TERMS OF BUSINESS FOR CANDIDATES

International Medical Recruitment Consultavi Ltd T/A Workplace Doctors

1. Definitions

1.1 Agency Consultavi Ltd T/A Workplace Doctors.

1.2 Candidate The medical professional registering with the Agency.

1.3 Client Any hospital, trust, clinic, government authority, or healthcare organisation to whom the Agency Introduces the Candidate.

1.4 Engagement Any locum, temporary, fixed term, permanent, contract, fellowship, consultancy, or telemedicine arrangement.

1.5 Introduction The provision of the Candidate’s details or any information enabling the Client to identify or engage the Candidate.

1.6 Commercial Fee The fee payable to the Agency by the Client for an Engagement.

1.7 Circumvention Any act by the Candidate that bypasses or undermines the Agency’s Introduction.

1.8 Effective Cause Any act, effort, submission, communication, or Introduction by the Agency that materially contributes to, facilitates, or enables an Engagement, whether directly or indirectly, and whether or not the Client varies, modifies, or re describes the role, Requirement, or position. The Candidate acknowledges that the Agency shall be deemed the Effective Cause of any Engagement arising from or connected with an Introduction.

2. Scope and Application

2.1 These Terms govern all Introductions and all Engagements arising directly or indirectly from the Agency’s involvement. 2.2 These Terms apply internationally, including the UK, EU/EEA, Middle East, Asia Pacific, Africa, and the Americas. 2.3 These Terms prevail over any Candidate provided terms unless expressly agreed in writing by a director of the Agency.

3. Candidate Obligations

3.1 The Candidate warrants that all information provided is accurate, complete, and not misleading. 3.2 The Candidate shall comply with all licensing, credentialing, immigration, and regulatory requirements relevant to any Engagement. 3.3 The Candidate shall immediately notify the Agency of any changes to licensing status, visa status, disciplinary matters, or availability. 3.4 The Candidate shall attend all interviews, assessments, medicals, and onboarding sessions arranged by the Agency or Client. 3.5 The Candidate shall not withhold information relating to applications made through other agencies or directly to Clients.

Candidate Duty to Disclose Other Agencies The Candidate shall provide full and accurate disclosure of all agencies, recruiters, or third parties with whom they are registered or applying for roles. Failure to disclose constitutes a breach.

4. Confidentiality & Data Protection

4.1 The Candidate authorises the Agency to share relevant information with Clients, regulatory bodies, credentialing agencies, and immigration authorities. 4.2 The Candidate shall maintain strict confidentiality regarding Client information, contract terms, and operational details. 4.3 The Agency processes personal data in accordance with applicable data protection laws.

5. International Compliance

5.1 The Candidate is responsible for obtaining and maintaining all required documentation for international Engagements. 5.2 The Agency accepts no liability for decisions made by licensing authorities, immigration bodies, or government departments. 5.3 The Candidate shall comply with all professional, regulatory, and immigration requirements in the jurisdiction of the Engagement.

6. Anti Circumvention & Candidate Fee Liability

6.1 The Candidate acknowledges the Agency’s investment in sourcing roles, preparing applications, submitting documentation, arranging interviews, and negotiating Engagements.

6.2 For 24 months from any Introduction, the Candidate shall not: • apply directly to the Client; • apply through another agency for any role with the Client; • submit their CV directly or indirectly to the Client; • engage with any affiliated hospital, department, subsidiary, or international branch; • encourage or permit any third party to submit their details to the Client; • take any action that bypasses or undermines the Agency’s Introduction.

6.3 Breach of Clause- triggers personal liability for the full Commercial Fee.

6.4 The Commercial Fee is a reasonable pre estimate of loss.

6.5 The Commercial Fee is payable within 7 days of written demand.

6A. Legal Fees, Enforcement Costs & Damages

6A.1 The Candidate is personally liable for all legal fees, enforcement costs, administrative costs, and damages arising from any breach of Clause 6.
6A.2 Recoverable costs include solicitor fees, counsel fees, arbitration fees, debt recovery fees, tracing fees, court fees, translation fees, and enforcement costs.
6A.3 All sums constitute a liquidated debt, payable within 7 days.
6A.4 The Agency may pursue recovery in any competent jurisdiction.
6A.5 Liability survives termination.

Duty to Cooperate with Enforcement -The Candidate shall fully cooperate with the Agency in any enforcement or recovery proceedings..

6B. Contract Extensions, Renewals & Repeat Engagements

6B.1 Any extension, renewal, repeat Engagement, or new Engagement with the Client (or any affiliated organisation) is deemed to arise from the Agency’s original Introduction. 6B.2 The Candidate shall not negotiate or accept any extension, renewal, repeat Engagement, or new Engagement directly or through another agency for 24 months from the commencement of any Engagement. 6B.3 Breach triggers liability for the Commercial Fee, legal fees, enforcement costs, administrative costs, and damages. 6B.4 All sums constitute a liquidated debt, payable within 7 days.

6C. Automatic Candidate Invoicing

6C.1 Upon any breach of Clauses 6, 6A, or 6B, the Agency may issue an automatic invoice for all sums due. 6C.2 The invoice is valid and enforceable upon issuance without prior notice, negotiation, approval, or signature. 6C.3 Failure to pay within 7 days entitles the Agency to commence legal proceedings, arbitration, or enforcement action.

6D. Candidate Indemnity

6D.1 The Candidate shall indemnify and keep indemnified the Agency against all losses, costs, damages, liabilities, expenses, legal fees, enforcement costs, and claims arising from:

• any breach of Clauses 6, 6A, 6B, or 6C;

• any misrepresentation or omission;

• any direct or indirect application;

• any extension, renewal, or repeat Engagement accepted without the Agency’s involvement.

6D.2 The indemnity applies worldwide. 

6D.3 The indemnity survives termination.

No Defence of Client Variation - The Candidate agrees that any variation, modification, adjustment, or re description of a role, Requirement, or position by the Client shall not constitute a new or different role for the purpose of avoiding liability under Clause 6. All such variations shall be deemed part of the original Requirement and shall not diminish or displace the Agency’s Effective Cause.

Prior Knowledge Irrelevant - The Candidate acknowledges and agrees that prior knowledge of the Client, its departments, affiliated hospitals, subsidiaries, or international branches shall not relieve the Candidate of any obligations under Clause 6. Any Engagement with the Client or any affiliated organisation within 24 months of an Introduction shall be deemed to arise from the Agency’s Effective Cause.

Prohibition on Indirect Communications - The Candidate shall not initiate, respond to, or engage in any communication with the Client or any affiliated organisation relating to roles, opportunities, or Engagements without the Agency’s prior written consent. Any such communication constitutes circumvention and triggers liability under Clauses 6, 6A, 6B, and 6C.

Mandatory Disclosure of Client Contact - The Candidate shall immediately notify the Agency of any direct or indirect contact, communication, enquiry, or approach from the Client or any affiliated organisation relating to roles, opportunities, or Engagements. Failure to disclose such contact constitutes circumvention.

Prohibition on Use of Agency Materials - The Candidate shall not use any CV, credentialing pack, documentation, forms, templates, or materials prepared, edited, or submitted by the Agency for any direct or indirect application to the Client or any affiliated organisation. Any such use constitutes circumvention.

Liability Independent of Engagement Outcome - Liability for the Commercial Fee arises immediately upon breach of Clause 6 and is not contingent upon the Candidate commencing, completing, or performing any Engagement. The Candidate acknowledges that the Commercial Fee is payable even if the Client withdraws, cancels, or alters the Engagement.

Duty to Cooperate with Enforcement - The Candidate shall fully cooperate with the Agency in any enforcement, recovery, or legal proceedings, including providing documents, evidence, information, and assistance reasonably required. Failure to cooperate constitutes an additional breach and may increase recoverable enforcement costs.

No Set Off or Deduction - All sums payable under these Terms shall be paid in full without any set off, deduction, counterclaim, withholding, or abatement. The Candidate waives any right to assert set off in any enforcement or recovery proceedings.

Joint and Several Liability for Third Party Submissions - Where any third party submits the Candidate’s details to the Client or any affiliated organisation, whether with or without the Candidate’s knowledge or consent, the Candidate shall be jointly and severally liable for all sums due under Clauses 6, 6A, 6B, and 6C. Such submission constitutes circumvention.

Prohibition on Withdrawal and Re Application - The Candidate shall not withdraw from any application, interview, or recruitment process arranged by the Agency for the purpose of re applying directly or through another agency. Any such withdrawal followed by re application constitutes circumvention.

No Reliance on Client Representations - The Candidate agrees that no statement, assurance, or representation made by the Client or any affiliated organisation—whether oral or written—shall relieve the Candidate of obligations under these Terms. This includes statements that the Agency is “not involved”, “no longer representing the Candidate”, or “not entitled to a fee”.

Candidate Duty to Disclose Other Agencies - The Candidate shall provide full and accurate disclosure of all agencies, recruiters, or third parties with whom they are registered or applying for roles. Failure to disclose constitutes a breach.

Prohibition on Role Shopping - The Candidate shall not use information obtained through the Agency—including job descriptions, role details, contact information, or organisational structures—to pursue alternative routes to the Client or affiliated organisations.

7. Conduct & Professional Standards

7.1 The Candidate shall comply with all Client policies, clinical governance standards, and professional codes of conduct. 7.2 The Candidate shall not engage in behaviour that may bring the Agency or Client into disrepute.

8. Agency Liability

8.1 The Agency shall not be liable for decisions made by Clients, regulatory bodies, immigration authorities, or government departments. 8.2 Nothing limits liability for fraud or matters that cannot be excluded by law.

9. Termination

9.1 The Agency may terminate its relationship with the Candidate immediately for:

• providing false information;

• misconduct;

• breach of confidentiality;

• breach of Clauses 6, 6A, 6B, 6C, or 6D.

9.2 Termination does not affect the Agency’s right to recover all sums due.

10. Governing Law & Enforcement

10.1 For UK based Introductions, these Terms are governed by the laws of England & Wales. 10.2 For international Introductions, these Terms may be enforced in the jurisdiction where the Engagement occurs. 10.3 Conflict of law principles shall not operate to defeat the Agency’s rights.

10A. Exclusive Jurisdiction (England & Wales)

10A.1 All disputes, claims, enforcement actions, or recovery proceedings shall be subject to the exclusive jurisdiction of the courts of England & Wales. 10A.2 The Candidate irrevocably waives any objection based on jurisdiction, residence, or forum non conveniens.

10B. International Arbitration (LCIA)

10B.1 The Agency may elect to resolve disputes through international arbitration under LCIA rules. 10B.2 Seat of arbitration: London, England. 10B.3 Governing law: England & Wales. 10B.4 Awards are final, binding, and enforceable worldwide. 10B.5 The Candidate is liable for all arbitration related costs.

11. Acceptance

11.1 Digital Acceptance Wording (Legally Enforceable)

Digital Acceptance and Electronic Signature

By completing registration on the Workplace Doctors website, submitting a CV electronically via email, clicking “I Agree”, “Register”, “Submit”, or any equivalent confirmation button, uploading documents, participating in any interview arranged by Workplace Doctors, or otherwise engaging with our digital systems, the Candidate:

1. Confirms that they have read, understood, and accepted the full Terms of Business for Candidates.

2. Agrees that all actions taken electronically constitute a valid electronic signature and create a binding contractual agreement between the Candidate and Consultavi Ltd T/A Workplace Doctors.

3. Acknowledges that digital acceptance carries the same legal force and effect as a handwritten signature under the Electronic Communications Act 2000, the E Sign Act, and internationally recognised electronic signature standards.

4. Accepts that all obligations, liabilities, fee responsibilities, indemnities, and restrictions set out in the Terms apply fully upon digital acceptance.

5. Agrees that acceptance by conduct includes:

o online registration

o CV submission

o clicking acceptance buttons

o participating in interviews arranged by Workplace Doctors

o accepting an Introduction to a Client

6. Acknowledges that Workplace Doctors may rely on digital logs, timestamps, IP addresses, portal activity, and electronic records as proof of acceptance and contractual formation.

7. Confirms that digital acceptance is irrevocable and enforceable in the courts of England & Wales, and may also be enforced through LCIA international arbitration.

12. Website Use & Online Systems (Consolidated Clause)

12.1 Website and Portal Access The Candidate may access the Agency’s website, online portal, and digital systems (“Online Systems”) for registration, document upload, job applications, and communication with the Agency.

12.2 Lawful and Proper Use The Candidate shall use the Online Systems only for lawful purposes and strictly in connection with genuine applications for medical roles. The Candidate shall not:

• misuse, disrupt, or interfere with the Online Systems;

• upload malicious code, viruses, or harmful content;

• attempt to gain unauthorised access to any part of the Online Systems or any data not intended for the Candidate.

12.3 Accuracy of Information Submitted Online - All information submitted via the Online Systems must be accurate, complete, and not misleading. Any false or misleading information constitutes a breach of these Terms.

12.4 Ownership of Content and Systems

Ownership of Content and Systems All intellectual property rights in the Online Systems are owned by or licensed to the Agency. The Candidate shall not copy, reproduce, distribute, or create derivative works from any part of the Online Systems except as necessary for legitimate use.

12.5 Security, Logs and Monitoring - The Agency may use digital logs, timestamps, IP addresses, device information, and portal activity records to:

• verify Candidate identity;

• evidence acceptance of these Terms;

• investigate suspected breaches;

• support enforcement and legal proceedings.

12.6 Third Party Platforms and Job Boards - Where the Candidate registers or applies via third party job boards or platforms that transmit the Candidate’s details to the Agency:

• such transmission constitutes an Introduction;

• these Terms apply in full from the moment the Agency receives the Candidate’s details;

• subsequent use of the Online Systems is governed by this clause.

12.7 No Guarantee of Availability or Continuity - The Agency does not guarantee uninterrupted availability of the Online Systems and may suspend, modify, or withdraw access at any time. Such suspension does not affect the Candidate’s obligations under these Terms.

12.8 Priority of Terms - If any website notices, FAQs, or portal messages conflict with these Terms of Business, these Terms of Business for Candidates shall prevail.

12.9 No Defence of Non Review or Failure to Read Terms (Email Link Acceptance)

12.9.1 The Candidate acknowledges and agrees that the Terms of Business were made available to the Candidate via electronic means, including (but not limited to) email links, website links, online registration pages, digital portals, or document attachments.

12.9.2 The Candidate agrees that failure to open, review, read, or understand the Terms of Business — whether due to oversight, omission, inattention, or the fact that the Terms were provided via an email link — does not invalidate acceptance, nor does it relieve the Candidate of any obligations, liabilities, fees, indemnities, or restrictions contained within these Terms.

12.9.3 The Candidate expressly acknowledges that accessibility of the Terms (including via hyperlink) constitutes proper and sufficient notice, and that the Candidate had a reasonable opportunity to read and understand the Terms prior to engaging with the Agency.

12.9.4 The Candidate agrees that claiming not to have read the Terms, not to have understood the Terms, or not to have accessed the Terms due to their format or delivery method shall not constitute a defence in any legal, arbitration, enforcement, or recovery proceedings.

12.9.5 The Candidate confirms that acceptance by conduct (as defined in Clause 11) applies fully regardless of whether the Candidate reviewed the Terms, and that contractual formation is complete upon any of the following actions:

• online registration;

• submission of a CV;

• clicking acceptance buttons;

• uploading documents;

• participating in interviews arranged by the Agency;

• accepting an Introduction to a Client.

12.9.6 The Candidate agrees that this clause is fair, reasonable, and necessary to ensure enforceability of digital acceptance and prevent avoidance of contractual obligations through claims of non review.

13. Role Variation Non Avoidance - The Candidate acknowledges and agrees that any variation, modification, adjustment, or re description of a role, Requirement, or position relating to an Introduction made by Consultavi Ltd T/A Workplace Doctors shall not relieve the Candidate of their obligations under these Terms, nor shall it constitute a new or different role for the purpose of avoiding or reducing liability.

For the avoidance of doubt, any change to job title, department, rota pattern, working hours, reporting line, duties, responsibilities, banding, grade, location, remuneration structure, or any other operational or administrative aspect of the role — including any movement to an Affiliated Hospital, department, unit, or associated organisation — shall not displace or diminish Workplace Doctors’ Effective Cause and shall not affect the Candidate’s liability under these Terms.

Any Engagement, extension, renewal, repeat Engagement, or new Engagement arising from or connected with the original Requirement — even where the Client varies the role — shall be deemed to arise from Workplace Doctors’ Introduction. The Candidate remains fully liable for all obligations, fees, indemnities, and enforcement costs set out in these Terms.

14. Variation and Updates to These Terms (No Prior Notice Required)

14.1 The Candidate acknowledges and agrees that Consultavi Ltd T/A Workplace Doctors may amend, update, modify, replace, or supplement these Terms of Business at any time, in whole or in part, without prior notice to the Candidate.

14.2 Any updated version of these Terms shall take effect immediately upon publication on the Agency’s website, online portal, digital systems, or upon being made available to the Candidate by electronic means, including (but not limited to) email, hyperlink, document attachment, or portal notification.

14.3 The Candidate agrees that continued use of the Agency’s services, Online Systems, website, digital platforms, or continued engagement with any Introduction, application, or recruitment process after such updates have been made shall constitute binding acceptance of the updated Terms.

14.4 The Candidate acknowledges that it is their responsibility to review the Terms periodically and to remain informed of any updates. Failure to review updated Terms shall not relieve the Candidate of any obligations, liabilities, indemnities, or restrictions contained within the updated Terms.

14.5 The Candidate agrees that claiming not to have seen, reviewed, or understood any updated Terms — whether due to oversight, omission, inattention, or because the Terms were provided via hyperlink or electronic format — shall not constitute a defence in any legal, arbitration, enforcement, or recovery proceedings.

14.6 All updates to these Terms are deemed fair, reasonable, and necessary to ensure compliance with legal, regulatory, operational, and commercial requirements and to protect the Agency’s legitimate business interests.

Strengthened Clauses

No Defence of Client Variation - Any variation, modification, adjustment, or re description of a role by the Client shall not constitute a new or different role for the purpose of avoiding liability under Clause 6.

Prior Knowledge Irrelevant - Prior knowledge of the Client or its affiliates does not relieve the Candidate of obligations under Clause 6.

Prohibition on Indirect Communications - The Candidate shall not initiate or respond to any communication with the Client without the Agency’s written consent.

Mandatory Disclosure of Client Contact -The Candidate shall immediately disclose any contact or enquiry from the Client or affiliated organisations.

Mandatory Disclosure of Offers - The Candidate shall immediately disclose any offer, conditional offer, informal offer, or expression of interest from the Client.

Client Initiated Contact - Still Constitutes Circumvention occurs regardless of whether the Candidate or Client initiates contact.

Prohibition on Use of Agency Materials - The Candidate shall not use any CV, credentialing pack, or documentation prepared by the Agency for direct or indirect applications.

Prohibition on Withdrawal and Re Application - Withdrawing from an Agency arranged process and re applying through another route constitutes circumvention.

Prohibition on Role Shopping - The Candidate shall not use information obtained through the Agency to pursue alternative routes to the Client.

No Reliance on Client Representations - Statements made by the Client do not relieve the Candidate of obligations under these Terms.

Circumvention Does Not Require Intent - Any prohibited act constitutes circumvention regardless of intention.

Liability Independent of Engagement Outcome - Liability arises upon breach of Clause 6 even if the Engagement does not proceed.

Joint and Several Liability for Third Party Submissions - The Candidate is liable where any third party submits their details to the Client.

Prohibition on Alternative Identities - The Candidate shall not use alternative emails, phone numbers, identities, or intermediaries.

Third Party Platforms - Any application via job boards or portals that results in the Client receiving the Candidate’s details constitutes circumvention.

Client Denial Irrelevant - The Candidate agrees that any denial, statement, or representation by the Client or any affiliated organisation that the Agency is “not involved”, “not entitled to a fee”, “not the source of the Introduction”, or “not the Effective Cause” shall not relieve the Candidate of any obligations under these Terms. Liability under Clause6 applies irrespective of any Client statements.

Duty to Provide Evidence Upon request - The Candidate shall provide all documents, communications, screenshots, emails, call logs, portal records, and evidence reasonably required by the Agency to investigate suspected circumvention or enforce these Terms. Failure to provide such evidence constitutes a breach.

Client Administrative Errors Irrelevant - The Candidate agrees that any administrative error, omission, miscommunication, or failure by the Client — including failure to record the Agency’s involvement — shall not relieve the Candidate of obligations under these Terms. Liability under Clause 6 applies irrespective of Client administrative processes.

No Defence of Misunderstanding - The Candidate agrees that misunderstanding, confusion, oversight, or lack of awareness regarding the identity, structure, affiliations, or recruitment processes of the Client shall not constitute a defence to any breach of Clause 6.

Affiliated Organisation Confusion Irrelevant - The Candidate agrees that any misunderstanding, lack of awareness, or confusion regarding the Client’s organisational structure, affiliated hospitals, subsidiaries, departments, or international branches shall not relieve the Candidate of obligations under Clause 6.

No Defence of Lack of Intent - Circumvention does not require intention. Any act prohibited under Clause 6 constitutes circumvention regardless of motive, purpose, or awareness.

No Defence of Assumed Non Involvement - The Candidate agrees that assumptions, beliefs, or misunderstandings regarding the Agency’s involvement — including assumptions that the Agency is no longer representing the Candidate — shall not relieve the Candidate of obligations under Clause 6.

Prohibition on Proxy Applications - The Candidate shall not use any friend, colleague, recruiter, representative, or third party to communicate with, apply to, or engage with the Client or any affiliated organisation. Any such proxy activity constitutes circumvention.