Recruitment Agency Terms of Business

Recruitment Agency Terms of Business

RIBA Appointments Recruitment Agency Terms & Conditions of Business

RIBA Appointments is a trading name of RIBA Enterprises Ltd. Registered Office: The Old Post Office, St Nicholas Street, Newcastle upon Tyne, NE1 1RH. Registered in England 978271. VAT number: GB 232 3518 91.
All orders accepted and services provided are subject to the following terms, conditions and definitions.

Definitions
Agency means RIBA Appointments, trading name of RIBA Enterprises Ltd.
Candidate means the person introduced by the Agency to the Client to be considered by the client for Recruitment.
Client means the person who approaches RIBA Appointments with a view to appointing a Candidate or to whom a Candidate is introduced too.
Engagement means the employment of the Candidate by the Client or by any Third Party to whom or to which the Candidate was introduced by the client on a permanent basis.
Fee means the amount payable for the service.
Introduction means directly or indirectly introducing a Candidate by way of CV, meeting, referral, by any means of communication following the Clients instruction to the Agency to search for a Candidate.
Permanent means a position of employment with the Client for an indefinite period of time.
Service means the provision by RIBAE of the Services under the recruitment requested by the Client. 
Rebate means any Rebate of the Recruitment fee in accordance with these Terms and Conditions clause 7.
Remuneration means the annual salary of the Candidate appointed by the Client, includes base salary, guaranteed or anticipated bonus, commission earning, allowances, the benefit of a company car and all other payments payable to or received by the candidate for services rendered to or on behalf of the client.
RIBAE means RIBA Enterprises Limited.
Role means the position available for employment, set out in the Job Description.

1  General
1.1  All and any business relating to permanent recruitment undertaken by the Agency is transacted subject to these Terms all of which shall be incorporated in any agreement between the Agency and the Client.  In the event of any conflict between these Terms, these terms shall prevail unless agreed otherwise in writing.

1.2  These terms supersede all previous terms and conditions of business of the Agency in respect of the subject matter of these terms.

1.3  RIBAE accepts no responsibility for loss occasioned to any person acting or refraining from action as a result of using the Service or the information contained within the Service.

1.4  RIBAE shall not be liable in respect of any event of default for loss of profits, goodwill or any type of special indirect or consequential loss including loss or damage suffered by the Client as a result of any action brought by a third party even if such loss was reasonably foreseeable or that RIBAE had been advised of the possibility of the Client incurring the same. All warranties are hereby excluded to the fullest extent permitted by law and to the extent that RIBAE is found to be liable in damages for breach of contract (however caused) then RIBAE’s total aggregate liability shall not in any circumstances exceed the fee paid by the Client for use of the Service.

1.5  RIBAE shall not be liable for any failure or delay in employment occasioned by circumstances beyond its reasonable control including (but not limited to) acts of God, fire, flood explosion, accident, inability to supply the information.

1.6  The Agency is committed to equal opportunities and expects the Client to comply with all anti-discrimination legislation as regards the selection and treatment of Candidates.

1.7  RIBAE will not be responsible or liable for any payments in respect of salary, taxes, national insurance or any other liabilities incurred by the client or the candidate.

2  Introductions and Confidentiality
2.1  The client shall notify the agency immediately of any permanent offer of employment, which the Client makes to the candidate, upon an offer of employment being accepted by the candidate.  The Client shall provide the agency with details of the Remuneration.

2.2  The client is ultimately responsible for the suitability of any candidate for the purpose if the vacancy for which a candidate has been introduced and has sole responsibility for selecting a candidate for employment.

2.3  Introductions of candidates and any CV’s supplied by the agency to the Client are confidential and should not be disclosed to any other person(s) without prior consent from the agency.  The Client may only use any CV’s supplied for the purpose of selecting a candidate for interview.  If the Client decides not to employ the candidate, the Client must destroy all copies of the candidates CV.

3  Obligations of the client
3.1  The client will request the agency to make available details of workers registered with RIBA Appointments.

3.2  The client will provide a detailed job description, including any specific skills required for the role.

3.3  The client is fully responsible for the suitability of the candidate and where required for verification of qualifications, references, medical legal or work permits.

3.4  The Client agrees to notify The Agency verbally, on the same working day as the appointment of an applicant is accepted by The Client. 

3.5 The Client agrees to notify The Agency in writing of the terms of the applicant’s employment including annual gross remuneration

4  Obligations of RIBAE
4.1  RIBA Appointments will endeavour to ensure any candidates introduced to the client have skills suitable to the client’s requirements.

5  Fees 
The client shall pay a fee to the Agency, as per term 5.1 when it engages, whether directly or indirectly, any candidate introduced by or through the Agency within 12 months from the date of the Agency’s introduction. The Client agrees to notify The Agency in writing of the terms of the applicant’s employment including annual gross remuneration.Where the amount of the actual remuneration is not known or disclosed, the Agency will charge a fee calculated in accordance with the maximum level of remuneration applicable for the position or type of position the Candidate had been originally submitted to the Client for. 

5.1  Fee – The client shall pay a fee for permanent services of any worker introduced by the agency.

5.1.1  A fee will be equivalent to 18% of the annual remuneration to be paid to the candidate.

5.1.2  A fee for an overseas based role will be equivalent to 18% of the annual remuneration to be paid to the candidate.

5.1.3  If the Client is a RIBA Chartered Practice or a UK registered charity the fee will be equivalent to 13.5% of the annual remuneration to be paid to the client. The client must provide the agency with confirmation of membership 

5.1.4  An invoice for permanent fees will be issued on the 1st day of employment.

6  Payment
6.1  The Customer agrees to pay any invoice relating to the Service within 30 days of the date of the relevant invoice. If any amount is overdue, RIBAE reserves the right to charge interest and late payment compensation in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 or such other similar legislation as may be enacted from time to time.

6.2  The Fee is exclusive of VAT, which shall be added to all invoices at the rate prevailing at the date of invoice.

7 Rebate
7.1  If the engagement of the candidate is terminated by the Client or the Candidate within 12 weeks of commencing employment and providing that;

7.1.1  The Agency’s invoice for the fee has been paid within the payment terms in accordance with clause 6.1

7.1.2  Termination is not a result of re-organisation or change in strategy of the client, redundancy, pregnancy, injury, ill health, religion, disability or age or any other discriminatory reason.    

7.1.3  The candidate did not leave the Engagement because the nature of the actual work was substantially different from the information the Client provided prior to the Candidates acceptance of the Engagement.

7.1.4  The client notifies the Agency of the termination of employment within 7 days of the notice being given to end the employment. The Agency will endeavour to find a replacement at no extra cost to the client provided that the Client users the Agency’s services on an exclusive basis.

7.2  Where the Client qualifies for a rebate in accordance with clause 7.1 and the engagement of the Candidate is terminated by the Client or the Candidate within the time periods specified below, the Client shall be entitled to a rebate of the fee as follows;

Rebate Entitlement
Duration of Employment Percentage Refund of Fee
0-4 weeks inclusive 100%
5-8 weeks inclusive 50%
9-12 week inclusive 25%


7.3  The Client shall repay the full amount of any rebate to the Agency if the Client or any related third party subsequently re-appoints a Candidate in any capacity within twelve calendar months of the date of termination of employment.

7.4  If the engagement of the Candidate is terminated within four weeks an administration fee of £450.00 will be deducted from the rebate.

8  General
8.1  RIBAE reserves the right to change and update these Terms and Conditions at any point in time.

8.2  These terms and conditions form the entire agreement between the parties on its subject matter and supersedes all previous agreements, arrangements, representations (other than fraudulent misrepresentations) or understandings between RIBAE and the customer, in each case, whether written, arising from custom or oral. 

8.3  These  terms and conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

March 2016


 


Client details:

Invoice company:

VAT No:

Company Reg. No:

RIBA Chartered Practice/Charity  No:

Address:

Postcode:

Tel:

Email:


Contact for invoice queries:

Tel:

Email:

This agreement is entered into by   Mr  /  Mrs  /  Ms  /  Miss  Name:

Position:

Signature:

Date: