Use of the Adia online platform is free of charge for all Users.
REGISTERING AS A CLIENT
Anyone looking for a temporary employee must register as a Client. Only legal entities with registered offices in the United Kingdom may register. By registering, the Client confirms that it has the necessary permits for its company. It also undertakes to comply with all employment regulations, and applicable law. The person who carries out the registration as a Client for a legal entity confirms that he is authorised to represent this legal entity.
The information provided by the Client during registration must be true. All documents required by the Client must be available to the Client at the time of registration and ATL is entitled at all times to request missing or expired documents. If the Client does not comply immediately with such request, ATL is entitled to immediately block access by the Client to Adia and immediately terminate any contracts with the Client. Any other rights of ATL in the event of missing or incorrect information, in particular claims for damages, are reserved.
KEEPING USERNAMES AND PASSWORDS SAFEAdia usernames and passwords created by the Clients during the registration process must be kept safe and not shared with third parties. If the username and password fall into the hands of third parties, ATL must be informed immediately. The Client is accountable and liable for the sharing of usernames and passwords within it’s organisation including but not limited to any timesheet approvals via Adia regardless of whether the individual at the Client has approval authority. The Client is also liable for the actions of unauthorised third parties, as well as for its own actions.
CONTRACTS WIT CLIENTS
The Client undertakes to sign all the contract documents legally. This can be done either by: (i) an electronic signature or (ii) signing the printed contract documents and returning them to ATL. In any event, the Client undertakes to send to ATL a legally signed original copy of each contract document. If the Client fails to return a duly executed copy of the ATL Client Terms and Assignment Contract, acceptance of a Candidate onto the Client site or shift location shall be deemed to be acceptance of ATL Client Terms and the Assignment Contract.
The Client agrees that in relation to a Candidate who is already directly engaged by the Client (“Client Pool Candidate”), the Client will issue an applicable variation to the contract with the Client Pool Candidate to take account of the use of Adia.
TIME RECORDINGAdia provides a time recording functionality for each Candidate assignment. As soon as the Candidate arrives at the agreed place of work, he will be able to check in to the assignment via Adia. Before leaving the place of work again, the Candidate must check out from the assignment via Adia. The Client can verify this information about the check-in and check-out from the assignment, and it can then confirm or correct the information provided by the Candidate and approve the time worked via Adia. If the Candidate is unable to check-in and/or check-out on arrival and departure at the assignment, he can do so as soon as possible thereafter or the Client can complete this for the Candidate.
ASSESSMENT AT THE END OF THE ASSIGNMENT
After the end of each assignment, both the Candidate and the Client are invited to assess each other. All assessments must be done carefully, conscientiously and according to the criteria laid down by Adia.
Ratings are based on star ratings of 1-5 with 5 stars being highest and are purely the decision of the Candidate or Client as applicable with no input from ATL.
GENERAL OBLIGATIONS OF CLIENTS
Clients are obligated to ensure that all the information required for registration is complete and truthful, and to submit all required documents and supporting documents. Any changes to the information provided must be updated immediately via Adia. Likewise, every Client is required to notify ATL of any changes that may affect his eligibility to participate in this relationship, in particular with regard to registration with Companies House, operating permits, or financial difficulties including being placed into receivership, administration or insolvency. ATL may review the information provided at any time and request any necessary supporting documents. If it is determined that a Client has not fully complied with these obligations, ATL is entitled to block the Client’s access to Adia and terminate all existing contracts with immediate effect.
The Client voluntarily and expressly acknowledges and accepts that it is solely and exclusively responsible for its use of Adia. The Client is not permitted to perform any actions that could affect the reputation, interests or rights of ATL or its affiliates, or that harm or compromise the Adia platform, or that may interfere in any way with the normal use by other Users.
The Client hereby grants a non-exclusive worldwide right for ATL and its affiliates to use the Client’s logo and branding for the purposes of being referred to as a client of ATL or its affiliates in relation to Adia for marketing purposes.
SECURITYAdia employs appropriate security measures to detect viruses. Nevertheless, each Client must be aware that the existing security measures for computer systems on the Internet do not provide complete protection. Adia does not warrant that there are no viruses or other elements that may cause changes to Clients’ computer systems (hardware and software) or to the data stored in their systems.
INTELLECTUAL PROPERTY RIGHTS
All content of the Adia online platform and the associated applications and websites are either owned by ATL or have been licensed to ATL for use. All content, such as images, photographs, illustrations, text, source code, components and other materials, is protected worldwide by copyright, design law, trademark and other intellectual property rights. The Client agrees to respect all ATL intellectual property rights and those of third parties at any time, and shall not extract, reproduce, convert or distribute any content whatsoever.
No title or right, or any intellectual property or other right, express or implied, is transferred to the Client by virtue of this Agreement. The license granted hereunder is limited solely to the right to access Adia via the World Wide Web and does not include the transfer or distribution of software or source code to the Client. The Client shall not, and shall not permit any User or third party to copy, transmit, distribute, sell, rent, lease, transfer, reproduce, modify, adapt, enhance, translate, reverse engineer, disassemble, decompile, attempt to derive source code, or create derivative works or competing products from, Adia, services or documentation, or any software, source code or components thereof.
The Client shall not, and shall not permit any User to, engage in any of the following prohibited acts (i) attempting or gaining access to data not intended for the Client or logging into accounts or Adia areas which the Client is not authorised access; (ii) probing or breaching Adia security measures; (iii) transmitting or modifying any data or information that the Client does not possess the lawful right to transmit or modify; (iv) accessing Adia in violation of any applicable local or international law, rule or custom; (v) accessing Adia to harm, threaten, harass, or to infringe the privacy or rights of, any person or entity or in violation of any English laws or regulations; and (vi) using any information accessed from Adia for other than the properly licensed purpose hereunder.
The Client shall notify ATL immediately if it becomes aware of any use or conduct that violates any of the prohibitions in the above paragraph. The Client shall indemnify and defend ATL and its licensors from any claims, damages or expenses (including legal fees) arising from any actual or alleged improper use or conduct by any User or third party under the Client’s account. Notwithstanding anything stated herein, ATL reserves the right to terminate, restrict or deny use of or access to Adia, services or documentation by or to any User that ATL reasonably determines is or may be engaged in improper use or access or remove any documents which infringe this clause 10.
LINKS AND LINKINGAdia may display links to other websites operated by third parties not affiliated with ATL. The inclusion of such links to third party websites does not constitute implied endorsement by ATL of these sites. ATL has not reviewed all of the external sites linked to the website and is not responsible for the content or accuracy of those sites, or other sites linked to the website. The use of a link to an external site or to third-party sites is at the user’s own risk.
EXCLUSION OF LIABILITY/LIMITATION OF LIABILITY
No warranty or assurance is given by ATL as to whether the Adia online platform or its content is correct, complete, error-free or reliable, or that its usage does not infringe any third party’s rights, that it will work in combination with other hardware, software, systems or data not provided by ATL or that all program errors will be corrected. No warranty or assurance is given by ATL that the functional aspects of the Adia online platform or that the server through which Adia or its content is made available is free from viruses or other harmful components. The use of the Adia online platform and its content is at the Client’s own risk and is made available “in the existing state” and “depending on availability” without any warranty of any kind.
ATL does not provide any guarantee that Adia and its services will be available without restriction, and reserves the right to make changes to the platform and the service offer at any time and without prior notice. ATL and its licensors expressly disclaim all express or implied warranties, including but not limited to the implied warranties of fitness for particular purpose, merchantability, title or non-infringement. No act or statement by ATL or its personnel shall operate to make or constitute a warranty or representation.