Third Party.  Client acknowledges that Introductions of Candidates are confidential and that failure to comply with this clause 4.9 may cause Employment Agency to breach the Conduct Regulations and/or the Data Protection Legislation and accordingly, Client agrees to indemnify Employment Agency from any and all liability in connection with Client’s breach of this clause 4.9.
5.             Charges/Fees
5.1           Where Client discloses to a Third Party any details regarding a Candidate and that Third Party subsequently Engages the Candidate within 12 months from the date of the Introduction, Client agrees to pay Employment Agency’s fee as set out in clause 5.3.  There is no entitlement to any rebate or refund to Client or to the Third Party in relation to fees paid in accordance with this clause 5.1.
5.2           Client agrees to pay Employment Agency a fee calculated in accordance with clause 5.3 where it Engages, whether directly or indirectly, any Candidate within 12 months from the date of Employment Agency’s Introduction.
5.3          The fee will be calculated as a fixed fee or percentage of the Candidate’s Remuneration applicable during the first 12 months of the Engagement. The fee is dependent on the services requested by Client, set out in the table below. Employment Agency will charge VAT on the fee where applicable.Services Fee Pilot Sourcing Only £499 per pilotPilot Sourcing and Applicant Management 4.0%Pilot Sourcing, Applicant Management and Applicant Auditing 4.9% Note: Fees include a special discount (fees above are the discounted fees, after 50% discount to the standard fees).
5.4 ¬† ¬† ¬† ¬† ¬† Where the amount of the actual Remuneration is not known or disclosed, Employment Agency will charge a fee calculated in accordance with clause 5.3 on the maximum level of remuneration applicable ‚Äďa) ¬† ¬† ¬† ¬† ¬† ¬† for the Vacancy; orb) ¬† ¬† ¬† ¬† ¬† ¬† for the type of position the Candidate had been originally submitted by Employment Agency to Client for; orc) ¬† ¬† ¬† ¬† ¬† ¬† for a comparable position in the general marketplace.
5.5           Where the Engagement is for a fixed term of less than 12 months, the fee in clause 5.3 will apply pro-rata. Where the Engagement is extended beyond the initial fixed term or where Client re-Engages the Candidate within 6 months from the date of planned or actual termination (as applicable) of the first Engagement, Client shall pay a further fee based on the Remuneration applicable for the period of Engagement following the initial fixed term period up to the termination of the second Engagement calculated in accordance with clause 5.3.
5.6           Where Client withdraws an offer of an Engagement made to the Candidate, Client agrees to pay Employment Agency a minimum fee of 3% of the Remuneration for the services provided by Employment Agency prior to Client’s withdrawal. Client further agrees to indemnify and hold harmless Employment Agency from any all liability in connection with Client’s withdrawal of such an offer.
5.7           Charges incurred by Employment Agency at Client’s written request in respect of advertising or any other matters will be charged to Client in addition to the fee and such charges will be payable whether or not the Candidate is Engaged.
5.8           Client acknowledges that it has no right to set-off, withhold or deduct monies from sums due to Employment Agency under or in connection with these Terms.
6.              Invoices
6.1           Except in the circumstances set out in clause 5.1, 5.6 and 5.7 no fee is incurred by Client until the Candidate commences the Engagement; whereupon Employment Agency will render an invoice to Client for its fees.
6.2           Employment Agency shall raise invoices in respect of the charges payable and Client agrees to pay the amount due within 30 days of the date of the invoice.
6.3           All invoices will be deemed to be accepted in full by Client in accordance with the payment terms stated within clause 6.2 unless Client notifies Employment Agency, in writing within 5 days of receiving the invoice, stating the amount Client disputes and the reason Client disputes that amount. In the event Client does so notify Employment Agency that it wishes to dispute part of an invoice, Client agrees to pay the undisputed part of the invoice within the agreed payment terms and shall co-operate fully with Employment Agency in order to resolve the dispute as quickly as possible.
7.             Rebates
7.1 ¬† ¬† ¬† ¬† ¬†Where Client qualifies for a rebate in accordance with clause 7.2, and the employment of the Candidate is terminated by Client or by the Candidate within the time periods specified below, Client will be entitled to a rebate of the introduction fee as follows ‚ÄďDuration of Employment Percentage payable of fee to be rebatedLess than 1 week 100%1 week to less than 2 weeks 90%2 week to less than 3 weeks 80%3 week to less than 4 weeks 70%4 week to less than 5 weeks 60%5 week to less than 6 weeks 50%6 week to less than 7 weeks 40%7 week to less than 8 weeks 30%8 week to less than 9 weeks 20%9 week to less than 10 weeks 10%10 weeks or more nil
7.2          The following conditions must be met in order for Client to qualify for a rebate -a)             Client must notify Employment Agency that the Candidate’s employment has ended within 7 days of the employment ending or within 7 days of notice being given to end the employment (whichever is earlier) together with a reason for the premature end of the employment;b)             Employment Agency’s invoice for the fee must have been paid within the payment terms in accordance with clause 6.2;c)             the Candidate’s employment is not terminated by reason of redundancy or re-organisation or change in strategy of Client;d)             the Candidate’s employment is not terminated by reason of poor performance prior to the completion of any induction or training period;e)             if the Candidate’s employment is terminated by reason of misconduct, rebate is only due where such misconduct was reasonably foreseeable by Employment Agency;f)              the Candidate did not leave the employment because he/she reasonably believed that the nature of the actual work was substantially different from the information Client provided prior to the Candidate’s acceptance of the employment;g)             the Candidate did not leave the employment as a result of discrimination or other acts against the Candidate; andh)             the Candidate was not at any time in the 12 months prior to the start of the employment employed or hired (whether on a permanent or contract basis, directly or indirectly) by Client.
7.3           Where Client re-engages the Candidate on an employment, worker or indirect (via a Third Party) basis, Client agrees that any rebate paid to Client under clause 7.1 in respect of that Candidate, will be immediately repaid to Employment Agency by Client.
8.             Liability and Indemnity
8.1           Employment Agency shall use reasonable endeavours to ensure Candidate has the required standard of skill, experience and necessary qualifications as stated in the Vacancy; nevertheless, Employment Agency is not liable for any loss, expense, damage or delay arising from and in connection with any failure on the part of Employment Agency or of Candidate to evidence such to Client nor for any negligence whether wilful or otherwise, dishonesty, fraud, acts or omissions, misconduct or lack of skill, experience or qualifications of Candidate.
8.2           Employment Agency is not liable for any indirect or consequential losses or damage including but not limited to; loss of profits, revenue, goodwill, anticipated savings or for claims by third parties arising out of Employment Agency's performance or failure to perform any of its obligations in these Terms.
8.3           Notwithstanding clause 8.2 above, nothing in these Terms will be deemed to exclude or restrict any liability of Employment Agency to Client for personal injury, death or fraud directly caused by Employment Agency.
8.4           Employment Agency shall not be liable for failure to perform its obligations under these Terms if such failure results by reason of any cause beyond its reasonable control.
8.5           Client will indemnify and keep indemnified Employment Agency against any costs (including legal costs), claims or liabilities incurred directly or indirectly by Employment Agency arising out of or in connection with these Terms including (without limitation) as a result of -a)             any breach of these Terms by Client or by its employees or agents; b)             any breach by Client or by Third Party, or any of its employees or agents, of any applicable statutory provisions (including, without limitation, any statutory provisions prohibiting or restricting discrimination or other inequality of opportunity, immigration legislation, the Conduct Regulations and Data Protection Legislation); orc)             any unauthorised disclosure of a Candidate details by Client or by Third Party, or any of its employees or agents.
8.6           Save as required by law, the sole aggregate liability of Employment Agency arising out of or in connection with these Terms is limited to £10,000.00.
9.             Termination
9.1           These Terms may be terminated by either party by giving to the other immediate notice in the event that either Employment Agency or Client goes into liquidation, becomes bankrupt or enters into an arrangement with creditors or has a receiver or administrator appointed or where Employment Agency has reasonable grounds to believe Client will not pay Employment Agency’s invoice within the payment terms agreed within clause 6.2.
9.2           These Terms may be terminated by either party for convenience by serving 3 months notice in writing.
9.3           Without prejudice to any rights accrued prior to termination, the obligations within clauses 1, 4.9, 5, 6, 7.3, 8, 11, 12, 13, 14, 15 and 16 will remain in force beyond the cessation or other termination (howsoever arising) of these Terms.
10.           Equal Opportunities
10.1         Employment Agency is committed to equal opportunities and expects Client to comply with all anti-discrimination legislation as regards the selection and treatment of Candidates.
11.           Confidentiality
11.1         All information contained within these Terms will remain confidential and Client shall not divulge it to any Third Party save for its own employees and professional advisers and as may be required by law.
11.2         Client shall not without the prior written consent of Employment Agency provide any information in respect of a Candidate to any Third Party whether for employment purposes or otherwise.
12.           Data Protection
12.1         For the purposes of this clause 12 "Data Subject" means as set out in, and will be interpreted in accordance with Data Protection Legislation.  For the avoidance of doubt, Data Subject includes Candidate.
12.2         The parties hereto acknowledge that Employment Agency is a Data Controller in respect of the Personal Data of Candidate and provides such Personal Data to Client in accordance with the Data Protection Legislation for the purposes anticipated by these Terms.
12.3        The parties hereto acknowledge that Client is a Data Controller but the parties hereto are not Joint Controllers (as defined within Data Protection Legislation) save where a specific agreement is made to that effect between the parties hereto.
12.4        The parties hereto warrant to each other that any Personal Data relating to a Data Subject, whether provided by Client, Employment Agency or by Candidate, will be used, Processed and recorded by the receiving party in accordance with Data Protection Legislation.
12.5        The parties hereto will take appropriate technical and organisational measures to adequately protect all Personal Data against accidental loss, destruction or damage, alteration or disclosure.
12.6        Client will -a)             comply with the instruction of the Employment Agency as regards the transfer/sharing of data between the parties hereto. If Client requires Personal Data not already in its control to be provided by Employment Agency, Client will set out their legal basis for the request of such data and accept that Employment Agency may refuse to share/transfer such Personal Data where, in the reasonable opinion of Employment Agency, it does not comply with its obligations in accordance with Data Protection Legislation; b)             not cause Employment Agency to breach any of their obligations under the Data Protection Legislation.
12.7        In the event Client becomes aware of an actual or any reasonably suspected Personal Data Breach, it will immediately notify Employment Agency and will provide Employment Agency with a description of the Personal Data Breach, the categories of data that was the subject of the Personal Data Breach and the identity of each Data Subject affected and any other information the Employment Agency reasonably requests relating to the Personal Data Breach.
12.8        In the event of a Personal Data Breach, Client will promptly (at its own expense) provide such information, assistance and cooperation and do such things as Employment Agency may request to -a)             investigate and defend any claim or regulatory investigation;b)             mitigate, remedy and/or rectify such breach; andc)             prevent future breaches.and will provide Employment Agency with details in writing of all such steps taken.
12.9        Client will not release or publish any filing, communication, notice, press release or report concerning any Personal Data Breach without the prior written approval of Employment Agency.
12.10      Client agrees it will only Process Personal Data of Candidate for the agreed purpose that is introduction for a Vacancy pursuant to these Terms.
12.11      Client will provide evidence of compliance with clause 12 upon request from Employment Agency.
12.12      Client will indemnify and keep indemnified Employment Agency against any costs, claims or liabilities incurred directly or indirectly by Employment Agency arising out of or in connection with any failure to comply with clause 12.
13.           General
13.1        Any failure by the Employment Agency to enforce at any particular time any one or more of these Terms will not be deemed a waiver of such rights or of the right to enforce these Terms subsequently.
13.2        Headings contained in these Terms are for reference purposes only and will not affect the intended meanings of the clauses to which they relate.
13.3        No provision of these Terms will be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999.
13.4        If any provision, clause or part-clause of these Terms is held to be invalid, void, illegal or otherwise unenforceable by any judicial body, the remaining provisions of these Terms will remain in full force and effect to the extent permitted by law.
13.5        Any reference to legislation, statute, act or regulation will include any revisions, re-enactments or amendments that may be made from time to time.
14.           Notices
14.1        Any notice required to be given under these Terms (including the delivery of any information or invoice) will be delivered by hand, sent by facsimile, e-mail or prepaid first class post to the recipient at its fax number or address specified in these Terms (or as otherwise notified from time to time to the sender by the recipient for the purposes of these Terms).
14.2        Notices will be deemed to have been given and served -a)             if delivered by hand, at the time of delivery if delivered before 5.00 p.m. on a business day or in any other case at 10.00 a.m. on the next business day after the day of delivery; or b)             if sent by facsimile or e-mail, at the time of despatch if despatched on a business day before 5.00 p.m. or in any other case at 10.00 a.m. on the next business day after the day of despatch, unless the transmission report indicates a faulty or incomplete transmission or, within the relevant business day, the recipient informs the sender that the facsimile or e-mail message was received in an incomplete or illegible form; orc)             if sent by prepaid first class post, 48 hours from the time of posting.
15.           Variation
15.1        No variation or alteration of these Terms will be valid unless approved in writing by Client and Employment Agency.
16.           Applicable Law
16.1        These Terms will be construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.