Terms and Conditions
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://sourcingva.com/ website (the “Service”) operated by SourcingVA (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of SourcingVA and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by SourcingVA.
SourcingVA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SourcingVA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Employment agency terms of business
A. Permanent staff
The permanent introduction fee is calculated by applying the relevant percentage to the Candidate’s Salary (as defined below). The relevant percentage is the rate which corresponds with the Service selected by the Client (as set out below).
Service Permanent Introduction Fee
Premium 27%
Standard 15%
Lite Service 10%
1 Month Free Offer 15%
The Salary means the total first year gross remuneration together with all commission, bonuses and benefits (including car allowance) before applying any exemptions or deductions for income tax purposes. Where a car or car allowance is provided, the amount of the benefit shall be £5,000 or the actual car allowance, whichever is greater. For the purpose of calculating the permanent introduction fee, (1) the Salary will be as advised by the Client at the time of booking or the actual Salary to be paid to the Candidate, whichever is greater; and (2) the Salary (whether advised or actual) shall not be reduced by (i) the earlier termination of the Candidate’s employment or (ii) any reduction in the Candidate’s remuneration, howsoever arising. For part time roles, the rate shall be applied to the equivalent full time Salary.
B. Fixed term contracts
If the Client employs a Candidate on a fixed term contract of up to 6 months, the fee shall be 50% of the permanent introduction fee. If the Client employs a Candidate on a fixed term contract of between 6 and 12 months, the fee shall be calculated on a pro rata basis as follows: number of months x permanent introduction fee/12.
For the purpose of calculating the permanent introduction fee, the Salary for the equivalent role over a 12 month period shall be used and the appropriate rate as set out in the table in A above shall be applied to such Salary.
If the contract duration is extended, or the Client engages the Candidate in any capacity within 12 months of introduction, the Client shall be liable for the balance of the permanent introduction fee.
C. Retained assignments
The Client may engage SourcingVA on a retained assignment to carry out a direct campaign to source Candidates for a specific role. Terms are set out in a separate addendum.
D. Guarantee of satisfaction
In the event of a Candidate leaving the Client’s employment within a specified period after commencement for any reason other than redundancy or material change to the Position, SourcingVA offers a Guarantee of Satisfaction as set out below and subject to clause 20 of these Terms:
Premium
SourcingVA offers a 6 month guarantee. If the Candidate leaves within the first 6 weeks of employment, SourcingVA shall offer a rebate of 100% of the permanent introduction fee. If the Candidate leaves after the first 6 weeks but within the first 26 weeks of employment, the rebate shall be 50% of the permanent introduction fee.
• 26-week Guarantee to replace staff with 2 candidates.
• If candidate walks out within the first 6 weeks, 100% refund.
• If candidate leaves between 6 to 26 weeks, 50% refund or replacement.
• Maximum of 2 replacements.
Standard
SourcingVA offers a 12 week guarantee. If the Candidate leaves within the first 4 weeks of employment, SourcingVA shall offer a rebate of 100% of the permanent introduction fee. If the Candidate leaves after the first 4 weeks but within the first 12 weeks of employment, the rebate shall be 50% of the permanent introduction fee.
• 12-week Guarantee to replace staff with 2 candidates.
• If candidate walks out within the first 4 weeks, 100% refund.
• If candidate leaves between 4 to 12 weeks, 50% refund or replacement.
• Maximum of 2 replacements.
Lite Service: introduction fee rate of 10%; and no guarantee of satisfaction.
1 Month Free Staffing
Allows client to test out our services for one month without any payment to the candidate. During this trial period, SourcingVA will pay the candidate pay directly, allowing client to see how they perform without any financial commitment from the client. If the candidate leaves within the first 12 Weeks SourcingVA will provide a replacement. We offer two replacements in total. There are no rebates offered. After the first month, the client will pay the candidate directly.
• Staffing services for 1 month for free.
• No payment to the candidate during the trial period.
• SourcingVA pays the candidate directly.
• 12 week guarantee to replace staff with 2 candidates
• Maximum of 2 replacements
• No rebates
1. Definitions and interpretation:
“Candidate” and “Talent” means a person or limited company introduced by SourcingVA to the Client for the purpose of a Position. If a Candidate is a limited company, any reference to being employed by a Client shall be replaced by being engaged by a Client.
“Client” means the hirer who has requested SourcingVA to introduce a Candidate or to whom SourcingVA has introduced a Candidate.
“engaging a Candidate in any capacity” means employing, engaging or making use of a Candidate in any role on any basis, including without limitation, on a permanent, fixed term, temporary or self-employed basis.
“introduction” means the provision by SourcingVA to the Client of any details, whether written or oral, of a Candidate or the Client’s interview of a Candidate, and “introduce” shall be construed accordingly.
“Position” means a permanent, fixed term role or freelancing role within the Client’s organisation, as appropriate.
“SourcingVA” means SourcingVA trading under Irresistible Lifestyle Coaching LTD
“Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005.
“Terms” means these Employment Agency Terms of Business and any agreed variations.
2. These Terms take effect from 4th May 2023 and supersede any previous terms of business issued by SourcingVA. The Terms contain the entire agreement between the parties, and any terms put forward by the Client are excluded.
3. When introducing a Candidate for permanent or fixed term employment, SourcingVA is acting as an employment agency as defined in the Regulations.
4. If, following receipt of these Terms, the Client deals with SourcingVA in respect of the introduction of Candidates for any Position, or engages a Candidate in any capacity, the Client is deemed to have accepted these Terms. Where the service option is unclear or none has been selected, the Standard Service Option shall apply.
5. No variation of these Terms is valid or shall be binding on SourcingVA unless confirmed in writing by SourcingVA to the Client.
6. By engaging a Candidate in any capacity, the Client will be liable for the permanent introduction fee, except where employing a Candidate on a fixed term contract in which case the Client shall be liable for the fixed term contract fee.
7. All invoices are payable within 14 days of receipt. Receipt of invoice shall be deemed to be two days after the date shown on the invoice. VAT is payable at the prevailing rate.
8. SourcingVA reserves the right to charge interest and compensation on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
9. In respect of a Position, the Client shall provide SourcingVA with the following information:
(1) its full corporate name, address and registered number or, where not applicable, its full business and trading name and address, and the nature of its business;
(2) the nature of the Position, including the type of work involved, the location, the hours of work, the commencement date, and the likely duration;
(3) any risks to health and safety known to the Client and the steps taken by the Client to prevent or control such risks;
(4) the experience, training, qualifications and any authorisations which are required by the Client including any which the Client is aware are required by law or by any professional body in respect of such Position;
(5) any expenses payable by or to the Candidate;
(6) the minimum remuneration, the intervals of payment, and any other benefits in relation to the Position;
(7) the lengths of notice which the Candidate would be entitled to receive or be required to give for termination of employment;
(8) if it intends to engage the Candidate otherwise than as an employee on a contract of services; and
(9) if the Position involves working with vulnerable persons, including without limitation, persons under the age of 18, or persons in need of care or attention by reason of old age, infirmity or any other circumstances.
10. The Client is responsible for satisfying itself that a Candidate is suitable for the Position. It is also the Client’s responsibility to obtain a work permit for the Candidate wherever necessary.
11. SourcingVA accepts no liability whatsoever for any loss, damage, costs or expenses howsoever caused which the Client may suffer or incur arising out of or in connection with the introduction to or the engagement by the Client of a Candidate unless such loss, damage, costs or expenses are a direct result of the negligent acts or omissions of SourcingVA. For the avoidance of doubt, nothing in this clause shall be deemed to exclude any liability which cannot by law be excluded, including without limitation, liability for death or personal injury and fraudulent misrepresentation.
12. If, after an offer of employment has been accepted by a Candidate, the Client withdraws such offer, it shall be liable for a cancellation fee of 50% of the permanent introduction fee or the fixed term contract fee, or freelance contract fee as appropriate.
13. If the Client engages a Candidate in any capacity within one year of the Candidate being introduced by SourcingVA, or if the Client refers a Candidate to a third party which engages the Candidate in any capacity, the Client will be liable for the permanent introduction fee. If the Salary is not known to SourcingVA, the permanent introduction fee shall be £20,000.
14. If, within 12 months of registration of a Position, any employee of SourcingVA with whom the Client has dealt during that 12 month period is engaged by the Client in any capacity, the Client will be liable to SourcingVA for an introduction fee of £10,000.
15. By asking SourcingVA to introduce Candidates for a Position, the Client is authorising SourcingVA to advertise such Position.
16. The Client shall inform SourcingVA immediately if it becomes aware of any circumstances which would render the employment of any Candidate detrimental to the interests of the Candidate or the Client.
17. On request, SourcingVA will supply to the Client copies of any relevant qualifications or authorisations provided to SourcingVA (except where SourcingVA is not permitted to obtain, verify or disclose the same or where the Client is required by law or by the rules of any relevant regulatory or professional body to obtain or verify the same) and copies of non-confidential references in SourcingVA possession where the position involves working with vulnerable persons, including without limitation, persons under the age of 18, or persons in need of care or attention by reason of old age, infirmity or any other circumstances.
18. The Client shall not bring any claim or legal proceedings in respect of any refund, credit note, debt, overpayment (including VAT) or other repayment, howsoever arising, after the expiry of 4 years after the date on which the relevant payment was made.
19. If any provision or part thereof of these Terms is held to be illegal or unenforceable the validity or enforceability of the remainder of the relevant provision and the Terms shall not be affected.
20. The Guarantee of Satisfaction shall not apply (i) where the Client has not paid the introduction fee in accordance with clause 7; or (ii) where the Client has failed to notify SourcingVA of the Candidate’s termination of employment in writing within 7 days of such termination; or (iii) to fixed term contract placements, fixed term contract to permanent conversions, or temporary to permanent conversions; or (iv) to the first (and second, if there are 3 instalments) payment instalment of a retained assignment (for the purposes of calculating any rebate, the amount of the final instalment shall be deemed to be the permanent introduction fee); or (v) to engagements under clause 13 which are not notified to SourcingVA; or (vi) to engagements under clause 14; or (vii) to Lite roles.
21. If within 12 months of the end of the employment, the Client retains or reengages in any capacity any Candidate to whom the Guarantee applied any rebate paid to the Client shall be repayable to SourcingVA on demand.
22. A minimum introduction fee of £2000 shall apply to all permanent placements and fixed term contract placements except where candidate was supplied from Eastern Europe where £600 minimum introduction fee applies.
23. Neither party shall disclose any information of the other which is designated confidential or which ought reasonably to be regarded as confidential, except for information which is already in the public domain (otherwise than by breach of this clause) or where disclosure is required by law.
24. Each party shall comply with their own statutory obligations, and shall provide reasonable assistance with the other party’s statutory compliance. In particular, for the purposes of applicable data protection laws (which include the UK GDPR and the Data Protection Act 2018), the Client and SourcingVA are each data controllers and each shall comply with their respective obligations under the data protection laws.
25. These Terms of Business shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Changes To Your Amazon VA
If circumstances arise that mean we have to make changes or replace a VA introduced to you (Amazon seller)we will do so as soon as possible and in the manner set out below.
- Within the first 2 weeks of your VA starting: free introduction to a new VA or a full refund in the initial introduction fee.
- Within 4 weeks of your VA starting: 75% discount on introductory fee to a new VA.
- Within 8 weeks of your VA starting: 50% discount on introductory fee to a new VA.
- Within 12 weeks of your VA starting, we offer a 25% discount on introductory fee to a new VA
- After 12 weeks after starting work there are no discounts on introducing a new virtual assistant to you.
- We offer a maximum of 2 replacement VAs within these terms.
Termination
We may terminate or suspend your account or service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied. You are responsible for the buying decisions you make, irrespective of what products have been sourced for you by your VA. We offer no guarantees as to the success or otherwise of your business in using our sourcing VAs.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
