These Terms and Conditions (the “Terms”) will apply at all times and will form the contract (the “Contract”) between Humres Technical Recruitment (“Humres”) (acting as an Employment Agency) and (the “Client”)
1. In these Terms, the following expressions shall be given the following meanings:
1.1 “Applicant” means a person introduced by Humres to the Client to be considered for an Engagement.
1.2 “Engagement” means the employment, hire or other use, directly or indirectly of the Applicant under a contract of service or contract for services on a permanent, temporary or other basis (communicated either orally or in writing), made immediately or at any time within a twelve-month period following the date of final interview, or initial introduction by CV, whichever is the later; and “Engage” and similar expressions shall be interpreted accordingly.
1.3 “Introduction” means when the availability of an Applicant is communicated by Humres to the Client (including and not limited to by post, facsimile, email or telephone or by any other means) whether directly or indirectly to the Client including but not limited to: the presentation via CV of an Applicant to the Client by Humres or interviewing an Applicant introduced by Humres by telephone or face to face whether or not that Applicant was known previously to the Client; and “Introduce” and similar expressions shall be interpreted accordingly.
1.4 If a Candidate that has been introduced to the Client by the Company is subsequently introduced to the Client by another recruitment agency, third party or via a direct approach by either the Candidate or Client and the Client employs the Candidate within twelve (12) months of the Introduction, the Client is liable to pay a fee in accordance with Clause 8. For the avoidance of doubt, there is no requirement for an Introduction of a Candidate/Applicant to be the effective cause of their Engagement and any implied term to that effect is hereby excluded.
1.5 The Client is required to keep a record of all Introductions made by the Agency and to reject any introductions of the same Candidate from other agencies and any direct approaches by the Candidate for a period of 12 months from the date of his/her Introduction by the Agency.
1.6 “Salary” is deemed to include the annual basic salary or wage or retainer paid plus any allowance or other payment made which forms part of taxable emoluments paid.
1.7 Headings do not affect the interpretation of this agreement.
1.8 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.9 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated.
1.10 Words in the singular include the plural and in the plural include the singular.
1.11 A reference to one gender includes a reference to the other gender.
1.12 A reference to writing or written includes faxes and emails.
1.13 A reference to a particular statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts and subordinate legislation for the time being in force made under it.
2. These Terms shall apply to and be incorporated into the Contract and shall prevail over and supersede any inconsistent terms or conditions contained, or referred to, in the Client’s terms and conditions, or implied by law, trade custom, practice, or course of dealing.
3. The parties agree that these Terms will govern every Introduction by the Client, or an associated company of the Client, of every Applicant notified by Humres to the Client from time to time. These Terms may not be varied except in writing and must be signed by Humres and the Client prior to the Client interviewing an Applicant. Otherwise, any such variation will not be valid, and these Terms shall prevail.
4. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Humres and the Client, 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.
5. The Client shall be deemed to have accepted and agreed to these Terms on the earliest of the following events, whether or not it has signed and delivered the Terms to Humres:
5.1 An Applicant has been Introduced to the Client by Humres; and/or
5.2 A CV of a prospective Applicant has been sent to the Client by Humres by any means; and/or
5.3 The Client or any person on its behalf has taken steps to arrange an interview with the Applicant; and/or
5.4 The Client or any person on its behalf has interviewed the Applicant (by telephone, face to face, or any other means); and/or
5.5 The Client or any person on its behalf has offered to Engage or has Engaged an Applicant, whether directly or indirectly; and/or
5.6 The Client or any person acting on its behalf performs an act that constitutes an Introduction.
5.7 For the avoidance of doubt, there is no requirement for any Introduction to be the effective cause of any Engagement, and any implied term to that effect is hereby excluded to the greatest extent permitted by law.
6.1 Humres does not warrant the suitability, skill, ability, or experience of the Applicant.
6.2 Humres cannot guarantee to find a suitable Applicant for the Client’s requirements.
7.1 The Client will provide Humres with sufficient information in good time to enable Humres to find suitable Applicants, including but not limited to: the experience, qualifications, and abilities of the Applicant that the Client considers necessary and/or required by law, information regarding when and where work is to commence, and the remuneration payable.
7.2 The Client unconditionally consents to information about itself being provided to the Applicant.
7.3 The Client will notify Humres immediately if an offer to Engage an Applicant has been made or the Applicant has been Engaged by the Client (whichever occurs first). Details of such job offers, including remuneration, benefits, and whether a company vehicle is provided, must be put in writing to Humres prior to the Engagement of any successful Applicant.
7.4 The Client will immediately notify Humres if an Applicant is Introduced to the Client by another employment agency, and warrants and undertakes that it will not act on any information received from that agency. The Client shall appoint Humres as the sole agent to act on the Applicant’s behalf in relation to any Engagement of the said Applicant.
7.5 The Client is responsible for ensuring that references are taken up to satisfy itself that the Applicant has the necessary qualifications and skills to perform the required duties.
7.6 The Client is responsible for obtaining any required work permits, satisfying any medical requirements, ensuring all legal obligations connected to the vacancy are met, and ensuring that all payments relating to the Applicant—including National Insurance Contributions, taxes, and other emoluments—are paid.
7.7 The Client undertakes to inform Humres immediately if the remuneration offered to the Applicant is higher than the amount notified to Humres within a 12-month period from the Engagement. In such cases, the Fee will be recalculated and the Client will pay a revised fee in accordance with Condition 8.
7.8 The Client undertakes that if it directly or indirectly Introduces the Applicant to another entity, including but not limited to any associated company of the Client, the terms of Condition 8 shall apply.
7.9 The Client undertakes to notify Humres immediately if an Applicant leaves its employment but is later re-employed by the Client within six months from the date the Applicant left the Engagement.
7.10 In the event that the Client fails to comply with its obligations under this Condition 7 (Obligations of the Client), the terms of Conditions 9 and 10 will apply.
8. A fee calculated in accordance with this Clause (the “Fee”)
will be payable by the Client to Humres in respect of the Engagement of an
Applicant.
The Fee shall be payable upon the Applicant accepting the offer of Engagement or
commencing the Engagement, whichever occurs first.
8.1 The Fee payable will be calculated as a percentage of the
Salary, in accordance with the scale below:
| Salary Range (GBP) | Fee Percentage |
|---|---|
| £0 – £19,999 | 15% |
| £20,000 – £29,999 | 17.5% |
| £30,000 – £39,999 | 20% |
| £40,000 – £74,999 | 25% |
| £75,000 – £99,999 | 30% |
| £100,000+ | 35% |
All placements are subject to a minimum Fee of £3,500.
If the Applicant is provided with a company vehicle, an additional £6,000 will
be added to the salary package and the Fee will be calculated
accordingly.
VAT will be payable on the above Fee at the prevailing rate at the time.
8.2 If the Salary paid to the Applicant is lower than the
Applicant’s previous salary, Humres reserves the right to charge a Fee based on
the Applicant’s previous salary.
8.3 If it is not possible to determine the Salary being paid,
an automatic Fee will be charged based on the Applicant’s previous salary plus
25%.
The Rebate under Condition 11 will not apply in such cases.
8.4 If a Client engages an individual currently employed by
Humres Technical Recruitment, or who was employed within 6 months of their last
working day, the Client will be charged a flat Fee of £10,000.00 plus VAT.
9. If the Client fails to fulfil its obligations under the
Contract, especially under Condition 7:
9.1 Humres reserves the right to charge the Fee in full as per
Condition 8, and no refunds will be given under Condition 11 (Rebate).
9.2 Any discounts or variations previously offered in relation
to the Applicant’s Engagement will be null and void.
10. All Introductions are confidential. If the Client or its representatives refer the Applicant to a third party within 12 months of Introduction, Humres reserves the right to charge the Fee under Condition 8 as though the Client had directly engaged the Applicant.
6. Rebate Eligibility
In order to qualify for any Rebate, Refund, Replacement, Discount Guarantee, or
any form of warranty
mentioned or implied within these Terms of Business, the corresponding invoice
must be paid strictly
within the specified payment terms.
11.1 Humres does not recognise trial periods. If a Candidate
leaves the Engagement
within eight (8) weeks of commencing work, the Client will, subject to Clauses 9
and 10, be entitled
to a Rebate as detailed below (the "Rebate").
| Period of Employment | Rebate Percentage |
|---|---|
| Not exceeding 2 weeks | 80% |
| Not exceeding 3 weeks | 60% |
| Not exceeding 4 weeks | 40% |
| Not exceeding 5 weeks | 30% |
| Not exceeding 6 weeks | 20% |
| Not exceeding 7 weeks | 10% |
| Not exceeding 8 weeks | 5% |
11.2 No Rebate will be provided for any Fees charged under
Clauses 9 or 10, or for
Fees arising under Clause 7.8, or in cases where discounted or negotiated Fees
apply.
11.3 If a Candidate leaves and is re-employed by the Client
within six (6) months,
the period of Engagement will be treated as continuous when calculating
eligibility for Rebate.
11.4 A Rebate will not be payable unless Humres receives
written notification from
the Client within ten (10) calendar days of the Candidate leaving, specifying
the date and reason for
leaving. Humres maintains sole discretion to determine whether such notification
is sufficient.
11.5 Payment of any Rebate is entirely at the discretion of
Humres.
11.6 In these Terms, a Rebate shall mean a credit issued by
Humres to the Client for
deduction from future invoices, where applicable.
11.7 Regardless of any entitlement to a Rebate, all invoices
must be paid strictly
within the agreed credit terms. The Client has no right to set off any claimed
or proven Rebate
against outstanding invoices.
11.8 If payment is not received within the credit terms, no
Rebate shall apply under
any circumstances.
The Client's attention is particularly drawn to the provisions of this
Condition.
13.1 Humres shall not be liable to the Client for any of the
following, howsoever arising,
in relation to the Engagement or use of the Applicant:
13.1.1 loss of profits;
13.1.2 loss of business;
13.1.3 depletion of goodwill and/or similar losses;
13.1.4 loss of anticipated savings;
13.1.5 loss of goods;
13.1.6 loss of contract;
13.1.7 loss of use;
13.1.8 loss or corruption of data or information;
13.1.9 any special, indirect, consequential or pure economic loss, costs,
damages, charges, or expenses.
13.2 Nothing in these Terms excludes or limits Humres’
liability for death or personal
injury resulting from its negligence.
14.1 The Client shall indemnify and keep indemnified Humres against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Humres arising out of or in connection with:
14.1.1 any Engagement; or
14.1.2 any breach by the Client of this Contract; or
14.1.3 any breach of the Client and any associated companies or persons for
failure to abide
by all applicable statutory provisions.
15.1 This Contract shall be governed by the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English and Welsh Courts in respect of any dispute arising regarding the construction and application of these Terms.
15.2 Telephone calls to and from the offices of Humres are recorded for training and monitoring purposes.
15.3 If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
15.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
15.5 Any failure of Humres to enforce any of its rights under the Contract shall not be deemed to be a waiver of such rights or of the right to subsequently enforce the terms of this Contract.
15.6 This Contract is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, anyone else.
15.7 Humres will not be liable to the Client for any liability, failure or delay of its obligations under this Contract where this arises from matters outside of its control.
15.8 This Contract may not be assigned by the Client.