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FOR THE INTRODUCTION AND TRAINING OF APPLICANTS ENGAGED BY CLIENTS
These Terms and Conditions of Business are between Get Recruited (UK) Limited and other associated Get Recruited companies including but not restricted to Hamilton Moss Associates Ltd, Get Recruited London Ltd & Get Recruited Temps Ltd (hereinafter called the AGENCY) and the Employer Client (hereinafter called the CLIENT) and are deemed to be accepted by the Client by virtue of an interview or the engagement of an applicant introduced by the Agency. The Client shall notify the Agency within 3 hours if the Work Seeker has applied directly to The Client or if they have already been introduced by another recruitment agency or recruitment business, otherwise, the Introduction will be deemed to have been made by the Agency. No variation in price will be accepted unless the Client has obtained the Agency’s prior written approval. All information provided is subjected to Get Recruited (UK) Limited’s Privacy, Modern Slavery and Equal Opportunities policies which can be found on our website at www.get-recruited.co.uk
- In these Terms of Business the following definitions apply:
“Engagement” means the engagement, employment, or use of an applicant on a permanent, temporary, self-employed, freelance or commission only basis, whether under a contract of service or for services, under an agency, licence, franchise or partnership agreement or any other engagement or where applicable if the applicant has become incorporated, the engagement of that limited agency, or become a partner, the engagement of that partnership;
“Introduction” means the identification of an applicant on a permanent, temporary, freelance, self-employed or commission only basis to the Client by one or more of the following methods: (a) verbally; (b) the submission of written details; (c) the applicant attending an interview;
“Regulations” means the Conduct of Employment Agencies & Employment Businesses Regulations 2003;
“Third Party” or “Third Parties” means any individual, partnership or corporate body including any employee, agent or associated agency of the Client
“Training Courses” means the modular training that is included within the chosen package that are delivered on premises provided by the agency
“Delegate” means the engaged applicant that has booked to attend or that attends a Training Course
“Schedule of Agreement’ means the order form, booking form or Get Recruited document detailing any commercial alterations or conditions agreed by the Get Recruited and the client which forms part of this contract.
- To notify the Agency immediately an Engagement is accepted; and
- To pay the fees of the agency set out under clause 4 whether the applicant has been engaged in a sales position or otherwise
a) To pay the fee of the Agency within 14 days of the date of the invoice or in accordance with any instalment payment arrangement within the schedule of agreement.
b) To notify the Agency of an invoice dispute within 10 days of the date of the invoice, all disputes must be reported in writing to the Agency. Failure to dispute within this time period will result in the Agency rejecting any dispute
The Agency reserves the right to charge interest on any invoices unpaid after such date at a rate equal to 8% above the Bank of England base rate
3. For the purposes of the Regulations the Agency is engaged by the Client as an Employment Agency as defined in the Regulations.
For Salaries up to £25,000
- Option 1: £3999+VAT: The Agency agrees that the Introduction and Engagement of an Applicant it shall provide 5 days of Modular Training to the Applicant. Modular Training to include; Fundamentals of Selling, Sales Negotiation, Sales Presenting, Effective Telephone Sales, Digital & Social Media Sales.
- Option 2: £4599+VAT: The Agency agrees that the Introduction and Engagement of an Applicant it shall provide 7 days of Modular Training to the Applicant. Modular Training to include; Fundamentals of Selling, Sales Negotiation, Effective Telephone Sales, Digital & Social Media Sales, Advanced Sales Skills, Sales Presenting, Sales Coaching & Leadership.
For Salaries £25,001 and above
- Option 3: £5299+VAT: The Agency agrees that the Introduction and Engagement of an Applicant it shall provide 5 days of Modular Training to the Applicant. Modular Training to include; Fundamentals of Selling, Sales Negotiation, Effective Telephone Sales, Digital & Social Media Sales, Sales Presenting
- Option 4: £5899+VAT: The Agency agrees that the Introduction and Engagement of an Applicant it shall provide 7 days of Modular Training to the Applicant. Modular Training to include; Fundamentals of Selling, Sales Negotiation, Effective Telephone Sales, Digital & Social Media Sales, Sales Presenting, Advanced Sales Skills, Sales Coaching & Leadership.
The above fees will apply unless a discount, incentive or offer has been agreed via a written schedule of agreement, if the client does not meet the conditions of that agreement then the above fees will apply. In the event that a discount is applied to a specific vacancy by a written schedule of agreement, should the Client engage an applicant introduced by the Agency for any other position then the Agency will be entitled to charge a fee in accordance with the above Fees.
5. In circumstances where the client does not state an option set out in paragraph 4 then the Agency will charge fees based on option 4.
6. Should the Client fail to notify or disclose to the Agency of an Engagement of an introduced applicant then the Agency reserves the right to charge the Client the fees detailed in clause 4, the fees shall be payable immediately. If the Client has failed to inform the Agency of the option selected in paragraph 4 prior to the engagement of the applicant then the introduction fee payable under this clause will be based on Option 4. In such circumstances, the client will not be entitled to any refunds or free replacements in the event of the subsequent termination of such engagements.
7. If, after an offer of Engagement has been made to the applicant the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee of 50% of the fee.
8. Introductions are confidential. The passing on of an introduction to another employer, associate or any affiliated party, which results in an Engagement renders the Client liable to payment of the Agency’s introduction fee as set out in Paragraph 4, option 4 with no entitlement to a refund or free replacement.
9. An introduction fee in accordance with Paragraph 4 of these terms will be charged in relation to any applicant engaged by the client that has been introduced by or through the Agency, even if the introduction has been made indirectly. The fee is payable where the Agency have submitted the application of the applicant even if the applicant subsequently applies to the Client by any other source within a 12 month period from the date of the Agency’s Introduction. In such cases free replacements will be provided subject to the conditions set out in paragraph 13.
10. Should the Client or any subsidiary, holding company or subsidiary of such holding company subsequently re-engage the applicant within the period of 12 calendar months from the date of termination of an Engagement or withdrawal of an offer, a further fee calculated in accordance with paragraph 4, option 4 becomes payable, with no entitlement to refund or free replacement.
11. The Client shall make all payments due under the Contract without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by the Agency to the Client. No payment shall be deemed to be received until the Agency has received cleared funds.
12. As directors you guarantee to pay personally any fees (including disbursements) for services provided to the client that the client is unable to pay. This clause shall become effective in the event of a receiver or liquidator being appointed to the client or the client otherwise being wound-up.
13. Free Replacement: In the event that an Engagement terminates within 8 weeks of its commencement date, the Agency shall endeavour to provide a free replacement subject to the following;
a. The Agency has received payment of all invoices within 14 days of the invoice date
b. The Agency receive written notification from the Client of the termination of Engagement within seven days of such termination, by emailing email@example.com.
c. The termination is not due to redundancy
d. The Client uses the Agency exclusively for this purpose for a minimum of six weeks from the date of the termination (“the Exclusive Period”) and does not cause unreasonable delay in the interview process during the Exclusive Period
e. The Client is entitled to one free replacement per paid fee and can only be redeemed for an identical vacancy within 6 weeks of the termination.
f. The Client is not entitled to any refunds and no alternative is available in circumstances when the client does not require a replacement applicant
14. The Agency endeavors to ensure the suitability of the applicant introduced to the Client. The Client shall notwithstanding satisfy him/herself as to the suitability of any applicant and shall take up any references provided by the applicant and/or investigations into the medical history of any applicant and satisfy any medical or other requirements or qualifications required by law.
15. The Agency shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client for the introduction by the Agency to the Client of any applicant or the engagement of any applicant by the Client. To help the Agency make credit decisions and to prevent fraud and money laundering the Agency may search the files of credit reference agencies in respect of the Client and such agencies may record any credit searches on the Client’s files.
16. Training Courses
a. The Client must have prepaid in full or not be in arrears of any payment instalment before booking on to any of training courses included in the package
b. Training Courses will commence on the date specified by The Agency and details will be issued to the Client
c. The Agency will supply to the Client the course outlined in the agreement, including the supply of relevant support materials to the delegates. Refreshments are also included for all attending fee paying delegates. In circumstances where the venue provides food of any kind, the Agency is not liable for any illness or allergic reactions resulting from such food. Furthermore, the agency cannot guarantee to satisfy specific or bespoke dietary requirements.
d. The Client understands that the Training Courses are public and therefore will be a mixed group based training day with businesses from various sectors attending and that the training is non-exclusive to one business or one sector type. The Agency reserves the right in its sole discretion to amend the information contained within the course or the allocated trainer.
e. The modular training included in the packages are valid for one year from the commencement date of the applicant and can only redeemed by the applicant that the agency introduced that was subsequently engaged by the client. Any unused training courses remaining at the end of this period will expire.
f. The Client acknowledges that the Agency and/or its nominated training hosts own the copyright to the content of the training and support materials provided within the course and that this Agreement does not allow the client to acquire any rights in relation to any of the course contents.
g. The Client agrees not to copy our copyrighted material without our prior written consent, except for the use of the clients own internal business activities. The Client agrees not to use the course content or materials to provide external training or marketing services to any third party.
h. Unless prior written consent has been granted by the Agency, the Client & Delegate agrees not to use audio/visual recording equipment in our training courses. The recording, copying, loan, unauthorised hire, public showing or broadcasting of such materials and courses are prohibited.
i. The Client agrees not to use our product or trade names in any promotion or publication without our prior written consent.
j. In consideration of the payment by the clients of the fees, The Agency grants to the Client the right to possess and use the Materials and content provided within the course and to permit its delegates to use the materials, for their own personal use and use of the Clients business only and only while they remain employees of the Client. For the avoidance of doubt, the Client may not use or permit the use of any Materials or content provided in the course in order to provide training to any third party. Course bookings will usually not be accepted from Sales or Performance Training or Business Coaching businesses unless agreed otherwise in writing
k. The Client authorises the use of its branding and/or logos and any reviews or videos made by delegates for the purpose of marketing & advertisements by the Agency and its associated businesses
l. All training courses in the package must be taken and used within 12 months of the initial invoice date. All entitlement will be lost after this 12 month period unless agreed in writing by Get Recruited.
17. Materials, training and guidelines issued by the Agency and its agents or hosts are on the understanding that, neither the Agency nor its agents or employees can accept liability for any loss or damage resulting from the results of any action taken on the basis of the information nor for any omissions or inaccuracies relating to Information, regardless of how caused. To the full extent permissible by law, the Agency and its employees and representatives shall not be liable in contract, tort or otherwise for any indirect, special, incidental or consequential loss or damage arising out of, or in any way connected with, the purchase, performance, application or use of the training or services or the results obtained from their content. The Agency and its representatives do not purport to provide legal or binding advice in the materials and course contents.
18. The Agency cannot guarantee the results of any training or advice it supplies as part of this agreement. All forecasts for likely ‘deliverables’, including appointments, sales leads and sales figures are estimated in good faith using experience and judgment and do not constitute a guarantee.
19. In all events, the Agency’s total liability to the Client under or in connection with this Agreement in respect of any and all claims for breach of contract, negligence, breach or statutory duty, misrepresentation or under any indemnity or otherwise shall be limited in aggregate to the fees (excluding VAT) paid by the Client to the Agency for the Services to which the claim relates.
20. Where the Client accepts delivery of Information via email, such delivery will be at the Client’s own risk. The Agency does not warrant that emails or files delivered are free from errors, viruses, worms or other destructive features and will not be liable for any loss or damage suffered.
21. The Agency will assume receipt of emailed Information by the Client, unless informed otherwise in writing. It remains the client’s responsibility to inform the Agency of the non-receipt of pertinent information relating to the Services so that the information can be re-emailed.
22. Save as expressly provided in this Agreement, The Agency makes or includes no representations, terms, warranties or conditions (whether express or implied (by statute or otherwise) in connection with the Services or use thereof by the Client or users or otherwise in connection with the Agreement) and the Agency shall have no other liability to the Client, financial or otherwise, in any respect arising from the fulfilment of any of the Services.
23. The Client warrants that they are acting and shall act in a business capacity on behalf of a business and not as an individual or as a consumer;
24. For quality control purposes, all calls made to or by the Agency may be digitally recorded.
25. The Client acknowledges that they have not entered into this Agreement in reliance on any representation, warranty or undertaking, which is not set out or referred to in the Agreement.
26. If the Agency fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
27. The Agency shall not be liable for any costs or damages suffered by the Client or Delegates as a result of any delays in delivery of Academy Packages or the cancellation or postponement of either Onsite Courses or Public Courses.
28. The Agency reserves the right to update this terms & conditions document at any time.
29. The Agency reserves the right to eject a delegate from any training course, including Public Courses or Onsite Courses, where the delegate(s) behaviour is deemed to be unprofessional or inappropriate. The decision to eject is solely at the discretion of the agency and the client will not be entitled to a refund in such circumstances.
30. This Agreement shall be governed by and construed in all respects in accordance with English Law.
31. The Agency may assign, sub-contract or otherwise transfer this Contract or any part of it to any third party in its absolute discretion.
32. The Client shall not assign or transfer or purport to assign or transfer any of its obligations under these Conditions without the prior written consent of the Agency
33. If any of the provisions of these Conditions shall be declared invalid or unenforceable in whole or in part by a competent court or other authority whose decisions shall have the force of law binding on the parties, the remaining provisions shall remain in full force and effect.