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T&C’s Permanent

T&C’s Permanent

PERMANENT CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF APPLICANTS TO BE DIRECTLY EMPLOYED BY THE CLIENT

  1. The following Terms and Conditions (the Terms) constitute the entire contract between Coded People Limited (acting as an Employment Agency) or any subsidiary or associated company (the Company) and any person, organisation or company or any subsidiary or associated company of the hirer (the Client) who engages or hires (such words to include ‘engage’, ‘engages’, ‘employ’ and ‘employs’ throughout these terms) an Applicant introduced by the Company (an Applicant). No variation of these terms will be binding upon the Company unless such variation is in writing and signed by the Company.
  2. An introduction of an Applicant shall be deemed to have taken place when the Applicant introduced by the Company is Engaged by the Client, an associated company, subsidiary company or organisation or any other group company of the Client within twelve (12) months from introduction or twelve (12) months from the later of (i) the Client’s request to interview an Applicant, or the booking by the Agency of an interview between the Applicant & the Client along with e-mailed interview confirmation from the Agency (ii) interview of an Applicant in person or by telephone, or (iii) the passing to the Client of a Curriculum Vitae or information which identifies the Applicant. The fees set out in clause 3 hereof will be payable by the Client who shall, for the purposes of these terms, be deemed to have employed the Applicant.
  3. The Company’s fee for the introduction to the Client of an Applicant subsequently engaged under a Multiple Agency Agreement shall be 25% of the Applicant’s anticipated annual remuneration or 20% of the Applicant’s anticipated annual remuneration for a Sole Agency Agreement.
  4. The Company’s invoice will be submitted when the Applicant accepts the offer of employment and is payable in full within seven (7) calendar days of the Applicant’s engagement or seven (7) calendar days from the date of the invoice. In the event that the Company has discounted the standard fee, and payment is not received by the due date, then the fee will revert to the standard terms detailed in clause 3.
  5. An Applicant shall be deemed to be introduced to the Client by the Company notwithstanding the fact that the Applicant was already known to the Client. Please note that all services provided to your company are subject to our standard terms (which are deemed to be agreed by you) or where applicable, separate terms which have been agreed specifically with your company for the provision of these services. Please also note that we have requested the identity of this Applicant to be confirmed by one or more of the following documents: passport, birth certificate, European ID Card and if applicable, work visa.
  6. An introduction fee is payable should the Applicant be hired in a temporary or permanent role, either directly, indirectly or via another third party.
  7. Should the Client fail to inform the Employment Agency within seven (7) calendar days of the Applicant’s engagement and provision of services to the Client, the introduction fee will be payable of 15,000.00 Euros / GBP or 40% of the Applicants anticipated salary, whichever is the greater. No refund or reduction will be due on this fee.
  8. If an Applicant introduced by the Company is engaged by an associated Company, Subsidiary Company or Organisation of the Client and / or anyone to whom details of the Applicant have been passed by the Client but other than the Employment Agency, the fees set out in clause 7 hereof will be payable by the Client who shall, for the purposes of these terms, be deemed to have employed the Applicant.
  9. If the Applicant is engaged by the Client other than through the Employment Agency (or deemed to be engaged by the Client for the purposes of clause 2) within twelve (12) months in accordance with clause 8, an introduction fee in accordance with clause 7 will be payable.
  10. The Employment Business reserves the right to charge interest on invoiced amounts overdue at the statutory rate as prescribed pursuant to Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (and as may be calculated using the calculator on the website www.payontime.co.uk)
  11. For the purposes of these Terms, an Applicant shall be deemed to be employed by the Client whether engaged under a temporary contract of service or services, either directly, indirectly or via another third party, whereby the Applicant is providing services for the benefit of the Client.
  12. The Company shall endeavour to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity. However, the Client is responsible for ensuring the suitability and capability of an Applicant for employment and for obtaining references, verifying skills, qualifications, character, experience, for seeing that the legal, medical requirements relating to an Applicant have been met. Where necessary, it is the Client’s responsibility to obtain a work permit for an Applicant.
  13. The Client shall notify the Company immediately when an appointment of an Applicant is made and shall provide the Company full details of the appointment.
  14. If the engagement of an Applicant is terminated within eight (8) calendar weeks of the commencement of his/her employment with the Client a rebate will be paid by the Company to the Client at the rate of 12.5% of the fee charged by the Company for each full week the Applicant did not work during the eight (8) week period, subject to clause 15 set out below.
  15. No rebate shall be payable if;
      a. The Company is not notified in writing by the Client within fourteen (14) calendar days of the Termination of the appointment together with the reasons for it.
      b. The Applicant is made redundant.
      c. An appointment is rescinded for no good reason.
      d. The fee is not paid to the Company within seven (7) calendar days of the tendering of the invoice.
      e. If the Applicant resigns stating reasons of bullying, harassment or discrimination of any kind which falls under UK Law.
  16. Each party shall ensure that all confidential information obtained from the other party under these terms remains confidential whilst these terms are in force and thereafter for so long as that information is confidential. Neither party shall at any time whether before or after the termination of this Contract divulge or use any unpublished subject matter of any agreement or any other confidential information without the prior written consent of the other except for any disclosures required by any legal, accounting or regulatory requirement.
  17. Each party shall comply with the General Data Protection Regulation (GDPR) and the terms “Data Controller” and “Data Processor” will have the meanings given to them under the GDPR. To the extent that any data or information provided by one party to the other party contains personal data within the meaning of the GDPR or equivalent legislation, the party deemed to be the Data Processor will: (i) process such data and information only in accordance with the Data Controller’s instructions; (ii) not transmit such data and information to a country or territory outside the European Economic Area without the Data Controller’s prior written consent; and (iii) take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate.
  18. Each party shall fully comply with all requirements under the Bribery Act 2010 and neither party shall offer or solicit any bribe, inducement, payment or gift which would be a breach of the Bribery Act 2010.
  19. Nothing in these terms shall limit the liability of either party for death or personal injury caused by negligence, fraudulent misrepresentation or any other matter where liability cannot be limited by law. Neither party shall be liable to each other for any indirect, consequential, special or incidental losses howsoever arising out of these terms.
  20. Social Media – any electronic means of processing, viewing, obtaining or exchanging information or communications about work seekers through use of the internet or web based technologies/applications or any telephonic (mobile or otherwise) messaging system, but excluding electronic email programs. If the Client uses any Social Media for the purposes of recruitment of persons to fill positions that they have asked the Company to fill as a requirement you agree to promptly inform us, and for the avoidance of doubt where we have introduced an Applicant your decision to engage the Applicant based on or resulting from the use of Social Media shall not disentitle us to our fee.
  21. Joint Drafters, with respect to any dispute concerning the meaning of this Agreement, this Agreement shall be interpreted as a whole with reference to its relevant provisions and in accordance with its fair meaning, and no part of this Agreement shall be construed against Coded People Limited on the basis that Coded People Limited drafted it. This Agreement shall be viewed as if prepared jointly by Coded People Limited and the Client.
  22. Engagement – means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or contract basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement or any other engagement; directly or through a limited company of which the Candidate is an officer or employee. In the event that the Client receives a duplicated Candidate and there is a dispute regarding representation, the Client agrees to proceed with the party who has obtained a representation email from the candidate at the earliest date (within the applicable ownership period).
  23. This Agreement is governed by the law of England & Wales and is subject to the exclusive jurisdiction of the Courts of England & Wales.

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