Terms and conditions of business for the introduction of staff
BY HST Hiring Group
- These Terms and Conditions of business (“these Terms”) are between HST Hiring Group (company number 13744376) whose registered office is at Suite 2 Blackburn Business Centre, Davyfield Road, Blackburn, BB1 2QY and the Client.
- In these Terms the following words or phrases have the following meanings:
“Assumed salary” shall mean the last-known annual earnings of a Candidate whether from employment or otherwise prior to the Engagement of the Candidate by the Client.
“Candidate” shall mean any individual seeking an engagement Introduced by the Company to the Client whether directly or indirectly and whether or not for the purpose and intention that the Candidate be Engaged by the Client in any specific Role.
“Client” shall mean an individual, firm or corporation to whom the Candidate is Introduced by or through the Company, and shall include any individual firm or corporation which is associated with, subsidiary to, or holding company of, or has any common shareholders or directors with the Client.
“Company” shall mean HST Hiring Group acting as an Employment Agency.
“Engagement” shall mean the employment or use directly or indirectly of the Candidate by the Client or third party (including any group company or associated company) on a permanent or temporary basis. Engagement shall include the entering into any contract of service, contract for services, agency agreement, licence agreement, franchise agreement, partnership agreement, or any other commercial relationship between the Client and the Candidate (or through a limited company of which the Candidate is director or shareholder or a principal employee) which involves a payment by or on behalf of the Client to or on behalf of the Candidate. Any Engagement shall be treated as such if it takes place within 12 months of the Introduction of the Candidate by the Company to the Client.Engage(d)/(s) shall be construed accordingly.
“Fee” shall mean the fee payable by the Client to the Company on the Engagement by the Client of a Candidate Introduced by the Company as set out in these Terms. The Fee will include additional charges for out of pocket expenses necessarily incurred in the processes by which the Client is Introduced to aCandidate and/or Engages a Candidate (for example, accommodation and travelexpenses). The Fee will be subject to VAT at the appropriate rate.
“Introduction” shall mean any means (direct or indirect) by which the Companynotifies the Client of the Candidate which notification leads to the consideration ofthe Candidate for Engagement or the Engagement of the Candidate by the Client.
Without prejudice to the generality of this definition, the Client may be informed of the Candidate by telephone, in writing, by fax, by e-mail or by other means of theprovision of details of the Candidate (including any CV of the Candidate) by the Company. Further, if the Company arranges (or assists to arrange) any form of interview of the Candidate by the Client, it shall be treated as having Introduced
the Candidate to the Client. Introduce(d)/(s) shall be construed accordingly.
“Salary” shall mean the gross annual remuneration.
“Special Role” shall mean any role particularised by the Client in an instruction by the Client.
The Client acknowledges, is deemed to have read, and agrees to accept and be bound by these Terms when an Introduction takes place.
These Terms are the entire contract between the Client and the Company and may be varied only with the written consent of the Company Chairman or a Director of the
Company. The Company may elect to treat such consent as invalid if the Client fails to conform with any provision in these Terms relating to the payment of any Fee and/or Advertising Fees.
- The Fee
If the Client Engages the Candidate subsequent to an Introduction by the Company, the Client will pay to the Company a 17.5% Fee of base salary, subject to a minimum Fee of x2 the on account invoice. The final placement invoice will be less the initial ‘On Account’ payment.
2.1. The Client must notify the Company immediately upon the offer of an Engagement and acceptance of an offer of Engagement by a Candidate.
2.2. The Fee will be deemed payable on the date on which a Candidate accepts an offer of Engagement. The Company will invoice the Client upon receipt of notification pursuant to clause 4.2 (or if the Client is in breach of clause 4.2 as soon as the Company becomes aware of an
accepted Engagement (subject to clause 10.2). The Client will pay the invoice within 14 days of the date of the invoice.
2.3. If the Engagement takes place outside the UK and any Salary is paid in currency other than pounds sterling, the Client agrees to pay theFee in accordance with these Terms as if the payment currency had been converted to pound sterling at the date of the Engagement. Unless agreed otherwise, the parties shall use www.xe.com for carrying out any currency conversions.
2.4. Where remuneration to the Candidate comprises commission only payments the Fee payable shall be calculated as if the scale referred to these Terms were applied to the Candidate’s Assumed Salary. In such circumstances the minimum Fee of x2 the on account invoice. The final placement invoice will be less the initial ‘On Account’ payment.
2.5. In the event that the Engagement is for a fixed term of less than 12 months, the Fee will be calculated pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-Engages the Candidate within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a
further Fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the Sooner.
2.6. The Client will not, without the prior written consent of the Company, at any time while the Company is working for or with the Client or during the period of 6 months after the conclusion of any such work, solicit or entice away from the Company or employ or attempt to employ or engage any person who is, or has been, engaged as an employee, consultant or subcontractor of the Company and has dealt with/for the Client on behalf of the Company.
Any such consent given by the Company shall be subject to the Client paying to the Company a sum equivalent to either:
- that set out in clause 4.1 if the individual is an employee; or
- 50% of the remuneration paid to the individual over a 12 month period (adjusted as necessary if the individual has worked for the Company for less than 12 months), if the individual is a consultant or subcontractor; or
- £25,000, whichever is greater.
- Special Instructions Where the Client instructs the Company to search for, locate and inform the Client of Candidates suitable for a Special Role (“Special Instructions”), the Client will pay the Fee in two stage payments. For the purpose of calculating the Fee the Salaryshall be treated as that amount which the Client informs the Company itanticipates will be paid to the Candidate who fills the Special Role. 30% of the overall fee (minimum of £2000) will be payable on the giving of Special Instructions to the Company by the Client when the candidate commences employment. Subject to a minimum Fee of x2 the on account invoice. The final placement invoice with be less the initial ‘On Account’ payment.
3. No stage payments are refundable in any circumstances after they become payable.
- Departure of Candidate – Rebate Provision
We are so confident that our HST Assured process and methodology delivers the very best people to our clients we guarantee our work with a 100% Replacement Guarantee
Our research, qualification, assessment and delivery process is so refined that 96% of the candidates we place are still in employment 12 months later, with 93% after 24 months.
Our clients tell us this retention rate is considerably higher than that experienced when using other recruiters. We remove any risk from the process by offering an industry-leading free replacement service for up to 12 months. This is subject to our final invoice being paid in the agreed timeframe as per clause 2.2
In the unlikely event that a candidate leaves the business in the first 30 days then a 100% fee rebate will be given should the client request
- Suitability, references, and special situations
5.1 The Company endeavours to ensure the suitability of any Candidate Introduced to the Client by obtaining confirmation of the Candidate’s identity, that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body, and that the Candidate is willing to work in the position which the Client seeks to fill. However, the Company does not represent, warrant or undertake to find a suitable or any Candidate for each vacancy notified to it by the Client and the Client accepts and agrees that the Company gives no warranty as to the suitability of any Candidate for any vacancy.
5.2 At the same time as proposing a Candidate to the Client, the Company shall inform the Client of such matters in clause 8.1 of which they have obtained confirmation. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day
(excluding Saturday, Sunday and any public or Bank holiday).
5.3 The Client shall at all times act in a professional and lawful manner when dealing with the Candidate and carrying out its obligations in respect of the process of engaging the Candidate. The Client will inform the Company of any issues that would be prudent to any Candidate. Without prejudice to the generality of this provision, the Client will inform the Company (and subsequently the Candidate) of any requirements relating to Health and Safety.
5.4 The Client will indemnify and hold harmless the Company from and against all claims and losses arising from loss, damage, liability, injury to the Company, its employees and third parties, by reason of or arising out of:
b. any loss, injury, expense or delay suffered or incurred by a Candidate, however caused, and/or
- any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in connection with the acts and omissions of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise, that arises directly or indirectly out of or in connection with the Introduction, Engagement or use of a Candidate, the withdrawal by the Client of a vacancy, any information supplied by the Client to the Company or the Client’s breach of these Terms. Where the Candidate is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Company will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Candidate, two references from persons not related to the Candidate who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Candidate is suitable for the position. If the Company is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
- The Client will inform the Company of any relevant statutory duties that may be imposed upon a Candidate in respect of such Candidate’s interview or Engagement and will indemnify the Company in respect of any loss arising from breach of such statutory duty.
- Data Protection
6.1 “Data Protection Legislation” means the Data Protection Act 1998 as amended, extended, re-enacted or consolidated from time to time (including without limitation the implementation of the General Data Protection Regulation 2016/679/EC); “Privacy Legislation” means the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations2003 (SI 2426/2003) as amended, extended, re-enacted or consolidated from time to time; and “Personal Data” has the meaning given in the Data Protection Legislation.
- Each party agrees that it will comply at all times with its obligations under the Data Protection Legislation and the Privacy Legislation.
- The Company will ensure that:
a. adequate privacy notices have been provided to Candidates so that they understand the circumstances under which their Personal Data will be shared, the purposes of the data sharing along with a description of the data recipient; and
b. it has obtained the Candidates’ consent to share their Personal Data where necessary.
- General provisions
7.1. The Client warrants that it will keep confidential all information relating to the Candidate. In particular, the Client will not, without the Candidate’s prior written consent, contact a Candidate’s employer until an Engagement of the Candidate by the Client has taken place.
7.2. If the Client does not inform the Company of an Engagement of a Candidate by the Client following an Introduction and the Company subsequently finds out about the Engagement, the Client will pay the Fee to the Company. The Fee will be based on the scale of charges contained in these Terms, which calculation shall be based on 125% of the Assumed Salary.
7.3. In the event of late payment of any sums due by the Client to the Company pursuant to these Terms, the Company reserves the right to charge interest on all overdue sums at the rate of 4% per annum about the base rate of the Bank of England from time to time.
7.4. If any provision of these Terms is prohibited by law or judged by a court to beunlawful, void or unenforceable, the provision will, to the extent required, be severed and rendered ineffective as far as possible without modifying the remaining provisions and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
7.5. No failure or delay by the Company in exercising any right, power or privilege under these Terms will impair the same or operate as a waiver nor will any single or partial exercise of any right, power or privilege preclude any further exercise.
7.6. The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation which may be suffered or incurred by the Client arising from or in connection with the Company seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Company to Introduce any Candidate, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of the Company. In particular, the Company will not be liable for any loss, injury, damage, expense or delay arising from or in connection
a. any failure of the Candidate to meet the Client’s requirements for all or any of the purposes for which the Candidate is required by the Client;
b. any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or
c. any loss, injury, damage, expense or delay suffered by a Candidate. 1. Subject to clause 10.9, the total liability of the Company under or in connection with these Terms
whether arising in contract, tort, negligence, breach of statutory duty or otherwise will not exceed the Fees paid or due to be paid by the Client to the Company under these Terms.
7.7. The Company will not be liable to the Client in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
7.8. Nothing in these Terms shall limit or exclude the liability of the Company for death or personal injury arising from its negligence, fraud or for any other matter that cannot by law be limited or excluded.
These Terms are governed by the law of England and are the parties agree to be
subject to the exclusive jurisdiction of the Courts of England.