Contract for the Provision of Client Recruitment Services Terms and Conditions
BETWEEN:
The Service Provider:
The Administration Hub, hereafter referred to as TAH – the service provider.
Whose registered office address is: 124 City Road, London EC1V 2NX England.
Phone: 020 3983 5333 Email: info@theadministrationhub.co.uk
AND
The Service Receiver: Hereafter referred to as the client.
Whose full contact details will be collated separately.
The Client contracts to instruct TAH to carry out the services as defined in this document and as such to authorise TAH to gather and access all relevant information to enable TAH to provide those services.
The Client agrees to pay TAH the fees agreed in accordance with the Schedule of Fees detailed within this document.
By signing this contract, the Client wholly accepts the conditions herein and authorises TAH to complete the work as detailed and agreed and to prepare as necessary any letters, forms, declarations and other correspondence for the client to authorise prior to submission in respect of the work being carried out for their business.
The Client shall use all reasonable endeavours to provide all pertinent information to TAH that is necessary for the provision of the services by TAH.
Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions detailed in the Agreement shall not be the responsibility or fault of TAH.
The Following Definitions apply to these Terms and Conditions:
“Candidate” applies to a person or limited company introduced by TAH to the client for the purposes of either permanent or fixed term employment with the client.
“Client” refers to the person or organisation that has engaged TAH to assist with the search, recruitment, and introduction of one or more candidates to fill one or more positions within the client organisation or workplace.
“Recruitment Package” refers to the actual service level required by the client, either as defined within TAH standard Bronze, Silver or Gold Recruitment Packages as published and offered or a bespoke service package as defined and agreed with the client. The recruitment package chosen will be specified within the quotation and/or invoice provided to the client.
“Engagement” refers to any sort of permanent or temporary employment or engagement by the client of a candidate introduced by TAH, either directly or indirectly, whether under a contract of service, or for services and or opportunity.
General Conditions:
The following Terms and Conditions will apply to any recruitment services provided by TAH. In accepting and engaging the recruitment services of TAH the client has accepted these Terms and Conditions.
These conditions shall be binding on the client and will be applicable to any position, post, or type of engagement offered or provided to any candidate introduced by TAH to the client or any subsidiary or new venture organisation of the client of any type.
Any mutually agreed specific variation[s] to these Contract Terms and Conditions shall be detailed on TAH quotation provided to the Client. Any such variation[s] will apply in conjunction with all other non-varied Terms and Conditions as detailed herein.
Within these Terms and Conditions, the stated singular will also apply to the plural, in the event of one or more position and/or candidate.
In accepting a recruitment package from TAH the client is authorising TAH to act behalf of and represent the client in the fulfilment of the recruitment services contract.
Where the client opts for a exclusive recruitment agreement in respect of a specific position with TAH, the payment conditions of this agreement shall apply as detailed.
Where the client decides to place the same prospective recruitment position with TAH, and simultaneously with one or more other recruitment agencies, a £500.00 initial fee shall be payable to TAH, which shall be deducted from any final fee due to TAH, in the event of successful recruitment by TAH. In the event of successful recruitment to the position by an agency other than TAH, the initial fee shall be retained by TAH to defray the costs expended.
TAH – Obligations:
TAH agrees to carry out the required and specified recruitment services on behalf of the client in a professional competent and timely manner and to promote the good name and reputation of the client at all times during the process.
TAH agrees to liaise with the client as necessary to produce all the necessary documentation and information to facilitate the recruitment process in accordance with the client brief, including the ethos and branding of the client’s business.
TAH agrees to keep the client appraised of the timescale and progress of all elements of the recruitment process.
TAH will ensure that specific consent is obtained from individual candidates prior to their introduction to clients.
TAH will always advise the client of any unintended and/or suspected breach of statute at any stage of the recruitment process.
TAH agrees to supply to the client copies of any relevant qualifications, authorisations and non-confidential references that have been provided to TAH in respect of the candidate. In any case where TAH is not statutorily permitted or for any other reason to obtain or pass on such information relating to the client, TAH shall inform the client of the prevailing restrictions.
TAH agrees to issue a formal Tax invoice for all payments received.
Client Obligations:
The client shall provide TAH with all necessary information to allow the recruitment process to be fully undertaken in a timely and efficient manner. Such information shall include but not be limited to, the role and or type of work, the location of the work, the usual hours of work (including any ‘unsocial hours’ requirements, and where applicable, the duration of the employment.
The client will also furnish TAH with any specific role and candidate requirements relating to any additional aspects such as, but not limited to, specific training, expertise and qualifications, authorisations, professional accreditations, Disclosure and Barring Service (DBS) checks, security and safeguarding clearance, and any other statutory obligations required from the candidate.
The client will provide TAH with details of the proposed remuneration for the position and all other benefits associated with the position. Such details shall include, but not be limited to; payment processes, remuneration dates and cycles, bonus or additional payments, expense entitlements, leave entitlement, sickness payments and procedures, time and work recording processes and notice requirements etc.
TAH will accept minor changes to the role advertised. Changes that significantly amend the position and terms offered will be subject to TAH’s discretion.
The client will notify TAH if the client is aware of, or becomes aware of, any matter that may or is likely to cause detriment in any way to a candidate or to the client, by engaging a candidate in a position, or within the recruitment process itself.
Unless specifically agreed and recorded otherwise, the client agrees that all communications and notifications of any type, to both prospective and any accepted candidates for the agreed position (or any variation thereof), shall be made via TAH, until the commencement of the successful candidate within the position in question.
In the event that the client receives a direct application from a candidate, the client will provide TAH with the date and time of the candidate’s initial application.
The client agrees to immediately notify TAH of the engagement of a candidate as a result of the engagement of the recruitment services provided by TAH and the type and/or duration of the contract agreed with the candidate. Such notification requirements will be binding on the client in the event that a candidate is offered a position with the client other than the position specified within the recruitment services contract.
The client accepts that it is ultimately responsible for satisfying itself that a candidate is suitable for the position.
Where a work permit, visa or other type of specific authorisation is required for a candidate to undertake a position offered by the client it shall be the client’s obligation to obtain any such documentation, or to ensure that such authenticated documentation is in place.
Where, as part of the recruitment process, a candidate is requested and agrees to travel and accommodation such costs, as agreed between the Client and the Candidate, shall be paid directly to the candidate by the client.
The client agrees to pay the agreed fees for the recruitment service provided by TAH as detailed in the contract including such taxes as statutorily levied by the Government at the rate applicable at the time and within the agreed timescale. All fees are payable by direct Bank transfer to the nominated TAH account.
Fee Options and Conditions:
TAH offers specified recruitment packages and may also agree to bespoke recruitment to its clients.
Gold
Premium package offering end to end recruitment from creating the initial job description, targeting candidates, bespoke telephone interviews through to reference checking the successful candidate.
- Job description refined
- Advertisement optimised for best results
- Role advertised on multiple job boards
- CVs reviewed and shortlisted against role criteria
- Telephone interview questionnaire responses and recruitment advisor feedback provided to client
- FREE Certified in Remote Working Course for hybrid and remote workers worth £79
Extra in Gold Package
- Specific candidate targeting
- Clients bespoke and personalised questions incorporated into telephone interview questionnaire to candidates
- Detailed telephone interviews carried out for up to 8 shortlisted candidates
- Organise up to 5 in person or remote interviews with client and candidates
- Obtain two reference checks for successful candidate
- Carry out Right to work check for successful candidate
12.5% of annual salary up to £49,999pa – not restricted to 30-day advertising, but up to a maximum of 90 days at TAH discretion.
15% of annual salary from £50,000pa + – not restricted to 30-day advertising, but up to a maximum of 90 days at TAH discretion.
Fees only paid upon successful recruitment in the following percentages:
50% of the payable fee to be paid to TAH upon receipt of written acceptance by the candidate of a job offer made by the client.
The final 50% of the payable fee becomes due for payment to TAH on the agreed commencement date of the candidate within the offered role.
In the event that a client is interested in offering the role to more than one candidate (up to a maximum of 3 candidates), this can be included in the signed contracted terms and conditions for the specific role advertised. Although advertising will be closed from the successful acceptance of the first candidate no new applicants will be accepted.
Where TAH recruitment packages are payable, either in whole or part, upon the successful recruitment of a candidate – the following will apply:
In the event that after an offer of employment has been accepted by a candidate, the client withdraws such offer, the client shall be liable for a cancellation fee of 50% of the permanent introduction fee.
Where commission, bonus or similar payments form the whole or any part of the candidate’s remuneration payment and or salary, such payments shall be included in the calculation of any fee payable to TAH.
In the event that the client engages a candidate without notification to TAH, in any capacity, within one year of the Candidate being introduced by TAH the Client will be liable for a permanent introduction fee based on the total first year’s remuneration quoted by the Client on the registration of the position, without entitlement to rebate. If the total first’s year’s remuneration was not quoted the introduction fee shall be £4,000.
In the event that the client engages a candidate without notification to TAH, the client, or any employee, sub-contractor or agent of the client, acting in any capacity or position whatsoever or refers or introduces a candidate to a third party, resulting in the employment or engagement of the candidate in any capacity, the client will be liable for a permanent introduction fee based on the total first year’s remuneration quoted by the Client on the registration of the position, without entitlement to rebate. If the total first’s year’s remuneration was not quoted the introduction fee shall be £4,000.
In the event that, within one year of a client notifying TAH of a requirement to fulfil a position and/or engaging in the recruitment process via TAH thereafter, any employee or sub or freelance contractor of TAH is engaged, in any capacity by the client or any third party of the client, as a result of referral by the client, or its employee, agent or sub-contractor, theses terms and conditions will apply. In such a case the client will be liable to pay TAH a permanent introduction fee based on the total first year’s remuneration of the person employed or engaged.
In the event of a candidate being engaged by a client and leaving the client’s employment within 8 weeks of commencement for any reason other than for a reason of the clients own organisational processes or organisational defects, the client shall be entitled to the following rebates on the fees paid to TAH:
For a period of engaged employment of up to 4 weeks a 50% rebate of the recruitment and introduction fee is payable. For a period of engaged employment of between 4 -8 weeks a 25% rebate of the recruitment and introduction fee is payable.
Rebates shall only be paid in accordance with the following conditions:
The engaged candidate has not left the client’s employment or engagement as a result of the clients own organisational processes or organisational defects. Such organisation processes and/or defects shall include, but not be limited to, redundancies caused by any reason, business reorganisation or business location changes for any reason, changes in work processes, practices and/or conditions, newly or emergency introduced governmental or statutory restrictions and/or unexpected or significant changes in the personal circumstances of the engaged candidate.
The client must notify TAH of the engaged candidate’s departure within seven days of the client receiving notification.
A certified copy of the engaged candidate’s resignation notification is provided to TAH.
The engaged candidate has not initiated any legal actions against the client nor signed a non-disclosure agreement with the client.
The original fee has been paid in full and with the agreed time by the client to TAH.
Rebates will not be paid if the client accepts a replacement candidate introduced by TAH.
Rebates shall not apply to fixed term contracts of any type.
In the event that a rebate is paid to the Client the client shall not re-engage the candidate in any capacity within one year of the date of actual termination of employment/engagement.
Fee Payments:
Fees will be payable in the amounts agreed and at the times agreed, as detailed within the recruitment package accepted by the client. Invoices sent to clients shall be paid within 7 days of the invoice date, where advance payment applicable work will not commence until the invoice has been paid.
All payments are to be made by bank transfer to the account details provided on the invoice.
VAT will be charged at the prevailing statutory rate.
Overdue payment will, at the discretion of TAH, be charged at the prevailing UK Government recommended rate of interest and compensation for overdue accounts.
In the event of default by the client in respect of any sums due, the client will be liable for all costs incurred by TAH in recovering the outstanding amount[s].
In the event of any late or overdue payment by the Client or unresolved dispute concerning works and/or payment, TAH reserves the right to discontinue any outstanding recruitment services until the overdue payment is received and/or any dispute is resolved.
Liability:
Except where they arise out direct and attributable negligence by TAH, no liability will be accepted by TAH for any costs and/or expenses incurred by the client arising from the introduction and/or engagement of a candidate. Such exclusion of liability shall include, but not be limited to, property damage, personal injury and death, reputational damage, malfeasance, fraud and misrepresentation.
Where a prospective candidate is invited onto the clients premises of any kind, for the purposes of such as, but not limited to, discussion, interview, explanation, assessing suitability, illustration of the client’s work and practices etc., it shall be the client’s sole responsibility to hold and maintain suitable liability insurance on behalf of the prospective candidate in all such circumstances.
Force Majeure and Unavoidable Delays:
TAH shall not be responsible for any loss or damage arising out of delay in the completion of any works due to any cause beyond the control of TAH. Any such events will include, but not be limited to, weather related incidents, natural disasters, general power or services outages – including generalised internet failure, Covid or other pandemic related events and restrictions.
Communication.
All notifications and communication between TAH and the client shall be made to the usual registered address or usual electronic address of either party.
Notifications and communications can be provided by post (including registered mail), courier or by e-mail. Where receipt of a notification is required it should be requested by the sender and provided by the recipient upon receipt of the notification.
All notifications and communications sent and received by either party should be retained.
Confidentiality and Data Protection.
Both TAH and the client shall at all times respect the confidentiality of all information related to any quotation and/or contract and the personal information of all prospective candidates and will at all times observe the requirements of the UK General Data Protection Regulations (GDPR) as amended and effective from the 1st January 2021.
Jurisdiction.
All contracts and any agreed variations and any resulting adjudication between the client and TAH shall be covered under the Law of England and Wales.