Terms and Conditions
PERMANENT RECRUITMENT – Standard terms and conditions.
Recruitment services performed by Hans-Global Technical Recruitment Ltd (HGTR) or any of its associates whereby applicants for employment ("Applicants") are introduced to Clients ("Client") shall be subject to the following terms and conditions:
1.1. In these Terms of Business the following definitions apply:
"Applicant" means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency's own staff.
"Client" means the person; firm or corporate body together with any Subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced.
"Agency" means Hans-Global Technical Recruitment Ltd of Parkhouse, 5 Beck Hill, Tealby, Lincs, LN8 3XS..
"Engagement" means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee.
"Introduction" means (i) the Client's interview of an Applicant in person or by telephone, following the Client's instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a Curriculum Vitæ or information which identifies the Applicant; and which leads to an Engagement of that Applicant;
1.2. Unless the context requires otherwise, references to the singular include the plural.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
(a) The Client shall pay a recruitment fee to Hans-Global Technical Recruitment Ltd whenever an Applicant who has been introduced to the Client by Hans-Global Technical Recruitment Ltd commences employment with the Client.
(b) A recruitment fee shall also be payable by the Client for any staff, contractor or agent of Hans-Global Technical Recruitment Ltd who is employed by the Client following a direct or indirect introduction by Hans-Global Technical Recruitment Ltd.
(c) Introductions by Hans-Global Technical Recruitment Ltd are confidential and a fee shall be payable by the Client for any employment by a third party of an Applicant introduced to the Client by Hans-Global Technical Recruitment Ltd, where the Client has disclosed particulars of such Applicant to the third party.
(d) An introduction shall be deemed to have taken place following confirmation by Hans-Global Technical Recruitment Ltd of arrangements for the Client to interview the Applicant, such arrangements having been made at the request of the Client. A recruitment fee shall remain due for any employment of the Applicant by the Client within twelve (12) months of such introduction.
(e) The Client shall notify Hans-Global Technical Recruitment Ltd immediately of the acceptance by an Applicant of any offer of employment, whether under a service contract or for services, made by the Client.
(f) The recruitment fee shall be calculated as a percentage in accordance with the Applicants first year basic salary and unless otherwise agreed prior to commencement stands at 18%
(g) Hans-Global Technical Recruitment Ltd's invoice in respect of any recruitment fee shall be dated with the date of the first day of the employment, and invoices shall be due and payable within thirty (30) days of such date unless other arrangements are agreed.
3. REFUND OF FEES
(a) If a recruitment fee has been paid to Hans-Global Technical Recruitment Ltd pursuant to the employment of an Applicant, and if the Client terminates the employment of the Applicant within the first ten (10) weeks of such employment for reasons of poor performance or gross misconduct, the termination date being taken as the actual date of departure in the event of no notice being given or, the final day of notice period (or the notice period indicated by the extent of ex-gratia payment made), Hans-Global Technical Recruitment Ltd may EITHER:
Make a refund to the Client in proportion to the number of weeks (part weeks to be considered full weeks) between the dates of employment and termination, as follows: Week 1-2 100%
Weeks 2 to 4 - 75% Weeks 4 to 6 - 50% Weeks 7 to 8 - 25%, Weeks 9 to 10 – 12.5%
OR: use it's best endeavors to find suitable replacement staff, in which case Hans-Global Technical Recruitment Ltd's right to any further recruitment fee shall be waived, such option to be at the discretion of the Client.
(b) This Clause 3 shall be void and of no effect if the Client has failed to observe Hans-Global Technical Recruitment Ltd's payment terms as set out in Clause 1(g) here of.
4. WARRANTY AND LIABILITY
Hans-Global Technical Recruitment Ltd warrants only that it has taken reasonable measures to ensure that statements and claims made by applicants are reasonable and accurate, and references are taken up by Hans-Global Technical Recruitment Ltd for applicants for permanent employment upon request from the Client only. Hans-Global Technical Recruitment Ltd accepts no liability for any losses whether direct or indirect, resulting from information supplied by the Applicant to Hans-Global Technical Recruitment Ltd and subsequently supplied in good faith by Hans-Global Technical Recruitment Ltd to the Client.
5. VARIATION OF TERMS
Any variation of or change to the terms herein shall be valid only if expressed in writing.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the
Courts of England & Wales.
7. DATE OF AGREEMENT
These Terms and Conditions are dated as at February 2012 and supersede all Hans-Global Technical Recruitment Ltd previous Terms and Conditions for Permanent Recruitment.
Signed on behalf of Client:_____________________
Signed on behalf of Hans-Global Technical Recruitment Ltd
or post to Parkhouse, 5 Beck Hill, Tealby, Market rasen, Lincolnshire, LN83XS*