Terms of Business
Terms of Business
TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF. THESE TERMS OF BUSINESS SHALL BE EFFECTIVE, WHETHER OR NOT SIGNED BY THE CLIENT.
THE PARTIES
The Agency: Quad Recruitment Ltd (registered company no. 09634076) of Chester Business Park, 1HoneyComb West, Chester, CH4 9QH (“The Agency”).
Any person, firm, or company whom the Candidate is Introduced (“The Client”). For the avoidance of doubt the Client shall also include any subsidiary or associated person, firm, or corporate body (as the case may be) to whom the Candidate is Introduced.
The Engaging Client
1. DEFINITIONS
1.1. In these terms of business, the following definitions apply: Cancellation Fee: This means the fee payable by the Client to the Agency where the Client either (a) withdraws an offer of Engagement made to the Candidate before the Candidate has accepted the offer or (b) withdraws an offer of Engagement made to the Candidate after the Candidate has accepted the offer, but where the Candidate has not yet commenced the Engagement.
Candidate: Means the person Introduced by the Agency to the Client for an Engagement including any officer, employee, or other representative of the Candidate if the Candidate is a corporate body, and a member of the Agency’s own staff. For the avoidance of doubt, in the event of multiple hires, a fee in accordance with these Terms will be due for every individual Candidate hired by the Client. Data Protection Laws: This means the General Data Protection Regulation (EU 2016/679) or any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data. Engagement: Means the Engagement (including the Candidate’s acceptance of the Client’s offer), employment, or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement or joint venture; or any other Engagement; or through a limited company of which the Candidate is an officer, employee or another representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly. Introduction: Means (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate including that which is provided to the Client on a speculative basis or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means); and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly. Introduction fee: This means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement.
Losses: Means all losses, liabilities, damages, costs, expenses, fines, penalties, or interest, whether direct, indirect, special, or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands.
Remuneration: Includes gross base salary, wages or fees, guaranteed and/or anticipated bonus and ` dividends, profit shares, stock, stock options, stock buyouts and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client or any third party.
1.2. Unless the context requires otherwise, references to the singular includes the plural and the masculine includes the feminine and vice versa.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These terms of business (“the Terms”) constitute the contract between the Agency and the Client for the Introduction of permanent or contract staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate to any third party following an Introduction.
2.2. These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a Director of 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 varied terms shall apply.
2.4. The Agency acts as an employment agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.
3. NOTIFICATION AND FEES
3.1. The Client agrees to:
3.1.1. Notify the Agency immediately of the terms of any offer of an Engagement which it makes to the Candidate.
3.1.2. Notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and
3.1.3. Pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, by the due date for payment in clause 3.2.1
3.2.1 The Introduction Fee calculated in accordance with clause 3.3 below is payable if the client engages the candidate within the period of Twelve (12) calendar months from the date of (a) the introduction, (b) the client’s withdrawal of an offer of Engagement or (c) the candidate’s rejection of an offer of an Engagement, (whichever is the later)
3.2.2. If the Client does not pay fees within the 7 Day period as agreed by acceptance of these terms and conditions The Agency will not be bound to offer any rebate or re-run of services as laid out in this document.
3.3. The Introduction Fee is calculated as follows:
For the introduction of Permanent staff, the fee payable to The Agency by The Client for an introduction resulting in an engagement is the amount equal to 30% of the first year’s salary.
3.4. Where the client and the agency have agreed, in advance that the client will be liable for expenses incurred in connection with an introduction, including but not limited to the candidate or agency staff’s essential travel, the agency will render an invoice to the client for such expenses once either (a) the candidate has commenced the engagement or (b) the client ends the recruitment process for the candidate. For the avoidance of doubt, the client will be liable for the agreed expenses regardless of whether the candidate commences an engagement.
3.5. The Client’s obligations under this clause 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings, or other similar rights. regardless of whether the Candidate commences an Engagement. Honeycomb West, Chester business Park, Chester, CH4 9QH www.quadrecruitment.com | 01244 621477 Company Registration Number: 09634076
3.6. VAT is charged at the standard rate on all fees.
3.7. The agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the bank of England from the due date until the date of payment.
3.8. If, after an offer of Engagement has been made to the candidate, the client decides for any reason to withdraw it either (a) prior to the candidate accepting the engagement or (b) after the candidate has accepted the offer, but where the candidate has not yet commenced the engagement, the client shall be liable to pay the agency a cancellation fee equal to 10% of the introduction fee calculated in accordance with clause 3.3, had the engagement commenced.
4. REBATE
4.1. If the Applicant leaves the employment of The Client or The Client terminates The Applicant’s employment. The Agency may offer a rebate fee payable as outlined in clause
4.2 (provided the agreed payment terms were met). In case of redundancy, there will be no refund. 4.2. The rebate period is as follows:
0 - 4 weeks - 50%
4.3. Should any placed staff member submit their notice within the first 16 weeks of placement the rebate period outlined in 4.2 will apply as a discount against the next introduction fee as outlined in 3.3
5. INTRODUCTIONS TO THIRD PARTIES
Introductions of Candidates are confidential. If a client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within Twelve (12) Calendar months of the Agency’s Introduction of the Candidate to the Client, then the Client will be liable to the Agency for payment of an Introduction Fee calculated in accordance with clause 3.3.
6. SUITABILITY CHECKS
6.1. The Agency endeavours to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to:
6.1.1. Ensure that it would not be detrimental to the interests of either the Client or the Candidate.
6.1.2. Ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body.
6.1.3. Confirm that the Candidate is willing to work in the position.
6.2. Notwithstanding clause 6.1 the Client must satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:
6.2.1. Taking up any references provided by the Candidate before Engaging the Candidate.
6.2.2. Checking the Candidate’s right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work.
6.2.3. The arrangement of medical examinations and/or investigations into the medical history of any Candidate; and
6.2.4. Satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.
6.3. To enable the Agency to comply with its obligations under clause 6.1 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following:
6.3.1. The type of work that the Candidate would be required to do.
6.3.2. The location and hours of work.
6.3.3. The experience, training, qualifications, and any authorisation which the Client considers necessary, or which are required by law or any professional body for the Candidate to possess to work in the position.
6.3.4. Any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks.
6.3.5. The date the Client requires the Candidate to commence the Engagement.
6.3.6. The duration or likely duration of the Engagement.
6.3.7. The minimum rate of Remuneration, expenses and any other benefits that would be offered.
6.3.8. The intervals of payment of Remuneration.
6.3.9. the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
7. CONFIDENTIALITY AND DATA PROTECTION: All information relating to a Candidate is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the Data Protection Laws in always receiving and processing the data. In addition, information relating to the Agency’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
8. LIABILITY:
8.1. The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
8.2. The Client shall indemnify and keep indemnified the Agency against any Losses incurred by the Agency arising out of any non-compliance with the Data Protection Laws, and/or because of any breach of these Terms by the Client.
9. NOTICES: All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
10. SEVERABILITY: If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
11. GOVERNING LAW AND JURISDICTION: These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.