Terms & conditions
For EmployersLegal
Terms and Conditions of Business for the Introduction of Permanent staff to be Directly Employed by the Client
1.0 Definitions
1.1 In these Terms of Business the following definitions apply:
The Agency: Infonica Ltd (trading as GoCareers) whose registered office is based at 11 Church Road, Bexleyheath, DA7 4DD.
The Client: means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
Engagement: means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee.
Applicant: means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff;
Introduce Introduces and Introduction: means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Applicant in any capacity whatsoever;
Remuneration: Any fee payable to GoCareers for a placement would be calculated on basic salary offered only.
Rebate Period: means the period during which the Agency’s Scale of Refund operates under clause 8.1
2.0 The Contract
2.1 These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency on the Agency’s letterhead, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2.3 No Variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client.
3.0 Notification & Fees
3.1 The Client agrees:
- to notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
- to notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
- to pay the Agency’s fee within 30 days of the date of invoice
3.2 Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees.
3.3 The Agency reserves the right to charge interest on invoiced amounts. Interest will be charged at a daily rate on the overdue daily balance overdue at a rate of 8% per annum above the Bank of England base rate at the previous 30 June or 31 December. This is in accordance with the Late Payments of Commercial Debts (Interest) Act 1998.
In addition, telephone and email reminders will be sent on every Friday after the balance becomes overdue. The Agency reserves the right to charge an additional £25 for each reminder.
3.4 The Fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the attached Appendix on the Remuneration applicable during the first 12 months of the Engagement.
3.5 If the Client subsequently engages or re-engages the Applicant within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer or introduction of the applicant, a full fee calculated in accordance with clause 3.4 above becomes payable.
4.0 Refunds
4.1 In order to qualify for the following refund, the Client must pay the Agency’s fee within 30 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
4.2 If the Engagement terminates within the Rebate Period (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Scales of Refund set out in the Appendix attached to these Terms of Business.
4.3 In circumstances where clauses 3.5 apply the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund.
4.4 In the event that the Candidate’s Engagement be terminated within the rebate period and subsequently reengaged on any basis whatsoever by the Client within 6 months of the termination of the Engagement, a further FEE will be charged, calculated in accordance with Clause 3.4 above.
5.0 Introductions
5.1 Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction or within 6 months of the original engagement with the Client renders the Client liable to payment of the Agency’s fee as set out in clause 3.4 with no entitlement to any refund.
5.2 An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency’s Introduction.
5.3 Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.4 on the higher of either the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.
6.0 Suitability and References
6.1 The Agency shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Agency searching for an Applicant for the Client or the Introduction to the Client by the Agency of any Applicant or the Engagement of any Candidate by the Client.
6.2 The Agency endeavours to ensure the suitability of every Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.
6.3 At the same time as proposing an Applicant to the Client the Agency shall inform the Client of such matters in clause 6.2 as they have obtained confirmation of. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or bank holiday) following save where the Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to the Client.
6.4 The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
6.5 The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interest of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
6.6 Notwithstanding clauses 6.1, 6.2, 6.3 and 6.4 above, the Client shall satisfy itself as to the suitability of the Applicant and is urged by the Agency to personally take up any references supplied by the Agency or the Applicant prior to the commencement of the Engagement. The Client shall always be responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/ or medical history enquiries, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
6.7 To enable the Agency to comply with its obligations under clauses 6.1, 6.2, 6.3 and 6.4 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition, the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
7.0 Liability
7.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
8.0 Law
8.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
Appendix to GoCareers Terms and Conditions of Business for the Introduction of Permanent or Contract Staff to be Directly Employed by the Client:
Fee Structure:
In accordance with Clause 3.4 of the attached Terms and Conditions of Business, Fees are payable to the Agency by the Client for Introductions resulting in an Engagement calculated in accordance with the following:
In respect of Full Time Permanent Engagements:
REMUNERATION per Annum Fee
All salaries Levels 15%
Scale of Refunds/ Rebate:
The following scale of refund only applies in the event that the Client complies with the provisions of clause 3.1 of these Terms and Conditions of Business, subject to the conditions in clauses 4.1, 4.2 and 4.3.
In the event of a placed candidate voluntarily leaving or being asked (except in the case of redundancy) to leave within 3 months of the start of the placement, a free replacement to be found within a further 12 weeks or full refund if a replacement cannot be found.
*If you are viewing any of our candidates, it is assumed that you agree to all the above terms and conditions.