Terms and Conditions

If you do not agree with any part of these terms and conditions do not place an order.

General

The Publisher

The Lady magazine is published by The Lady Limited, 39-40 Bedford Street, London WC2E 9ER, UK.

Card Payment

If you are under 18 or are not using your own payment card to pay for any order, subscription or advertisement, you must ask the permission of the card holder before entering payment details. By clicking "Submit Order" you are confirming that you have obtained the express prior permission of the card holder.

Personal Information

We shall only use the personal information (e.g. name, address, e-mail address, payment card details) you supply to us for the sole purpose of fulfilling your order. Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular payment card details) you transmit when you place an order. It is your responsibility to ensure the security of your own card details to avoid unauthorised use.

Liability

To the extent permitted by law we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents. These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

Variation

We may change these Terms and Conditions at any time upon giving 10 days prior written notice.

Governing Law and Jurisdiction

These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

Entire Agreement

These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.

Subscriptions

The Publisher may make use of one or more agents and subcontractors in servicing your subscription contract.

Subscription Order and Acceptance

When you click "Submit Order" to complete your on-line order, or you post your order to us, you are making an offer to take out a subscription which if accepted by us, will result in the formation of a binding contract. We shall send you a written confirmation to notify you of our acceptance of your order. We reserve the right not to accept or to process your order for any reason. All orders paid by payment card are subject to authorisation by your card issuer. Normally, this will take place when you submit your on-line order or on receipt of your order by post. If we do not accept your order and your payment card has already been debited, we will notify you and refund your card in full immediately. The outcome of the authorisation request submitted to your payment card issuer, will be advised to you by email to the address which you enter when preparing your order. We will not be responsible for any failure to communicate with you if you have entered your email address incorrectly nor if you fail to receive our written confirmation because you have supplied us with an incorrect postal address.

Delivery

We will deliver issues of The Lady magazine to the address you notify to us when placing your order. Please allow up to three weeks for delivery of the first issue. You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We will not be liable to you for any delay in delivery or non-delivery of magazines if such delay or failure is due to circumstances beyond our control or the control of our sub-contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees. Our liability to you in the event of magazines being lost in despatch shall in any event, be limited either to replacement of the missing issues or refund of the cost of the missing issues, at our discretion. We will assume that all subscriptions will start from the next available issue. In order to receive the following weeks issue, your subscription order must be placed by Tuesday at the latest. Alternative start dates must be notified in writing.

Free joining gifts

These gifts are only applicable to NEW UK subscribers and are not for renewals. Subscribers who have already received a free gift within the previous two year period will not be eligible to receive a further free gift. The free gift is only valid for UK postal addresses. Some goods are limited to UK mainland addresses only due to postal restrictions but this will be advised in the promotion. All goods are subject to supplies lasting, should these supplies run out an alternative free gift will be offered to you.

Payments

Subscriptions can be paid by credit card, Direct Debit or UK bank cheque payable to The Lady Limited.

Cancellation

Cancellation must be advised to us in writing, and will be taken from the date that this is received. All cancellations are subject to a £20 administration fee and refunds for discounted subscriptions will be based pro rata on the full subscription rate in operation at the time of cancellation and any balance remaining will be refunded.

Address amendments

Please confirm all changes in writing to us. Should you change your address to an area outside of your normal postal rate, we will advise you of the rate change as required.

Price Information

Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed on-line. Prices include delivery charges and taxes (where applicable). If a renewal is effected, this will cause a new contract to be formed between us to which the rates published at the time of renewal will apply.

The prices are as follows:

UK and C.I – 3 months £28, 6 months £52 1 year £65
Europe – 3 months - £37, 6 months £57, 1 year £98
Rest of world – 3 months £40, 6 months £66, 1year £120

Reader Gifts

If an issue of The Lady is put on sale in the UK to include a covermount or other gift, your subscription copy of that issue will also include the relevant gift, provided that your delivery address is in the UK. Magazines delivered to overseas addresses will not entail any entitlement to such gifts.

Further Information

If you require any further information please contact our subscriptions department:

Contact

Tel: +44(0)207 379 4717 - lines open Monday to Friday 09:00 to 17.00 (London time)

Email: subscriptions@lady.co.uk

Post: The Lady, 39-40 Bedford Street, London WC2E 9ER, UK

Advertisements

While every endeavour will be made to meet the wishes of Advertisers, the Publisher does not guarantee the insertion, the position, or the colour of any particular advertisement. The Publisher does not accept responsibility for any loss or damage caused by

(a) an error, inaccuracy or omission in the printing of the advertisement:

(b) for any failure to publish an advertisement on the date or dates specified by the Advertiser:

(c) for the publication of an advertisement on the date or dates specified by the Advertiser whether the actual date be earlier or later than the date or dates specified: and/or in respect of any loss or damage alleged to have arisen through delay in forwarding or omission to forward replies to Box Numbers to the Advertiser, however caused.

The Publisher reserves the right to omit, suspend, or change the position of any advertisement, even if it has already been accepted for publication.

The Publisher reserves the right to make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.

If the Company is shown to have made an error or inaccuracy in the insertion of or omission to insert any advertisement it shall make a refund or adjustment to the cost of the advertisement at a rate agreed between the Company and the Advertiser. No refund or adjustment will be made if the error or inaccuracy does not materially affect the cost or detract from the advertisement.

Cancellation - The Publisher requires six clear days notice in writing of cancellation, or reduction in the advertisement size, of any order or unexpired part of a Classified order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less than twenty eight clear days notice. Sixteen clear days notice of cancellation of any mono or two colour Display order , or in the case of a four colour Display advertisement which by reason of its position is chargeable at a premium rate, not less than six clear weeks notice. No refunds will be given for cancellations within these minimum periods.

If the Advertiser cancels the balance of a contract all unearned series discounts will be surcharged. The Publisher reserves the right of surcharge in the event of insertions not being completed within the contractual period.

The Advertiser/Advertising Agency agrees to indemnify the Publisher in respect of all costs, damages, or other charges falling upon the publication as the result of legal actions or threatened legal actions arising from the publication of the advertisement, or any one or more of the series of advertisements, published in accordance with the copy instructions supplied to the publisher in pursuance of the Advertiser's/Advertising Agency's order. In any case where a claim is made against the publisher or the publication is used in litigation the Advertiser/Advertising Agency may ultimately be liable under the terms hereof, notice in writing shall be given to the Advertiser/Advertising Agency, and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of.

Copy must be supplied without application from the Publisher. In the event of copy instructions not being received by the copy date the Publisher reserves the right to repeat copy last used. The Publisher cannot accept changes in dates of insertion unless these are confirmed in writing in time for the change to be made. The Publisher reserves the right to charge for any additional expense involved in such changes.

The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an Agency's order form or elsewhere by an Agency or an Advertiser shall be void insofar as they are in conflict with them.

The Business Advertisement (Disclosure) Order 1977 requires all advertisements by people who seek to sell goods, in the course of a business, to make that fact clear. It is the responsibility of the advertiser to comply with the above Order by using the word TRADE. Refunds cannot be given on cancellations of advertisements which have already been published in our publications or on our Internet Web site.

PUBLISHED BY The Lady 39 40 Bedford Street London WC2E 9ER The Publishers of The Lady Magazine cannot accept responsibility for monies sent to advertisers in response to mail order advertisements. Readers would be advised to check the authenticity of an advertiser before parting with money.

Website

The Lady terms of use

Access to and use of this site (lady.co.uk) is provided by The Lady subject to the following terms:

By using lady.co.uk you agree to be legally bound by these terms, which shall take effect immediately on your first use of lady.co.uk. If you do not agree to be legally bound by all the following terms please do not access and/or use lady.co.uk.

The Lady may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by The Lady Magazine. Your continued use of lady.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.



The Lady Recruits Client Terms and Conditions of Business

The Lady will only undertake business under the following terms and conditions. These terms are legally binding so please read them carefully.

GENERAL TERMS AND CONDITIONS

Definitions:

The Lady: means The Lady Recruits (TLR), wholly owned by The Lady Limited, 39-40 Bedford Street, Covent Garden, London. WC2E 9ER.

Client: means the person, firm or corporate body together with any subsidiary or associated company (as defined in the Companies Act 1985 and as amended) to whom the Candidate is introduced.

Candidate: means the person that is registered with TLR in the interest of seeking employment.

Engagement: means the engagement, employment or use of the Candidate following an Introduction to the Client on a Permanent basis, whether under a contract of service or services; under an agency, licence, franchise or partnership agreement; or any other engagement.

Exclusivity: Exclusivity: Where the client agrees to grant TLR exclusive agency rights; such that for the specified role for the period not exceeding 12 months, TLR will exclusively warranty and supply candidates. For the avoidance of doubt, the successful applicant, how so ever introduced shall be deemed to have been introduced by TLR and will be chargeable accordingly. Externally sourced and introduced candidates will be verified / vetted and interviewed by TLR. Should such a candidate not prove suitable in TLR’s opinion, TLR will notify the client. Where a client engages a candidate who has not received a full recommendation from TLR for whatever reason, the TLR guarantee will be void.

Introduction: means (i) the Client's interview of a Candidate in person or by telephone, following the Client's instruction to TLR to search for a Candidate; or (ii) the passing to the Client of a curriculum vitae (CV) or any other information relating to the Candidate which leads to the Engagement of that Candidate by the Client.

Introduction Fee or Fee: means the fee that becomes due to The Lady based on the Fee Structure (available on request) following the successful Engagement of a Candidate.

Overseas Placement: means the engagement of a Candidate that is to be employed on a Permanent basis anywhere that is outside the borders of the United Kingdom & Northern Ireland. For the avoidance of doubt, this includes Candidates employed in the UK that will be required to spend any amount of time working outside the United Kingdom & Northern Ireland.

Permanent Placement: means the Engagement of any Candidate by a Client either on a part time or full time basis for an indefinite period of time or any term lasting longer than 8 weeks.

Remuneration: Includes base salary or fees, guaranteed bonus and commission earnings, allowances, inducements payments, and all other payments and taxable (and, where applicable, non-taxable) emoluments payable or receivable by the Candidate for services rendered to or on behalf of the Client.

The headings in these Terms and Conditions are for reference only and do not affect their interpretation. These Terms and Conditions of Business are between The Lady Recruits (TLR) (The Lady) and the employer (the Client) and are deemed to be accepted by the Client if:

a. The Client receives an Introduction of a Candidate from the Agency and/or contacts the Candidate and/or interviews the Candidate and/or thereafter Engages the Candidate.
b. The Client introduces a Candidate or passes on an Introduction to any 3rd party.

GENERAL

1 The Lady Recruits is acting as an Employment Agency as defined in the Employment Agencies Act 1973

2 When registering a job vacancy with TLR, the Client agrees to provide details of the position being offered, including the type of work, duties, hours of work, duration of employment, salary offered, the requirements as to experience and qualifications, any authorisation required by law or any professional body and any risks known to health and safety. TLR will endeavour to ensure the suitability of the Candidate Introduced to the Client by obtaining confirmation of the Candidate’s identity, experience, training qualification which the Client considers necessary or which may be required by law or by any professional body.

3 TLR acts as a means of Introduction only for Permanent staff to be directly employed by the Client. TLR endeavours to ensure the suitability of any Candidate Introduced to the Client. Notwithstanding this, the Client shall satisfy itself as to the suitability of the Candidate by taking up any references provided by the Candidate or TLR before Engaging said Candidate. The final responsibility and final decision as to whether such a Candidate should be Engaged for a Permanent position is that of the Client. If required, the Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, and satisfying any medical and other requirements or qualifications required by law of the country in which the Candidate is engaged to work.

4 TLR shall not be liable under any circumstances for any loss, expense, damages, delay, costs or compensations (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Introduction to or Engagement of any Candidate by the Client or from the failure of TLR to Introduce any Candidate. No liability shall attach to TLR either in contract or in tort for loss, injury or damage sustained as a result of the act or omission of a Candidate, however so arising, even if such act or omission is fraudulent or negligent. The Client acknowledges that it should consider taking out appropriate insurance in order to cover against any losses. For the avoidance of doubt, TLR does not exclude liability for death or personal injury arising from its own negligence.

5 The Client is solely responsible for providing a contract of employment to the Candidate and is responsible for the Candidate’s Tax and National Insurance contributions, if and where applicable, in the country where the Candidate is employed. It is the Client’s responsibility to ensure both parties sign and date the agreed Contract of Employment and further to provide confirmation of this to TLR.

6 TLR reserves the right to advertise any vacancy registered by The Client using any means it deems necessary to source a suitable Candidate. The Client’s identity and information will be kept strictly confidential during this process. In the interest of increasing the number of responses, vacancies will be advertised on 3rd party websites as well as our own internet job board unless the Client advises otherwise.

7 The Client acknowledges that on entering into this agreement it had the opportunity of taking independent legal advice when deciding whether to enter into this agreement and to the effect of its terms.

8 If any Condition or part thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining Conditions or part thereof, which shall remain in full force and effect.

9 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of TLR, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the client. No variation or alteration to these terms shall be valid unless the details of such variation are agreed between TLR and the Client and are set out in writing and a copy of these varied terms is given to the Client stating the date on or after which such varied terms shall apply.

10 Any delay in us enforcing or seeking to enforce any of our rights arising from the Conditions is not a waiver of such rights which remain fully enforceable by us at all times. These Terms and Conditions shall be governed by and be construed in accordance with the laws of England and Wales and each party hereto agrees to submit to the jurisdiction of the English Courts.

11 TLR operates a complaints and disputes procedure. If you wish to lodge a complaint or dispute, details of the issue must be submitted to TLR in writing and can be sent to TLR at the above address.

EMPLOYING CANDIDATES

12 The Client agrees to provide written notification to TLR of any job offer made to the Candidate including details of agreed salary and any benefit package, Candidate’s name and the agreed start date. All notifications provided to TLR by the Client in accordance with clause 12 will be deemed by TLR to be a successful placement of a Candidate. The Fee for Permanent Placements becomes payable on the agreed start date. TLR’s entitlement to the Introduction Fee shall not be affected if TLR provides details on a Candidate to a Client and the Client later receives details of the same Candidate from any third party, including another agency or the Candidate themselves.

13 Upon successfully offering employment, you guarantee to ensure that the correct level of Employers’ and Public and Products Liability Insurance policies are held by you providing

1. Employer’ Liability insurance to a Limit of Indemnity of note less than £10,000,000 any one occurrence
2. Public and Products Liability insurance to a Limit of Indemnity of not less than £5,000,0000 any one occurrence and in the aggregate in respect of Products Liability

14 If a Candidate Introduced by TLR rejects an offer of employment or the Client chooses not to Engage the Candidate, a full Introduction Fee will be payable if the Candidate is later Engaged by the Client at any time within 24 months.
14 (a) If the client subsequently engages or re-engages the candidate within the period of six calendar months from the date of termination of the Engagement or withdrawal of the offer, the full fee becomes payable.

15 If after Engaging the Candidate on a Permanent basis, the Client finds them to be unsuitable for the role in any way but still keeps the Candidate in their employment on a Permanent, the original Introduction Fee remains payable and the original Service Guarantee will be void.

FEES AND INVOICES

16 TLR Fees for Permanent Placements are calculated using a percentage of the Candidate’s first years agreed annual salary & benefits package, discretionary bonuses are not be eligible for inclusion as confirmed in the Client’s job offer. If the Candidate is employed on a part time basis (fewer than 25 hours per week), the agreed average weekly salary & benefits package will be annualised to calculate the Introduction Fee, a minimum Introduction Fee of £2000 will be charged on roles if the salary calculation is lower than the minimum fee.

17 Invoices for UK Permanent Placements may be sent before the Candidate starts and they are post-dated to match the Candidate’s start date wherever possible. The Client agrees to pay the Introduction Fee for UK Permanent Placements within seven (7) working days of the agreed start date of the initial job offer.

18 Invoices for Overseas Placements are sent upon receiving notification of the Candidate’s Engagement and must be settled prior to the Candidate leaving the United Kingdom or commencement of duties. Clients should not confirm any travel plans with the Candidate until the full Introduction Fee has been settled.

19 If the Client withdraws a confirmed offer of employment for any reason prior to the Candidate commencing work, 50% of the original agreed Introduction Fee will be payable to TLR as a cancellation fee. TLR takes full responsibility for candidate due diligence and under our service guarantee, should we fail our duty of due diligence, the client would then be eligible for a free replacement.

20 The Introduction Fee charged for a Permanent Placement is applicable to one Placement only. For additional Candidates Introduced by the TLR and Engaged by the Client, further Introduction Fee’s will be payable in accordance with the prevailing Fee Structure.

21 We require Payment to terms. Payment must be made on time, in full and without any deduction, set off or counterclaim. In the event that an account is outstanding, we reserve the right to levy a surcharge of 15% of the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgement of the court and continues to accrue. In such an event the original Service Guarantee will be void.

22 All Introduction Fees quoted are exclusive of V.A.T.

CONFIDENTIALITY

23 The Client shall keep all Introductions of Candidates by TLR and their details confidential. The Client undertakes not to disclose any Introductions or Candidate details to third parties. Any breach of this undertaking resulting in the Engagement of a Candidate by a third party renders the Client liable for full payment of TLR’s Introduction Fee and the provisions of the Service Guarantee shall not apply.

EXTENUATING CIRCUMSTANCES

24 Where the Candidate is required by law, or any other professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any other person who by reason of age, infirmity or who is otherwise in need of care or attention, TLR will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who have agreed that the references they provide must be disclosed to the Client and has taken all reasonably practical steps to confirm that the Candidate is suitable for the position. If TLR is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.

LIABILTY

TLR shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with TLR seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client of from the failure of TLR to introduce any Candidate. For the avoidance of doubt, TLR does not exclude liability for death or personal injury arising from its own negligence.

SERVICE GUARANTEE

25 The Service Guarantee entitles the Client to one (1) free replacement per Introduction paid if the Candidate leaves the Clients employment, irrespective of whether the candidate or the client initiates the departure. The Service Guarantee is available only on all Permanent Placements and covers the first four (4) months of the Candidate’s employment, but to qualify the Client must:

a) notify TLR in writing within 24 hours of the termination of the Candidate’s employment, giving the reasons for termination
b) confirm in their written correspondence that the basis on which the Candidate was Engaged has not altered in any way from the job description provided to TLR
c) have paid the Introduction Fee in full within seven (7) working days of the first day of work for UK placements and prior to the Candidate leaving the UK or commencing their duties for Overseas Placements
d) not be in breach of these Terms and Conditions

26 If a Candidate leaves within the first two weeks and a suitable replacement Candidate cannot be found within a reasonable period of time, TLR may make a refund or issue a credit note for the full Introduction Fee paid. For the avoidance of doubt, a reasonable amount of time to source the replacement will be deemed to be 6 weeks.

27 If the Candidate leaves the employment as a result of the Client's failure to comply with the agreed hours, salary and duties that were provided to TLR and/or the Candidate is unfairly or unreasonably dismissed and/or if the working conditions for the Candidate are found to be unreasonable, the full Introduction Fee will remain payable to TLR and the Service Guarantee will not apply.

28 If the final agreed salary between the Client and Candidate is lower than the original salary figure provided to advertise the vacancy, TLR reserves the right to use the original salary figure to source the replacement Candidate and the Client will be liable for any difference in Introduction Fees that would result if they employ the replacement Candidate at the higher salary rate.

29 If for any reason the Client chooses not to source a replacement using TLR, the Service Guarantee will no longer apply and no refund will be available regardless of when the Candidate’s employment was terminated

30 a) The Client undertakes to provide a contract of employment upon engagement, and is responsible for the candidate's Tax and National Insurance contribution, obtaining work permits and satisfying any medical requirements or qualifications as required by law.
b) For distances in excess of 100 miles the Client may be requested to reimburse all reasonable travelling expenses to the interview upon presentation of receipt and by arrangement.

31 In exceptional cases, TLR will have absolute discretion to approve a refund and in the event this takes place, an admin fee of £250 plus VAT will be applicable.

LAW

These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.


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