CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF WHILE NOT ON A MONTHLY PLAN OR FREE TRIAL
1.1 In these Terms of Business the following definitions apply:
means the person introduced by the Agency to the Client for an Engagement including members of the Agency’s own staff;
means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 that Introduces the Applicant;
means JobLab Limited (Companies House No. 09291775) a company incorporated in England and Wales whose registered office is at 13 Windsor Road, Gerrards Cross, Buckinghamshire SL9 7NB or a member of the Client Group;
means companies connected to the Client within the meaning of section 839 of the Income and Corporation Taxes Act 1988.
means the engagement, employment or use of the Applicant by the Client on a permanent, fixed term or temporary basis, under a contract of employment;
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 which leads to an Engagement of that Applicant;
the base salary receivable by the Applicant for the first 12 months of employment or if the Applicant is employed for less than 12 months, the pro rata base salary rendered to or on behalf of the Client.
Unless the context requires otherwise, references to the singular include the plural.
The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
- THE CONTRACT
These Terms constitute the contract between the Agency and the Client and contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Client, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Agency.
No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Client and the Agency and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
NOTIFICATION AND FEES
3.1. The Client agrees:
- To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
- To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
- To pay the Agency’s fee within 7 days of the date of invoice.
Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees.
The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated at 15% of the Applicant’s Remuneration applicable based on a 12 month Engagement. VAT will be charged on the fee if applicable.
If the Client subsequently engages or re-engages the Applicant within the period of 3 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.3 above becomes payable.
In order to qualify for the following refund, the Client must pay the Agency’s fee within 7 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Scale of Refund set out in the schedule to these Terms of Business.
Introductions of Applicants are confidential. The disclosure by the Client to a third party, other than Client Group, of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.3 with no entitlement to any refund.
- SUITABILITY AND REFERENCES
The Agency shall ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant 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 Applicant is willing to work to work in the position which the Client seeks to fill.
At the same time as proposing an Applicant to the Client the Agency shall inform the Client of such matters in clause 6.1 as they have obtained confirmation of. 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) following save where the Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to the Client.
The Agency shall take all reasonable steps to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
The Agency shall take all reasonable steps to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
Notwithstanding clauses 6.1, 6.2, 6.3 and 6.4 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant.
To enable the Agency to comply with its obligations under clauses 6.1, 6.2, 6.3 and 6.4 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration and the intervals of payment of remuneration.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales
By entering your email and signing up to JobLab you agree to these Terms of Service
SCHEDULE: SCALE OF REFUND
The following scale of refund only applies in the event that the Client complies with the provisions of clause 3.1 of these Terms of Business.
Where the Applicant leaves during the first 12 weeks of the Engagement, a partial 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.
|Week in which candidate leaves||% of introduction refunded|