Dorson Services Terms and Conditions

1. About these Terms

1.1 This website is operated by Dorson Trading Ltd, a company registered in Ontario, Canada under corporation number , trading as Dorson Services ("Dorson Services", "we", "us", "our"). Our registered office is at Unit 214, Dundas Street East, Mississauga, Ontario L4Y 2C1, Canada. Our Gulf operations office is at Office 556, Regus, Sahara Healthcare City, Al Nahda, Sharjah, United Arab Emirates.

1.2 These Terms apply to anyone who uses our website and to every business that requests, receives or pays for our Services. By using the website or instructing us, you accept these Terms.

1.3 Our Services are offered to businesses only and are not offered to consumers. Candidates may use the website and contact us; section 6 explains how we deal with them.

1.4 Where we sign a written engagement agreement, proposal or statement of work with a Client (an "Engagement Agreement"), that document prevails over these Terms to the extent of any conflict. Terms contained in a Client's purchase order, supplier portal or general conditions do not apply unless we accept them in writing.

2. Definitions

3. Our Services

Dorson Services is an international workforce sourcing company. We identify and pre-qualify skilled tradespeople currently employed in the Gulf region for employers and placement agencies in Europe. Depending on the Engagement, our Services may include:

1. understanding the Client's requirement (trade, number, salary, location, start window, certification and language needs);
2. sourcing and shortlisting Candidates;
3. verifying Candidates' employment history, qualifications and identity documents against the evidence available to us;
4. preparing a structured candidate file and coordinating the authentication and translation of documents;
5. coordinating interviews, trade tests and the documentation timeline;
6. arranging certification or language training where the Client requests and funds it;
7. following up after the Start Date, including retention checks.

4. What we do not do

4.1 We are not the employer of any Candidate, before or after an Introduction. The employment relationship is formed directly between the Employer and the Candidate under the law that governs it.

4.2 We do not supply, second, post or lease workers, and we do not provide temporary agency work, including Arbeitnehmerüberlassung within the meaning of the German Temporary Agency Work Act (AÜG). No Candidate works for a Client under our direction or supervision.

4.3 We do not file work-permit, residence-permit or visa applications on anyone's behalf and do not represent anyone before immigration authorities. The Employer files the employer-side applications Applicable Law requires, and the Candidate lodges their own visa application.

4.4 Decisions on work permits, recognition of qualifications, visas and residence permits are made solely by the competent authorities. We cannot influence those decisions and give no assurance that any permit, recognition or visa will be granted, or within any particular time.

4.5 We do not guarantee that any Candidate will accept an offer, start work or remain employed.

5. Who we work with: regulated activities

5.1 In several countries, bringing employers and job-seekers together for a fee (described as employment placement, intermediation or mediation) may be carried out only by providers holding a national licence, registration or authorisation.

5.2 We provide our Services consistently with those rules:

• Where Applicable Law reserves the activity to authorised providers, we provide our Services to a Placement Agency that holds the required authorisation. The Placement Agency performs the placement and manages the relationship with the Employer under its own authorisation, and we act as its sourcing supplier.
• Where Applicable Law does not require such an authorisation (as is currently the case for private recruitment and placement services in Germany), we may provide our Services directly to the Employer.

5.3 Each Placement Agency warrants that it holds, and will maintain throughout the Engagement, every authorisation Applicable Law requires of it, and will tell us promptly if any authorisation is suspended, withdrawn or restricted.

5.4 Nothing on this website is an offer to provide a regulated service in a jurisdiction where we are not permitted to provide it, or a representation that we hold any particular national licence or registration unless we state so expressly.

6. Candidates: no fees, ever

6.1 We never charge Candidates any fee, cost, deposit or deduction (for registration, selection, interviews, documents, authentication, training, certification, travel or placement), and we do not allow anyone acting for us to do so. Our fees are paid only by Clients.

6.2 We follow the principle that the employer pays, consistent with Article 7 of ILO Convention No. 181 on Private Employment Agencies.

6.3 If anyone asks you for money in the name of Dorson Services, or offers you a job in our name in return for payment, it is fraud. Do not pay. Report it to report@dorsonservices.com. Genuine messages from us come only from email addresses ending in @dorsonservices.com.

6.4 Sending us your details does not create an employment relationship, an offer of employment or a promise of placement. We present Candidates only against a specific Client requirement, and only with the Candidate's consent.

6.5 Candidates must be at least 18 years old.

6.6 Our Privacy Policy explains how we handle Candidates' personal data.

7. Client obligations

Each Client will:

1. give us accurate, complete and lawful requirements, including salary, working hours, accommodation and any costs the Candidate will bear, of which there must be none relating to recruitment;
2. where the Client is an Employer, employ the Candidate directly on terms that comply with Applicable Law and are no less favourable than those the law requires for comparable local workers;
3. file, in its own name, every employer-side application Applicable Law requires, and give the Candidate all information the law requires an employer to provide;
4. not charge, deduct or recover from any Candidate any recruitment, placement, training, travel or documentation cost, directly or indirectly, and ensure that its own contractors do the same;
5. not retain any Candidate's passport or identity documents;
6. fund any certification or language training it requires, on terms agreed in writing before the training begins;
7. process Candidates' personal data only for the Engagement, as an independent controller and in accordance with Applicable Law, including the GDPR where it applies;
8. tell us promptly of each offer, acceptance, Start Date and early termination, and confirm a Candidate's employment status at the intervals agreed in the Engagement Agreement;
9. comply with Applicable Law, including equal-treatment and anti-discrimination law, in all its dealings with Candidates.

8. Candidate information

8.1 We verify Candidate information with reasonable care against the evidence available to us, including employment and salary records, qualification certificates and identity documents. Our verification is not an audit and does not replace the Client's own checks.

8.2 Candidate files contain information provided by the Candidate and by third parties such as current or former employers and certification bodies. We do not warrant that it is complete or accurate. The Client remains responsible for its hiring decision, for the right-to-work, qualification-recognition and safety checks Applicable Law requires, and for the terms it offers.

8.3 A Client may use an Introduction only for the Engagement for which it was made.

9. Fees and payment

9.1 Our fees are fixed amounts per Candidate, agreed in writing in advance, and are payable by the Client only. We do not charge fees calculated as a percentage of a Candidate's salary.

9.2 Unless the Engagement Agreement states otherwise, a fee becomes due on the Candidate's Start Date. An Engagement Agreement may provide for a milestone payment on visa issuance.

9.3 Agreed pass-through costs (for example document authentication, translation, certification or travel) are invoiced at cost as itemised in the Engagement Agreement. None of them is recovered from the Candidate.

9.4 Invoices are payable within 30 days of the invoice date, in the currency stated, without set-off or deduction. Amounts unpaid when due bear interest from the due date until payment at 12% per annum (1% per month), or the maximum rate permitted by law if lower.

9.5 Fees are exclusive of VAT and other taxes. Where the reverse-charge mechanism applies, the Client accounts for VAT in its own jurisdiction.

10. Replacement and non-circumvention

10.1 Unless the Engagement Agreement provides otherwise, if a Candidate's employment ends within 90 days of the Start Date for any reason other than redundancy, the Client's breach or a material change in the role, we will use reasonable efforts to introduce one replacement Candidate without further fee, provided the fee has been paid in full and the Client notifies us within 7 days of the employment ending.

10.2 If, within 12 months after an Introduction, the Client (or any business to which the Client introduces the Candidate) employs or engages that Candidate in any capacity and by any route, the Client will pay our fee for that Candidate as if the Candidate had been placed through us.

10.3 The Client will not approach our sourcing partners in connection with a Candidate we have introduced, or ask a Candidate to bypass us.

11. Confidentiality and data protection

11.1 Each party will keep confidential the other's non-public business information received in connection with an Engagement and use it only for that Engagement.

11.2 Each party is an independent controller of the personal data it processes. When we transfer a Candidate's data to a Client with the Candidate's consent, the Client becomes responsible for that data under Applicable Law.

11.3 Our Privacy Policy explains how we process personal data.

12. Responsible recruitment

We commit that:

1. no Candidate pays for their recruitment;
2. Candidates hold their own passports and identity documents at all times;
3. we speak to every shortlisted Candidate directly and independently of any current employer to confirm consent, understanding and that no fee has been charged;
4. we do not encourage any Candidate to break a current employment contract;
5. where a Candidate leaves a current contract before its end, this is done only by written agreement with his employer and at no cost to the Candidate;
6. we give Candidates accurate information about the role, salary and country before they accept;
7. we keep records that allow a Client to evidence these commitments in its own supply-chain due-diligence reviews, subject to data protection law.

13. Using our website

13.1 The website is provided for information. We may change, suspend or withdraw it at any time without notice.

13.2 You must not use the website unlawfully, attempt to gain unauthorised access to it, introduce malicious code, extract its content by automated means, or submit false information.

13.3 All content on the website, including text, design, logos and the Dorson Services name, belongs to us or our licensors. You may view and print pages for your own business use; you may not otherwise copy, adapt or publish them without our written consent.

13.4 Links to other websites are provided for convenience. We are not responsible for their content or practices.

13.5 Information on the website about laws, permits and procedures is general, may change, and is not legal advice.

14. Liability

14.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

14.2 Subject to 14.1, we are not liable for any indirect or consequential loss, or for loss of profit, business, contracts, goodwill or anticipated savings, however arising.

14.3 Subject to 14.1, our total liability arising from or in connection with an Engagement, whether in contract, tort (including negligence) or otherwise, is limited to the fees paid to us for that Engagement in the 12 months before the event giving rise to the claim.

14.4 We are not liable for any decision of an authority on a permit, recognition or visa, or for any act or omission of a Candidate, an Employer, or a Candidate's current or former employer.

14.5 The website is provided "as is". To the extent permitted by law, we give no warranty that it will be uninterrupted, error-free or free of harmful components.

15. Indemnity

The Client will indemnify us against losses, fines, claims and reasonable costs arising from (a) the Client's breach of section 5.3 or section 7, or (b) any claim that the Client or its contractors charged a Candidate a recruitment cost or retained a Candidate's documents.

16. General

16.1 Changes. We may update these Terms by publishing a new version on the website. The version in force when an Engagement is accepted applies to that Engagement unless both parties agree otherwise in writing.

16.2 Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in force.

16.3 Assignment. A Client may not assign or transfer its rights or obligations without our written consent.

16.4 No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us and any Client or Candidate.

16.5 Notices. Notices must be in writing and sent to the addresses in section 18 or in the Engagement Agreement.

16.6 Events beyond our control. Neither party is liable for delay or failure caused by events beyond its reasonable control, including the closure of consulates, changes to immigration rules or the suspension of government systems.

16.7 Entire agreement. These Terms and any Engagement Agreement form the entire agreement between us and a Client about their subject matter.

17. Governing law and jurisdiction

These Terms, and any dispute arising from them or from use of the website, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it. The courts of Ontario sitting in Toronto have exclusive jurisdiction, unless an Engagement Agreement provides otherwise. Nothing in this section deprives any person of a protection given by the mandatory law of their country of residence.

18. Contact