Terms & ConditionsFor the supply of permanent staff
In these terms and conditions the following expressions have the meanings set out below;
“Assignment” the proposed recruitment assignment to be undertaken by the company on the (written)
instructions of the Client (as may be varied by agreement in writing between the company and
“Associate” any holding Company or Subsidiary (in each case as defined in the Companies Act 1985) or associate (as defined in the Companies Act 1989);
“Candidate” a person in respect of whom an Introduction to the Client or any Associate of the Client is
effected by the Company;
“Client” any party engaging the Company to carry out an Assignment;
“Company” Factus Recruitment Ltd
“Date of Engagement” the date upon which a Candidate commences employment of the Client, or any third party in the circumstances referred to in clause 3;
“Date of Termination” the date upon which the effective termination of the Candidate’s employment takes place;
“Induction” The provision by the Company whether orally or in writing of any details relating to a person for the purpose of consideration for employment by the Client or any Associate of the Client, whether made directly or indirectly and whether made to the Client of such Associate;
“Introduction Fee” The fee described in clause 3 of these terms and conditions;
“Refund” Means the refund referred to in clause 4; and
“Remuneration” includes base salary, plus any guaranteed bonus and guaranteed commission earnings, allowances, inducement payments and the benefit of a company car.
Unless the context otherwise requires, references to the singular include the plural and reference to the masculine include the feminine and vice versa.
The headings contacted in these Terms are for the convenience only and do not affect their interpretation.
- The Contract
These Terms of Business are deemed to be accepted by the Client by virtue of an introduction, interview and engagement.
Unless otherwise agreed in writing by a Senior Manager or Director the Company, these
Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Senior Manager or Director of the Company.
The Company reserves the right to review and revise these Terms and will be reviewed in accordance to the needs of the business.
- Notification and fees
The Client agrees:
(a) That all contact and negotiation with an Applicant prior to the commencement of engagement will be made through Factus Recruitment Ltd unless otherwise agreed by a Senior Manager or Director of the Company.
(b) To notify the Company immediately of any offer of an Engagement which it makes to the Applicant;
(c) To notify the Company immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Company; and
(d) To pay the Company’s fee within 14 days of the date of invoice, payable to Factus Recruitment Ltd
No fee is incurred by the Client until the Applicant commences the Engagement, when the
Company will render an invoice to the Client for its fees.
The company reserves the right to charge interest on invoiced amounts unpaid for more than
14 days a the rate of 4% per annum above the base rate as charged by Nat West Bank
from the time of the invoice due date until the actual payment. Such interest is to be calculated on
a daily basis.
Should any ‘discounted’ invoice remain outstanding after 14 days of the commencement of employment then the Client will be invoiced by the Company for the ‘discount’ that they were originally given from the standard Terms of Business.
In the event of overdue or disputed invoices, where Solicitors are instructed to recover fees owed to the Company, the Client will be deemed responsible for the legal costs incurred where the case is settled out of court.
The Engagement fee payable to the Company for the introduction of an Applicant will be in accordance with the scale detailed below; VAT shall be paid in addition. The annual salary is calculated on the gross remuneration, which the Applicant is entitled to earn during the first twelve months of his/her engagement by the Client
Scale of fees
Fees payable to the company by the Client for the introduction of an Applicant are as follows;
Remuneration £0-£19,999 Fee 17.5%
£20,000-£24,999 Fee 20%
£25,000-£29,999 Fee 22.5%
£30,000 + Fee 25%
In the case where an Applicants remunerated on a commission only basis or any other payment method where there is no basic salary; a minimum flat fee of £5,000 + VAT will be charged.
In the event of a permanent introduction (agreed in advance) being for a period of less than
12 months, the fees shall be calculated on a pro-rata basis as if the guarantee/retainer were for a
period of 12 months.
Should a contract or temporary position become a permanent position a fee will become payable in accordance with clause 3.6 provided that the Engagement shall have taken place within either;
(a) The duration of the Assignment; or the later of
(b) 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of previous Assignments shall also be considered to be the ‘first Assignment’ for these purposes); or
(c) 8 weeks from the day after the last day of the Temp/Contractor works on the Assignment.
- Refund guarantees
In order to qualify for the following guarantees, the Client must pay the Company’s fee within
14 days of the date of invoice and notify the Company in writing within 7 days of the Date of termination.
If the Engagement terminates before the expiry of 8 weeks from the commencement of the
Engagement (except where the Applicant is made redundant) a rebate will be allowed against the Company’s fee on the following scale only in circumstances where Factus Recruitment
Ltd consider it reasonable that the termination or resignation was not in any way the responsibility of the Employer or where a tribunal (ignoring any arguments as to continuity of employment) might reasonably be expected to find that the circumstances of the termination were unfair.
Employment Rebate Term
0-1 weeks 90%
1-2 weeks 80%
2-3 weeks 70%
3-4 weeks 60%
4-5 weeks 50%
5-6 weeks 40%
6-7 weeks 30%
7-8 weeks 20%
The Company does not recognise Trial Periods and the Fee is due irrespective of any dismissal in the Applicant’s Trial Period
If, after an offer of Engagement has been made to the Applicant and the Client decides for any reason apart from (proven) unsatisfactory references to withdraw it, the Client shall be liable to pay the Company a fee of 10% Remuneration, VAT should be paid in addition.
Should the Client or any subsidiary or associated company of the Client engage or re-engage the Applicant within the period of 12 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.6 above becomes payable by the Client, with no entitlement to the refund.
There is no refund guarantee for temporary or contract placements which then become permanent
Refunds for our advertised search and selection services are made only on the final balance of the recruitment fee.
Refunds will be issued by the Company in the form of a credit note which can be deducted against the next placement invoice. Credit notes are valid for 6 months only unless agreed otherwise in writing.
Introductionsof Applicants are confidential. The disclosure by the Client to a third party of any
details regarding an Applicant introduced by the Company which results in an Engagement with a
third party within 12 months of the Introduction renders the Client liable to payment of the Company’s fee as set out in clause 3.6 with no entitlement to any refund.
Any introduction fee calculated in accordance with clause 3.6 will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Company, whether direct or indirect, within 12 months from the date of the Company’s introduction.
If the Client employs an employee (whether permanent, contract, temporary or otherwise) of the Company, that employment shall be deemed an Introduction and these Terms shall apply as if the employee were a successful Applicant. The Client shall be liable to pay an Introduction Fee of 30% of the Remuneration (as defined in clause 1.1) to the Company.
The Company endeavours to ensure the suitability of any Applicant introduced to the Client.
Notwithstanding this the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the Applicant and/or the Company before engaging in such as Applicant. The Client shall be responsible for obtaining work or other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
The Company shall not be liable under any circumstances for any loss, expense, damage, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company seeking an Applicant for the Client or from the Introduction to or Engagement of an Applicant by the Client or from the failure of the Company to introduce any Applicant. For the avoidance of doubt, the
Company does not exclude liability for death or personal injury arising from its own negligence.
The Company shall not be liable to the Client for any claim arising out of any inaccuracy or omission in any documentation or other written or oral information supplied by the Company or the Applicant to the Client.
These Terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.
In the event that any clause of the Agreement or any part thereof shall be held to be void or otherwise unenforceable then such clause or part thereof shall be excluded from this Agreement and remainder of the Agreement shall remain in full force and effect.