These Terms of Business of The Headhunting Company Limited trading as Recruiticka.io (company no. 205557934) (“The Employment Agency”) apply to you, a Candidate using the Platform as a job-seeker from the date you receive notice of these terms, whether or not they are signed. If you wish to reject or amend any of the terms hereof please contact us immediately upon receipt of your proposals.
1. In these Terms
1.1. “Candidate” means the person Introduced by the Employment Agency to the Client for Engagement including, but not limited to, any officer or employee of the Candidate if the Candidate is a limited company and any limited company or partnership of which such a person is a director or shareholder, and any members of the Employment Agency’s own staff;
1.2. “Client” means the person, firm or corporate body advertising any Vacancy and to whom the Employment Agency is to Introduce Candidates together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is Introduced at your implied or express request;
1.3. “Effective Period” means the period of twelve calendar months from the latter of (a) an Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement.
1.4. “End User” means any other company or entity that is a parent, subsidiary or associate of or is connected with the Client by name, capital, shareholders, directors or registered office and/or in accordance with s. 1159 of the Companies Act 2006, s. 249 of the Insolvency Act 1986 and s.416 of the Income and Corporation Taxes Act 1988 and which in any way uses or Engages the Candidate;
1.5. “Engagement” means the employment or use in any way of the Candidate by the Client or by any End User to whom or to which the Candidate was Introduced by the Client (whether with or without the Employment Agency’s knowledge or consent) on a permanent, temporary, trial or probationary basis, howsoever engaged (whether directly or indirectly) in any position or post, whether related or unrelated to the Vacancy; and an offer of employment and acceptance of an offer of employment by the Candidate whether or not employment is actually commenced; and the words “Engages” and “Engaged” shall be construed accordingly;
1.6 “Fee” means a Fee payable by the Client for the Introduction and Engagement of a Candidate;
1.7. “Introduction” means:
1.7.1. the Employment Agency’s provision of a curriculum vitae or any previous or subsequent information to the Client, identifying the Candidate or which refers to a Candidate who has already been identified or previously Introduced; or
1.7.2. any communication between the Candidate and the Client using the Platform or arising from use of the Platform, including but not limited to an application for a Vacancy;
1.7.3. the interview of a Candidate in person or by telephone;
1.7.4. any further communications between the Employment Agency, Client and/or Candidate regarding the Vacancy or any other vacancy up to the moment of Engagement.
The time of the Introduction shall be the later of (1)-(3) above; and “Introduced” and “Introduces” shall be construed accordingly;
1.8.“Platform” means the online marketplace made available to the Client and Candidates by the Employment Agency to advertise and apply for Vacancies, assess suitability and share information;
1.9. “Vacancy” means any post or position that the Employment Agency posted on the Platform or which is instructed to fill including synonymous posts and positions both in the client’s business and any End User’s business.
2. General Terms:
2.1. These Terms constitute the entire agreement between the Employment Agency and the Candidate in relation to the subject-matter hereof and are deemed to be accepted by the Customer by virtue of (a) use of the Platform (b) the Candidate’s implied or express acceptance of these Terms, including by ticking the relevant box when invited to do so on the Platform.
2.2. The Terms supersede all previous agreements between the parties in relation to the subject-matter hereof.
2.3. These Terms prevail over any other terms of business or purchase conditions proposed by the Candidate.
2.4. The Candidate authorises the Employment Agency to act as an employment agency exclusively on its behalf in respect of Vacancies for which the Candidate applies or expresses an interest in using the Platform.
3. Obligations of the Employment Agency:
3.1. The Employment Agency shall use reasonable endeavours to provide the Candidate with access to suitable Vacancies and to provide support in any subsequent application for a Vacancy, including at interview and post-interview up to the point of entry into an employment or other work contract with the Client or End User.
3.2. The Employment Agency cannot guarantee and makes no representation that it will find a suitable Vacancy. Without prejudice to clauses 3.3 and 4.1 below, the Employment Agency shall use its reasonable endeavours to ascertain that any information provided by the Client in respect of Vacancies is accurate.
3.3. The Employment Agency accepts no responsibility in respect of matters outside its knowledge and control and cannot provide any assurances regarding whether any Vacancy and workplace will be suitable in practice.
4. Candidate Obligations and Notice Requirements:
4.1. Regardless of the Employment Agency’s obligations, the Candidate satisfy itself as to the suitability of any Vacancy, including without limitation by means of interviews and background research.
4.2. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, qualifications or permission required by law of the country in which the Candidate is engaged to work.
4.3. To enable the Employment Agency to comply with its obligations hereunder the Candidate undertakes to provide the Employment Agency with details of the Candidate’s qualifications, work and other experience, training, professional titles, authorisations, abilities, disclosable criminal records, DBS checks and disciplinary history.
4.4. At the Employment Agency’s request, the Candidate shall provide details of the date the Candidate may commence work, their location and radius in which they are seeking work, the minimum rate of expected remuneration, expenses and any other benefits expected;
4.5. The Candidate is aware that the Employment Agency and Client are bound by a separate contract and the Candidate undertakes not to contact the Client about a Vacancy directly in any circumstances, including without limitation, to arrange any interviews or conduct negotiations with the Client or discuss Remuneration and contracts. Any such contact will be deemed an attempt to procure a breach of the contract between the Employment Agency and Client, which may give rise a claim for damages.
4.7. The Candidate shall inform the Employment Agency of any information it holds that suggests that it would be detrimental to the interests of either the Client or the Candidate for the Candidate to work in the Vacancy.
4.8. By applying for a Vacancy, the Candidate confirms that it has not applied to the Client for the same or similar role in the past and does not currently have any direct contact with the Client.
4.9. In addition to the foregoing, the Candidate undertakes to do the following:
4.9.1. Keep its application for the Vacancy confidential and not to provide any details about any Vacancy to any party without first informing the Employment Agency;
4.9.2. Notify the Employment Agency as soon as possible (and in any event, not later than 7 days from the date of the offer or from the date an Engagement takes effect; whichever is earlier) of any offer of Engagement which is made to the Candidate by a Client, regardless of the vacancy to be filled;
4.9.3. Notify the Employment Agency immediately that any offer of an Engagement with the Client has been accepted;
4.9.4. Notify the Employment Agency of the Remuneration payable to the Candidate; and
4.9.5. Notify the Employment Agency of an Engagement on the date the Engagement commences.
5. Charges and Fees
5.1. No charges or fees are payable by the Candidate and the Employment Agency is not authorised to receive any money on behalf of the Candidate.
5.2. The Candidate is on notice that a fee is payable by the Client to the Employment Agency for filling any Vacancy and the Candidate undertakes not to prevent or hinder by means of any acts or omissions the Employment Agency’s right and ability to receive or recover such fee from the Client.
6. Performance, Liability and Indemnity
6.1. The Candidate’s acceptance and/or commencement of work in a Vacancy constitutes final confirmation that the Candidate deems the Vacancy suitable and the Client deems the Candidate suitable for Engagement for the purposes hereof in full discharge of the Employment Agency’s duties hereunder, after which the Candidate shall be under the Client’s sole supervision and control.
6.2. By using the Platform to apply for a Vacancy, the Candidate confirms that it has received full information about the Vacancy and is willing to work in the relevant position.
6.3. The Candidate undertakes to use their best endeavours to perform their work to the best of their ability at all times, to comply with the terms of their employment or other work contract and to maintain the highest standards of honesty and integrity in their work, complying with the Client’s reasonable requests, norms of conduct and standards of dress, timeliness and good order.
6.4. The Employment Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Candidate arising from or in any way connected with the Vacancy or the Employment Agency seeking work for the Candidate.
6.5. Notwithstanding the above, nothing in these Terms shall be deemed to exclude or restrict any liability of the Employment Agency to the Candidate for personal injury or death.
6.6. The Employment Agency shall not be liable for any failure to perform its obligations under these Terms if such failure arises from any cause beyond its reasonable control.
7.1. The Agreement incorporating these Terms may be terminated by either party by giving to the other immediate notice in writing.
7.2. Termination of this Agreement shall be without prejudice to any Introductions made by the Employment Agency prior to the date thereof and its right to a Fee from the Client if the Client subsequently Engages a Candidate after the date of termination.
7.3. For the avoidance of doubt, neither the client nor Candidates have any right to cancel or withdraw Introductions previously made to the Client.
8.1. All information contained within or provided under these Terms, including without limitation any Introduction, shall remain confidential and the Candidate shall not divulge it to any 3rd Party, including any End User save for its own employees and professional advisers and as may be required by law.
8.2. The Client shall not without the prior written consent of the Employment Agency provide any information in respect of the Candidate to any third party or End User whether for employment purposes of otherwise.
9.1. Any failure by the Employment Agency to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently.
9.2. Headings contained in these Terms are for reference purposes only and shall not affect the intended meanings of the clauses to which they relate.
9.3. No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999.
9.4. If any provision, clause or sub-clause of these Terms is held to be invalid, void, illegal or otherwise unenforceable by any judicial body, the remaining provisions of these Terms shall remain in full force and effect to the extent permitted by law.
9.5. Any reference to legislation, statute, act or regulation shall include any revisions, re-enactments or amendments that may be made from time to time.
10.1. Any notice required to be given under these Terms (including the delivery of any information or invoice) shall be delivered by hand, sent by e-mail or prepaid first class post to the recipient at its address specified in these Terms (or as otherwise notified from time to time to the sender by the recipient for the purposes of these Terms).
10.2. Notices shall be deemed to have been given and served:
10.2.1. if delivered by hand, at the time of delivery if delivered before 5.00pm on a business day or in any other case at 10.00am on the next business day after the day of delivery; or
10.2.2. if sent by e-mail, at the time of despatch if despatched on a business day before 5.00 p.m. or in any other case at 10.00 a.m. on the next business day after the day of despatch, unless the transmission report indicates a faulty or incomplete transmission or, within the relevant business day, the recipient informs the sender that the e-mail message was received in an incomplete or illegible form; or
10.2.3. if sent by prepaid first-class post, 48 hours from the time of posting.
No variation or alteration of these Terms shall be valid unless expressly agreed and approved in writing by the Client and an authorised employee of the Employment Agency.
12. Applicable Law
These Terms shall be construed in accordance with the Law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
13. FREE REPLACEMENT
13.1. Where the Engagement of the Candidate is terminated by the Client or the Candidate within 8 weeks, the Client shall be entitled to a free replacement. In this context a free replacement shall mean the re-Introduction of any existing Candidates and Introduction of up to three new Candidates to fill the Vacancy (a “Free Replacement”) within a period of 1 month following the end of the original Engagement. The following conditions must be met in order for the Client to qualify for a Free Replacement:
13.1.1 the Client must notify the Employment Agency that the Candidate’s Engagement has ended within 3 days of the Engagement ending or within 3 days of notice being given to end the Engagement; whichever is earlier; and
13.1.2. the Employment Agency’s invoice for the Fee must have been paid first and in all cases within the payment terms. For the avoidance of doubt, only actual, cleared payment in full to the Employment Agency’s account will suffice to fulfil this requirement, even if the payment deadline on the invoice has not yet passed; and
13.1.3 the Candidate’s Engagement must not have been terminated for any reason other than that s/he was wholly unsuitable, which is confirmed by the Candidate. For the avoidance of doubt dismissal due to redundancy, re-organisation, change in strategy or reduction in the volume of work are not sufficient grounds for a rebate; and
13.1.4 the Candidate did not leave the Engagement because he/she reasonably believed that the nature of the actual work or workplace was substantially different from the information the Client provided prior to the Candidate’s acceptance of the Engagement or what could reasonably have been expected; and
13.1.5. the Candidate did not leave the Engagement as a result of discrimination, suspected breach of law, health and safety regulations or other acts detrimental to the Candidate; and
13.1.6. All other terms hereof have been complied with by the Client.
13.2. Where the Client or any associate or subsidiary thereof re-Engages the original Candidate within 12 months of termination of the Engagement, the Client shall immediately pay a Fee for the Introduction and Engagement of the Free Replacement Candidate and no further rebates or free replacements shall apply.
13.3. For the avoidance of doubt, the Employment Agency shall have complied with its Free Replacement obligations upon the Introduction of new Candidates as specified above. The actual Engagement of any of the Candidates by the Client is beyond the control of the Employment Agency.
13.4. For the avoidance of doubt, a Free Replacement is the Client’s sole remedy in the event that a Candidate transpires to be unsuitable. The Client may not withhold payment of the Introduction Fee on the grounds that it is entitled to a Free Replacement and may not claim a rebate of the Introduction Fee if it fails to Engage any of the new Candidates, cancels the Vacancy or terminates this agreement.
Duration of Employment in weeks - 0-8 weeks
Percentage of Fee to be rebated - 100%
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