Terms of Business & Service Level Agreement
Effective Date: Aug 2026 | Version 1.0
Important Notice
These Terms of Business ("Terms") govern the Fixed Fee Recruitment Service provided by HST Hiring Group ("the Agency") to the Client named in the accompanying Engagement Order. Payment of the Fixed Fee constitutes acceptance of these Terms in full. These Terms supersede any prior terms, correspondence, or verbal agreements.
1. Definitions
In these Terms, the following definitions apply:
- "Agency" means HST Hiring Group, a company registered in England & Wales (Company No. 3744376), whose registered address is Office 44, 3 Caxton Rd, Fulwood, Preston PR2 9ZZ
- "Client" means the organisation named in the Engagement Order that has engaged the Agency under these Terms.
- "Engagement Order" means the written document (email confirmation, signed brief, or purchase order) setting out the role(s) to be recruited, the Fixed Fee payable, and the agreed Search Period.
- "Fixed Fee" means the discounted, pre-paid recruitment fee specified in the Engagement Order, payable in full prior to the commencement of any recruitment activity.
- "Search Period" means the time limit within which the Agency will actively search for candidates, as specified in the Engagement Order (default: 12 weeks from campaign launch unless otherwise agreed).
- "Candidate" means any individual introduced by the Agency to the Client in connection with a vacancy.
- "Placement" means the engagement of a Candidate by the Client in any capacity — permanent, contract, or interim — whether directly or through a third party.
- "Rebate Period" means the 8-week period commencing on a Candidate’s start date during which a rebate or replacement obligation may apply.
- "SLA" means a service level obligation as set out in Sections 4 and 5 of these Terms.
"Working Day" means Monday to Friday, excluding UK public holidays.
2. The Fixed Fee Model
2.1 How It Works
The Agency offers a Fixed Fee recruitment service whereby the Client pays a single, agreed fee in advance of the recruitment campaign commencing. In return, the Agency provides a committed search, shortlisting, and candidate management service for the duration of the agreed Search Period. The Fixed Fee represents a material discount on the Agency’s standard contingency fee rates.
2.2 Payment Terms
- The Fixed Fee is due in full prior to the commencement of any recruitment activity.
- Payment must be received within 5 Working Days of the Engagement Order being issued.
- The Agency reserves the right to delay the campaign launch date until payment is confirmed.
- The Fixed Fee is non-refundable except as expressly stated in Section 6 of these Terms.
- All fees are stated exclusive of VAT, which will be charged at the prevailing rate.
2.3 What the Fixed Fee Includes
- Proactive direct search and headhunting activity targeted to the role specification.
- Advertising across agreed job boards and the Agency’s proprietary candidate network.
- Candidate screening, telephone/video interviews, and competency assessment.
- Submission of a minimum of shortlisted candidates (subject to market availability).
- Interview coordination and scheduling.
- Offer management and post-placement support through the Rebate Period.
- A dedicated consultant as the Client’s single point of contact throughout.
2.4 What the Fixed Fee Excludes
- Psychometric or technical testing (available at additional cost).
- Salary benchmarking reports beyond basic guidance.
- Travel or expenses incurred at the Client’s specific request.
- Any role added or materially altered after the Engagement Order is signed.
3. Engagement Order & Role Specification
- The Client must provide a full, written role specification (job title, salary range, responsibilities, essential/desirable criteria, location, and start date) prior to campaign launch.
- The Agency may request reasonable clarification before accepting an Engagement Order.
- Once accepted, changes to the role specification will be treated as a new instruction and may require an amended Engagement Order and additional fee.
- The Agency is not obliged to commence work until a compliant role specification and full payment have been received.
4. Agency Service Level Obligations
The Agency commits to the following service levels in order to fulfil its obligations under the Fixed Fee model. These SLAs apply from the date of campaign launch (confirmed in writing to the Client).
Agency SLA Compliance Condition
The Agency's obligations under Section 6 (Remedies) apply only where the Agency has met its SLAs as set out above AND the Client has met its SLAs as set out in Section 5. Where Agency SLAs are not met, the Client's remedies are enhanced as described in Section 6.
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| SLA Obligation |
Timeframe |
Notes |
| Campaign Launch Confirmation |
Within 1 Working Days of payment received |
Written confirmation of launch date, assigned consultant,
and search strategy.
|
|
Initial Candidate Longlist
(if headhunting is required for the campaign)
|
Within 3 Working Days of campaign launch |
A longlist of identified target candidates with commentary.
|
| First Shortlist Submission |
Within 10 Working Days of campaign launch |
Minimum 3 screened CVs with assessment notes and initial
video interview submitted to the Client.
|
| Subsequent Shortlist (if requested) |
Within 5 Working Days of request |
Subject to Client feedback being provided per Section 5 SLAs.
|
| Interview Scheduling |
Within 1 Working Days of Client confirmation of candidates
to progress
|
Agency coordinates availability and sends calendar invites.
|
| Post-Interview Debrief |
Within 1 Working Day of each interview |
Agency contacts Client to gather feedback.
|
| Offer Management |
Within 1 Working Day of Client instruction to make offer
|
Agency presents offer and manages candidate response.
|
| Progress Update Reports |
Weekly (booked in advance) |
Written update on activity, pipeline, and market observations.
|
| Escalation Response |
Within 1 Working Day |
Response to any formal Client concern raised in writing.
|
5. Client Service Level Obligations
The success of the Fixed Fee model depends on active and timely collaboration from the Client. The following Client SLAs are a condition of the Agency’s performance obligations and the availability of any refund or remedy.
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| SLA Obligation |
Timeframe |
Notes |
| Provision of Full Role Specification |
Prior to campaign launch |
Full written brief including salary, reporting line,
and must-have criteria agreed at onboarding meeting
|
| CV Feedback (shortlisted candidates) |
Within 1 Working Days of submission |
Written accept/reject decision with reasons for each
candidate submitted.
|
| Interview Availability |
Within 3 Working Days of shortlist approval |
Client to offer at least 3 interview slots per accepted
candidate.
|
| Post-Interview Feedback |
Within 1 Working Days of interview |
Written or verbal feedback provided to the Agency for
each candidate.
|
| Offer Decision |
Within 2 Working Days of final interview |
Client to notify the Agency of the outcome and any
conditions.
|
| Communication & Availability |
Within 1 Working Day |
Response to Agency queries or requests for information.
|
| Notification of Role Change |
Immediately upon decision |
Written notice if the role is placed on hold, cancelled,
or materially altered.
|
| Notification of Direct Application |
Immediately upon receipt |
If a candidate applies directly to the Client during the
Search Period, Client must notify the Agency.
|
Client SLA Non-Compliance — Important
Where the Client fails to meet any of the above SLAs, the Agency's obligations to provide refunds, free replacement searches, or other remedies are suspended or forfeited, as set out in Section 6. The Agency will issue a written notice when a Client SLA breach occurs and allow a 2 Working Day cure period before applying any consequence.
6. Remedies, Penalties & Non-Delivery
6.1 No Hire Within the Search Period — Both Parties Met SLAs
Where the Agency has met all SLAs in Section 4 and the Client has met all SLAs in Section 5, and no Placement has been made by the end of the Search Period, the following remedies apply:
- The Agency will offer, at the Client’s election, either:
- A free extended search campaign of up to 8 additional weeks at no further charge, with refreshed search activity and re-advertising.
- The Client must notify the Agency in writing within 5 Working Days of the Search Period expiry to elect its preferred remedy.
- Failure to notify within this window will be treated as an election for the extended search.
6.2 No Hire Within the Search Period — Agency Failed SLAs
Where no Placement has been made and the Agency has failed to meet one or more SLAs in Section 4 (irrespective of Client SLA compliance), the following remedies apply:
- Full refund of the Fixed Fee, paid within 10 Working Days of written request; OR
- An option for the Client to re-engage the Agency Fixed Fee, free of charge for a similar role, to be agreed in writing AND
- A written root-cause analysis from the Agency explaining the shortfall; AND
6.3 No Hire Within the Search Period — Client Failed SLAs
Where no Placement has been made and the Client has failed to meet one or more SLAs in Section 5:
- No refund shall be payable, and the Fixed Fee is retained by the Agency in full.
- The Agency will notify the Client in writing at the point of SLA breach.
- If the Client’s SLA failure directly caused the delay (e.g., failure to provide interview availability for 3+ weeks), the Search Period will be extended by an equivalent number of Working Days, provided the Agency notifies the Client of the extension at the time of breach.
- The Agency may, at its discretion, offer to continue the search at a reduced continuation fee.
6.4 Role Withdrawal or Cancellation by the Client
If the Client withdraws, cancels, or indefinitely suspends the vacancy after the Engagement Order has been signed:
- The Fixed Fee is non-refundable in all circumstances.
- This applies regardless of whether any candidates have been submitted.
- If the role is reactivated within 6 months, the Agency will resume the search at no additional charge, provided the original Fixed Fee has been paid.
Independent or Third-Party Hire:
Where the Client fills the vacancy — or a materially similar vacancy — through any means other than the Agency during the Search Period or within 6 months of its expiry, including by direct hire, internal promotion presented after the Engagement Order was signed, or engagement of another recruitment agency, the Fixed Fee shall be retained in full with no refund obligation whatsoever. Where the Agency’s Fixed Fee is less than its standard contingency fee for an equivalent placement, the Client acknowledges that the difference represents a discount afforded solely on the basis of exclusivity, and that circumventing this arrangement causes material loss to the Agency beyond the Fixed Fee itself.
6.5 Placement Made — Candidate Leaves Within the Rebate Period
Where a Placement is made and the placed Candidate leaves or their engagement is terminated within the Rebate Period (6 weeks from start date):
- Where both parties met their respective SLAs: The Agency will conduct one free replacement search of equivalent scope within 10 Working Days of written notification, subject to market conditions.
- Where the Client failed one or more SLAs during the original campaign: No replacement obligation arises. A further search may be conducted at a negotiated fee.
- The rebate does not apply where: (a) the Candidate leaves due to redundancy or company restructure; (b) the role’s responsibilities materially change after the start date; (c) the Client terminates the Candidate’s engagement without cause within the Rebate Period.
6.6 Summary Matrix
7. Exclusivity, Conduct & Market Conditions
7.1 Exclusivity
The Fixed Fee model is offered on the basis of an exclusive instruction to the Agency for the duration of the Search Period. The Client agrees not to engage other recruitment agencies, internal referral schemes, or direct advertising for the same role during this period without prior written agreement. Breach of exclusivity will result in the Fixed Fee being retained in full with no refund obligation regardless of Agency SLA compliance.
7.2 Market Conditions Disclaimer
The Agency shall use reasonable endeavours to identify suitable Candidates within the Search Period. However, the Agency cannot guarantee placement in all circumstances. Market conditions (including candidate availability, salary competitiveness, and geographic constraints) may affect outcomes. The Agency will notify the Client promptly if market conditions present material challenges and propose reasonable adjustments to the search strategy.
7.3 Candidate Engagement
All candidates introduced by the Agency remain the Agency’s introduction for a period of 12 months from the date of introduction. Should the Client engage any introduced Candidate directly during this period — outside of an Agency-facilitated Placement — a placement fee equivalent to the Agency’s standard rate shall become immediately payable, regardless of the Fixed Fee arrangement.
8. Data Protection
- Both parties agree to comply with the UK GDPR and the Data Protection Act 2018 in respect of all personal data processed in connection with these Terms.
- The Agency will only share Candidate personal data with the Client for the purpose of assessing suitability for the specified role.
- The Client must not retain Candidate data beyond the period required for the recruitment process and must not use it for any other purpose.
- The Agency’s Privacy Notice sets out how Candidate data is processed.
9. Limitation of Liability
- The Agency’s total liability under these Terms shall not exceed the amount of the Fixed Fee paid by the Client in respect of the relevant engagement.
- The Agency accepts no liability for: (a) the conduct or performance of any placed Candidate; (b) losses arising from the Client’s failure to meet its SLAs; (c) indirect, consequential, or economic losses of any kind.
- Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
10. Dispute Resolution
- Any dispute arising from these Terms should in the first instance be raised in writing with the Agency’s Client Services Director.
- Both parties agree to attempt to resolve disputes through good-faith negotiation within 10 Working Days of written notification.
- If unresolved, either party may refer the dispute to a mutually agreed mediator before commencing legal proceedings.
- These Terms shall be governed by the laws of England and Wales, and both parties submit to the exclusive jurisdiction of the English courts.
11. General Provisions
- Entire Agreement: These Terms and the Engagement Order constitute the entire agreement between the parties and supersede all prior representations or arrangements.
- Variation: No variation to these Terms is effective unless agreed in writing and signed by authorised representatives of both parties.
- Waiver: Failure to enforce any provision shall not constitute a waiver of the right to do so subsequently.
- Severability: If any provision is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Notices: All notices must be in writing and sent by email to the designated contact addresses confirmed in the Engagement Order.
