Terms of business for HtE Recruitment Hospitality and Catering division – Finders service

H T E Recruitment

Recruitment for the Hospitality and Catering industry

www.hterecruitment.co.uk

Product: Finders service

Client Company name –Your ltd company nameand HtE Recruitment ltd, company Reg number 6087664 and Vat number 891706204

[h t e Recruitment Limited, registered company no. 6087664, trading as h t e recruitment ltd] of [office suite 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 that the following apply. Unless stated in writing prior to matching on a position, package two applies by default as listed in section 5 and 6.

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

“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, 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.

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2. The Recruitment process – Finders service

2.1 We will use a wide range of methods to source candidates including: databases, online adverts, social media marketing, our inhouse database

In addition to this, we offer a additional service of candidate mapping & a Head hunting services, which are at additional costs.

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.

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3. Time scales

3.1 The client will give feedback to the Agency within 3 working days of a CV sending and interview feedback within 2 working days of a interview taking place. This time scale can be extended on a vacancy by vacancy basis with written permission from the Agency Director, for a number of reasons including the hiring manager is in Hospital or a preplanned holiday. This clause is to ensure we deliver a great candidate journey, which can reduce the number of candidates loosing interest in a position.

3.2 The agency will send cv’s to the client / hirer for the position to tell them about a candidate. We do not charge a admin fee for creating a list of candidates interested unless the client does not respond to CV sending within 2 weeks of sending a CV.

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.

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4. HtE Recruitment contact details

Recruitment teams – Northern UK 0161 300 7864 / Southern UK 0203 542 6103

Email [email protected]

Each position is assigned to a team member, who will account manage the position. This will be listed on the job take email, which is sent prior to matching on a job.

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5. Fee Structure – Finders fee

5.1 The Hirer shall be liable to pay the Recruitment Agency an Introduction Fee where the Recruitment Agency or Employment Business Introduces the candidate to the Hirer and the candidate starts employment. The fee is based on the basic salary however if the package is built up with Service charge that works out over 15% of the basic salary, the Recruitment Agency will charge the finders fee on the whole package value.

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.

5.3.1 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 Agency has 3 rates available, by default the rate is set at package 2 rate of 12%. Any changes to this will be agreed on a case by case basis prior to matching on the position unless otherwise stated in the Terms.

-Package ONE:10% + vat: This is our basic recruitment package and is charged at 10% of the salary

–Package TWO:12% + vat: This package includes marketing the position, online searches, matching on our database. This is our popular package within Hospitality sector and is charged at 12% of the salary.

-Package THREE:15% + vat: This package includes everything in package 2, it also has additional marketing & a free replacement within 8 weeks.Guaranteed period / Rebates are for 1st 16 weeks with a free replacement for the 1st 8 weeks and rebate thereafter. This package is charged at 15%.

5.4.1.The Recruitment Agencies rack rates is 17% & any late invoices or breaches of our terms, are charged at full rack rate.

5.4.2.HtE Recruitment Priority service. For clients with urgent requests, the recruitment agency can offer a priority service. This will include dedicated adverts for your business (not naming the company for GDPR) however will cover your job gap. You will also have sponsored marketing, a dedicated team member allocated to matching on your role. You will also have priority on our website & social media. The charge for this is a none refundable£200+vat. This charge is a upfront charge, which is taken offer the above finders fee. This priority service will be agreed on a vacancy by vacancy basis.

5.5 Additional services:

5.5.1: Paid trial week: Any clients that do a working trial for candidates as part of the interview process, if the trial is over 8 hours or  more then 1 day, we charge a daily admin fee of £50+vat, capped at £200 per week. This is a maximum of 1 week and then the above fee would apply. This fee is charged even if you do not take the candidate on.

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6. Skill set review – Rebate / Guarantee period

6.1 All appointees are guaranteed for a period of time from the commencement date, as per time scales below. The rebates cover you a period to review the skills of the candidate. The rebate period does not cover retention issues or redundancy, and provided we are notified in writing within seven days of departure/termination. The client is responsible to ensure the working conditions and culture will retain a worker, the rebates cover skill sets. 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 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 appontments or fixed term contracts.

6.4 The agency needs to be notified with 7days of a candidate leaving for the rebate to apply.

6.5 The skill set rebate period: We offer a rebate period for clients to give time to review the skills of a candidate. The rebate will depend on the package that has been agreed. Package 2 and package 3 offer a higher Guarantee period, which is built into the cost of the package. By default, clients are on package 2 unless otherwise agreed in writing. The package must be agreed prior to matching on a job. The rebate periods are as follows:

– Package ONE:Week 1: 100%, week 2: 70%, week 3: 60%, week4: 50%, week 5: 40%, week 6: 30%, week 7: 20%, Week 8: 10%, week 9: 0%. Week 1-4 is a refund within 14 days into your bank account. Week 5-8 is a credit note off your next invoice

– Package TWO:week 1: 100%, week 2: 90%, week 3: 80%, week4: 70%, week 5: 60%, week 6: 50%, week 7: 40%, Week 8: 30%, week 9: 20%, week 10: 10%, week 11: 0%. Week 1-8 is a refund within 14 days into your bank account. Week 9-10 is a credit note off your next invoice

– Package THREE:week 1-8 we offer a free replacement for the same job title & job remit (clause 6.7), week 9-12: 25% rebate and week 13-16 is a 10% rebate

6.6 Once a candidate has started a week, that is classed as that week completed. We class Monday as the start of a week. If a candidate starts on a wednesday, we class Mon&Tues as days off for example. The start of each week for start dates is a monday.

6.7 Free Replacement. This is offered to clients on package 3. The free replacement is one free replacement for the same job title & location. The agency does not offer a 100% refund for this period & if a company decides not to replace, then the rebate % in package two would apply. The Client are required to inform the agency prior to rematching on the role, they would rather the rebate period for package 2 instead. Once the Recruitment Agency invests resource into rematching, the agency can not offer any alternative. The expiry date for matching is a 6 month period for a free replacement. If the remit has changed or changes during the rematch, the agency would charge a additional £200 readvertisment fee.

6.8 Any paid trial weeks are classed as week one for rebate periods.

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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 greater than 8 week, than 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 All discounted rates and special offers are only applicable on invoices paid within 14 days. Late payments are charged at the full general rate of 17%.

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

7.5 The rebate periods in section 6 are only applicable for invoices paid on time. If a offer has been made & accepted however is withdrawn from the client after it is accepted or redundancy takes place, the full fee is still due. Rebates are based on a skill set review and does not include retention issues unless a client has either purchased a retention audit from the Recruitment Agency OR has a retention plan in place. Rebates do not apply is a candidate has left due to being under paid, paid late, working over the contracted hours on a regular basis or not getting breaks.

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.

7.8 If the client requests a payment plan, this will be considered by the agency and the request must be put in prior to matching on a role. Weekly payment plans have a “processing / admin” charge of £20 per payment for invoices below £3499 and £25 for invoices above£3500. For example, if the invoice is paid over 4 weeks, the additional amount is £80 and over 8 weeks is £160. All prices are plus vat. weekly payment plans are considered on a case by case basis only and not automatic, they need a Director approval first. If the director does not approve, the 14 days apply. If they are approved and 1 week is missed, the total amount is due for payment in one payment and late payment charges would then apply, as per 7.7.

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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. The package is default to package 2 unless agreed in advance otherwise. This must be agreed prior to matching on a position & not at offer stage. The agency will not be able to change the package at offer stage. 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.

• 8.3 Interviews should be one stage or at a maximum a 2 stage interview, with one of the 2 stages being a online or phone stage. If the interview is more than 1 inperson stages, the client might be responsible for covering the cost of travel for the candidate for the 2nd stage. The client is responsible for H&S for any practical interviews and insurance. The Recruitment Agency holds no responsibility for the actions of candidates during a working trial shift. The client is responsible for H&S and Fire training prior to a working interview starts. The client must only hold a working trial for a live job, if after a trial, it turns out no live job is available & the trial is used as filling a gap on a rota, the client will be liable for paying the worker for the hours worked and the Recruitment Agency a the admin fee of £50 per day as per clause 5.5.1

• 8.3.1 The agency can not offer any guarantees on the candidates communication with the Agency or Client. The agency asks candidates to inform the agency if they are no longer interested however the agency under the Recruitment Act 1973/2010 can not offer a guarantee the candidate will.

• 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 The agency 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. Any working trials, the client must check this prior to the trial starts and the agency hold no responsibility for this.

• 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, otherwise the candidate is classed as the agencies candidate regardless of how the interview is set up. Clause 8.9 will apply to clients who recruit a candidate without advising us of a CV already being sent. If a candidate reaches out to the company direct once we have sent a CV to chase themselfs, as the client has not got back to the Agency, the CV is still classed as a CV the agency submitted

• 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.

• 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 rack rate of 17% 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. Priority service fee – For all 3 packages, we offer a priority service which offers extra advert sponsorship and marketing sponsorship. The charge for this is £200 + vat 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 CV sending Ghosting charge: We offer a service to clients to market your company to candidates, register candidates & get them interested in your job. If the agency sends a CV within the 1st 10 days after the job take email & the client has not responded within a 2 week window, a £200 admin fee is charged to cover the time spent by the agency. This admin charge only applies if a client does not come back with any feedback or updates within a 14 day window of a cv sending.
• 8.10.3 The Recruitment Act 1973/2010 require the Recruitment agency to set out the charges prior to interviews, to prevent a candidate not being offered due to charges. Inline with the recruitment act, we can not change the package, finders fee percentage or rebate terms at offer stage. If a client either withdraws a offer or does not offer due to recruitment costs, the Recruitment Agency would charge a admin fee of £200+vat to cover the time spent arranging interviews & matching.
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• 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. The client is responsible for wages being above the living wage.

• 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.
• 8.16 The Agency offers it’s finders service during standard office hours (Monday to Thursday 8am to 5pm and Friday 8am to 2pm), The agency do not offer the standard Finders service on Bank holidays, 2 week period over christmas or weekends. We offer a premium service to clients who request this, The premium service is chargeable at £150 per week and offers telephone or email support on weekends, over Christmas and bank holidays. This is in addition to our finders service fee and offers support until 8pm and on bank holiday, weekend and the Christmas 2 week period. The default is our standard service during standard office hours unless a client requests for the premium one in advance.

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9. Right to work

9.1 The agency offer a finders service to source candidates. The employment is with the client and the candidate. It is the client’s 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 client’s 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.

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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.

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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.

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12. CONFIDENTIALITY AND DATA PROTECTION

All information relating to a 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.

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These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of a Candidate. These terms of business are sent out via a online signing platform and a link on job take emails. Once a client starts to engage with the Recruitment Agency, these terms are accepted as binding unless the client puts in writing they do not accept the terms. These terms are classed as accepted within 3 hours of the job being given to the agency to work on. By engaging with the agency, you accept the terms.

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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

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Sign of behalf of the company:

Name:

Sign:

Legal Company name:

Date:

Trading compay name

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​For clients without signed terms, these terms apply once you either give us a job to work on or set up a interview.