Client Agreement – Introduction
1. These Terms and Conditions of Business are between 360 Recruitment Limited (the “Company”) and the prospective employer (the “Client”) and are deemed to be accepted by the Client by virtue of any form of contact (including an interview or offer of employment) with an Applicant. These Terms and Conditions of Business cannot be modified or varied except with the written agreement of a Director of the Company.
2. “Introduction” means any form of contact between an Applicant and the Client which has been brought about by the Company whether directly or indirectly through a third party referral, and whether or not the Client previously knew of the Applicant. “Introduces” and “Introduced” shall be construed accordingly. An “Applicant” is any person who has been “Introduced” to the client with a view to the Client hiring the Applicant and who is subsequently hired on either a PAYE direct employment basis, as self-employed, a sub-contracting, consultancy, through a limited company which the Applicant is an employee or director of or via a third party arrangement
Terms of Engagement & Remuneration
3. Applicant Suitability – The Company shall endeavour to ensure the suitability of any Applicant and to maintain a high standard of service and integrity, but the Company makes no warranty, express or implicit, as to the suitability of any Applicant and the Company does not have any implied obligation, duty or liability in contract, tort or otherwise other than those expressly stated in these Terms and Conditions of Business.
4. Standard Permanent Recruitment – The Introduction Fee is charged as a percentage of the Applicant’s first year’s gross remuneration as shown below, for the avoidance of any doubt, gross remuneration is deemed to be an employee’s regular remuneration including allowances, guarantees, overtime pay, commissions, and bonuses, company car (based on value as a benefit in kind) or car allowance and any other taxable emoluments, before any deductions are made.
Any recruitment undertaken whereby the Client wishes to engage an Applicant on a PAYE for finite period of time, often known as Fixed Term recruitment, shall be deemed as Standard Permanent Recruitment for this basis of this agreement.
Should the payment terms outlined in Clause 14 not be adhered to, or any other clause breaches occur, then the agreement shall revert to standard Permanent Recruitment Terms as outlined in Condition 4.
5. Retained Recruitment – Where the Company is instructed to assist the Client in recruiting persons for one or more positions on a retained basis (a “Retained Assignment”), the Client shall pay an Introduction Fee to the Company in accordance with Condition 4. The Introduction Fee shall be payable in three parts. This first part, amounting to one third of the total Fee (as estimated by the Company), will be payable on commencement of the assignment. The second part, amounting to one third of the total fee (as estimated by the Company), will be payable on the presentation to the Client of a short-list. The third part, being the balance of the actual fee, shall become payable on the day that an Applicant commences employment with the Client. Full Retained Terms of business are available for contract of this nature.
6. Temporary to Permanent Recruitment – The Client may require the provision of temporary workers from time to time. To the extent that it does, the Company’s standard terms and conditions for the supply of temporary workers (a copy of which is available on request) shall apply to such supplies together with any recruitment by the Client of any such temporary workers.
7. Optional Advertising – The Company is able to provide an advertising service to the Client, for which the block, production and other relevant charges incurred by the Company are payable by the Client. The Company will accept cancellation of an advertisement provided that the Client gives sufficient notice to the Company to enable the Company to cancel the advertisement without charge before going to press.
8. Interview Expenses – Unless otherwise agreed, the Client shall reimburse Applicants attending an interview with travelling and out of pocket expenses.
9. Referencing – The Client shall be responsible for taking up references (including the confirmation of any professional or academic qualifications) and shall satisfy itself as to the suitability of any Applicant before engaging any Applicant. The Client shall be responsible for arranging all medical examinations and investigations of the Applicant and shall be responsible for obtaining any work and other permits. The Company shall have no obligation to obtain or responsibility for obtaining any work and other permits or in respect of any of the matters contained in this Condition.
10. Liability – The Company shall not be liable (whether in contract, tort, negligence or otherwise) for any loss, liability, damage or costs, claims or expenses suffered or incurred by the Client (including without limitation, loss of profits, loss of business, loss of reputation and any indirect or consequential losses howsoever caused) arising from, or connected with, the recruitment or engagement of any Applicant by the Client, howsoever arising.
Offers of Employment
11.The Client shall notify the Company immediately upon:-
i.The Client making an offer of employment or any form of business arrangement, including third party arrangements, to an Applicant; an
ii. Any offer from the Client being accepted or rejected by an Applicant; and The Client shall supply the Company immediately upon request copies of all letters, memoranda, electronic mail etc to and from the Client and the Applicant and which are in the possession or under control of the Client.
12. Introduction period – If an applicant is rejected by the Client or the Applicant rejects an offer of employment by the Client and then subsequently is employed by the Client, either directly, as a sub-contractor or via a third party, within twelve months of the initial Introduction date, the Client shall pay to the Company the Introduction Fee in accordance with Condition 4.
13. Non-solicitation – If a Client introduces an Applicant to another person (whether legal or natural) within twelve months of the initial Introduction date and that person subsequently employs the Applicant, the Client shall pay to the Company the Introduction Fee in accordance with Condition 4.
Terms of Payment
14. The Client shall pay to the Company all fees in cash or cleared funds within 14 days of the date of invoice presented. Time of payment is of the essence of the contract between the Company and the Client. Should any invoice remain unpaid by this date:
i. the Client shall not be entitled to any refund which may otherwise become due in accordance with Condition 15; and
ii. the Company may charge the Client interest on that and any other late payment at three percent (3%) above Barclays Bank plc’s base rate from time to time, accruing on a daily basis, from the date when such payment became due until the date payment is made; and
If a permanent engagement or business arrangement is lawfully terminated by the Company (and termination shall not be lawful, for example, if it is unfair for the purposes of the Employment Rights Act 1996 or any superseding or modifying legislation) for any reason other than redundancy, then a refund is due. This is illustrated below.