Terms of Service

1. Our services

RAST provides human-resources consultancy and related services, including recruitment and talent acquisition (including specialised driver recruitment), staffing, staff augmentation, payroll management, HR management, performance appraisal design, training and development, organizational development, and seminars and workshops (the “Services”).

The specific scope, deliverables, timelines, fees and any special conditions for a Service are set out in a proposal, statement of work, order form or engagement agreement (each an “Engagement Document”). If there is a conflict between these Terms and a signed Engagement Document, the Engagement Document prevails for that Service.

2. Eligibility and business use

The Services are provided to businesses and organisations. You confirm that you are at least 18 years old and have authority to bind the organisation you represent.

3. Engagements, proposals and acceptance

A proposal is an invitation to contract and becomes binding when you accept it in writing (including by email or electronic signature) or instruct us to begin. Proposals are valid for 30 days unless stated otherwise. Changes to scope must be agreed in writing and may affect fees and timelines.

4. Client responsibilities

• Provide accurate, complete and timely information, access and decisions we reasonably need.
• Make all final hiring, engagement, pay and employment decisions. RAST recommends and presents candidates, but the client is the employer or engaging party unless the Engagement Document states otherwise.
• Carry out the pre-employment and compliance checks required by law for the role, including right-to-work, background, driving-record, drug-and-alcohol and medical checks where applicable. Our screening is not a substitute for the client’s legal obligations.
• Comply with applicable employment, anti-discrimination, health and safety, and data protection laws.

5. Fees, invoicing and payment

Fees are set out in the Engagement Document and are exclusive of applicable taxes, duties and withholdings unless stated otherwise. Unless otherwise agreed: invoices are payable within 14 days of the invoice date in the currency stated; late amounts may bear interest at the lower of 1.5% per month or the maximum rate permitted by law; and we may suspend Services for overdue invoices after written notice. You are responsible for bank and transfer charges and, where applicable, payment-gateway fees.

Where payment is taken online, it is processed by a third-party payment provider and is subject to that provider’s terms. We do not store full card details.

6. Recruitment and staffing terms

• No guarantee of outcome. We use reasonable skill and care to find and screen suitable candidates but cannot guarantee that a candidate will accept an offer, remain in a role or perform to expectations.
• Introductions. A candidate presented by RAST remains an introduction by RAST for the period stated in the Engagement Document (or, if none, 12 months). If you hire or engage that candidate during that period, directly or through another party, the agreed placement fee is payable.
• Replacement or rebate. Any replacement or rebate terms are those stated in the Engagement Document.
• Staffing and augmentation. Responsibilities for employment, supervision, insurance and compensation of supplied personnel are as set out in the Engagement Document.
• Non-solicitation of RAST personnel. During the engagement and for 12 months afterwards you agree not to solicit our employees or contractors who worked on your engagement, except through general advertising.

7. Payroll, HR and advisory services

Payroll and HR services are performed on the data you supply and the instructions you approve. You are responsible for the accuracy of that data and for approving payroll before release. Our HR guidance is general in nature and does not constitute legal advice; obtain legal advice for specific legal questions.

8. Job applicants

If you apply for a role, you confirm that the information you submit is accurate and that you have the right to provide it. Applying does not create an employment relationship or guarantee an interview or offer. We process applications under our Privacy Policy.

9. Use of the Website

You agree not to: misuse or interfere with the Website or its security; attempt unauthorised access; scrape, copy or republish content at scale without permission; submit false, misleading or unlawful content; introduce malware; or use the Website to send spam or for any unlawful purpose. We may suspend or restrict access to protect the Website or our users. Automated search and AI indexing consistent with our robots.txt is permitted.

10. Intellectual property

The Website, its design, text, graphics, logos and the RAST name and marks are owned by or licensed to us and protected by law. You may view and share the Website’s public content for lawful, non-commercial purposes with attribution. Deliverables created specifically for you are licensed or assigned as stated in the Engagement Document; otherwise you receive a non-exclusive, non-transferable licence to use them internally. Our pre-existing methods, templates and know-how remain ours.

11. Confidentiality

Each party will keep the other’s non-public business, personnel and pricing information confidential, use it only for the engagement, and protect it with reasonable care, except for information that is public, independently developed, already known, or legally required to be disclosed.

12. Privacy and data protection

We process personal data in accordance with our Privacy Policy and applicable law. Where we process personal data on your behalf, a data processing agreement is available on request and forms part of the engagement.

13. Warranties and disclaimers

We will perform the Services with reasonable skill and care. Except as expressly stated, the Website and Services are provided “as is” and “as available”, and to the fullest extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Website will be uninterrupted or error-free. See also our Disclaimer.

14. Limitation of liability

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence. Subject to that, to the fullest extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill or anticipated savings; and (b) our total aggregate liability arising out of or in connection with a Service is limited to the fees you paid to us for that Service in the 12 months before the event giving rise to the claim.

15. Indemnity

You will indemnify and hold us harmless from claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of law, or your hiring and employment decisions, except to the extent caused by our negligence or wilful misconduct.

16. Term and termination

Either party may terminate an engagement for material breach not remedied within 14 days of written notice, or as stated in the Engagement Document. Fees for work performed and non-cancellable costs incurred up to termination remain payable. Clauses that by nature should survive termination (including fees, confidentiality, intellectual property, liability, indemnity and governing law) survive.

17. Cancellations and refunds

Our Refund & Cancellation Policy forms part of these Terms.

18. Third-party links and services

The Website may link to third-party sites or tools. We do not control and are not responsible for them.

19. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, government action, strikes, power or internet failures, or failures of third-party providers. Payment obligations for work already performed are not excused.

20. Changes to these Terms

We may update these Terms. Changes take effect when posted, with the “Last updated” date revised. Continued use of the Website after changes means you accept them. Changes do not alter the terms of an Engagement Document signed before the change.

21. Governing law and disputes

These Terms and any dispute arising from them are governed by the laws of the jurisdiction in which the RAST contracting entity named in the applicable Engagement Document is established (or, if none, the jurisdiction of ABCD Ventures’ registered office), without regard to conflict-of-law rules. The courts of that jurisdiction have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court, and mandatory consumer or local-law rights that cannot be waived are preserved. The parties will first try to resolve disputes in good faith by written notice and discussion for 30 days.

22. General

These Terms (with any Engagement Document, the Privacy Policy, Cookie Policy, Disclaimer and Refund Policy) are the entire agreement concerning their subject matter. If a provision is unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer. Notices to us must be sent to [email protected].

23. Contact

RAST Consultants, a project of ABCD Ventures. Email: [email protected].