online recruitment and job placement into the 21st century

Terms and conditions (Permanent)

Interview candidate

INTRODUCTION OF PERMANENT OR CONTRACT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT.

These Terms of Business are between:- Tailored Recruitment UK Ltd, (“client”)

1. Definitions

1.1In these Conditions the following expressions shall be given the following meanings:

1.1.1"TRUL" - Tailored Recruitment UK Ltd.
1.1.2 "the Agency" - Tailored Recruitment UK Ltd, an employment business.
1.1.3 "the Client" - any person, firm, company or organisation together with any subsidiary or associated company as defined in the Companies Act 1985 who approaches the Agency with a view to engaging or otherwise employing a Candidate.
1.1.4 "Candidate" - a person introduced by the Agency to the client for the purpose of an Engagement.
1.1.5 "Engagement" - the engagement, employment or other use of the candidate by the client or any third party on a permanent, contract or temporary basis whether under a contract for service or contract for services or otherwise, under any agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Candidate is an officer or employee.
1.1.6 "Introduction" - means (i) when TRUL notifies the Client of a Candidates details. (ii) The Client's interview of a Candidate in person or by telephone; or (iii) the passing to the client of a curriculum vitae of information which identifies the Candidate; and which leads to an Engagement of that Candidate.
1.1.7 "Month" - means a calendar month.
1.1.8 "Week" - means seven consecutive days.

1.1.9 “Remuneration” includes base salary or fees, guaranteed bonus and commission earnings, allowances, inducement payments, and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidates for services rendered to or on behalf of the Client.

Unless the context requires otherwise, references to the singular include the plural.

The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

In these Conditions words importing the singular shall include the plural and vice versa. The paragraph headings in these Conditions shall be for convenience and shall not affect the interpretation of these Conditions.

2. Acceptance of Terms

2.1These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the client by virtue of an introduction to, or the Engagement of a Candidate or the passing of any information about the Candidate to any third party following an Introduction.

2.2These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.

2.3No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such variation terms shall apply.

2.4The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such provision for any purpose or of the remaining provisions. Any such provision shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance.

3. Notification and Fees

3.1 The Client agrees:

a) To notify the Agency immediately of any offer of an Engagement which it makes to the Candidate

b) To notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to the Agency, and

c) To pay the Agency’s fee within 30 days of the date of invoice

. Except in the circumstances set out in clause 6.c below, no fee is incurred by the Client until the candidate commences the Engagement when the Agency will render an invoice to the Client for its fees.

The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 2.5% per annum above the base rate from time to time of the Bank of England.from the due date until the date of actual payment. we understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

Scale of fees — fees charged for the introduction of permanent or contract staff are calculated as a percentage of the commencing annual salary, including weighting or similar tax emoluments. the scale of fees shown below is appropriate to all types of staff..

3.2 The introduction fee shall be calculated for all salary levels as follows:

Place of work

Introduction fee as a percentage of remuneration<

London, West End

15%

All local areas

TBA

3.3All monies due hereunder shall be paid by the Client within 30 days of date of invoice by the Agency.

3.4The Agency reserves the right to charge interest on invoiced fees overdue by more than 30 days at the rate of 2.5% of invoice value for each period of 30 days or part thereof of delayed payment calculated from the date of the invoice. Interest will apply both before and after any court judgment.

3.5In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.2 will apply pro rata. There shall be no entitlement to a refund. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Candidate within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is sooner.

3.6If the client subsequently engages the Candidate within the period of 6 calendar months from the date of termination of the Engagement or Withdrawal of the offer, a full fee calculated in accordance with clause 3.2 above becomes payable with no entitlement to refund from the due date until the date of actual payment. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

4 Rebates and Refunds:

In order to qualify for a rebate, the Client must pay Tailored Recruitment UK Ltd within 7 days of the date of invoice and must notify The Employment Agency in writing of the termination of the Engagement within 30 days of its termination.

4.1 If the Engagement terminates before the expiry of 10 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Scale of Rebates set out in these Terms of Business.

4.2 In circumstances where clause 3.6 applies the full fee stated in clause 3.2 is payable and there shall be no entitlement to a refund.

5. Termination

5.1In the event of a Candidate terminating and/or the Client lawfully terminating an Engagement within 10 weeks(all depends what sliding scale you chose) of the date upon which such Candidate commenced work for the Client and provided that:-

  1. all monies due under have been paid by the Client in accordance with Condition 3C.
  2. such termination is not as a result of redundancy, pregnancy, injury or ill-health;
  3. the Engagement did not arise as a result of a temporary assignment through the Agency;

the Client serves notice on the Agency in writing at its registered office of the termination of the Engagement within 14 days thereof; and neither the Client nor any subsidiary, associated or holding company shall engage the Candidate within 6 months from the date of the termination of the Engagement; then provided the Client has adhered to the time limits in this Condition, the Client shall receive a rebate calculated as follows:

6. Sliding Scale of Refund subject to what fee of your choice. please see information for employers.

Week in which the Candidate leaves

% of introduction fee refund

1-4

90%

4- 6

40%

6- less than 10 weeks

10%

10 weeks and over

NIL

a The following scale of refund only applies in the event that the Client complies with the provisions of clause 3.1 of these Terms of Business.

b There will be no refund where the Candidate leaves during or after the 10th week of the Engagement.

c Where the Candidate leaves during the first 10 weeks of the Engagement, a partial refund of the introduction fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions in clause 4.

d In the event of the Client cancelling the Engagement after an offer of an Engagement has been made to the Candidate a minimum fee shall become payable, which shall be £500 of the total fee agreed and is subject to VAT.

e In the event that a Candidate fails to commence an Engagement, no fee is applicable.

7 . Introductions

7.1Introductions of candidates are confidential. The disclosure by the client to a third party of any details regarding an Candidate introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.2 with no entitlement to any refund. An Introduction is made when TRUL notifies the Client of a Candidates name and/or provides the Client with a Candidates details.

7.2If a Candidate is subsequently introduced by another Agency, this subsequent introduction shall not in any event nullify TRUL's Introduction.

7.3An introduction fee calculated in accordance with clause 3.2 will be charged in relation to any Candidate engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency's introduction.

7.4 Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.2 on the minimum level of remuneration applicable for the position in which the Candidate has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.

7.5 In the event that any employee of the Agency with whom the Client has had personal dealings accepts an Engagement with the Client within 6 months of leaving the Agency's employment, the Client shall be liable to pay an introduction fee to the Agency in accordance with clause 3.2

8. Obligations of the Agency

8.1The Agency will use its reasonable endeavors to introduce to the Client a suitable Candidate to carry out work for the Client of such nature as the Client shall notify to the Agency when placing its order for a Candidate.

8.2The Agency is unable to guarantee that it will be able to introduce a Candidate to the Client to accept any Engagement offered by the Client.

8.3The Agency endeavors to take all such steps as are reasonably practicable to ensure that the Client and Candidate are aware of any requirements imposed by law or any professional body to enable the Candidate to work in the position which the Client seeks to fill.

8.4The Agency endeavors to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate.

9. Obligations of the Client

9.1The Client shall satisfy itself as to the suitability, for the purposes for which the Candidate is required by the Client, of any Candidate before engaging such Candidate.

9.2 The client shall take up any references provided by the applicant to it or the employment agency before engaging such applicant. the client is responsible for obtaining work permits and /or such other permission to work as may be required, for the arrangement of medical examinations and /or investigations in to the medical history of any applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the applicant is engaged to work

9.3 client undertakes to provide to the employment agency details of the position which the client seeks to fill, including the type of work that the applicant would be required to do the location and hours of work, the experience, training, qualifications and any authorization which the client considers necessary or which are required by law or any professional body for the applicant to possess in order to work in the position, and any risks to health or safety known to the client and what steps the client has taken to prevent or control such risks. In addition the client shall provide details of the date the client requires the Applicant to commence, the duration or likely duration of the work the minimum rate of remuneration, expenses and any other benefits that would be offered, the intervals of payment or remuneration and the length of notice the applicant would be entitled to give and receive to terminated the employment with the client.

10. Liability and Indemnity

The Agency shall not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with an Engagement and, in particular, but without limitation to the foregoing, any such loss, injury damage, expense or delay arising from or in any way connected with:-

  1. Failure of the Candidate to meet the requirements of the Client for all or any of the purposes for which he is required by the Client;
  2. Any act or omission of a Candidate, whether willful, negligent, fraudulent, dishonest, reckless or otherwise;
  3. Any loss, injury, damage, expense or delay incurred or suffered by a Candidate.

PROVIDED THAT nothing in this Condition 8 shall be constructed as purporting to exclude or restrict liability of the Agency to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability, any exclusion or limitation of which is prohibited by law.

PROVIDED THAT this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an Engagement.

10.1 The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Agency set out herein are reasonable and reflected in the fee payable to the Agency hereunder and shall accept risk and/or insure accordingly.

11. Jurisdiction

11.1 These Terms and Conditions shall be constructed and governed by the laws of England and all disputes, claims and proceedings between the parties relating to the valid construction or performance of this agreement shall be subject to the jurisdiction of the English Courts.

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Date....................................Company Name...........................................

PLEASE NOTE FOR TEMPING CONDITIONS PLEASE EMAIL ENQUIRIES OR CALL 01920 870753