CONDITIONS FOR THE HIRE OF PERMANENT STAFF
TO BE DIRECTLY EMPLOYED BY THE CLIENT – Permanent / Contract Placements
These terms constitute the contract between Recruiterz Ltd and the Client and are deemed to have been accepted by the Client by virtue of an introduction to, or the Engagement of an Applicant or the passing of any information about an Applicant to any third party following an introduction. These terms contain the entire agreement between the parties and prevail over any other terms of business or purchase conditions put forward by the Client.
Applicant Introductions are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by Recruiterz that results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of Recruiterz fee as set out in clause 1 of this document.
An Introduction fee calculated in accordance with clause 1 will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through Recruiterz, whether direct or indirect, within 12 months from the date of Recruiterz Introduction.
In the event of any employee of Recruiterz with whom the client has had personal dealings accepts an Engagement with the Client within 3 months of leaving Recruiterz employment, the Client shall be liable to pay an Introduction fee as calculated in clause 1 of this document.
2. SUITABILITY AND REFERENCES
2.1 Recruiterz endeavours to ensure the willingness of any Applicant introduced to accept the position the Client wishes to fill and their suitability by obtaining confirmation of the Applicant's identity, experience, training, qualifications and professional status as required by law, the Client or a professional body. When proposing an Applicant to a Client, Recruiterz shall inform the Client of such matters noted above where they have obtained confirmation. If this information is provided verbally it will be confirmed in written form, either in hard copy or electronically, within 3 working days.
2.2 Recruiterz endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position that the Client seeks to fill and to ensure that it would not be detrimental to the interests of either party for the Applicant to work in the position the Client seeks to fill.
2.3 Notwithstanding the above, the Client shall satisfy itself as to the suitability of the Applicant and take up any references provided by the Applicant before engaging the 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 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.
2.4 To enable Recruiterz to comply with its obligations under points 2.1, 2.2 and 2.3 above the Client undertakes to provide Recruiterz with details of the position it seeks to fill, the type of work required of the Applicant, its location and hours, the experience, training, qualifications, and any authorisation required by law, the Client or a professional body for the Applicant to possess in order to work in the position and any risks to Health and 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 of commencement, the likely duration of the work, the remuneration and payment intervals and the notice periods applicable to both parties.
3. NOTIFICATION AND FEES
The Client agrees:
1. To notify Recruiterz immediately of any offer of an Engagement that it makes to an Applicant.
2. To notify Recruiterz immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to Recruiterz;
3. To pay Recruiterz fee within 14 days of the invoice. Recruiterz reserves the right to charge interest on any accounts that remain outstanding in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and its amendments.
The fee payable by the Client to Recruiterz for the Introduction of an Applicant who subsequently accepts an Engagement is calculated as a percentage of the Applicant's anticipated annual Remuneration during the first 12 months of the placement. This sum is inclusive of regional weightings or other cash benefits.
The fee is payable for any Engagement that takes place within twelve months of the original Introduction.
The fee varies according to Remuneration and are as follows:
Annual Remuneration Rate
Up to £20,000 15.0%
£20,001 to £30,000 18.0%
£30,001 to £40,000 22.5%
£40,001 to £75,000 30.0%
£75,000 and above 40.0%
A minimum fee of £1,000 is chargeable on all individual Engagements.
VAT is payable in addition to any fee due and is amended in line with any rate changes made through legislation. Recruiterz may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
In the event that the engagement is for a fixed term of less than 12 months, the fee payable is calculated as a percentage of the applicant's annual remuneration and reduced for the fee period eg 3 month FTC = Salary x 15% x 0.25 (3 months / 12 months). The client may run a further fixed-term contract up to four times for which the equation is recalculated at which point no further fees are payable. The minimum term for a fixed term contract is 3 months and the minimum fee is £1,000 on any single engagement or invoice for either the immediate fees or subsequent re-fees. Contract to Perm fees are only due if fees against an annual salary have not already been invoiced and paid.
4. REBATE ENTITLEMENT
In order to qualify for the rebate scheme, the Client must have paid Recruiterz standard fee within 14 days of the date of the invoice and must have notified Recruiterz in writing within 7 days of the termination of the Engagement.
The Client will be entitled to the following rebate scheme should the Applicant's Engagement end (for whatever reason other than redundancy or restructuring, the Applicant's death or that the Client failed to inform the Applicant of any factors or circumstances relating to the vacancy that may have affected the Applicant's acceptance of the offer of Engagement):
1-2 weeks from date of commencement 100% rebate or free replacement
3-4 weeks from date of commencement 50% rebate
5-8 weeks from date of commencement 25% rebate
9-12 weeks from date of commencement 10% rebate
Where notice to end the Engagement is given, the relevant termination date for the purposes of this clause shall be the date upon which the notice expires.
If within 12 months of the termination, the Client re-engages the Applicant or introduces them to any other person, firm or company where they are subsequently engaged in a permanent or temporary position, the Client will have to pay Recruiterz the full Introduction Fee.
Should the Client opt for the free replacement facility, where the Applicant has left within the first 2 weeks of employment, Recruiterz will use reasonable efforts to find a suitable replacement for a period of 12 weeks thereafter. On successful replacement Recruiterz will credit the original invoice and re-invoice the Client for the replacement. Should the replacement subsequently leave, however, there will be no rebate due to the Client.
Rebates are only valid for the first appointment. In the event of a re-fee for fixed-term contracts there are no rebates after the initial rebate period which covers an individual’s “suitability”.
5. SPECIAL SITUATIONS
Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position that the Client seeks to fill, Recruiterz will take all reasonable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position.
If Recruiterz is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
Recruiterz shall not be liable under any circumstances for any loss, damage, expense, delay, costs or compensation (whether direct, indirect or consequential) that may be suffered or incurred by the Client arising from or in any way connected with Recruiterz seeking an Applicant for the Client or from the failure of Recruiterz to introduce any Applicant.
For the avoidance of doubt, Recruiterz does not exclude liability for death or personal injury arising from its own negligence.
In these Terms of Business the following definitions apply:
"Applicant" means the person introduced by Recruiterz to the Client for an engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of Recruiterz's own staff.
"Agency" and "The Employment Business" means Recruiterz Ltd (Recruiterz) of 28 St Albans Road, Colchester, Essex CO3 3JQ.
"Client" means the person firm or corporate body, together with any subsidiary or associated company as defined by the Companies Act 1985, to which the applicant is introduced or to who the Worker is supplied or introduced.
"Introduction" means the Client's interview of an Applicant in person or by telephone, following the Client's instruction to Recruiterz to search for an Applicant; or the passing to the Client of a Curriculum Vitae or information that identifies the Applicant and leads to an Engagement of the Applicant.
"Introduction Fee" means the fee payable in accordance with clause 3 above and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Remuneration" includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and where applicable non-taxable) emoluments payable or receivable by the Applicant for services rendered to or on behalf of the Client. Where a Client provides a company car, a notional amount of £ 5,000.00 will be added to the salary in order to calculate Recruiterz's fee. Where a car allowance is given the full amount of that allowance will be added to the salary in order to calculate Recruiterz's fee.
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.
The Client will only use and process information provided by Recruiterz on Applicants for recruitment purposes and in accordance with UK Data Protection legislation. To improve the service provided and for training purposes, Recruiterz may monitor or record communications (for example, by telephone and e-mail).
No alterations to these Terms will be valid unless confirmed in writing by one of the Directors of Recruiterz, with a date from which the alterations take effect.
These Terms are governed by the law of England, Wales and Scotland and are subject to the exclusive jurisdiction of the Courts of England, Wales and Scotland.
28 St Albans Road, Colchester, Essex, CO3 3JQ
Tel: +44(0)1206 255088
Issue Date: January 2015