Terms & Conditions of Business for Recruitment Resources Group – last updated June 2013
Basis of understanding and general terms
Recruitment Resources Group includes, Job Box Agency, Job-Box.com, Job-Box.co.uk, Staffbook.co.uk, ERP-Resources Agency, ERP-Resources.co.uk, Network-Resources Agency and Network-Resources.co.uk. Any business conducted by any agent of these brands or trade names is covered by the terms contained herein. Any company engaging with any business or trade name mentioned herein is bound by the general terms. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. References to the Agency or The Company include all or any of the brands and trade names owned and operated by Recruitment Resources Group Limited. The headings contained herein are for convenience only and do not affect their interpretation.
The following Terms and Conditions relate to the provision of recruitment services by Recruitment Resources Group Limited (hereinafter called ‘The Company’) to any person, firm or organisation (hereinafter called ‘The Client’) which includes all subsidiaries, joint venture partners or associated bodies of such a person, firm or organisation. The word ‘Introduce’ shall be deemed to include, without limitation, the provision of any details by The Company to The Client either written or oral, of a candidate for employment. The term ‘Candidate’ refers to the person(s) introduced by The Company to The Client including any members of The Company’s own staff. The term ‘Engagement’ includes employment, self-employment or other use under a contract for or of services. If a candidate on whom information has been provided as a result of the specification from The Client replies subsequently to a Client’s advertisement or is subsequently introduced by another agent, such subsequent introduction shall not nullify the original introduction by The Company.
2. Basis of Acceptance
2.1) The registering of a vacancy by The Client with The Company or the interviewing of a Candidate introduced by The Company for employment or the agreement to engage or make use of such a candidate in any position of employment or work is deemed to be an acceptance of these Terms of Business.
2.2) The Client agrees to notify The Company immediately an engagement is agreed and supply The Company with all letters, memoranda etc from The Client to the Candidate, or vice versa and to and from any third parties concerning the Candidate.
3. Payment of fees
3.1) The Client agrees to pay all fees to The Company within seven days of any Candidate commencing work for The Client, or
3.2) the date stated on any invoice that relates to retained search assignments, webservice fees or stage payments contained in a pre-agreed Fee Structure. Any amendment to this contained in a specific proposal document must be authorised by a director of The Company. Any specific additional expenses (including advertising costs that have been agreed to be paid by The Client) shall be made within Thirty Days of the date of The Company’s invoice.
3.3) Contract fees will be paid in advance for the first 35 days of a new engagement and thereafter can be settled within 7 days of subsequent invoices in arrears on a monthly basis.
Contractors can be billed as a flat fee calculated on a pro-rate basis with a deduction of 25 days per year for holiday. Please speak to your Account Manager about flat fees for contractors.
3.4) If The Client fails to pay any monies by the due date then The Company shall be entitled to charge interest on the outstanding amount to The Client at the current Barclays rate plus 2% applied from the date of the commencement of the engagement until the date of full payment of the invoice.
4.1) If The Client engages the Candidate in any capacity within one year of the Candidate being introduced by The Company or refers such a Candidate to any other person, firm or organisation, The Client will be liable for an introduction fee at the prevailing rate.
4.2) If such a Candidate shall be engaged as above without informing The Company then the introduction fee shall be charged without entitlement to any rebate.
5.1) The Company endeavour to take all reasonable steps to test the veracity of any performance claims made by candidates, as well as carry out assessment and reference checking where instructed. However, The Client is ultimately responsible for the taking up of formal references as to The Candidate’s qualifications, capabilities, integrity, medical history and suitability to meet the job specification.
5.2) It is also The Client’s responsibility to obtain a work permit for The Candidate wherever necessary and to make any relevant checks for the purposes of immigration and related legislation. The Client should be responsible for satisfying any other requirement or qualifications required by law or practice.
6.1) Introductions of Candidates are made to Clients in total confidence. Under no circumstances should The Client make any approach to companies by which The Candidate has been employed without prior reference to The Company.
7. Professional Fees
7.1) The Company operate on the basis of a fee for an assignment and as such our charges are specifically agreed to reflect the nature of the work involved. Our standard fee structure is outlined below:-
|Gross Annual Remuneration (including benefits)||Fee|
|All salaries with ERP Resources Agency||10.00%|
|Contractor and Temp Rates (including benefits)||Fee|
|Up to £400/day on ERP and Network webservices||£40 per day|
|£401/day + on ERP and Network webservices||10.00%|
|Retained-client non-websevice client||10.00% or £50 per day|
|Ad-hoc non-webservice client||15.00% or 15% margin|
7.2) Fees for permanent placements are calculated on the total first year’s remuneration including all benefits that form part of the Gross Taxable Pay. In the event that the client provides a guarantee or retainer for a period of less than twelve months, fees will be charged on the first year’s remuneration including this figure.
7.3) Where a car is provided the sum of £3,000 will be added to the first year’s remuneration. Where a car allowance is provided to a Candidate, the Candidate’s first year’s gross remuneration will be deemed to have been increased by the value of twelve months’ receipt of that car allowance.
7.4) All charges described are exclusive of VAT which will be calculated at the prevailing rate.
8. Termination of employment or assignment placed through Agency business
8.1) Should the relevant permanent employment terminate within the period specified below (no trial periods are recognised) for whatever reason (other than redundancy or transfer of The Candidate to an associate of The Client as described in Section 1) and provided that The Client informs The Company in writing of the fact within seven days of the termination and the full invoice value has been paid in accordance with Section 3, The Company will provide a rebate according to the table below.
8.2) The Client is required to give notice to the Company in advance of the contractual notice contained within the candidates contract for the termination of any temporary or interim assignment. Should The Client wish to terminate the contract with any contingent worker the fees owed under the terms of the contract may still be payable to The Company if The Client has not given sufficient notice of such termination.
8.3) Should the Client terminate the employment or engagement of any temporary, contingent or contract labour within the first 90 days of the assignment the Client agrees to afford the Company an exclusive opportunity to replace the worker subject to clauses in section 5.
8.3 i) The Client agrees that it will afford the Company sufficient availability of time to facilitate 8.3.
8.3 ii) Exclusive opportunity includes the exclusion of internal referrals, external referrals, direct applications and other agency sources.
8.4) Failure on the part of the Client to adhere to 8.2 and/or 8.3 and its sub-clauses will render the client liable to pay the Company compensation calculated at 50% of the gross margin of the duration of the remainder of the original contract.
8.5) No rebate period applies for any permanent recruitment through any webservice. Terms for webservices are unambiguously detailed in later in this document.
|INTRODUCTION FEE REBATE SCALE|
|Termination Period||Rebate %|
|Before commencing work||100%|
|Within one week||100%|
|One week to four weeks||50%|
9.1) The Company shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by The Client arising from or in any way connected with The Company seeking a candidate for the client or the introduction by The Company to The Client of any candidate or engagement of any candidate by The Client. Without prejudice to the aforementioned, if any competent court shall determine any such liability on the part of The Company the maximum liability of The Company shall be the fee payable in Section 7.
10.1) No variation or alteration of these Terms of Business is valid or shall be binding on The Company unless confirmed in writing and signed by a Director of The Company.
Specific Webservices Terms – Job-Box.com and Staffbook.co.uk
- Our T&Cs are written in plain English and are designed to be as straight forward as possible. Recruitment Resources Group is The Company, you are The Client and anyone we introduce you to is a candidate.
- Candidates register with The Company and clients use The Company to identify specific candidates and then invite them for a job interview.
- Clients may only use webservices for the purposes of identifying potential new employees and may not solicit any other type of opportunity through any webservices.
- There is no charge for registering with webservices. There is no charge for searching our database. There is no charge for inviting candidates for interview.
- The Client is liable for our fee as soon as it clicks through to offer employment provided that; the candidate accepts the job online or the candidate commences employment within 6 months of the online offer. No fee shall be due if The Client clicks through to offer a job and the candidate declines the offer or fails to commence employment for reasons other than withdrawal of offer or variation of offer by The Client.
- We do not offer any rebate on fees on any webservices business so please think carefully before making an offer of employment. Employment begins as soon as the introduced candidate commences work for the client. Employment as defined in law includes any work trial and/or probationary period.**
- Our credit terms are strictly 7 days from date of employment.
- The company considers that it has introduced a candidate to the client as soon as the client clicks to add a CV to the shortlist or gives an instruction, verbally or in writing, to arrange an interview with a candidate.
- If a client employs a candidate at any time within a six month period after it has been introduced through the agency a fee will be payable.
- The defining fact is if the candidate is employed by the client and no consideration will be given if the job employed to do is not the same as was searched on any webservices.
- The company relies in part on the honesty and integrity of its clients and clients must report back to the agency via the online interview scheduler within 2 days of the date of interview to confirm whether each candidate was suitable or not.
- Due to the nature of the automated interview invitations on occasion a candidate may request an alternative time or date. Any request for a new time or date will be sent directly from the candidate to the client and clients must respond within 24hours.
- If the candidate informs the agency that it cannot make the interview before the day of the interview the agency will inform the client via email and may suggest an alternative candidate.
- If the candidate informs the agency that it cannot make the interview on the day of the interview the agency may send an alternative candidate for interview at the same time as previously arranged.
Contract fees will be paid in advance for the first 35 days of a new engagement and thereafter can be settled within 7 days of subsequent invoices in arrears on a monthly basis. Contractors can be billed as a flat fee calculated on a pro-rate basis with a deduction of 25 days per year for holiday. Please speak to your Account Manager about flat fees for contractors.
If you are using ERP Resources Agency Services (not our online webservices) fees will be agreed by your Account Manager at the time engagement.
**REBATE, REFUND & REPLACEMENT
Regrettably we do not offer any rebate, refund or replacement if a candidate leaves your employment shortly after engaging with you. Some agencies do offer this service and their charges reflect that. If you have any doubt about the suitability of a candidate you should think carefully before you offer employment to them. Employment begins on the first day that the employee commences work, and in law, at the first moment your company directs them. Please don’t ask us for a rebate or refund if a candidate leaves your employment because we cannot provide this service on our standard webservice tariff.
The direct Engagement by a Client of the Contractor, Candidate or Consultancy or any of its staff introduced by the Company, renders the Client subject to the payment of an introduction fee calculated at 35% of the annual fee or remuneration payable by the third party to the Consultancy provided that the Engagement takes place within a period of 24 months from the termination of the Assignment under which the original engagement was supplied, or if there was no Assignment, within 12 months of the Introduction of the Contractor, Candidate or Consultancy to the third party by the Company. Where the Client fails to inform the Company of the fee or annual remuneration payable to the client, the introduction fee will be calculated by multiplying the weekly charge of the Company for the Contractor’s, Candidate’s or Consultancy’s services by 52 x 0.25. No refund of the introduction fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
This page states the terms and conditions (T&Cs) under which you may use webservices.. You should read these terms carefully and only use this site if you fully accept all of the terms contained herein. By using this site you are indicating your agreement to the T&Cs and agree to be bound by them. The Company reserves the right to amend the T&Cs at any time and you are advised to return to this page periodically to check for any updates or amendments. The terms "You" and "User" as used within these terms refer to any individual or entity accessing this site for any reason whatsoever.
Use of Content
The content of this site including all text, logos, images, icons, software and graphics belong solely to Recruitment Resources Group Limited and cannot be downloaded or reproduced without the express permission of Recruitment Resources Group Limited. The use of any content from this site on any other site or networked computer environment is strictly prohibited. You may not copy, adapt or make use of any HTML code that The Company creates to generate of make any other website content.
Users may not use this site to display, distribute or transmit any material in violation of any law or regulation or in a way that may impede or infringe copyright, Intellectual property or trademark law or to proliferate any material that may be obscene, offensive or discriminatory in any way.
Users are not permitted to violate or attempt to violate the security or integrity of webservices by accessing data that they are not authorised to, logging on to a server, scanning or testing the vulnerability of the system or attempting to interfere with the service in any way including flooding, spamming or bombarding of emails and forging any TCP/UP headers.
Specific prohibitions of Use
Webservices may only be used for lawful purposes connected with seeking employment and/or learning of new employment opportunities. Recruitment Resources Group Limited specifically prohibits the following actions;
- Posting incomplete or false biographical information
- Allowing a person other than yourself to take any tests that then appear on your profile as though you had taken them
- Posting any material that relates to a franchise, business opportunity, other job or employment opportunity, membership scheme or similar organisation
- Posting any incomplete or inaccurate information about yourself
- Interfering with any information posted by another person
- Using webservices for any purpose other than to promote yourself for employment opportunities
- Sending any unsolicited emails or communication
When you register on webservices we will ask you to create a profile page that includes personal information. You will be asked for a valid email address and telephone contact numbers. In addition, you will need to provide an up to date CV and answer some questions about your previous experience and career aspirations. You accept that you have no rights of ownership over your account or profile and the Company reserves its right to amend or withdraw your profile from the site without notice or explanation. If you chose to delete or deactivate your webservices account we will delete all of the information that we hold about you from the live site although we will retain a copy of that information on our database.
The Company is a passive provider of information between employers and other users. The Company does not guarantee specific or determinable results arising out of its use for either employers of other users. A Full list of out liabilities can be requested by email from firstname.lastname@example.org
The Company cannot guarantee that it operates without errors or that it operates in an environment that does not contain viruses. The Company will not be held responsible by any user for any loss or damage caused directly or indirectly to their business or individually, howsoever arising out of the use of this site.
We collect personal information in a database after you have provided it to us. We use that information to match your skills, experience and personal data to employers who use the site to look for new employees. We also use that information for troubleshooting purposes and improving our service to all users.
Information that you provide to us WILL NOT be sold or made available to third parties or affiliates.
You may review, change, delete, amend or deactivate your personal information at any time and for any reason. If you delete or deactivate your account we may retain some of the information that you provided to us on our database.
ALTERNATIVE FEE STRUCTURE
If you operate in an industry where employees are more inclined to leave your employment at short notice or you operate as a sales business where staff turnover can be high then you may wish to consider our alternative fee structure.
We can offer a rebate period for all permanent placements subject to approval from your Account Manager with the following sliding scale fee structure.
Our rebate is for the full fee if your employee leaves within the timescale agreed.
Rebate period required Fee %
4 weeks 12
5 weeks 14
6 weeks 16
7 weeks 18
8 weeks 20
As an example; if you want the comfort of a full refund if your new employee leaves within the first 4 weeks of their employment our fee will be 12% of the annual salary. Please note that our payment terms are strictly 7 days and we will only honour the rebate if you have honoured our payment terms.