Initi8 Recruitment - Terms of Business

Terms of business

Supply of permanent staff

1. DEFINITIONS

1.1

In these terms and conditions (“Terms”) the following expressions shall have the following meanings:

Candidate	means a person introduced by Initi8 to the Client to be considered for an Engagement including any members of Initi8’s own staff;
Client	means a person, firm or corporation who approaches Initi8 for the supply of a Candidate;
Client Terms	means the specific terms relating to Engagements for a Client, set out in a separate document;
Commission Rate	means the Commission Rate set out in Paragraph 3.3;
Engagement	means the employment or engagement, directly or indirectly, whether under a contract of service or for services or otherwise, and whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client;
Introduction	means the delivery by Initi8 to the Client of information which identifies a Candidate;
Introduction Fee	means the fee payable by the Client in accordance with Paragraphs 3.2;
Initi8	means Initi8 Recruitment Limited, whose registered office is at Langley House, Park Road, East Finchley, London, N2 8EY (company number: 6339462).
Remuneration	means base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate;
1.2	Initi8 is acting as an employment agency pursuant to the Employment Agencies Act 1973.

2. THE CONTRACT

2.1	These Terms together with the separate Client Terms constitute the entire agreement for the supply of the Candidate’s services by Initi8 to the Client. These Terms are deemed agreed by the Client by virtue of a request for interview or the commencement of an Engagement and unless otherwise agreed in writing by a director of Initi8 prevail over any terms of business proffered by a Client.
2.2	When requesting details of Candidates for an Engagement, the Client shall provide details of the identity of the Client, dates and likely duration of the Engagement, the services to be provided (including location and hours, potential health and safety risks and steps taken to prevent or control such risks), training, qualifications or authorisations considered necessary, any expenses payable, the rate payable and the length of notice required.
2.3	The Client agrees that upon Initi8 providing details of a potential Candidate, Initi8 shall be given priority over any duplicated applications by the same Candidate. Should the Client receive a duplicated application, the Client shall not engage that Candidate outside these Terms without the written permission of Initi8.

3. NOTIFICATION AND FEES

3.1	The Client agrees to notify Initi8 immediately: (a) of any offer of an Engagement which it makes to a Candidate; and (b) if its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to Initi8.
3.2	The Introduction Fee shall become due immediately upon the commencement of an Engagement, and shall be calculated as the Candidate’s first twelve month’s Remuneration multiplied by the Commission Rate (plus VAT, if applicable).
3.3	The Commission Rate shall be: 20% where Remuneration is below £30,000. 25% where Remuneration is between £30,000 to £69,999. 30% where Remuneration is above £70,000.
3.4	All monies due under these Terms shall be paid by the Client within 14 days of the date of invoice by Initi8.
3.5	Initi8 reserves the right to charge the Client on any overdue sum at a rate of 4% per annum above Barclays Bank plc’s base rate from time to time calculated daily (both before and after any judgment) from the date of the invoice to the date of payment.

4. REFUND

4.1

In the event of a Candidate terminating or the Client lawfully terminating an Engagement within 8 weeks of the date upon which such Candidate commenced work for the Client and provided that:

(a) all monies due under these Terms have been paid by the Client in full; and
(b) such termination is not as a result of liquidation, bankruptcy, dissolution or amalgamation of the Client, redundancy, pregnancy, injury or ill health or by reason of the Candidate’s race, sex, religion, age, sexual orientation or any disability; and
(c) such termination has not arisen where the Client has entered into the Engagement with the intention of disposing with the Candidate’s services without proper cause or with a view to unfairly obtaining a refund; and
(d) the Client serves notice on Initi8 in writing of the termination of the Engagement within 7 days of such termination; and
(e) neither the Client nor any subsidiary, associated or holding company of the Client shall commence Engagement of the Candidate within6months from the date of the termination of the Engagement;

the Client shall receive a rebate of the entire Introduction Fee, less 12.5% for each week or partial week which the Candidate remained Engaged (ie reducing to a zero rebate following 8 full or partial weeks of Engagement). In no circumstances, shall expenses be refunded.

4.2

No rebate shall be payable by Initi8:

(a) in the event of failure by the Client to adhere to the time limits or any other requirement set out in Paragraph 4.1; or
(b) where the Candidate was previously engaged in any capacity by the Client through Initi8.

4.3

Should the Client (or any group company of the Client) subsequently engage the Candidate within the period of 6 calendar months from the date of the last interview, or withdrawal of an offer if later, the full Introduction Fee calculated in accordance with Paragraph 3 above shall become payable (with no entitlement to a replacement or refund).

5. INTRODUCTIONS

5.1

Introductions of Candidates are confidential. In the event a Client, a group company or a related third party, within 26 weeks of the first Introduction or the last interview (whichever is the latter): (a) enters into an Engagement with a Candidate, and fails to notify Initi8; or (b) passes on a Candidate’s details to another employer resulting in the Engagement of a Candidate; the Client shall be charged at twice the amount of the Introduction Fee. This fee must be paid by the Client with two weeks of commencement of work, with no entitlement to a refund.

5.2

Where the amount of the actual Remuneration charge is not known, Initi8 shall charge an Introduction Fee calculated in accordance with the minimum level of remuneration applicable for the position in which the Candidate has been engaged, based on information supplied to Initi8 by the Client and/or comparable positions in the market generally.

6. SUITABILITY

6.1

In providing its services to a Client, Initi8 shall endeavour to obtain confirmation of the Candidate’s identity, that the Candidate has the experience, training, qualifications and any authorisations which the Client has notified Initi8 that it considers necessary and that the applicant is willing to work in the position which the Client is seeking to fill. However, the Client accepts that no warranty as to the suitability of the Candidate can be given by Initi8.

6.2

Notwithstanding Paragraph 6.1, the Client shall satisfy itself as to the suitability of any Candidate. The Client shall be responsible for taking up references, checking the validity of qualifications and ensuring that the Candidate is capable of operating any equipment to the necessary level. The Client shall be responsible for obtaining any work and other permits and for ensuring that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.

7. LIABILITY

7.1	Initi8 shall not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with an Engagement and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with a failure of the Candidate to meet the requirements of the Client; any act or omission of a Candidate, whether wilful, negligent or otherwise; any loss or injury suffered by a Candidate.
7.2	Nothing in this Paragraph 7 shall be construed as purporting to restrict liability of Initi8 to the Client for personal injury or death resulting from the negligence of Initi8, nor any statutory liability or any exclusion or limitation which is prohibited by law.
7.3	The Client undertakes to indemnify Initi8 in respect of any and all liability, costs or damages of Initi8 for any loss, injury, expense or delay suffered or incurred by a Candidate, howsoever caused; any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Candidate, whether wilful, reckless, fraudulent, negligent, dishonest or otherwise; and any loss, injury or delay suffered or incurred by Initi8 as a result of any act or omission of the Client; provided that this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly out of or in any way connected with an Engagement.
7.4	The Client acknowledges that the limitations and exclusions of the obligations and liabilities of Initi8 set out in these Terms are reasonable and reflect the charges payable to Initi8 and accepts the risk and/or will insure accordingly.

8. GENERAL

8.1	The Client shall at all times treat the Candidate reasonably and not discriminate against the Candidate by reason of his or her gender, sexual orientation, race, age or disability.
8.2	Initi8 reserves the right to revise these Terms on reasonable notice to the Client.
8.3	These Terms and any Client Terms shall be governed by and construed in accordance with the laws of England and Wales and the English Courts shall have exclusive jurisdiction.