Terms & Conditions
1.These terms and conditions of business apply between Tec4hire Consulting Ltd and/or any subsidiaries, associates or names (“the agency”) and the employer (“the client”). They are deemed accepted by the client, when the client instructs the agency on a recruitment exercise, or grants an interview to a candidate introduced by the agency, irrespective of whether these terms and conditions are signed and dated by the client. No change to these terms and conditions is accepted, unless expressly agreed by a director of the agency in writing. The scale of fee applies to any candidate introduced by the agency and employed by the client within 12 months of introduction. If the client or any subsidiary or associated company of the client, subsequently re-engages the candidate within a period of 12 months from the date of termination, a full fee in accordance with clause 2 below will become payable immediately.
2.An introduction is made on the earliest date a candidate’s details are sent to the client (whether by electronic mail, post or any other means) or arrive at the client’s premises. Any introduction through another consultancy will be disregarded for the purpose of these terms and conditions, should the candidate expressly wish to proceed with the application through the agency. Introductions are strictly confidential and any assessment notes or other documents prepared, or information supplied concerning candidates are for the exclusive and confidential use of the client.
a)The introductory fee will be based upon the candidate’s guaranteed earnings in the first year of employment. Advertising costs and other expenses will be agreed separately with the client.
For the purposes of calculating the introductory fee due under these terms, offers expressed in foreign currencies shall be converted into sterling at the exchange rate in use by Nat West Bank Plc on the day the relevant invoice is raised.
b)The introductory fee for any retained assignment will be a percentage agreed in advance of the successful candidate’s projected basic salary, as defined in (a) above.
c)The introductory fee for any temporary, part time, consultancy or free lance work undertaken by a candidate for a client, will be calculated in accordance with (a) and (b) above. Invoices will be rendered monthly. In the event that a candidate initially employed on a temporary, part time, consultancy or free lance basis, if a candidate is employed within six months of completion of an assignment or twelve months of commencement of an assignment, whichever is the sooner, an introductory fee will be payable in accordance with clause 2 (a) or (b) as appropriate.
4.The client agrees to pay all fees invoiced without deduction within 30 days of receipt of a correct invoice by the agency. The agency reserves the right to charge interest on all late payment of invoices calculated at the rate of 8% per calendar month or part thereof.
5.If the engagement terminates before the expiry of 8 weeks, and the termination is not due to redundancy, or the liquidation, bankruptcy, dissolution or amalgamation of the client, the following will apply:
The client shall receive a rebate against the total introductory fee paid. The rebate shall be calculated as a proportion of the introductory fee as follows:
If the candidate’s employment was terminated within
1 – 4 weeks of the start date 100% rebate
5 – 8 weeks of the start date 50% rebate
6.The client undertakes to notify the agency immediately of the intention to engage whether directly or indirectly, a candidate introduced by the company.
7.The agency endeavours to ensure the suitability of all candidates introduced to the client. The client however, should satisfy itself as to the suitability of any candidate and should take up references for all candidates to be engaged. The client is solely responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigation into the medical history of any candidate, and to satisfy any medical and other requirements or qualifications required by law.
8. If the client refers a candidate introduced by the agency to another firm or company, which employs such a candidate directly or indirectly, then the client shall be responsible and immediately liable for the full amount of the introductory fee. The guarantee provisions set out above shall not apply in these circumstances.
9.The agency shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the client arising from or in any way connected with the agency seeking any candidate for the client, or the introduction of any candidate by the agency to the client or connected with the recruitment or the engagement of any candidate by the client.
10.Any expenses incurred following an introduction (e.g. travel expenses, cost of entertainment, etc.) shall not be theresponsibility of the agency, unless previously agreed to in writing by a director of the agency.
11.The client agrees to indemnify and keep indemnified the agency from and against any and all loss, damage and liability and anylegal and other costs and expenses suffered and incurred by the agency because of any neglect or default by the client or in connection with the enforcement of any of the legal obligations created by this agreement.
12.These terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.