General
- Aquinas Education Limited ( “We” “Us”) provides an online technology platform (the “Platform”) through which individuals including teachers, teaching assistants, cover supervisors, exam invigilators and other positions required in schools (“Education Professionals” “You”) can connect with schools and colleges (“Schools”) and where Schools can post open positions (“Assignments”) for which Education Professionals are required.
- Schools can use the Platform to search for and evaluate Education Professionals and Education Professionals can post individual profiles and search for and evaluate School Assignments. Schools may offer an Assignment to Education Professionals via the Platform. The Education Professionals are free to accept or reject the Assignment and can communicate their decision via the Platform. Aquinas Education accepts no liability for any inability to access or use the Platform caused by system downtime or by technical issues beyond Aquinas Education control.
- When an Education Professional indicates via the Platform their acceptance of an Assignment, the Education Professional will be supplied to the School through one of Aquinas Education preferred umbrella companies ("the Umbrella").
- Where the supply of an Education Professional to a School is through an Umbrella, Aquinas Education will enter into a contract for services with the Umbrella and the Umbrella will employ the Education Professional and be responsible for all employer’s obligations including paying the Education Professional’s wages in respect of any Assignment obtained via the Platform. In such a case, as when Aquinas Education supplies Education Professionals directly, Aquinas Education acts as an employment business and an assignment fee (the “Assignment Fee”) is payable to Aquinas Education by the School.
- A School may identify an Education Professional, introduced via the Platform, as a suitable candidate for a permanent position. Where the School engages an Education Professional on a permanent basis
- Aquinas Education acts as an employment agency and an introduction fee (the “Introduction Fee”) is payable to Aquinas Education by the School.
- An Introduction Fee is also payable to Aquinas Education by a School in so called “temp to perm” situations when an Education Professional who has worked at such School on an Assignment is subsequently recruited by the School on a permanent basis within 14 weeks of the start of the Education Professional’s first Assignment with the School or within 8 weeks of the end of any of their Assignments with the School, whichever date is the later.
- These Terms of service are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales
Education Professionals
- For the avoidance of doubt, these Terms of service do not constitute a contract of employment between Aquinas Education and you or between you and the School.
- You acknowledge that a separate contract of employment between you and the Umbrella exists or will exist prior to commencement of your first Assignment. Aquinas Education will enter into a contract for services with the umbrella company in order to find you work assignments.
- Prior to acceptance of any Assignment Aquinas Education will — via the Platform, by email or by text message — provide you with the following information:
- the identity of the School;
- the date the Assignment is to commence and the duration or likely duration of the Assignment;
- the position which the School seeks to fill, including the type of work you would be required to do in that position, the location at which, and the hours during which, you would be required to work;
- details of the experience, training, qualifications and any authorisation which the School considers are necessary or which are required by law or a professional body for you to possess in order to work on the Assignment.
- By accepting an Assignment, you accept 32. a, b, c and d above and you confirm that you meet the criteria in 32.e above.
- You consent to Aquinas Education and the School and any other intermediary involved in supplying your services to the School, (such as the Umbrella) holding and processing data relating to you for legal, personnel, administrative and management purposes and, in particular, to the processing of any "sensitive personal data" as defined in any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or the General Data Protection Regulation 2018 or any successor legislation, relating to them including, as appropriate:
- information about your physical or mental health or condition to monitor sick leave and take decisions as to your fitness for work;
- your racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
- information relating to any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
- All personal data is collected and processed as set out in our privacy policy.
- You consent to the transfer of such information outside the European Economic Area (EEA) for purposes connected with the subject matter of these Terms of service.
Should we need to transfer data outside of the EEA, to ensure your personal information receives an adequate level of protection we will put in place appropriate security measures that ensure that your personal information is treated by any third parties in a way that is consistent with and which respects the EU and UK laws on data protection.
- You confirm that:
- the information supplied by you to Aquinas Education via the Platform is correct;
- you have the experience, training, qualifications and any authorisation which the School considers are necessary or which are required by law or by any professional body for the Education Professional to possess in order to perform the Assignment;
- you are not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business school or college) or any other reason, from fulfilling your obligations under this agreement; and
- You agree to reimburse Aquinas Education and the School in connection with any loss or expenses (including legal and other professional fees and expenses) which Aquinas Education or the School may suffer, sustain, incur, pay or be put to arising from or in connection with:
- any failure by you to comply with your obligations under this agreement;
- any negligent or fraudulent act or omission by you;
- the disclosure by you of any Confidential Information;
- any employment-related claim brought by you in connection with the Assignment; or
- the infringement by you of the School's intellectual property rights.
- Use of the Platform is at the discretion of Aquinas Education. Aquinas Education reserves the right to suspend or remove your profile from the Platform, and/or restrict your access to the Platform. Examples of reasons to restrict access to the Platform may include, but are not limited to, alleged provision of fraudulent qualifications or references, safeguarding concerns, or alleged unprofessional or incompetent behaviour.
- Aquinas Education may communicate changes to these Terms of service by posting revised Terms of service on the Platform. Changes that may have an adverse impact on you will be communicated to you prior to posting on the Platform. Your continued use of the Platform denotes continued acceptance of its Terms of service.