Client Company name- Client name / company name and HtE Recruitment ltd, company Reg number 6087664 and Vat number

(registered company no. “6087664”).

(1) [h t e Recruitment Limited (registered company no. [6087664 [trading as h t e recruitment ltd ] of [office 110, Ducie House, Ducie street, Manchester, M1 2JW] (“the Hirer”) to whom the Intermediary is Introduced. For the avoidance of doubt the Hirer shall also include any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Intermediary is Introduced.

IT IS AGREED as follows:

1. DEFINITIONS AND INTERPRETATION

“Candidate” – means the job seeker looking for a full time position

“Contractor” – means a relief worker”

“Rebates” – This means the refund made if a candidate leaves employment during a set period of time, applicable on invoices paid on time

“introduction fee” – Means the fee payable by the Hirer

” Candidate” means the person introduced by HTE Recruitment to the Client for the Engagement including any members of HTE Recruitment own staff.

” Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Candidate is introduced.

“Agency” means the recruitment agency who acts as a finders service

” Engagement” means the engagement, employment or use of the candidate 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 any other engagement.

“Engagement fee” means the cost to start the recruitment process to cover advertising

“Placement fee” means the fee payable once a candidate has been sourced, offered and accepted the offer.

” Introduction” means the Client’s interview of a Candidate in person or by telephone or the passing to the Client of a curriculum vitae or other information which identifies the Candidate and which leads to an Engagement of that Candidate by the Client.

“Payment terms” means the date the invoice needs to be paid by

“discounted invoice” means the invoice is at a discounted rate based on set criteria on payment terms.

2. The Recruitment process and sectors

2.1 We will use a wide range of methods to source candidates including:

Database Search – use of various online databases

Social media platforms – 3000 facebook followers and across all our linked in pages / profiles – over 7,000 followers.

job adverts – Currently using 5 advert platforms on a monthly basis

HTE Website – daily traffic and google adwords to attract traffic.

HTE Internal database – over 29000 candidates

Head hunting services

2.2 You give permission to the agency to advertise the position, to use it within social media posts, advertise it on our website and to send candidate emails regarding the role. If for any of the positions you do not give permission to advertise, you agree to inform the agency in writing in advance of the recruitment process.

2.3 HtE Recruitment work across various sectors including IT, Digital, FMCG, Supply Chain, Sales and Hospitality & Catering

3. Time scales

3.1 This will be agreed with each vacancy.

3.2 The agency will send cv’s to the client / hirer for the position to tell them about a candidate.

3.2 The hirer must inform within 3 days if they had the cv from another source. Once an interview has been requested, the candidate is classed as a candidate from HtE Recruitment and the hirer agrees to the fee structure if they then place the candidate into a role within either the site they are being interviewed for or another site owned or linked by the same directors.

4. HtE Recruitment contact details

Rick-Director

Recruitment teams-Northern UK

/ Southern UK

Email info@hterecruitment.co.uk

Each position is assigned to a team member based on the sector of the position, who will account manage the position

5. Fee Structure

5.1 The Hirer shall be liable to pay the Employment Business an Introduction Fee where the Employment Business Introduces the candidate to the Hirer and the candidate starts employment.

5.2 The fee is applicable once a offer has been made and it is accepted by the candidate

5.3 Vat is charged in addition to the % charge, at the UK vat rate.

5.4 A fee is applicable for any candidates the agency has submitted and arranged a interview for, who are then offered employment. If a client offers direct to the candidate after the interview and not via the agency or within 12 months direct to the candidate, the agency will class this as a placement and would invoice at general rates.

5.4 The fee applicable is:

• IT & Digital division: 20%

• All other Divisions 17%

Any special terms agreed, e.g. discounted rates, are subject to the Employment Agency receiving written notification prior to the commencement of the Engagement of an Applicant by the Client and the invoice being paid within the 14 days stated. In all cases there shall be a minimum fee of £3,000. VAT will be charged on the fee at the then current rate

6. skill set review Rebate period

6.1 All appointees are guaranteed for a period of time from commencement date, as per time scales below. In the event that an appointee should leave for skill set reasons. Retention issues & redundancy are not covered, Rebate are provided we are notified in writing within seven days of departure/termination. The client must follow the basic candidate retention commitment for terms to apply www.hterecruitment.co.uk/client-new-starter-retention-commitment/

6.2 The skill set review rebates only apply to invoices paid within the strict payment terms. These are applicable on invoices paid within the payment terms listed below

6.3 Rebates do not apply to seasonal appointments

6.4 The agency needs to be notified with 7days of a candidate leaving

6.5 The skill set review rebate period

• 0 to 2 weeks 100% (£100 admin fee is charged)
• 3 to 4 weeks 75%
• 5 to 8 weeks 50%
• 9 to 12 weeks 25% (a credit  note at the value of 25% of the invoice total will be given to offset towards a future invoice)
• 12 weeks and thereafter 0%

[wk 9-12 is normally given as a credit note to offset against a future invoice]

(once a candidate has started a new week, that is classed as that week completed, ie is they left on the thursday of week 8, it would be classed as that week is complete and the rebate due is the 9-12 week)

7. Payment terms

7.1 All fees are payable, within either 14 days of the candidate start date or for positions with a start date great than 8 weeks from offer date, then 14 days from accepting the offer.

7.2 Where a candidate is paid hourly and not annual, the charge will be based on a 48 hour week, to work out the annual salary, to work out the finders fee

7.3 Discounts and special reduced rates are only applicable to invoices paid within the 14 days. Late payments are charged at the full general rate of 20%.

7.4 For positions that require a retainer, this is due prior to working on the position

7.5 Rebates are only applicable for invoices paid on time. Invoices are due once an offer has been accepted, If the offer is made & accepted however is withdrawn from the client or redundancy takes place, a finders fee is still due. Rebates are applicable if the candidate leaves due to skill set issues. For the rebate to apply if the candidates leaves and it is not skill set, the client needs to show that they have done everything they can to create the right culture, paid the candidate on time, completed a induction to welcome them, hours worked was within the contracted hours and working conditions was within the legal requirements.

7.6 All charges are subject to VAT at the current standard rate.

7.7 Late invoices will have a late payment administration charge of £10 added once a invoice is 5 days overdue. We also reserve the right to charge interest on overdue accounts at 8% per month or part thereof in addition to the administration charge. We charge a additional administration charge of £20 after 30 days overdue and a additional £100 after 60 days overdue (in addition to the other two charges, ie £130 extra in total). If the invoice is given to a court or a debt collector, these charges will also be added to the invoice.

8. Other terms and conditions of Business

8.1 Unless otherwise agreed in writing by a director of HTE Recruitment, these terms of business shall prevail over any other terms of business or purchase conditions put forward by the Client.

8.2 Candidate guarantees are only valid if all fees have been paid within the stipulated period.

8.3 In the event that an appointee leaves the rebate above is applicable if the invoice has been paid within the payment terms. If payment has not been paid on time, the rebate is not applicable.

8.4 Whilst HTE Recruitment endeavours to ensure the suitability of candidates submitted, the Client should satisfy themselves as to candidate’s qualifications, efficiency and integrity. HTE Recruitment does not accept any responsibility for shortcomings in candidates recruited by the Client.

8.5 We do ask candidates if they require a Visa, however, the employment contract is with the end client and therefore it is the clients responsibility to see a photo ID and to keep this on file. H t E Recruitment do not take any responsibility if the client has not taken this information and are not liable for any fines or costs relating to a candidate without the relevant papers.

• 8.6 Whilst HTE Recruitment Finders service will endeavour to request a reference to confirm the current place of work & job title for a candidate upon an employment offer, we cannot guarantee that references will have been returned. We are also unable to take references from a candidate’s current employer without permission and would advise clients to take up independent references prior to the candidate commencing employment. References can only be taken if the candidate gives permission.  If a company does not have a inhouse HR function, you can use our HtE HR support for full reference checks, these are chargeable per reference and charged regardless of offering employment. If a reference is requested for our finders service prior to a offer, this would be completed by HtE HR support and would be chargeable at £50 per reference plus vat.

• 8.7 Should the Client already be in possession of the resume of any Applicant who has been put forward by the Agency, then the client must inform the Agency in writing within 3 working days, otherwise the Applicant will be subject to these Terms & Conditions. This must be done prior to setting up an interview. Clause 8.9 will apply to clients who recruit a candidate without advising us of a CV already being sent.

8.7.1 The agency does not offer a guarantee to fill vacancies and hold no liability if a candidate does not turn up for interviews or take a position. the Employment agency acts as a Finders service, not as an Employment business and does not offer any forms of guarantee .   Once the job take email has been sent to the client for the vacancy, the client is required to inform the agency of any internal candidates or direct candidates within 3 working hours. Internal candidates should be considered prior to the Agency matching on the role and advertising it. The agency does charge a £100 admin charge, if the position is being used as a market bench mark role to bench mark against internal candidates.

8.8 Once an interview is requested the T&Cs are applicable should you take on a candidate.

8.9 Candidates engaged within 12 months of an introduction by HTE Recruitment either directly or indirectly will be considered to have been engaged as a result of their efforts. HtE Recruitment will invoice full general rates plus interest if a candidate starts without the agency being notified in advance. The client agrees that any appointments made direct with the candidate once a cv has been accepted if the candidate starts employment without letting the agency know within 7 days of the start date, a full fee is chargeable, this could be backdated upto 24 months if at a later stage the agency is made aware.

8.10 Advertising/Engagement fee – We charge a £500 fee to start the process on selected roles, this includes matching on the role, advertising it, consultant time and proactive approach to recruitment. This is none refundable however is taken off the final percentage we charge. This figure is excluded from the rebate percentages as well.The consultant will advise on this prior to working on a role, if an engagement fee is required, this is for more senior roles.

8.10.1 Retainer: Some roles will require a retainer instead, these are set at 30% of the placement fee in advance with the rest paid once a candidate starts. The consultant will inform prior to working on a role, if this is required for the role.This is on a role by role basis and would be agreed before accepting the role. This is for selected roles only.

8.10.2 Reverse Retainer: On all positions, if the Employment Agency submits a CV within the 1st 10 days of a position being given to the Agency, we ask for feedback from the hirer within 5 working days of CV submitting. The agency would charge a Reverse retainer of 30% of the estimated fee for the matching process if feedback has not been given within 5 working days. This is only chargeable if the hirer does not give feedback on CV’s submitted as the Agency has completed work to match on the role.

8.11 If the ltd company is sold, the invoice is still applicable. If the candidate moves to another site owned directly or indirectly by the same company or linked with any of the named directors of the ltd company, the invoice is still applicable to be paid by either the current company or the new company. If the ltd company closes and a new ltd company is formed by one or more of the current directors,if employment is transferred to the new company, the invoice is also transferred to the new company.If a CVA is applied for and the contract of the worker is transferred, the new company will be responsible for the debt of the placement at the full price and classed as a new placement with the new company or company purchasing the company.

8.12 The Recruitment agency will match on the position based on the information given by the client, this includes but is not limited to; salary, hours, duties, bonus, job title. If any information changes, the client is required to inform the agency in writing (email) of the changes prior to accepting an interview. Candidates travel to interviews based on the information provided to them.

8.13 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.

8.14 Whilst reasonable efforts are made by the Employment Business to give satisfaction to the Hirer by ensuring reasonable standards of skills, integrity and reliability from the Intermediary and to provide the same in accordance with the Assignment details as provided by the Hirer, no liability is accepted by the Employment Business for any Losses arising from the failure to provide an Intermediary for all or part of the period of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Intermediary or if the Intermediary terminates the Assignment for any reason. For the avoidance of doubt, the Employment Business does not exclude liability for H t E Recruitment – Relief Chefs client T&C’s death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.

8.15 Under the GDPR regulations (data protection), you can not store candidate contact details without the permission of the candidate and only keep the contact details whilst you have a ‘business need’ to have these details. Once the recruitment cycle is completed, any candidate contact details need to be deleted.

9. Right to work

9.1 The agency offer a finders serviceto source candidates. The employment is with the client and the candidate. It is the clients responsibility to check the right to work documents and keep copies of this. The agency holds no responsibility if the client does not check these documents prior to start date.

9.2 it is the clients responsibility to check the right to work before any practical parts of an interview.

9.3 The client is responsible for references and if a crb/dbs is required, is responsible for this.

10. Permission to advertise and hold records

10.1 The client gives permission to advertise, unless in writing requests not to advertise

10.2 The agency is required to hold records of positions worked on, candidates, client emails and notes, placement details, invoice details and payment details for upto 6 years. We are also required to keep vat records for upto 6 years of transactions with supporting information/

11. INTELLECTUAL PROPERTY RIGHTS

All copyright, trademarks, patents and other intellectual property rights deriving from the provision of the ‘finders recruitment” Services by the Intermediary for the Hirer during the Assignment shall belong to the Hirer, save such rights as may be expressly owned or retained by the Intermediary and set out in the Assignment Details Form. Accordingly, the Employment Business shall use its reasonable endeavours to ensure that the candidate / Intermediary shall (and any relevant Contractor shall) execute all such documents and do all such acts in order to give effect to the Hirer’s rights pursuant to this clause.

12.1 12. CONFIDENTIALITY AND DATA PROTECTION

All information relating to an Candidate or a Contractor is confidential and where that information relates to an individual is also subject to the Data Protection laws and is provided solely for the purpose of providing ‘finders recruitment” Services to the Hirer. Such information must not be used for any other purpose nor divulged to any third party and the Hirer undertakes to abide by the provisions of the Data Protection Laws in receiving and processing the data at all times. The hirer can not contact the current place of work or previous places of work without permission to obtain a reference. No direct contact can be made without permission.

These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of a Candidate.

LAW AND JURISDICTION

This Agreement is governed by the law of England & Wales and is subject to the exclusive jurisdiction of the Courts of England & Wales

Sign of behalf of the company:

Name:

Sign:

Legal Company name:

Date:

Trading company name

[by accepting a CV or booking a interview, you accept these T&C’s unless you have pre signed bespoke T&Cs. The interviews are arranged with the above being agreed by default]