Common use of Cast Clause in Contracts

Cast. 6.1. The Agency offers the provision of selectable extra services under Cast + ancillary to acting as an employment agency in relation to any proposed Engagement, including (Selectable Services): 6.1.1. Online solo video interviewing; 6.1.2. Online face to face video option (limited to certain selected Cast + options); 6.1.3. Psychometric and personality testing; 6.1.4. Client branded marketing pack including static and video branded advertising; and 6.1.5. To have internal candidates included in the services process. 6.2. Where selected and verified in the Vacancy Registration the Agency shall provide the Selectable Services using reasonable care and skill. The parties all acknowledge and agree that the Selectable Services are all still subject to clause 8. 6.3. Payment for the Selectable Services will depend on the level of Cast + ordered and shall be detailed in the Vacancy Registration email. Unless otherwise stated in the Vacancy Registration email the applicable fee for the Selectable Service shall be payable in full immediately following receipt of the Vacancy Registration email. 6.4. In order to allow the Agency to perform the Selectable Services, where applicable, the Client shall: 6.4.1. ensure that the terms of the Vacancy Registration are complete and accurate; 6.4.2. co-operate with the Agency in all matters relating to the Selectable Services; 6.4.3. where relevant, provide the Agency, its employees, trainers, agents, consultants and subcontractors, with access to the Client’s premises, office accommodation and other facilities as reasonably required by the Agency to provide the Selectable Services; 6.4.4. provide the Agency with such information and materials as the Agency may reasonably require in order to supply the Selectable Services, and ensure that such information is complete and accurate in all material respects; 6.4.5. where relevant, prepare the Client’s premises for the supply of the Selectable Services; 6.4.6. comply with all applicable laws, including health and safety laws; 6.4.7. keep all materials, equipment, documents and other property that belongs to the Agency (Our Materials) at the Client’s premises in safe custody at its own risk, until returned to the Agency, and not dispose of or use Our Materials other than in accordance with the Agency’s written instructions or authorisation. 6.5. If the Agency’s performance of any of its obligations under this Agreement is prevented or delayed by any act or omission by the Client and/or Candidate (including any internal employee candidate of the Client) to perform any relevant obligation needed as part of the Selectable Services and/or the Client has not paid any raised invoices by their relevant due date (Customer Default): 6.5.1. without limiting or affecting any other right or remedy available to it, the Agency shall have the right to suspend performance of the Selectable Services until the Client remedies the Customer Default, and to rely on the Customer Default to relieve the Agency from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Agency’s performance of any of its obligations; 6.5.2. the Agency shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Agency’s failure or delay to perform any of its obligations as set out in this clause 6; 6.5.3. the Client shall reimburse the Agency on written demand for any costs or losses sustained or incurred by the Agency arising directly or indirectly from the Customer Default; and 6.5.4. all sums payable to the Agency shall become immediately due and owing. This includes sums due under invoices already raised, or in circumstances where the Agency is entitled to raise an invoice it shall be entitled to do so and such invoice shall also be deemed immediately due and owing. 6.6. Registrations and/or access to the Selectable Services must be made for, and kept by, the Client and/or any selected Candidate (including any internal employee candidate of the Client). It is the duty of the Client and the applicable Candidate to ensure that their login details and/or how they access the Selectable Services are kept confidential and are not shared with any other person. Any breach of this is considered a material breach and may result in access to the Selectable Services being suspended by the Agency and the Agency invoicing the Client in full for the Selectable Services used by the Client and/or Candidate (including any internal employee candidate of the Client) or unapproved party in breach of this Agreement. 6.7. The Agency may provide access to remote based parts of the Selectable Services through a number of different platforms and/or providers from time to time and deliver the Selectable Services in a number of ways. While the Agency will use all reasonable endeavours to ensure the reliability of these services, the Agency is not in any way liable for the Client and/or any selected Candidates (including any internal employee candidate of the Client) inability to connect to these services and, where the Client and/or any selected Candidate (including any internal employee candidate of the Client) are unable to access, for whatever reason, the Agency confirms that there will not be any refund in such circumstances. The Agency recommends that if there is any doubt, the Client and/or any selected Candidate (including any internal employee candidate of the Client) check the technical specifications and their respective ability to engage, considering hardware, software, connectivity and any other factor before placing any booking. Due to its inherent nature the Client acknowledges that the Agency is not liable or responsible for any delay, disruption or disturbance in the operation of the internet and/or any remote based platform.