Welcome to HtE Recruitment
Client Company name Client
(registered company no. 6087664).
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IT IS AGREED as follows:
1. DEFINITIONS AND INTERPRETATION
"Candidate" - means the job seeker looking for a
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
" Retainer " means a none refundable deposit to start working on a role, this is for selected roles only and agreed before working on a role.
"Placement fee" means the fee payable once a candidate has been sourced
Introduction means the Clientâ€™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.
"discounted invoice" means the invoice is at a discounted rate based on set criteria on payment terms.
2. The Recruitment process
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
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.
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 a interview has been requested, the candidate is classed as a candidate from
Recruitment teams â€“ Northern UK 0161 300 7864 / Southern UK 0203 542 6103
Each position is assigned to a team member, 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
5.4 The fee applicable is at a % of the salary: ask your consultant for your % rate (these are standard general terms, each client will be issued with terms with the rate in it)
6. 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 any reason, other than redundancy, and provided we are notified in writing within seven days of departure/termination.
6.2 The 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
6.4 The agency needs to be notified with 7days of a candidate leaving
6.5 The rebate period
0 to 2 weeks 100%
3 to 4 weeks 75%
5 to 8 weeks 50%
9 to 12 weeks 25%
12 weeks and there after 0%
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, than 14 days from accepting 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
7.4 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 a 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 decides to leave employment or a skill related issue happens, meaning the candidate needs to leave.
7.6 All charges are subject to VAT at the current standard rate.
7.7 We reserve the right to charge interest on overdue accounts at 8% per month or part thereof, plus late payment charges.
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 candidateâ€™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 will endeavour to request a reference for a candidate, we cannot guarantee that references will have been returned. We are also unable to take references from a candidateâ€™s current employer and would advise clients to take up independent references prior to the candidate commencing employment.
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
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 chargable, this could be back dated upto 24 months if at a later stage the agency is made aware.
- 8.10 Advertising/Engagement fee - We charge a £*** 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 a engagement fee is required, this is for more senior roles. (this rate will be put into your clients T&Cs)
- 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 informÂ 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.
- 8.11 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 transfered to the new company, the invoice is also transfered to the new company.If a CVA is applied for and the contract of the worker is transfered, the new company will be responsible for the debt of the placement at the full price and classed as a new placement witht he 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&Cs 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
9.2 it is the clients responsibility to check the right to work before any practical parts of a interview.
9.3 The client is responsible for references and if a
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
11. INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks, patents and other intellectual property rights deriving from the provision of theÂ '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 Hirerâ€™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:
Legal Company name:
please note these are general terms, each client will be issued with terms. Bespoke terms might be available for clients with regular vacancies.