INTERIM XCHANGE LIMITED

SUBSCRIPTION TERMS FOR INTERIM WORKERS

1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our subscription service to you (the “Service”) via www.interimxchange.com (our “Website”).
1.2 Why you should read them. Please read these terms carefully before you subscribe to our Service. These terms tell you who we are, how we will provide our Service to you, how you and we may change or end the Contract (as defined below at clause 3.2), what to do in the unlikely event there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Interim Xchange Limited a company registered in England and Wales. Our company registration number is 10741746 and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU. Our main trading address is University of Warwick Science Park, Innovation Centre, Warwick Technology Park CV34 6UW. Our registered VAT number is 290355304.
2.2 How to contact us. If you wish to contact us for any reason, including if you have any questions, concerns or complaints about the Service, you can contact us by email at support@interimxchange.com or in writing to Interim Xchange Ltd, University of Warwick Science Park, Innovation Centre, Warwick Technology Park, CV34 6UW.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address provided in your account details.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU
3.1 How you subscribe to our Service. You subscribe to our Service by selecting a Plan for the Service and then completing and submitting your profile/account details on our Website. When subscribing to our Service you must indicate whether you wish to select the “Free Plan” for the Service, the “Basic Plan” for the Service or the “Accredited Plan” for the Service, the details of which are set out in Schedule 1 below.
3.2 How we will approve your subscription. Upon subscribing to our Service you will have full access to your own profile/account on our Website. However, you will not be visible to other users of our Website until we have approved your subscription. Our approval of your subscription will take place when we email you to approve it, at which point a contract will come into existence between you and us subject to these terms (“Contract”).
3.3 We only sell to the UK. Our Website is primarily for the promotion of our Service in the UK and is administered in accordance with English law. However, we do accept subscriptions to our Service from addresses outside the UK as some of our clients may have resource requirements and potential job opportunities outside of the UK.

4. OUR SERVICE
4.1 Providing our Service to you. Subject to you agreeing to the obligations within these terms, our Privacy Policy, our Website Terms of Use and Cookies Policy and (where applicable) paying us the Subscription Fee (as defined below in clause 12.1), we will, during the term of our Contract with you, provide and make available to you our Service via the Website.
4.2 Service Plans. We can deliver our Service to you in different specifications (Plans), the details of which are set out in Schedule 1 below.
4.3 Please note that:
4.3.1 each Plan provides you with different features which may not be available as part of other Plans. You are responsible for ensuring that you subscribe to the Plan that meets your requirements; and
4.3.2 when upgrading to the “Accredited Plan”, you will be required to submit to us three testimonials about you, which must satisfy our verification and validation tests prior to us approving your subscription (Validation Testing). If we are unable to verify and validate the testimonials you have provided then we may reject your application for a subscription in accordance with clause 10 and retain the Validation Fee.

5. YOUR RIGHTS TO MAKE CHANGES
If you wish to upgrade or downgrade from the Plan you have subscribed to, you can do this at any time via our Website. Our Website will let you know about any changes to the Subscription Fee for the Service and anything else which would be necessary as a result of your requested upgrade/downgrade. We will notify you if, for any reason, we cannot proceed with your requested upgrade/downgrade.

6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Service. We may change the Service:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. We will notify you if these changes will affect your use of the Service.
6.2 More significant changes to the Service and these terms. There may be rare occasions where we make or are required to make major changes to these terms or the Service. We will notify you if we make any such major changes and you may then contact us to end the Contract before the changes take effect and receive a refund for any part of the Service paid for but not received.

7. PROVIDING THE SERVICE
7.1 When we will provide the Service. As soon as you subscribe to our Service you will have full access to your own profile/account on our Website; however, you will not be visible to other users of our Website until we have approved your subscription. Provided we approve your subscription and (where applicable) you pay the Subscription Fee, we will supply the Service to you within twenty four (24) hours of receiving your application to subscribe to our Service, until either your subscription expires or you end the Contract as described in clause 9 or we end the Contract by written notice to you as described in clause 10.
7.2 We are not responsible for a delay or suspension outside our control. If our supply of the Service is delayed or suspended by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or suspension. Provided we do this we will not be liable for delays or suspensions caused by the event, but if there is a risk of substantial delay of more than a continuous period of ten (10) Working Days (a Working Day shall mean any day other than a Saturday, Sunday or public holiday in England) you may contact us to end the Contract and receive a pro rata refund for any part of the Service you have paid for but not received.
7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the Service to you, for example, your name, address and/or location, email, mobile number, CV and other work credentials and (where applicable) testimonials will be required in order to create a profile for you on our Website. The information we require from you to set up your subscription will have been stated in the description of the Service on our Website. If you do not give us this information within a reasonable time of us asking for it then you will not be able to subscribe to our Service. If you give us, or we have reason to believe that you have given us, incomplete, spurious or incorrect information, we may either ask you to confirm and/or verify the information you have given us or we may choose to end the Contract (and clause 10.2 will apply). We will not be responsible for supplying the Service late or not supplying any part of the Service if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 Reasons we may suspend the supply of the Service to you. We may have to suspend the supply of the Service to:
7.4.1 deal with technical problems or make minor technical changes;
7.4.2 update the Service to reflect changes in relevant laws and regulatory requirements;
7.4.3 upgrade/downgrade your specification of the Service as requested by you (see clause 5) or notified by us to you (see clause 6).
7.5 Your rights if we suspend the supply of the Service. We will contact you in advance to tell you we will be suspending supply of the Service, unless the problem is urgent or an emergency. If we have to suspend the Service for a continuous period of longer than ten (10) Working Days we will give you the option of:
7.5.1 extending the current term of your Contract for the period the supply of the Service is suspended; or
7.5.2 adjusting the price so that you do not pay for the Service while it is suspended.
7.6 We may also suspend supply of the Service if you do not pay. If you do not pay us for the Service when you are supposed to (see clause 12.4) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Service. We will not suspend the Service where you dispute the unpaid invoice (see clause 12.3).

8. DURATION OF THE CONTRACT
8.1 The Contract shall commence on the date when we email you to accept your application to subscribe to the Service and shall continue for a period of twelve (12) months (the “Initial Term”) and thereafter, this Contract shall be automatically renewed for successive periods of twelve (12) months (each a “Renewal Term”), unless:
8.1.1 you end the Contract by following the necessary steps on our Website prior to the end of the Initial Term or any Renewal Term (as applicable), in which case the Contract shall end upon the expiry of the applicable Initial Term or Renewal Term; or
8.1.2 otherwise ended in accordance with the provisions of these terms.

9. YOUR RIGHTS TO CANCEL THE CONTRACT
9.1 You can always cancel your Contract with us. You may cancel your Contract with us for any reason at any time. The ways in which you can cancel your Contract are set out in clause 9.3 below. The Contract will end immediately and we will refund any sums paid by you for any part of the Service not provided.
9.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a full refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
However, please note that, as we will begin providing the Service to you as soon as possible and as such within the 14 day period within which you can change your mind, then, if you subsequently ask us to cancel the Contract, we will be entitled to deduct from any refund:
9.2.1 our reasonable costs for providing the Service up to the date of your request to end the Contract; and
9.2.2 reasonable compensation for the net costs we will incur as a result of your ending the Contract.
Where you have asked to be upgraded to the Accredited Plan, you will have a 14 day period within which you can change your mind. You will not be able to access the additional features of the Accredited Plan during this 14 day period. If you subsequently ask us to cancel the Contract or ask us to downgrade you from the Accredited Plan we will also be entitled to deduct from any refund our reasonable costs in carrying out the Validation Testing.
9.3 Tell us you want to cancel the contract. To cancel the Contract with us, please let us know by doing one of the following:
9.3.1 Email. Email us at support@interimexchange.com. Please provide your name, home address, details of your account and, where available, your phone number and email address.
9.3.2 Online. Complete the Model Cancellation Form at Schedule 2 of these terms on our Website. This is available via your account on our Website.
9.3.3 By post. Print off the Model Cancellation Form at Schedule 2 of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of your account and your name and address.
9.4 How we will refund you. Where a refund is payable, we will refund you on a pro-rata annual basis, based on the length of membership delivered, by the method you originally used for payment. However, we may make deductions from the price, as described above in clause 9.2.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 14 days of your telling us you wish to cancel the Contract.

10. OUR RIGHTS TO CANCEL THE CONTRACT
10.1 We may cancel the contract if you break it. We may cancel the Contract for the Service at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service;
10.1.3 you give us, or we have reason to believe that you have given us, incomplete, spurious or incorrect information about you,
10.1.4 you do not comply with our Website Terms of Use; or
10.1.5 when subscribing to the “Accredited Plan”, your testimonials do not pass our verification and validation tests.
10.2 You must compensate us if you break the contract. If we cancel the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the Service we have not provided but we may deduct or charge you reasonable compensation for:
10.2.1 the net costs we will incur as a result of your breaking the contract; and,
10.2.2 where you have subscribed to the Accredited Plan, our reasonable costs in carrying out the Validation Testing.

11. SUMMARY OF YOUR LEGAL RIGHTS
11.1 We are under a legal duty to supply the Service in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Service. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

12. PRICE AND PAYMENT
12.1 Where to find the price for the Service. The price of the Service (which includes VAT) will be the price indicated on the pages of our Website when you subscribe to our Service (Subscription Fee). You can always refer to your Subscription Fee on the “My Account” page of our Website. We take all reasonable care to ensure that the price of the Service advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the Service you subscribe to. Our Website will indicate from time to time in what circumstances and at what times a Free Plan for the Service (where no Subscription Fee will be payable) will be available.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your subscription date and the date we supply the Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price or an invoice wrong. It is always possible that, despite our efforts, the Service we provide to you may be incorrectly priced on our Website or an invoice we raise is incorrect.
If you think the price we have stated or the invoice we have raised for the Service is incorrect then please contact us at support@interimxchange.com or in writing to Interim Xchange, University of Warwick Science Park, Innovation Centre, Warwick Technology Park, CV34 6UW. We will then check the price we stated to you or the invoice we raised and:
12.3.1 in respect of the price of the Service on our Website being incorrect:
(a) where the Service’s correct price at your subscription date is less than our stated price at your subscription date, we will charge the lower amount; and
(b) where the Service’s correct price at your subscription date is higher than the price stated to you, we will contact you for your instructions before we proceed with your subscription;
12.3.2 in respect of an invoice for the Service being incorrect, we will reissue our invoice to you with the correct amount payable for the Service.
12.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard and American Express. We will invoice you annually in advance for the Service. You must pay each invoice within fourteen (14) days on the date of the invoice.

13. OUR RESPONSIBILITY TO YOU
13.1 Our responsibility to you. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service as summarised at clause 11.1.
13.3 We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not liable to you for any failure to enter into a contract of employment or contract for services with another business via the Service or any losses, damages or costs you may incur under any contract of employment or contract for services with another business via the Service.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the Service to you;
14.1.2 to process your payment for the Service;
14.1.3 if you agreed to this during the subscription process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us; and
14.1.4 in any event, in accordance with our Privacy Policy.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

15. OTHER IMPORTANT TERMS
15.1 Change of Control. In the event that there is a change of control (as defined in section 1124 of the Corporation Tax Act 2010) of our business, we may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may transfer your rights and obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this Contract. No other person other than you or us shall have any rights to enforce any of the terms of this Contract.
15.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
15.6 Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.

SCHEDULE 1: SERVICE SPECIFICATIONS

Specification for the Free Plan

  • Manage your profile
  • Promote your skills
  • Detail your Preferences
  • Manage availability Diary
  • Access Client Pipelines
  • Apply to live projects
  • Save your Searches
  • Receive Interim job alerts
  • Access Partner Benefits
  • Upload Testimonials (in advance of becoming iX Accredited)

Specification of the Basic Plan

  • Manage your profile
  • Promote your skills
  • Detail your Preferences
  • Manage availability Diary
  • Access Client Pipelines
  • Apply to live projects
  • Save your Searches
  • Receive Interim job alerts
  • Access Partner Benefits
  • Upload Testimonials (in advance of becoming iX Accredited)

Specification of the Accredited Plan

  • Manage your profile
  • Promote your skills
  • Detail your Preferences
  • Manage availability Diary
  • Access Client Pipelines
  • Apply to live projects
  • Save your Searches
  • Receive Interim job alerts
  • Access Partner Benefits
  • Manage your timesheets
  • Upload Testimonials
  • Become iX Accredited
  • Concierge support service

SCHEDULE 2: MODEL CANCELLATION FORM

 

(Complete and return this form only if you wish to withdraw from the Contract)

I hereby give notice that I cancel my contract for the supply of the following service:

New Field

5 + 8 =

© Crown copyright 2013.

Simple Share ButtonsShare
Simple Share Buttons