Pure People (HR Services) Ltd – Terms of Business
The following Terms and Conditions are the only Terms and Conditions of Business of Pure People (HR Services) Ltd (The Company). In the absence of any express or implied prior acceptance of these Terms and Conditions of Business by the employer (The Client), the Client is deemed to agree and accept these Terms and Conditions of Business by virtue of an interview or the engagement of an applicant (The Candidate) by the Client or the use of the Candidate by the Client as a direct contract or temporary or ‘temp-to-perm’ or ‘fixed term contract’ worker. Interviewing a Pure People Candidate shall be deemed an acceptance of these Terms and Conditions of Business by the Client.
2. The definition of ‘Introduction’
The fee payable by the Client to the Company is for the introduction of a Candidate. The word ‘introduction’ means, to avoid doubt, the presentation (written or oral) of a Candidate by the Company to the Client for engagement, whether or not the Client knew of the Candidate previously. The fee is payable when the Candidate is engaged by the Client whether now or at any later date and whatever capacity the Candidate is engaged by the Client, whether employed directly by the Client or on a self-employed basis. If the Client or any representative or employee of the Client refers the Candidate to any other person, firm or corporation within 12 months of the initial introduction then the placement fee (below) will become payable by the Client as though the Client themselves had engaged the Candidate.
3. The Placement Fee
The Pure People Placement Fee is fixed at 20% of the Candidate’s annual salary upon engagement, exclusive of VAT. ‘Salary’ is deemed to consist of all income projected for the first 12 months’ employment. To avoid doubt, this would include (but not be limited to) guaranteed commission or bonuses, shift or call out allowances, location weighting, salary-converted profit related pay, company cars (valued at £2000 salary equivalent), subsidised mortgages (valued at £1000 salary equivalent).
4. The Payment Terms
The Client must pay the Company the placement fee in full within 14 days of the engagement of the Candidate.
5. The Rebate Scheme
If in the unfortunate event the permanent agreement should be terminated for any reason (other than redundancy) within the periods specified below, the following rebate will be paid by the Company to the Client (providing the fee payment has been made by the Client in the terms specified above). Duration of Employment Percentage rebate made:
0-2 weeks…. 100% of placement fee
2-8 weeks…. 50% of placement fee
8-12 weeks… 25% of placement fee
6. The Disclaimer
Whilst we make every reasonable effort to ensure the suitability of Candidates selected on the Client’s behalf, the Company cannot accept responsibility for any loss, damage, expense of delay, however occasioned. The Client is responsible for taking up any references considered necessary concerning the Candidate’s skills, qualifications or general integrity, and is also responsible for obtaining work permits and satisfying any medical requirements or qualifications as may be required by the Client or by law. The Company cannot accept any liability of any kind for any other loss or damage to property, or for any loss, including without prejudice to generality or the foregoing, loss of profits or for any act of omission of any Candidate introduced by the Company, even if such act is negligent or fraudulent or reveals dishonesty. For avoidance of doubt, this disclaimer applies to any Candidate employed by the Client as a permanent staff member or a direct contract employee or temporary employee or ‘temp-to-perm’ employee or ‘fixed term contract’ employee.
Should the Candidate introduce to the Client any person known to the Company (ie on the Company’s files) at any time up to three months after engagement of the Candidate then if that said person secures engagement with the Client then the Client is liable to pay the placement fee for that person.
Unfortunately the Company has no alternative but to charge the Client 4% above the Lloyds Bank standard rate of interest per month on all overdue accounts. Any negotiated fee agreement will be ‘null and void’ and the fee will revert to standard terms of 20% if the fee is not paid by due date.
The interpretation and performance of these Terms and Conditions of Business will be governed by the law of England.
The Company assumes that in reading this agreement the Client understands it and agrees to these Terms and Conditions of Business. If you are unclear on any of these points, please do not hesitate to contact Kieran Best, Director of Pure People (HR Services) Ltd.