Strong Recruitment - Terms and Conditions prepared for ‘client’
1. “The Company” means Kelly Strong Recruitment Limited.
1.1 “The Client” means the person or company who accepts a quotation of The Company for the supply of services, or whose request for The Company to supply such services to the client is accepted by The Company.
1.2 “Services” means the introduction by The Company of an applicant to The Client as specified in accordance with these conditions.
1.3 “The Applicant” or “The Candidate” is the person introduced by The Company to The Client and includes any person employed by The Company.
1.4 “Conditions” means the standard terms and conditions of supply set out in this document and shall also include any terms and conditions agreed in writing between The Client and The Company and upon acceptance thereof as specified herein shall represent the contract between The Client and The Company.
1.5 Any written or verbal quotation of The Company which is accepted by The Client or any written or verbal request of The Client for services which is accepted by The Company will be subject to these terms and conditions and will form the basis of the contract between The Client and The Company. This contract will be to the exclusion of any purported contract either written or verbal made by The Client.
1.6 No waiver by The Company or breach by The Client shall be a waiver or breach of any other provision.
1.7 These terms and conditions and the contracts formed herein are final and can only be altered with written consent of a Director of The Company.
2.1 The client is deemed to have accepted these terms and conditions having agreed to interview or employ The Applicant. The Client is bound to these conditions if a subsidiary, franchise, agency, license or partner of The Client interviews or employs The Applicant. If The Applicant is employed by any other company through an introduction of The Applicant by The Client ,The Client will be liable for the full fee as laid out in these terms and conditions.
3 Fees Payable and Payment Terms
3.1 The Client agrees to notify The Company verbally, on the same working day as the appointment of an applicant is accepted by The Client. The Client agrees to notify The Company in writing of the terms of the applicant’s employment including annual gross remuneration.
3.2 The Fee payable to The Company will be based upon the scale of fees listed herein and will be payable within fourteen (14) days of the date of invoice from the company.
3.3 VAT will be charged at the standard rate of UK Value Added Tax at the time of employment of The Applicant.
3.4 If The Client does not pay fees within the fourteen day period as agreed by acceptance of these terms and conditions The Company will not be bound to offer any rebate or re-run of services as laid out in this document.
3.5 The fee payable to The Company by The Client for a introduction resulting in an engagement is the amount equal to 17.5% of the remuneration applicable during the first 12 months of the engagement. VAT will be charged on the fee if applicable.
4.1 If The Applicant leaves the employment of The Client or The Client terminates The Applicants employment within the first four weeks of employment The Company will offer a full rebate of fees payable (provided agreed payment terms were met) or find a replacement for The Applicant free of charge (excluding expenses). In case of redundancy, there will be no refund.
4.2 After the first four weeks a sliding scale of rebate will apply.
Week in which applicant leaves % of introduction fee refunded Up to 4 weeks 100% Up to 5 weeks 50% Up to 6 weeks 40% Up to 7 weeks 30% Up to 8 weeks 20% Up to 9 weeks 10%
There will be a £250 administration charge on all refunds up to and including 5 weeks.
4.3 Rebates can only be given provided The Client has written to The Company to inform The Company of an Applicant’s termination within four working days of The Applicant leaving or being dismissed, and that the original fee has been paid within a fourteen (14) day period.
5 Working Terms & Conditions
5.1 The Client is responsible for ensuring that the candidate is legally permitted to work in the country in which the Applicant is to be employed.
5.2 The Client is responsible for ensuring that The Applicant satisfies the medical requirements for the role to which they are employed.
6.1 Introduction of 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 that third party within 6 months of the introduction renders The Client liable to payment of The Company’s fee as set out in clause 3.5 with no entitlement to any refund.
An introduction fee calculated in accordance with clause 3.5 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 6 months from the date of The Company’s introduction.
6.2 In the event that any employee of The Company with whom The Client has had personal dealings accepts an Engagement with The Client within 6 months of leaving The Company’s service, The Client shall be liable to pay an introduction fee to The Company in accordance with clause 3.5
7 No Warranty
7.1 The Company shall not be liable to The Client for any loss or damage incurred by The Client or The Applicant whether caused by The Client or The Applicant or the Services received under any circumstances.
8 Contract Construction
8.1 The contract shall be construed according to English Law and will be subject to the jurisdiction of English courts.