EACHONE TEACHONE RECRUITMENT & TRAINING SOLUTIONS IN CARE LTD
TERMS AND CONDITIONS
Business Address: EachOne TeachOne Recruitment & Training Solutions in Care Ltd
Registered Office Address: 24 Princes Plain, Bromley, BR2 8LE
Tel: 0845 070 2570 Contact: dan@eachoneteachonesolutions.com
1 RECRUITER INFORMATION
1.1 (Recruiter) is an employment agency and a company registered in England and Wales under company number 08041394 whose registered address is at 24 Princes Plain, Bromley, BR2 8LE.
1.2 The Recruiter provides recruitment services to businesses (each a Client, together referred to throughout these terms and conditions as Clients). The Recruiter sources details of individuals with the necessary skills, experience or interest in roles available with its Clients – any person whose information the Client has not received from another source in the prior 12 months is a Candidate. Clients instruct the Recruiter to source Candidates for permanent, fixed term and temporary job roles they have available (Vacancy or Vacancies) and provide additional recruitment support, e.g. draft job adverts. The Recruiter also provides details of Candidates it believes has the appropriate skills, experience or interest that Clients may consider to be suitable for a role, even though the Client has no Vacancies and is not actively recruiting.
1.3 The Recruiter can be contacted by e-mail at dan@eachoneteachonesolutions.com, or by phone on 07769 898820.
2 ABOUT THESE TERMS
2.1 When these terms apply. These terms apply whenever:
2.1.1 the Client invites a Candidate to interview or otherwise engages in a recruitment process with them;
2.1.2 the Recruiter accepts a written instruction from the Client (in whatever form);
2.1.3 the Client offers a Candidate any role (whether under a contract of employment or otherwise), whichever is earlier.
2.2 When these terms do not apply. The only time these terms do not apply is when the Recruiter and Client have expressly and in writing agreed separate terms and the Client has already received details about an individual.
3 CLIENT INSTRUCTIONS
3.1 The Recruiter will take instructions from the Client [via telephone/in writing only] which the Recruiter will record [by sending the Client a confirmation e-mail/in an instruction form].
[The Recruiter will not begin the recruitment services until the Client has confirmed in writing that the instruction is correct.]
4 RECRUITMENT SERVICES
4.1 How the Recruiter identifies Candidates. The Recruiter will search its internal database and publicly available information for individuals who the Recruiter considers to have the
appropriate skillset, experience or interest in a Vacancy or business conducted by the Client OR meet the requirements confirmed in writing by the Client.
4.2 Exclusivity. Where Clients commit to instruct the Recruiter as its sole recruitment service provider in a written instruction, the Recruiter offers a discount on its standard fees.]
4.3 Individual Candidates only. The Recruiter only provides Candidate details where that individual provides their services directly, and not through a limited company.
4.4 Temporary roles. Where we place Candidates with Clients for temporary roles (Temporary Workers), we arrange for them to be paid via our third-party payroll provider.
5 CLIENT OBLIGATIONS (GENERAL)
5.1 The Client shall:
5.1.1 be responsible for considering the suitability of any Candidate. This includes verifying any references it has provided, checking the validity of their qualifications, ensuring they have the requisite skill to perform the duties required by the Vacancy, checking they have the right to work in the United Kingdom and any other due diligence as appropriate for new employees or workers;
5.1.2 notify the Recruiter about any type of Candidate engagement. The Client must promptly, and in any event, within 3 days notify the Recruiter if a Candidate accepts an offer from the Client or begins any other type of engagement with the Client. For the purposes of this clause 5.1.2, a Secondary Referral is a referral that arises where the Client shares the details of a Candidate with another business, and that business subsequently engages (whether under a contract of employment or otherwise) such Candidate;
5.1.3 notify the Recruiter if a Candidate is already known to them. The Client must notify the Recruiter within 3 days of receipt of details about a Candidate from the Recruiter if they have already received Candidate details from another source;
5.1.4 pay the Fee (as defined in the “Fees” clause) where the Client engages a Candidate introduced by the Recruiter. The Client must pay the Recruiter the relevant fees for any Candidate the Client engages in accordance with the “Fees” clause, regardless of whether the Candidate is engaged for a specific Vacancy the Recruiter has been instructed in relation to. This will apply for 30 days from the date that the Recruiter provided the Client with the details of the Candidate;
5.1.5 pay the charges agreed for any additional services provided by the Recruiter. These charges shall be payable regardless of whether the recruitment process results in the successful hire of a Candidate;
5.1.6 grant the Recruiter a licence to use the Client’s name and trade marks for specific purposes. The Client grants the Recruiter a royalty-free, non-exclusive, worldwide licence to use the Client’s name and trade marks for the sole
purpose of (1) advertising a Vacancy (2) showcasing it is providing or has provided recruitment services to the Client.
6 CLIENT OBLIGATIONS (TEMPORARY WORKERS)
6.1 Both the Recruiter and Client must abide by the Agency Worker Regulations 2010 (AWR) and Working Time Regulations 1998 (WTR). Therefore, in addition to the obligations
above, where the Recruiter supplies the Client with a Temporary Worker, the Client shall:
6.1.1 provide the Recruiter with accurate and specific details of the work which the Temporary Worker will carry out (including any specialised skills which are required, any special health and safety considerations and any requirements mandated by law or professional body which must be met before a Temporary Worker is permitted to carry out the work);
6.1.2 confirm in writing any terms relating to pay, duration of working time, any rest periods and annual leave which apply to any of the Client’s employees or workers who carry out the same or similar work as the Temporary Worker;
6.1.3 within 7 days of receiving a written request from the Recruiter, provide the Recruiter with the information specified in Regulation 14(3)(a) of the AWR;
6.1.4 not allow any Temporary Worker to carry out any work other than that specified in the written instructions;
6.1.5 do nothing to cause the Recruiter to breach its obligations under the AWR or the WTR. If the Client believes the services of a Temporary Worker are or may be required for more than 48 hours in any week, the Client must notify the Recruiter before the start of that week;
6.1.6 provide the Recruiter with any relevant information about the assignment the Recruiter requires to comply with its duties under the WTR;
6.1.7 notify the Recruiter, as soon as possible, if a Temporary Worker fails to attend work or informs the Client they are unable to attend work for any reason; and
6.1.8 authorise timesheets at the end of every day to verify the number of hours or days worked by the Temporary Worker. If the Client does not submit a timesheet because the Client disputes the time claimed by the Temporary Worker, the Client must inform the Recruiter as soon as possible. The Client cannot refuse to authorise timesheets on the basis the Client is dissatisfied with the Temporary Worker.
6.2 The Client also has specific obligations to any Temporary Worker it engages with. The Client shall:
6.2.1 treat each Temporary Worker with due respect and dignity and as if they were the Client’s employee;
6.2.2 exercise all appropriate supervision, direction and control over how each Temporary Worker carries out their work to ensure it meets the reasonable standard that the Client expects of the Temporary Worker;
6.2.3 comply with the Client’s obligations under the AWR, particularly to ensure (i) the Temporary Worker receives any rights to which they are entitled, (ii) the Temporary Worker is treated no less favourably than a comparable worker
in relation to the collective facilities and amenities provided by the Client, unless it can be justified on objective grounds and (iii) the Temporary Worker is informed of any relevant vacant posts so they have the same opportunity
as a comparable worker to find permanent employment with the Client; and
6.2.4 comply with all other obligations, whether statutory or otherwise (including those which relate to place, nature or system of work) in any way arising directly or indirectly from the work provided by a Temporary Worker.
6.3 Client Acknowledgements. The Client acknowledges that:
6.3.1 any Temporary Worker supplied by the Recruiter will be engaged under a contract for service. They are not the Recruiter’s employees;
6.3.2 the Temporary Worker is under the Client’s supervision, direction and control from the time the Temporary Worker first reports to the Client until their assignment ends;
6.3.3 the Client is responsible for all things done or not done by the Temporary Worker (whether negligently or otherwise), as if they were the Client’s employees;
6.3.4 the Client will comply with all applicable laws, regulations and codes of practice in the same way the Client must adhere to for its own personnel;
6.3.5 the Client has adequate employer and public liability insurance to cover the Temporary Worker throughout their assignment.
7 RECRUITER OBLIGATIONS
7.1 The Recruiter shall:
7.1.1 provide the recruitment services with all due care, skill and ability;
7.1.2 inform the Client as soon as possible when a Candidate is unable to attend an interview or accept an offer;
7.1.3 inform the Client as soon as possible when a Temporary Worker informs the Recruiter they are unable to attend work for any reason;
7.1.4 comply with any brand guidelines provided by the Client in relation to the use of its name and trade marks.
8 UNSUCCESSFUL RECRUITMENT
8.1 No guarantee of successful recruitment. The Recruiter will always try to find the right person for the Vacancy, but the Recruiter cannot guarantee there will always be a suitable
Candidate available for a role
8.2 [No rebate in any circumstances. Once the Candidate attends (whether remotely or in person) their first working day, the Recruiter will not refund any portion of the Fee in any circumstances OR If a Candidate leaves within [12] weeks of their start date. The Recruiter will first try to source a replacement Candidate at no additional cost to the Client, provided:
8.2.1 the engagement was not ended due to redundancy, constructive or unfair dismissal or because the job specification has been significantly altered;
8.2.2 the Client notifies the Recruiter within [3] days of the Candidate leaving the Client’s employment;
8.2.3 the Client can demonstrate that Candidate was unsuitable, unsatisfactory or was guilty or misconduct; and
8.2.4 the Client has no outstanding Fees due to the Recruiter.
8.3 If the Recruiter cannot source a replacement Candidate, and the conditions above have been met, the Recruiter will refund the Client a percentage of the Fee, as follows:
8.3.1 where the Candidate was in role 2-4 weeks, [50]%; 8.3.2 where the Candidate was in role 5-8 weeks, [40]%; 8.3.3 where the Candidate was in role 9-12 weeks, [30]%;
8.4 Unsatisfactory Temporary Worker: If the Client reasonably considers that a Temporary Worker is unsatisfactory, the Client must notify the Recruiter and confirm the complaint in writing within [1] day. The Client will not have the
right to withhold payment of any fee the Recruiter is owed, but the Recruiter will seek to resolve the complaint and source an alternative Temporary Worker.
9 FEES
9.1 Upon the Candidate’s acceptance of an offer, the Recruiter shall submit an invoice to the Client for the successful placement of a Candidate (Dependent on the Candidate’s agreed annual salary). The
Fee payable by the Client is dependent on the type of Vacancy that has been filled. Where the Vacancy was: A permanent role: Of Candidate’s total first year remuneration is 10% Including all payments and benefits that form part of
their annual gross taxable pay before applying any exemptions, allowance or deduction for income tax purposes, but excluding any performance-related or other bonuses or salary.
9.2 Other circumstances in which the Client must pay the Recruiter a fee:
9.2.1 Where the Client cancels an offer of employment. Where a Candidate accepted an offer of employment and the Client subsequently withdraws that offer, the Client remains liable for 50% of the fee that would have been payable had the employment proceeded.
9.2.2 Where the Client subsequently engages an unsuccessful Candidate. Where a Candidate was initially unsuccessful but the Client subsequently engages that person within 12 months of receipt of their details from the Recruiter (whether for the Vacancy for which the Recruiter was instructed or otherwise), the Client remains liable for the full fee that would have been payable.
9.2.3 Where there is a Secondary Referral within 6 months of introduction. The Client remains liable to the Recruiter for the full fee that would have been payable if the Client had directly engaged the Candidate.
9.3 All fees are inclusive of VAT.
9.4 Invoices must be paid within [30 days] of the invoice date. Payment must be made by bank transfer to the Recruiter account details as set out [in each invoice OR on the website OR in the confirmation e-mail].
9.5 Interest will be charged on overdue sums. If the Client fails to make any payment due to the Recruiter by the due date for payment, then, without limiting the Recruiter’s remedies the Client will pay interest on the overdue sum
from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each week at £15 rate.
10 DATA PROTECTION
10.1 The Recruiter and Client agree that they are independent controllers for the purpose of data protection law and will be separately responsible for any personal data about the Candidates
that they each process.
10.2 Further information about how the Recruiter uses personal data can be given upon request.
11 CONFIDENTIALITY
11.1 Each party undertakes that it shall not disclose to any person any confidential information (which is information marked as confidential or which the recipient ought to know is confidential
given its nature of the circumstances in which it is shared) except:
11.1.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of performing its obligations under these terms. Each party shall ensure those to whom it discloses confidential information will comply with these confidentiality requirements; or
11.1.2 as may be required by law, a court of competent jurisdiction or any governmental authority. 11.2 No party shall use the other party’s confidential information other than to perform its obligations under these terms.
11.3 These confidentiality obligations shall not apply to confidential information which:
11.3.1 is in the possession of and is at the free disposal of either party, or is published or is otherwise in the public domain prior to the receipt of such information by the other;
11.3.2 is or becomes publicly available on a non-confidential basis through no fault of the party receiving the confidential information; or
11.3.3 is received in good faith by either party from a third party who claims to have no obligations of receiving the confidential information.
11.4 These confidentiality obligations will survive for 3 years from the date on which the confidential information is disclosed.
12 LIMITATION OF LIABILITY
12.1 The Recruiter shall not be liable for:
12.1.1 anything done or not done by a Temporary Worker during an assignment; 12.1.2 any cost or injury incurred by a Temporary Worker during an assignment; 12.1.3 failure to source a suitable Candidate;
12.1.4 the Client’s failure to comply with applicable law in relation to any recruitment process; or 12.1.5 any other cost, unless directly resulting from the Recruiter’s negligence.
12.2 In addition to clause [X].1, the Recruiter shall not be liable for: negligence, breach of statutory duty, contract, misrepresentation, restitution or otherwise for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms.
12.3 The Client accepts and agrees that the Recruiter gives no warranty as to the suitability of any Candidate for any Vacancy.
13 TERMINATION
13.1 Either party may terminate the contract for services by giving 30 days notice in writing to the other if:
13.1.1 the other is in material breach of its obligations under these terms and, if the breach is capable of being remedied within 30 days of being given written notice of such breach, the breach is not remedied in that period;
13.1.2 the other becomes insolvent, an order is made or a resolution is passed for its winding up (other than voluntarily for the purpose of solvent amalgamation or re-construction), an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of its assets or business, it makes any composition with its creditors or takes or is subject to any similar action in consequence of debt;
13.1.3 the Vacancy has been filled, whether by a Candidate or individual whose details were not provided by the Recruiter;
13.1.4 the Vacancy has not been filled or the recruitment has otherwise been unsuccessful (e.g. the Candidate has left their role) and the Recruiter is unable to identify a replacement Candidate or the Client does not wish to fill the Vacancy.
13.2 On termination, the Client will pay for all recruitment services provided up to the date of termination, and for all Fees falling due for payment after the date of termination from commitments reasonably and necessarily incurred
by the Recruiter for the performance of the recruitment services prior to the date of termination.
14 GENERAL
14.1 Notices: Any notice to be given under these terms will be in writing and sent by email to dan@eachoneteachonesolutions.com. Notices will be treated as being received at the time of transmission
if sent by email (although if sent outside the hours of 9am-5pm on a working day, it will be treated as being received at 9am on the next working day).
14.2 Variation. No amendment or variation of these terms will be valid unless agreed in writing by an authorised signatory of each party.
14.3 Priority. Any special terms agreed have priority over these terms, and these terms have priority over any other terms put forward by the Client.
14.4 No reliance. Both the Recruiter and the Client acknowledge that, in entering these arrangements between us as set out in these terms, we are not relying on any representation, warranty or other provision except as expressly set out in these terms and any conditions, warranties or other terms implied by law are excluded to the fullest extent permitted by law. Nothing in these terms excludes liability for fraud.
14.5 Relationship of the parties. The parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.
14.6 Third party rights. For the purposes of the Contracts (Rights of Third Parties) Act 1999, these terms are not intended to and do not give any person who is not a party to them any right to enforce any of its provisions. However, this does not affect any rights or remedy of such a person that exists or is available apart from that Act.
14.7 Governing law and jurisdiction. These terms are governed by the law of England and Wales. All disputes under these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales