Terms and Conditions of Business – Focus Group Recruitment
We have the pleasure in presenting Terms and Conditions of Business to your company as follows
Focus Group Recruitment will offer you the “Free Placement Scheme”. Focus Group will offer your business 1 free placement. This offer is valid on the basis that We – Focus Group Recruitment will give you your first hire for free of charge on the basis of repeat business and the ability to prove ourselves and become a preferred supplier
You will be required to give us another role to recruit for your business within the period of 6 months of taking the free hire from Focus Group and the next hire will be chargeable at 18% flat fee. The offer is only valid as a once offer and not in conjunction with any other offer. By successfully hiring via Focus Group Recruitment you are agreeing to put Focus Group onto your PSL (Preferred Supplier list).
The Definition of Free Placement Scheme – Focus Group will provide your business with a free hire at no cost with the basic understanding to gain a chargeable repeat business and long-term business relationship.
Please note – in the instance of no repeat business within the 6-month period, you the customer will be liable to pay Focus Group Recruitment a one off default charge of £4,495.00 + VAT to ensure the service is utilized accordingly.
Our Standard Terms of business are also as follows:
These Terms have been discounted at an introductory rate of 15% Flat Fee on all permanent Placements.
These Terms of Business are valid for all business invoiced within 12 months from the date of this letter.
1. The following clauses are the Terms and Conditions upon which Focus IT Recruitment Limited (Focus IT) are prepared to do business with you, the client.
2. The Terms and Condition of Business will be binding and effective as and when focus IT introduces to you any applicant.
3. Fees Payable
An introduction fee (“the fee”) becomes due on the day that an applicant introduced by Focus IT commences employment with you, whether or not the position is the same to which the interview related. For the avoidance of doubt expression, “employment” as used in these terms shall include contracts of service, for services, partnerships, consultancy or any other form of association.
Fees payable are as follows:
15% for all placements
Where no salary has been agreed or no salary is to be paid, the fee will be 25% of all sums (and other benefits having a monetary value) paid or agreed to be paid to or on behalf of the applicant, calculated over the first twelve months following the commencement of employment. All fees are subject to VAT at the then current rate. Where the sum is to be paid to the applicant cannot be ascertained, or cannot be ascertained until the expiration of the aforesaid period of 12 months, a minimum fee of £6000 will be payable and adjusted upwards only to 25% of the actual sum paid as and when this sum is ascertained or at the end of the year. The provision of a company car will be charged at £1,000 and shall be added to the sums set out in Clause 3 hereof.
Invoices are due for payment within 14 days of invoice date.
Focus IT reserves the right to charge interest at the rate of 4% per annum above the prevailing Barclays Banks plc base rate on any invoice which remains unpaid 30 days after the invoice date, such interest to be calculated from invoice date to the date payment is received in full. Focus IT will also invoice and you will pay any legal costs.
incurred by Focus IT in pursing sums due in respect of overdue invoices on an indemnity basis.
4. Introduction Means:
4.1 Providing you with details of any applicant:
4.2 Arranging an interview for any applicant:
4.3 Providing you with any information concerning an applicant.
4.4 In the event that an applicant is rejected by you or the applicant rejects an offer of employment, and is subsequently employed by you in any capacity whatsoever within a period of 12 months of being introduced to you, you will pay a fee to focus IT based on Clause 3 hereof. For the avoidance of doubt the 12-month period will commence from the day the applicant is rejected by you or the applicant rejects an offer.
In the event that you introduce intentionally or otherwise the applicant to another firm, corporation of any other third party including subsidiary, parent or associated company resulting in the employment of that applicant by that person, firm, corporation or other third party within 12 months of being introduced to you, you will pay a fee calculated in accordance with Clause 3 hereof. Where an interview has taken place, the twelve-month period shall run from the date of the first interview.
5. Focus IT guarantees to refund the proportion specified below of the fee paid in the event of employment of any applicant terminating or being terminated, such proportion being as follows.
|Week 1 – 6||50% rebate|
|Week 5 – 8||30% rebate|
|Week 9 – 12||15% rebate|
Provided in each case:
6. The dismissal of the termination is lawful and in accordance with any applicable code of practice or the applicant leaves of his or her own violation, and you notify Focus IT within 7 days of the termination, and you or any subsidiary, parent or associated company or person shall not employ the applicant within 12 months of the termination, and the terminations is not due to any redundancy measure whatsoever, and all monies due from you have been paid in accordance with these Terms and Conditions of Business.
7. Focus IT will do its best to ensure that applicants put forward for positions are suitable but cannot and does not make any warranty express or implied as to their suitability. You must make your own enquires and rely upon your own judgement.
8. You will be responsible for taking up any references including the confirmation of any professional or academic qualifications and arranging medical examinations and all investigations of the applicant and for obtaining any work or other permits. You should familiarize yourself with all relevant legislation regarding employment of applicants as Focus IT cannot accept any responsibility for any loss or expense incurred due to such legislation or as a result of any infringement.
9. Focus IT shall not be liable to you for any loss liability damage costs claims or expenses (including negligence) suffered or incurred by you arising from or connected with the recruitment or employment of the applicant howsoever arising.
10. You agree to notify Focus IT immediately an applicant is accepted and to supply copies of all letters of offer to any applicant by you to Focus IT upon request.
11. All information submitted about a potential applicant is confidential and must not be disseminated or used (except for the purposes of considering whether to offer employment to an applicant) without our consent or unless the applicant agrees otherwise.
English law will apply to this contract and the parties agree to submit to the jurisdiction of the Courts at England and Wales.
Any variation of these Terms and Conditions of Business must be made in writing and signed by a Director of Focus Group Recruitment.