Terms of Business (Permanent Recruitment)

1. THE CONTRACT

1.1 These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant, or the passing of any information about the Applicant to a third party following an Introduction. Failure to sign these Terms of Business does not absolve either Party of their obligations set out in these Terms of Business.

1.2 Unless otherwise agreed in writing by the Agency, these terms of business shall prevail / supersede over any other Terms of Business or purchase conditions put forward by the Client.

1.3 No variation or alteration of these Terms of Business shall be valid unless approved in writing by the Agency.

2. NOTIFICATION & FEES
2.1 The Client agrees:

a) to notify the Agency immediately of any offer of an Engagement in which it makes to the Applicant
b) to notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
c) to pay the Agency’s fee within 14 days of the date of invoice.

2.2 No fee is incurred by the Client until the Applicant is made an offer of employment by the Client. The Agency will render an invoice to the Client for its fees either:-

a) on the date the Engagement Commences (to include any induction or training days), or
b) 28 days from the date an offer of employment is made to the Applicant, whichever is the sooner.

2.3 The Agency reserves the right to charge interest on any overdue amounts at the rate of 10% of the Total Invoice value. Failure to provide Remittance for overdue amounts may result in legal action by the Employment Business to recover the full sums owed.

2.4 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the Fee Structure detailed below on the remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee (if applicable).

Introduction Fee

2.5 In the event the Engagement is for a fixed term of less than 12 months, the fee in clause 2.4 will be pro-rated, subject to a minimum fee of £1,500. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 3 months of the 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 the sooner. The additional Remuneration applicable is subject to a minimum fee of £1,000.3. REFUND GUARANTEE
3.1 Should an Engagement terminate within 28 days then the Client will qualify for a 100% refund, only where there following conditions have been met:

(a) The Agency is informed accordingly within 7 days of the termination of the employment.
(b) The Introduction Fee due was paid within 14 days of the date of invoice.
(c) Negotiated or discounted fees are excluded from the refund guarantee, unless exclusion is waived in writing by the Agency.
(d) The Applicants engagement is not terminated by way of constructive dismissal, redundancy, pregnancy, injury or ill health.

3.2 Should the Client of any subsidiary or associated company of the Client subsequently re-engage the Applicant within the period of 3 calendar months from the date of termination of the Engagement, a full fee calculated in accordance with clause 2.4 becomes payable, with no entitlement to any refund.

4. CANCELLATION FEE
4.1 If, after an offer of Engagement has been made to the Applicant, the Client for any reason withdraws the offer of Engagement prior to commencement, the Client shall be liable to pay the Agency 50% of the Agency Fee as per clause 2.4, subject to a minimum fee of £1,500; except where the offer is withdrawn as a result of the Applicant failing agreed vetting standards.

5. INTRODUCTIONS
5.1 Introductions of Applicants are confidential and are made individually to a Client. The disclosure by a Client to a third party of any details regarding an Applicant 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 Company’s fees as set out in clause 2.4 with no entitlement to any refund. This also applies to Applicants engaged in employment within another department of the clients business.

5.2 An Introduction Fee calculated in accordance with clause 2.4 will be charged in relation to any Applicant engaged as a consequence or resulting from an introduction by or through the Company, whether direct or indirect, within 6 months from the date of the Company’s introduction.

5.3 Where the amount of the actual Remuneration is not known the agency will charge a fee calculated in accordance with clause 2.4 on the minimum level of remuneration applicable for the position in which the Applicant 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.

6. SUITABILITY
6.1 The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity, that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.

6.2 The Agency 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 which the Client seeks to fill.

6.3 The Agency endeavours 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 Applicant to work in the position which the Client seeks to fill.

6.4 Notwithstanding clauses 6.1, 6.2 and 6.3 the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the Applicant and/or the Company before engaging such Applicant.

6.5 The Client shall be responsible for obtaining work and other permits required, for the arrangement of medical examinations and/or investigation into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.

6.6 To enable the Agency to comply with its obligations under clauses 6.1, 6.2 and 6.3 above the Client undertakes to provide to the 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 authorisation which the Client considers necessary or which are required any 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 of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.

7. LIABILITY
7.1 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 an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.

8. LEGISLATION

8.1 The Agency is an equal opportunities organisation and is committed to providing equal opportunities to its Candidates. This means that all Candidates and other individuals dealing with the Agency will receive equal treatment regardless of race, colour, nationality, ethnic or national origins, religion or belief, sex, marital or civil partner status, gender reassignment, pregnancy or maternity, age, sexual orientation or disability. The Client acknowledges this policy and agrees to operate its business in accordance with equal opportunities.

8.2 The Agency recognises its obligations under the General Data Protection Regulation (“GDPR”) in relation to processing, retaining and sharing any personal data and complies with the requirements of the GDPR in the operation of its business.

8.3 The Client acknowledges it has responsibilities under the GDPR and undertakes to comply with the GDPR in relation to any data concerning a Candidate and the Agency, howsoever such data comes into the possession of the Client. The Client shall indemnify and keep the Agency indemnified in full against any and all costs, claims, damages, fines, penalties or liabilities incurred as a result of a breach of this clause by the Client.

8.4 The client acknowledges and agrees it is necessary for the Agency to process personal data to meet its obligations under the terms of this Contract, to comply with Regulatory Bodies and the Law.

8.5 These Terms are governed by the law of Scotland and are subject to the exclusive jurisdiction of the courts of Scotland.

8.6 This agreement supersedes all prior agreements, arrangements and undertakings between the parties relating to the subject matter hereof before this agreement date.

Revision Date: 1st April 2024