Terms of Business
Up Front Recruitment – Terms of Business
These Terms of Business are for companies that have not signed Terms of Business, or have not agreed Terms of Business, to protect Up Front Recruitment. An additional 5% will be added to the fee chargeable if a company engages in a candidate that Up Front Recruitment has introduced, but Up Front Recruitment has not been informed.
For companies that have agreed terms please refer to them.
Terms of Business – General
Up Front Recruitment is committed to maintaining a high level of service and efficiency. However, because Introductions are dependent upon the accuracy of information outside Up Front Recruitment's control and a Client's Instructions, and as any decision to engage an Applicant is entirely a matter for a Client, Up Front Recruitment cannot accept liability for any Losses incurred by Clients as a result of Engagements.
Up Front Recruitment expects Clients to act promptly, reasonably and in good faith (including not applying any discriminatory standards or practices) when deciding whether it wishes to Engage an Applicant.
Up Font Recruitment confirms that, in the context of the Employment Agencies Act Regulations, it is acting in the capacity of an employment agency.
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Commercial Terms
Fee Rates
Upon the Engagement of an Applicant, Up Front Recruitment shall charge the following Fees calculated as a percentage of the Applicant's Remuneration Package (which, for the avoidance of doubt, shall include car allowance in addition to basic salary):
Amount of remuneration package fee percentage chargeable
Up to £19,999 / 20%
£20,000 to £39,999 / 20%
£40,000 to £54,999 / 20%
£55,000 and over / 20%
Rebate Terms
If a candidate or client terminates the Engagement within 12 weeks after the commencement date, for any reason (other than redundancy or the Applicant's death), the Agency will offer a free replacement. Subject to;
(a) The Fee and any other invoiced sum having been paid by the Due Date; and
(b) The Client's notifying Up Front Recruitment in writing within 7 days of the termination and the reason for it; and
(c) The Applicant's not being re-engaged in any capacity by the Client or any parent, subsidiary or associated company of the Client within twelve months of the Introduction.
If the Applicant is re-engaged as set out in (c) above, the Client shall notify the Agency immediately and repay the refunded amount as if the date of notification was the Payment Date for the purposes of these terms.
Fixed Term Contracts
In the event of an Applicant being Engaged by the Client on a Fixed Term Contract (“FTC”) basis, a Fee shall be chargeable according to the following formula:
(Remuneration Package x Fee Percentage x 1.5) x (Number of Months of FTC ÷ 12)
In the event that the FTC is subsequently extended, and another FTC is settled in respect of the Candidate, then a further FTC shall become payable as per the above formula, PROVIDED ALWAYS that the maximum Fees payable in respect of any one particular Applicant shall always be capped at a total equivalent to the appropriate Fee Percentage of one year's Remuneration Package.
Retained Recruitment Projects
Up Front Recruitment and the Client may agree special commercial terms in relation to retained recruitment projects that are carried out on an exclusive basis. In respect of such projects, the agreed Fee shall be chargeable as follows:
1/3 of target Remuneration Package payable upon commencement of the project;
1/3 of target Remuneration Package payable upon presentation of shortlist of Applicants;
Balance payable upon commencement date of the Engagement.
Definitions
1. In These Terms
(a) “Applicant” means anyone who is referred or about whom information is supplied to a Client. It includes someone who may have been known or referred to that Client before Instructions are given or the Introduction is made.
(b) “Client” means the person or persons to whom an Introduction is made. It includes anyone who asks Up Front Recruitment for an Introduction, gives Instructions or interviews an Applicant on behalf of a Client.
(c) “Engagement” means any contract under which (directly or indirectly) the Applicant agrees to provide services to
or for the Client or at the Client's direction.
(d) “Fee(s)” means a sum equivalent to a percentage of the Remuneration Package, calculated at the rates set out above. It includes any additional fees that may have to be charged under Clauses 6(b)(2) and 6(b)(4). The Fee is exclusive of any VAT, which must be paid by the Client at the prevailing rate.
(e) “Instructions” means information about the Engagement, the Remuneration Package or the Client's requirements concerning an Applicant's qualifications or experience.
(f) “Introduction” means the referral of an Applicant or the provision of any information about an Applicant to a Client by the Agency or any associate, subsidiary or agent of Up Front Recruitment.
(g) “Losses” means any kind of loss, cost, expense, charge, damage, liability or claim whatsoever other than liability for death or personal injury caused by negligence.
(h) “Remuneration Package” means the total amount, before the deduction of any tax, of the salary, fees, profit share or equivalent remuneration and all commissions, bonuses, allowances and benefits of any kind in respect of the first year of the Engagement.
(i) “Up Front Recruitment” means Up Front Recruitment upon whose behalf these terms are issued.
2. Precedence of Terms
(a) All Instructions are accepted and every Introduction is made subject to these terms. An Introduction is made when a referral or any information about the Applicant arrives at the Client's office or is communicated to the Client Intermediary, whichever is the earlier event.
(b) Giving Instructions, arranging an interview with or requesting further information about or from the Applicant, represents deemed acceptance of and agreement to these terms by the Client.
(c) These terms are paramount. They prevail over any other terms or conditions which may conflict with their provisions or, but for this term, may have been incorporated into any agreement between Up Front Recruitment and the Client.
3. Introductions
(a) An Introduction, and any information about an Applicant, is provided to the Client in strict confidence and for the purpose of considering whether it wishes to engage that Applicant. The Client must not disclose an Introduction or any information about an Applicant to anyone else. In particular, the Client must not approach an Applicant's current employer until the Client has made an offer of Engagement to that Applicant and has the Applicant's permission to do so.
(b) The Client must not re-introduce an Applicant to anyone else. If, within twelve months of the Introduction it does so, and this leads to a contract equivalent to an Engagement with someone other than the Client, the Client must pay the Fee as if there had been an Engagement under these terms (except that clause 7(a) will not apply), unless that other person pays Up Front Recruitment a sum equivalent to the Fee.
(c) An introduction shall be deemed to have taken place where the client is provided with a CV or any information sufficient to identify the candidate.
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(d) If an introduction is the effective cause or trigger of the candidate’s engagement, even if the candidate contacts the client directly afterwards for a period of 12 months from the introduction.
4. Liability
(a) Up Front Recruitment will use due skill and care in locating and introducing Applicants. Beyond that, no other term or condition is to be implied concerning Up Front Recruitment's services. In particular, Up Front Recruitment does not warrant or make any representations about the suitability of, or the accuracy of any information concerning, an Applicant (as this information comes from the Applicant or other sources outside Up Front Recruitment's control) and none is to be implied from anything Up Front Recruitment may undertake or provide.
(b) Any decision to proceed with an Introduction, enter into an Engagement or incur any expense is a matter for the Client. The Client agrees that the responsibility for assessing and ensuring an Applicant's suitability for an Engagement, including taking up or confirming references, educational background, medical history, or obtaining any work and other permits and assessing or confirming qualifications, remains with the Client at all times. The Client is strongly advised by Up Front Recruitment to, and agrees to, take any of the steps referred to before offering or entering into an Engagement.
(c) Up Front Recruitment, its subsidiaries, associates, staff and agents (for whom Up Front Recruitment acts for the purpose of this and the following provision) shall not be liable, on any basis, for any Losses arising from, caused by or connected with Up Front Recruitment's taking the Client's Instructions, the Introduction, the acts or omissions of an Applicant or an Engagement, even if an Applicant acts or has acted negligently, dishonestly or fraudulently.
(d) However, if, despite the previous provision, a Court determines that, for any reason and on any basis, Up Front Recruitment or any of its subsidiaries, associates, staff or agents is liable to the Client for any Losses, their aggregate liability shall be limited to the amount of the Fee actually paid by the Client.
(e) Under no circumstances shall Up Front Recruitment have any liability whatsoever to the Client for loss of profit, revenue, anticipated savings or bargain, loss or corruption of data or software or for any indirect, special or consequential losses.
5. Client Responsibilities
(a) The Client agrees:
1. To give Up Front Recruitment the Instructions it may require from time to time to assist it in locating and introducing Applicants.
2. To act promptly, reasonably and in good faith (including not applying any discriminatory standards or practices) when deciding whether it wishes to engage an Applicant.
3. Not to prevent or impede Up Front Recruitment from making an Introduction or otherwise earning and receiving the Fee in any other way.
4. To indemnify Up Front Recruitment against any Losses it incurs as a result of the Client's delay in giving, changes in or failure to give adequate Instructions, or any breach of these terms by, or the negligence or other wrongful act, omission or statement of the Client.
5. To meet the costs of psychometric assessment tests or services where applicable.
6. Payment of Fees
(a) The Fee(s) becomes payable by the Client if an Applicant accepts an offer of Engagement at any time within 12 months of the Introduction being made. However, a Fee is not payable if an Applicant accepts an offer but fails to commence the Engagement through no fault of the Client.
(b) The Client must:
1. Notify Up Front Recruitment immediately an Applicant is offered an Engagement and provide full details of the remuneration package (and copies of any relevant contract and other documents if Up Front Recruitment so requests) and when a commencement date for the Engagement is agreed.
2. Update Up Front Recruitment immediately if there is any change in the offered or agreed remuneration package or the commencement date. Up Front Recruitment reserves the right to adjust the Fee or require the payment of an additional fee if there is a change.
3. Pay the Fee within 7 days of the commencement of the Engagement (the “Payment Date”).
4. If asked to do so, provide Up Front Recruitment with full details of the remuneration package actually received by or paid to the benefit of the Applicant for the first year of his or her Engagement (and copies of any relevant contract and other documents if Up Front Recruitment so requests). Up Front Recruitment reserves the right to charge an additional fee on the difference between the remuneration package actually received (if it is higher) and that used for the calculation of the Fee.
(c) Up Front Recruitment will calculate and invoice the Client for the Fee and for any other sum payable by the Client under these terms. Unless there is an obvious error in any calculation shown on any invoice, the invoiced sum will be final and binding as the sum due from the Client. It is absolutely essential that the Fee and any other invoiced sum is paid, without deduction, by the Payment Date or, if for any reason an invoice is issued later than the Payment Date, within 14 days from the date of that invoice.
(d) The Client must not make any deduction from, or assert or exercise any set-off, lien or other right or claim against the Fee, any other invoiced sum or any interest that may become payable under Clause 6(e)(1) below.
(e) If the Fee or any other invoiced sum is not paid within the time specified in Clause 6(c) (the “Due Date”) and in full, then:
1. Interest shall be paid on any outstanding balance, for the first 30 days, at the rate of 5% above, and thereafter, at the rate of 8% above Barclays Bank's (or its successor's) prevailing base lending rate, that interest accruing daily from the Due Date until payment (whether before or after judgment) and, while any part of the balance or interest remains outstanding.
1. Up Front Recruitment may give notice to the Client terminating or, at its option, suspending, in either case with immediate effect, its performance of and any of its obligations under this and any other agreement then in force between itself and the Client, until the outstanding balance and any interest has been paid in full. Up Front Recruitment will not incur any liability, upon any basis or for any reason, for any Losses resulting from, and the Client will indemnify Agency against any Losses it incurs as a result of, any such termination or suspension. A termination or suspension will not release the Client from performance of, or any of its obligations under, or otherwise vary the terms of any agreement.
2. Up Front Recruitment may also recover from the Client, as a sum due under these terms, any costs or other expenses it incurs, in enforcing and recovering any payments due from the Client.
(f) Candidate Representation
If a Candidate informs Up Front Recruitment in writing that they wish to be represented exclusively or preferentially by Up Front Recruitment in respect of a particular role or client, then any Engagement of that Candidate by the Client (whether or not the Candidate was introduced by another agency or directly to the Client beforehand) shall be deemed to have arisen from Up Front Recruitment's Introduction. In such cases, the Client agrees to pay the applicable Fee in full, in accordance with these Terms and Condition.
7. General
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This is the entire agreement between the parties signed or not. The agreement may not be cancelled and these terms may not be varied or their application or any breach of them waived other than by a document signed by a director, divisional/regional manager or legal representative of Up Front Recruitment. No-one else acting for Up Front Recruitment has authority to agree to any variation or waiver.
(b) If a specific fee or payment arrangement has been made between Up Front Recruitment and the Client, which includes a variation of any of these terms and the Client breaches any term of that arrangement, then all of these terms shall be substituted for and form part of that arrangement with immediate effect.
(c) In addition to and without prejudicing any of its other remedies, Up Front Recruitment may terminate the agreement between the parties with immediate effect if the Client breaches any of its terms or (in Up Front Recruitment's view) materially alters the Instructions.
(d) If the agreement is cancelled or terminated because of a material alteration to the Instructions, the Client agrees to indemnify Up Front Recruitment against Losses incurred by it to that date or resulting from the cancellation or termination.
(e) Up Front Recruitment shall not incur any liability to the Client for any Losses if the performance of Up Front Recruitment's obligations is prevented or delayed by the acts or omissions of others or other events, which are beyond its reasonable control.
(f) If any of these terms (or part thereof) is judged to be invalid or unenforceable for any reason, then the offending words shall be severed from the agreement or amended so as to ensure that the original spirit and intent of the term is made valid as far as possible. In the event that any term is severed for any reason, all other terms and conditions shall continue in full force and effect.
(g) Both parties agree not to approach or induce with offers of employment, directly or indirectly, any of the other party's employees that it has had direct contact with under this agreement, without the prior written agreement of the other party. In the event that the Client employs or engages an employee of Up Front Recruitment, then a Fee calculated upon that person's Remuneration Package at the rates shown above, or £12,500 (whichever is the greater), shall become immediately payable to Up Front Recruitment by the Client.
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THE CLIENT ACKNOWLEDGES THESE TERMS AND ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THEM.