Terms & Conditions

Acceptance of these Terms and Conditions
These Terms are deemed to have been accepted and agreed to by an Expert once he has given permission for his name and/or full curriculum vitae to be passed to a Client.
These Terms are deemed to have been accepted and agreed to by the Client; upon his request for, and our subsequent disclosure of, the name and/or full curriculum vitae of a Member, or employment of, or contracting for services with a Member, by the Client within 12 months of any introduction made by the Firm.
The Terms shall also be deemed to be accepted and agreed by the Client if any parent, subsidiary or associate company, or partnership, employs, or contracts for services with, any Member introduced by the Firm within 12 months of any introduction made by the Firm.
The Client must give written notice to the Firm when the Terms are not accepted, and no variation is permitted without prior written agreement by us.

General
This website is owned and copyright by Expert Analysis Group Ltd, a UK based company established to introduce Experts, usually capital markets professionals, to Clients, and vice versa, for work on an interim or project basis.

We operate as an Employment Agency as described in the Conduct of Employment Agencies and Employment Businesses Regulations 2003. We are not the employer of the Expert.

We will try to find suitable work for Experts and suitable Experts for Clients. However, neither party is under any obligation to accept or offer work. There may be periods when there is no suitable Expert, or no suitable work, available and we shall incur no liability for this.

The terms Client, Expert, Employer, Employee and so on may be used as shorthand descriptors in this website and other material, without implying any specific contractual form of employment or self-employment status.

Masculine pronouns, are used throughout this website, and other Firm material, as a form of shorthand, without any implication as to actual gender. We comply fully with equal opportunity employment legislation and expect our Clients to do the same.

Expert Registration
To register with us as an Expert, the mandatory Summary Information fields must be filled out on the Join Our Group page of this website, and a username and password obtained. You agree to keep this password secret and are solely responsible for all use or misuse of this username and password. If you believe that someone else knows these details, you will inform us immediately.

You warrant that all information supplied by you to us is current and accurate, and you agree to notify us of any changes as soon as practicable, by amending your details on the website, or otherwise. You indemnify us against any reasonably foreseeable loss if such information is found to be not accurate and agree that your Membership may be terminated by the Firm. We reserve the right to edit content and suspend or terminate your Membership at our discretion.

Visa/Work Permits
The Expert must indicate under “working constraints” in the “summary information” section of the registration form, or otherwise, whether any work permits or visas need to be applied for, to enable him/her to work legally in the countries for which he has expressed a desire to be located. Further, it is the Client’s responsibility to ensure that such relevant permits or visas have been obtained, prior to engaging the Expert.

FSA or other Financial Regulator’s Registration
If employed in a “controlled function” according to the FSA rulebook in the UK, it is the responsibility of the Client to check the Expert’s past FSA registration, re-register, and on completion of contract de-register, the Expert with the FSA.
Similarly, it is the Client’s responsibility to ensure that any overseas financial regulator’s requirements are met during the period of engagement.
If the Expert has been subject to any FSA disciplinary action, or that of any other financial regulator, he must disclose this to both the Firm and the Client, prior to agreeing a contract.

Disclosure of Member’s Information
We will initially make available to Clients only Summary Information, which is insufficient to enable You to be identified, and then only to those Clients who have agreed to keep this information confidential, and use solely for the purpose of assessing Your suitability for engagement.

We will obtain Your permission before releasing Your name and contact details, or full CV, to a Client, and then only when that Client has specifically requested this information. We will keep a record of all such requests and releases.

We may disclose information if required to do so by law or by any Governmental body. We will not disclose Your information to any other third party, except as part of the sale of the whole or part of our Firm.

Data Protection, Privacy Policy and Unauthorised Access
In addition to own strict Privacy Policy, we shall comply with all applicable Data Protection laws in the UK. For a description of how we use personal data, please see our Privacy Policy, which is incorporated in these Terms, and has its own section of this website.
We will use our best endeavours to maintain confidentiality and protect data from unauthorized access through password protection and physical security. However, since the Internet is not a secure medium, data transmitted electronically via the website, or email, may be intercepted by others. The Firm does not assume responsibility for preventing such interception or access, beyond that which is required by law, and shall not be liable for any direct or indirect damage resulting from this.

Employment Status
In the UK, the Expert may be employed by the Client either as a:

The Firm will notify the Expert at the time of an offer on which basis the offer is made. By accepting these Terms you agree that you will indemnify us against all demands for NICS and any income tax, penalties and interest made against us in respect of the provision of services by the Expert to the Client and our cost of dealing which such demands.

Contract Terms and Payments
Contract terms will be agreed directly between the Expert, or his Limited Company, and the Client, and will include, at a minimum: the employment status of the Expert, the agreed Daily Rate or price for completion of the project, whether Overtime or Expenses are payable, the start date and contracted or estimated duration of the work, any notice period, whether VAT is chargeable, and the frequency and payment terms of invoicing (if other than our standard monthly billing with payment due after 14 days). The minimum billing period will be one day.
Where you are not a direct employee, invoicing and credit control may be conducted by the Firm on your behalf. The Expert will promptly inform the Firm of the contract terms, which we will then verify with the Client, so that we may set up the billing process, and also invoice the Client for our fee. The Expert will also inform us immediately of any subsequent variation of contract, specifically as regards to Daily Rate, extension of contract duration or contract ending earlier than originally expected. The Expert will also inform us immediately of any change to his VAT registration status, especially the likelihood of exceeding the VAT registration threshold in the next month.
Invoices will usually be submitted by the Firm on behalf of the Expert on a monthly, or completion of engagement basis if sooner, unless some other payment terms have been agreed. Payment is required within 14 days of invoice date and will be made by the Client into the Expert’s account.
If the Client believes that a self-employed Expert is likely to be deemed “employed” under UK HMRC IR35 legislation, he may require the Expert to contract with a third party, commonly known as an Umbrella Company, for the provision of the Expert’s services and the deduction of PAYE and National Insurance Contributions. However, unless this was agreed prior to the agreement of the contract, this must be discussed with the Expert and there should be allowance for an adjustment to the Daily Rate if required.
The Expert must keep a record of the days worked, and expenses incurred, for each Client with whom he is contracted, and supply these to the Firm and/or the Client on demand. In the event of any invoice query, it is the responsibility of the Expert to resolve this with the Client.
Unless the Expert is engaged as a direct employee of the Client, or otherwise agreed in the Contract, there will not normally be any notice period required, on either side, to terminate a contract. This is to ensure the maximum flexibility for all parties.
Expert Analysis Group reserves the right, both on behalf of the Expert, and for our own fees, to charge a late payment penalty at an annual rate of Libor plus 4 per cent.

Expert Analysis Group Fee
Where a Client has asked for, and received, an Expert’s name and/or contact details through the Firm, the Client is deemed to have agreed these Terms and may not engage that Expert, directly or through an associate, except through us, for a period of 12 months thereafter. Where such an engagement does occur, or where the Client has contracted directly with the expert within 12 months of the cessation of any interim or project work for which the Expert was introduced by us, the Client is liable to the standard fees (25% of the Daily Rate or project cost) payable to the Firm.
The Firm will invoice the Client either monthly, or on contract completion if sooner, for our fees. These will be calculated at 25% of the Daily Rate for as long as the Expert remains engaged under this contract, or any subsequent contract commenced within a period of 12 months from the end of the initial contract period, save for a contract of permanent employment. Payment terms are 14 days after invoice date and no refunds will be given.
If the Client wishes to employ the Expert on a permanent basis within 12 months of an introduction by the Firm, or within 12 months of the cessation of any interim or project work for which the Expert was introduced by us, then a full recruitment agency fee will be payable to us. This will be calculated at 30% of the first full year’s total compensation following this change to permanent employment. No further fees will then be due under these Terms.

Disclaimer of Liability
The Firm uses it’s best endeavours to provide a professional service to both Clients and Expert, and complies with all relevant legislation. However, it makes no representation about the accuracy of information contained in this website or our database. Experts are themselves responsible for the submission of their qualifications, experience and curriculum vitae and Clients agree to take sole responsibility for verification and determination of the suitability of an Expert for their specific needs. Similarly, in accepting a work contract, Experts assume responsibility for their own evaluation of the Client’s suitability, location and the working conditions under which they will operate, including compliance with the relevant Health and Safety Regulations.

We reserve the right to verify, at our discretion, the accuracy of any information submitted to us either by Expert or Client, including the checking of qualifications and the taking up of references. If inaccuracies are found, we may then take appropriate action, including termination of membership and informing the other party to any work contract in place.

Responsibility for the production and quality of any work under the Contract rests solely with the Expert, not the Firm, and it is the responsibility of the Client to ensure that such procedures as may be necessary are in place to manage this.

Expert Analysis Group requires Clients, who engage Experts in the UK, to do so in full compliance with the Employment Act and Health and Safety at Work Act, and any other relevant government or industry regulations and disclaims any liability from any failure to comply with these regulations by either party. Similarly, where the Expert is engaged in work outside the UK, compliance with relevant government legislation is required.

In the event of an Expert accepting work from a Client, Expert Analysis Group makes no judgement about, and will not be held responsible for the terms under which this work is carried out. Specifically, the form of employment or self-employment, liability to PAYE, National Insurance Contributions, or any other taxes or withholdings will be determined solely between the Client and the Expert, as will any entitlement to any employment benefits. Expert Analysis Group specifically denies any liability to any taxes or withholdings that may be due, or deemed to be have been due at a later date.

In the event of disagreements between Client and Expert, the Firm will attempt to act as a mediator, however, save for the initial introduction and invoicing and payment services provided, we have no ongoing responsibility to either party for the outcome.

Expert Analysis Group scans incoming emails and uploaded cv’s to check for computer viruses, worms etc. However, we will not be liable to the users for any damage resulting from exposure via our email or website to these or any other potentially damaging items, nor for the lack of availability of the site due to technical or any other reasons.

Confidentiality and Intellectual Property
The Firm requires all Experts to treat any information learned about; the Client, the Client’s business methods and models, investment portfolio, or any other proprietary information in the course of carrying out his engagement, with the utmost confidentiality. It is likely that a Client will require the Expert to sign its own confidentiality agreement prior to commencing work. The Firm, however, cannot be held responsible for any breach of confidentiality agreed to between Experts and a Client.
Any intellectual property produced by the Expert while contracted with the Client, is and remains the property of the Client after the completion of the contract. The Expert may not disclose this information to any other person, save for that which can reasonably be deemed to be in the public domain, unless given permission to do so by the Client.

Law
These Terms and any contract into which these Terms are incorporated are governed by English law and any dispute is subject to the exclusive jurisdiction of the English courts.

Expert Analysis Group Limited is authorised and regulated by the Financial Services Authority.