General Terms of Business for A Team Recruitment
1.0 Interpretation
1.1 In these conditions;
‘agency’ A Team Recruitment
‘Client’ means the person who accepts these Terms and Conditions for the provision of services by A Team Recruitment.
‘Services’ means the recruitment of personnel
‘Candidate’ means a person registered on the A Team Recruitment database, known, or introduced by A Team Recruitment.
‘Conditions’ means the Standard Terms and Conditions set out in this document and (unless the context otherwise requires) includes any Special Terms and Conditions agreed in writing between the Client and A Team Recruitment.
‘Contract’ means the Contract for the provision of services by A Team Recruitment for the client.
‘Writing’ includes e-mail, facsimile and comparable means of communication.
1.2 The headings in the Conditions are for convenience only and shall not affect their interpretation.
2.0 Basis of the sale
2.1 These Terms and Conditions of Business are between A Team Recruitment and the Client and are accepted by the Client following commencement of any search or the introduction of an applicant, or presentation of their details, or an interview with, or the engagement of (which term includes employment under a contract of service or the services of, whether by the Client or any associated company of the Client). However are only payable if an applicant is successful and commences employment with the client.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Client and A Team Recruitment.
2.3 Any typographical, clerical or other error or mission in any literature, quotation, price, list, acceptance of offer, invoice or other document or information issued by A Team Recruitment shall be subject to correction without any liability on the part of A Team Recruitment.
3.0 Fees Payable
3.1 The acceptance of our proposal for recruitment of personnel will be taken as acceptance of our terms and conditions.
3.2 The Client agrees to:
1.1.1. notify A Team Recruitment immediately of the terms of any offer of an Engagement which it makes to the Candidate;
1.1.2. notify A Team Recruitment immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the A Team Recruitment of the Remuneration agreed with the Candidate together with any documentary evidence as requested by A Team Recruitment
1.1.3. pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, within 14 days of receipt
3.3 The Introduction Fee is calculated in accordance with the below Fee Structure Schedule based on the Remuneration applicable during the first 12 months of the Engagement.
1. SCHEDULE: FEE STRUCTURE (Clause 3.3)
Remuneration
£0-£10,000 – 10% Fee
£10,001 – £15,000 – 12.5% Fee
£15,001 – £25,000 – 15% Fee
£25,001 + – 17.5% Fee
3.4 Where the actual Remuneration is not known, A Team Recruitment will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to A Team Recruitment by the Client and/or comparable positions in the market generally.
3.5 Where prior to the commencement of the Engagement A Team Recruitment and the Client agree that the Engagement will be based on a fixed term of less than 12 months, the Introduction Fee will apply pro-rata. If the Client (a) extends the Engagement beyond the initial fixed term or (b) re-Engages the Candidate within 6 calendar months from the date of termination of the agreed period of the fixed term Engagement, then the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable for (a) the extended period of Engagement or (b) the period of the second and any subsequent Engagement, subject to the Client not being liable to pay a greater sum in Introduction Fees than the Client would have been liable for under clause 3.3 had the Candidate first been Engaged for 12 months or more.
4.0 Payment Terms
4.1 Payment: Invoices are due for payment in full within 14 days of the candidates commencement of employment or date of invoice (whichever is the latter)
4.2 Late Payment: Late payment will void any guarantees. Legal action will be taken to recover any outstanding monies.
5.0 Refund
5.1 The following scale of refund only applies in the event that the Client complies with the provisions of clauses 3.2, 4.1.
5.2 Where the Candidate ceases working for the Client during the first 12 weeks of the Engagement (except where the Candidate is or will be made redundant) or fails to commence an Engagement, a refund of the Introduction Fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions in clause 4.1 and 4.2. This is only for clients who have paid percentage of the salary.
Week in which the Candidate
terminates in accordance with clause 4.2
Weeks 1 – 2
Weeks 3 – 4
Weeks 5 – 8
Weeks 9 -12 % of introduction fee Refunded
100%
65%
35%
15%
5.3 There will be no refund where the Candidate’s Engagement is terminated (or the Engagement would have terminated but for any period of garden leave or payment in lieu of notice) during or after the 13th or 7th week of the Engagement.
5.4 If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of 6 calendar months from the date of termination then the refund shall be repaid to the Agency. The Client shall not be entitled to any further refunds in relation to the re-Engagement of this Candidate.
6 Liability
A Team Recruitment accepts no liability for any:
Loss, damage or delay arising from any failure to provide candidates
Loss of or damage to property or for any loss or injury to persons arising directly or indirectly from any act or omission by any candidate even if such act or omission is negligent, reveals dishonesty, misconduct, shows lack of skills or in any other way.
The client hereby acknowledges that it will not rely upon any statement or representation about an applicant made by or on behalf of A Team Recruitment whether orally or in writing and the client will take all reasonable steps to be satisfied (without reliance on A Team Recruitment ) as to the suitability of an applicant before making any appointment.
7.0 Confidentiality
A Team Recruitment is registered under the data protection act and conducts all business within set guidelines.
Candidate information is provided to the client in the understanding that this is in confidence and must not be passed to any third party.
7.1 If the client has a prior application from a specific candidate (however so received) then A Team Recruitment must be informed immediately. Failure to do so (should the candidate be appointed) will be liable to full payment. If the prior application is over 12 months then the presentation of the candidate to the client will be deemed a new candidate.
7.2 Until a candidate has been offered a position and that offer has been finalised and accepted clients must not make direct contact with the candidate other than during interviews arranged by A Team Recruitment or unless agreed with A Team Recruitment . Any such contact will be treated as an approach outside of these terms and conditions and void and guarantees.
7.3 If candidate details are passed to another employer (including another part of any group of companies) then the client shall be liable to pay the full fee as if they had employed the candidate directly
7.4 A Team Recruitment retains the right to contact appointed candidates to ensure a smooth transition beyond any trial period and for marketing purposes.
8.0 General
8.1 No waiver by A Team Recruitment of any breach of contract by the client shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.2 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the provisions of these conditions and the remainder of the provisions shall not be affected.
8.3 These terms and conditions and any other contacts shall be governed by English law and A Team Recruitment and the client agree to submit to the exclusive jurisdiction of the English courts.
