Terms and Conditions for the Supply of Permanent Staff
Innovate Hire Solutions Limited is a recruitment agency incorporated in England under company number 15807585 and whose registered office is at Regent Place, City Centre, Birmingham B1 3NJ.
1. Definitions
1.1 “Agency” refers to Innovate Hire Solutions Ltd. 1.2 “Client” refers to any individual, company, or entity engaging the Agency’s services. 1.3 “Candidate” refers to any individual introduced by the Agency to the Client. 1.4 “Engagement” refers to the employment, hire, or use of a Candidate by the Client on a permanent or temporary basis, whether under a contract of service or for services. 1.5 “Introduction” refers to the Client’s receipt of a Candidate’s details from the Agency.
2. These Terms
Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by a Director of the Agency. 2.2 The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon either their submission of any information or data to the Agency; or their making an application to a Client, whichever occurs first. 2.3 The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency will make reasonable efforts to notify Clients and Candidates of any changes. 2.4 These Terms and Conditions supersede all previous terms of business.
3. The Agency’s Obligations
3.1 The Agency will use reasonable efforts to introduce suitable Candidates to the Client. 3.2 The Agency will take steps to ensure Candidates are suitable based on the information provided by the Client but does not guarantee the suitability or qualifications of the Candidates.
4. The Client’s Obligations
4.1 The Client agrees to provide the Agency with all necessary information regarding the position to be filled, including job descriptions, required qualifications, and working conditions. 4.2 The Client must inform the Agency immediately upon the Engagement of a Candidate and provide details of the agreed terms of employment. 4.3 The Client agrees not to engage the Candidate directly or indirectly without notifying the Agency. 4.4 The Client agrees to indemnify and hold harmless the Agency against any and all claims, costs, damages, and losses arising from the Client’s use of a Candidate introduced by the Agency. 4.5 The Client agrees not to solicit or employ any employee or contractor of the Agency involved in the provision of services under this agreement for a period of 12 months from the termination of this agreement without prior written consent from the Agency.
5. Fees
5.1 Fees for permanent placements are calculated as a percentage of the Candidate’s first-year gross annual remuneration as agreed upon between the Agency and the Client. 5.2 All fees are subject to VAT at the prevailing rate. 5.3 Fees become payable upon the commencement of the Candidate’s employment with the Client. 5.4 An introduction is valid for 12 months from the date the Candidate’s details are provided to the Client. If the Client engages the Candidate in any capacity during this period, the Agency’s fees will be due.
6. Payment Terms
6.1 Invoices are payable within 30 days from the date of the invoice. 6.2 The Agency reserves the right to charge interest on invoiced amounts overdue at the statutory rate as prescribed pursuant to Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (as may be calculated using the calculator on the website: www.payontime.co.uk) from the due date until the date payment is received in cleared funds and reserves the right to charge compensation and further recovery costs in accordance with the Late Payment of Commercial Debts Regulations 2013.
7.1 If a Candidate engaged in a permanent role leaves the Client’s employment within 8 weeks from the start date, a replacement will be provided free of charge. 7.2 If the Agency is unable to provide a suitable replacement within 4 weeks, a refund will be provided according to the following scale:
100% if the Candidate leaves within the first 2 weeks
50% if the Candidate leaves between 2-4 weeks
25% if the Candidate leaves between 4-8 weeks
The following conditions must be met in order for Client to qualify for a rebate – a) Client must notify Agency that the Candidate’s employment has ended within 7 days of the employment ending or within 7 days of notice being given to end the employment (whichever is earlier) together with a reason for the premature end of the employment; b) Agency’s invoice for the fee must have been paid within the payment terms in accordance with clause 6.1; c) the Candidate’s employment is not terminated by reason of redundancy or re-organisation or change in strategy of Client; d) the Candidate’s employment is not terminated by reason of poor performance prior to the completion of any induction or training period; e) if the Candidate’s employment is terminated by reason of misconduct, rebate is only due where such misconduct was reasonably foreseeable by Agency; f) the Candidate did not leave the employment because he/she reasonably believed that the nature of the actual work was substantially different from the information Client provided prior to the Candidate’s acceptance of the employment; g) the Candidate did not leave the employment as a result of discrimination or other acts against the Candidate; and h) the Candidate was not at any time in the 12 months prior to the start of the employment employed or hired (whether on a permanent or contract basis, directly or indirectly) by Client. 7.3 Where Client re-engages the Candidate on an employment, worker or indirect (via a Third Party) basis, Client agrees that any rebate paid to Client under clause 7.1 in respect of that Candidate, will be immediately repaid to Agency by Client.
8. Confidentiality
8.1 Both parties agree to keep all information regarding the other party confidential. 8.2 The Client agrees not to disclose any information regarding the Candidate to any third party without the Candidate’s and the Agency’s consent.
9. Data Protection
9.1 All personal information that the Agency may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Candidate’s rights under the GDPR. 9.2 For complete details of the Agency’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Agency’s Privacy Notice.
10. Liability
10.1 The Agency shall not be liable for any loss, damage, or expense incurred by the Client arising from the Introduction or Engagement of a Candidate. 10.2 The Agency’s liability for any breach of these Terms and Conditions or negligence shall be limited to the amount of the fees paid by the Client. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
11. Termination
11.1 Either party may terminate this agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of these Terms and Conditions.
12. Governing Law
12.1 These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. 12.2 Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Severability
13.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14. Waiver
14.1 No failure or delay by either party in exercising any right, power, or remedy will operate as a waiver of it.
By engaging the services of Innovate Hire Solutions, the Client agrees to be bound by these Terms and Conditions.