Client Terms of Business
These Terms of Business are between:-
Boost Recruitment Ltd (BOOST) of 28 Landport Terrace, Portsmouth, Hampshire, PO1 2RG, Company Number: 08876955, (the “Company”), and the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 and any customer or agent of the Client requiring the services of the Company (the “Client”)
(1) these Terms are deemed to cover the supply of services by Boost Recruitment Ltd referred to as BOOST; and
(2) where supplying Candidates for employment by the Client, BOOST acts as an employment agency; where supplying Candidates for temporary engagement by the Client, BOOST acts as an employment business; and
(3) the Company operates in the Engineering, Sales, HR, and associated sectors of the Recruitment Industry
1.1 In these Terms of Business the following definitions apply:
Assignment means the period during which the Candidate is supplied to render services to the Client.
Candidate means the person introduced by the Company to the Client for an Engagement employment capacity, including any officer or employee of the Limited Company where the individual supplied is a Limited Company Contractor.
EAA Regs means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Engagement means the use of the Candidate by the Client on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement, trial, induction, or any engagement or employment.
Introduction means (1) the passing to the Client of a CV or other information which identifies the Candidate following Client’s instructions to the Company to search for a Candidate or (2) the interview (in person, video conferencing or telephone or any other electronic means) or Engagement of a Candidate by the Client (or any Third Party who has obtained such information through the Client’s intermediation) following the passing to the Client by the Company of a CV or skills and location summary or other information with identifies the Candidate.
Limited Company Contractor means the Candidate, who may or may not have Opted-Out of the EAA Regs, whose services are supplied by the Company to the Client through a Limited Company which is contracted by the Company under a Contract for Services.
Remuneration includes base gross salary or fees, guaranteed and / or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client.
2.1 Unless the context requires otherwise, references to the singular include the plural and reference to the masculine include the feminine and vice versa.
2.2 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2.3 These Terms of Business are deemed to be accepted by the Client by virtue of a request for details of or Introduction to suitable Candidates by CV, in person, and by any means whatsoever.
2.4 In submitting a vacancy to the Company the Client agrees that the Company may advertise that vacancy with or without naming the Client as agreed at that time.
2.5 No variation or alteration of these Terms of Business shall be valid unless approved in writing by an authorised employee of the Company.
2.6 These Terms contain the whole agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties, and in particular shall supersede any terms set out in any purchase order or other communication issued by the Client to the Company.
2.7 Non-Solicitation: BOOST shall endeavor not to solicit interest for a work opportunity, by direct telephone call or face to face meeting, any employee of a client who engages a candidate from BOOST. However, BOOST reserves the right to represent any candidate who approaches BOOST to use their services directly without any solicitation whatsoever from BOOST, when the approach by the employee is made by response to any publicly available advertisement, whether electronically via job boards, social media or other electronically available platforms available in the public domain or copy displayed in trade or general press, or by recommendation by word-of-mouth.
2.8 All contracts entered into are concluded on these terms of contract
3. CLIENT’S OBLIGATIONS
3.1 The Client agrees to provide the Company with details regarding Health & Safety on Client’s site(s).
3.2 Although the Company will carry out ID checks pursuant to the EAA Regs, the client agrees to establish the Candidate’s eligibility to work in the UK prior to the Candidate’s commencement of services in accordance with requirements set out in the Immigration, Asylum & Nationality Act 2006 and any subsequent amendments thereof.
3.3 The Client shall satisfy itself as to the suitability of the Candidate whether it be on a temporary, permanent or contract basis and shall be responsible for obtaining work permits and other permits if required, for the arrangement of medical examinations and / or investigations into the medical history of any Candidate, and satisfying any medical and other requirements or qualifications required by law of the country in which the Candidate is engaged to work.
3.4 The Client agrees to the use of its brand or logo being displayed on the carousel of the Company website. The Client will provide a digital file of their brand or logo to the Company if/when requested.
3.5 Upon receiving Candidate data from the Company the Client is responsible to the Candidate as a Data Controller in line with the General Data Protection Regulation.
4.1 The Company 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 Company seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Company to introduce any Candidate. The Company does not exclude liability for death or personal injury arising from its own negligence.
5.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
CONCERNING THE INTRODUCTION OF PERMANENT STAFF DURING A FULL RECRUITMENT CAMPAIGN, TO BE DIRECTLY EMPLOYED BY THE CLIENT
6. NOTIFICATION AND FEES
6.1 The Client agrees:
6.1.1 The Brilliant Boost fee defined in Clause 6.4 is the Company’s standard introduction fee and will not alter unless requested by the Client and subsequently agreed in writing by the Company; before any introduction is made.
6.1.2 To pay the Brilliant Boost fee defined in Clause 6.4 for each separate engagement unless written agreement is obtained from the Company to receive introductions and make engagements for an assignment, position level, or time priced in accordance with; Basic Boost defined in Clause 6.3; Bulletproof Boost defined in Clause 6.5; Refill as defined in Clause 7.4; or Discount defined in Clause 8.
6.1.3 To notify the Company by 12 midnight on the following business day of any offer of Employment or engagement which it makes to the Candidate;
6.1.4 To notify the Company by 12 midnight on the following business day that its offer of Employment or engagement to the Candidate has been accepted and to provide details of the Remuneration as defined in clause 1; and
6.1.5 To pay the Company’s fee immediately or within 14 days from the date of the invoice;
6.2 A fee is incurred by the Client when the Candidate commences the engagement which shall include induction, trial and/or probation, and when the Client requests a Bulletproof Boost annual subscription service; and the Company will render an invoice to the Client for its fees.
6.3 BASIC BOOST CAMPAIGN
The fee payable to the Company by the Client for the introduction of a candidate through a Basic Boost campaign is £2,499. Additionally, VAT at the current rate will be charged. Basic Boost Campaign fees do not qualify for rebate.
6.4 BRILLIANT BOOST CAMPAIGN
The fee payable to the Company by the Client for the introduction of a candidate through a Brilliant Boost campaign is calculated as 20% of the annual Gross Remuneration which the Candidate is offered and which the Candidate accepts in consideration of his engagement by the client determined at the date of the offer of engagement. Additionally, VAT at the current rate will be charged.
6.5 BULLETPROOF BOOST CAMPAIGN
The Bulletproof Boost campaign will become active on the day payment is received and shall remain active for a period 365 days. Whilst the campaign is active the Client can engage as many of the Candidates the Company Introduces to them during the active period as it wants for no additional fee.
Once the active period has elapsed any further engagements will be invoiced in accordance with Clause 6.4
6.6 The client shall within 7 days of notifying the company of acceptance of engagement and remuneration offered provide an email address for the delivery of invoices. The company will on the working day of commencement of the engagement or the working day upon which the company is told of the engagement (if later) deliver its invoice to the email address provided by the Client, which is the agreed means of delivery
6.7 In the event that the Engagement is for a fixed term of 12 months or more, the fee payable to the Company by the Client for the Introduction of a Candidate is based upon the gross remuneration which the Candidate is entitled to earn during the first 12 months of his Engagement by the Client. Additionally, VAT at the current rate will be charged.
6.8 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 6.4 will apply pro-rata. If the Engagement is extended beyond the initial term or if the Client re-engages the Candidate within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement and any subsequent engagements or the first anniversary of its commencement, whichever is the sooner. If the Client subsequently engages or re-engages the Candidate within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 6.4 above becomes payable.
7. REBATES AND REFILL CAMPAIGN
7.1 In order to qualify for the following rebates, the Client must pay the Company’s fees as set out in clause 6.4 for a Brilliant Boost campaign within 14 days of the date of invoice and must notify the Company in writing of the termination of the Engagement within 7 days of its termination. Clients accepting discounted fees do not qualify for rebate; they can request a refill as per Clause 7.4.
7.2 If the Engagement terminates before the expiry of 12 weeks (except where the Candidate is made redundant, a discount is given, or payment is not received within 14 days or otherwise agreed period) the fee will be rebated in accordance with the following rebate:
|Period of Employment||% of Credit|
|Up to 4 Weeks||75|
|Not exceeding 8 Weeks||50|
|Not exceeding 12 Weeks||25|
7.3 In circumstances where clause 6.7 applies the full fee stated in clause 6.4 is payable and there shall be no entitlement to a refund.
7.4 In order to qualify for the following Refill Campaign, the Client must pay the Company a discounted fee for the Brilliant Boost campaign as set out in Clause 6.4, within 14 days of the date of invoice, and must notify the Company in writing of the termination of the Engagement within 7 days of its termination. If the initial Engagement terminates before the expiry of 12 weeks (except where the Candidate is made redundant, or payment is not received within 14 days or otherwise agreed period) the fee payable to the Company by the Client for the introduction of a replacement candidate through a Refill Campaign is £999. Additionally, VAT at the current rate will be charged. Refill campaign fees do not qualify for rebate, or any further refill.
8.1 Discounts must be agreed by the Company in writing or email.
8.2 In the case where fees have been discounted, invoices must be paid within 14 days unless otherwise agreed in writing. Payments received outside this are subject to fees as set out in clause 6.4.
8.3 Should there be any breach of these Terms of business by the client then any prior agreement by the company to provide a discounted fee will be revoked and the client will be liable for the full fee as provided for by clause 6.4
9.1 Introductions of Candidates are confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of the Company’s fee as set out in Clause 6.4 without entitlement to any refund.
9.2 An introduction fee calculated in accordance with Clause 6.4 will be charged in relation to any Candidate engaged as a consequence of or resulting from an introduction by or through the Company, whether direct or indirect, within 12 months from the date of the Company’s introduction.
9.3 Whereby an introduction was made when the Company was instructed by the Client under Clause 6.3, 6.4, 6.5, or 7.4 then the introduction fee will be calculated in accordance to the service or campaign the Company accepted instruction for from the Client. Whereby an introduction was made when the Company was instructed by the Client under Clause 7.4, but another introduced Candidate was engaged to satisfy the refill, an introduction fee calculated in accordance with Clause 6.4 will be charged.
9.4 Where the amount of the actual Remuneration is not known the Company will charge a fee calculated in accordance with Clause 6.4 on the minimum level of remuneration applicable for the position in which the Candidate has been engaged with regard to any information supplied to the Company by the Client and the market rate for comparable positions.
9.5 In the event that any employee of the Company with whom the Client has had personal dealings accepts an Engagement with the Client within 3 months of leaving the Company’s employment, the Client shall be liable to pay an introduction fee to the Company in accordance with Clause 6.4
CONCERNING THE SUPPLY OF TEMPORARY STAFF SERVICES
10. NOTIFICATION AND FEES
10.1 The Client agrees to pay the Company’s hourly charges as notified at the commencement of the Assignment and as may be varied from time to time during the Assignment. The charges are comprised mainly of the Candidate’s remuneration (including, if applicable, Holiday Pay under the Working Time Regulations 1998) but also include the Company’s fees, any statutory contributions applicable and travel, accommodation or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT is payable on the entirety of these charges. Charges are payable within 14 days from the date of a monthly submitted invoice, or within 30 days from the date of a weekly submitted invoice;
10.2 The Company remunerates Candidates by reference to the time sheets completed by the Candidate. Accordingly, each and every time sheet verified by an employee, officer or representative of the Client shall be conclusive evidence of the number of hours worked by the Candidate and shall be conclusive evidence of the Client’s satisfaction with the services rendered by the Candidate.
10.3 For the avoidance of doubt, Candidates will not be employees of the Client or the Company and the Client should not treat them like employees.
11. INTRODUCTION FEES
11.1 This clause applies to the direct Engagement by the Client of a Candidate introduced by the Company, the Introduction by the Client of a Candidate to any third party resulting in the Engagement of the Candidate by that third party, and to the Candidate being supplied to the Client via another employment business in accordance with Regulation 10 of the EAA Regs.
11.2 In the circumstances described in clause 11.1 above, the Client may at its election either pay the Company an introduction fee in accordance with clause 11.3 below or commit to engage the Candidate as such for a further period in accordance with clause 11.4 below, except where the Candidate is an Opted-Out Limited Company Contractor. Where following written notice by the Company the Client fails to make such election within 7 days following service of the said notice, the right of such election shall pass irrevocably to the Company who may elect by written notice.
11.3. The introduction fee will be calculated in accordance with the fee for a Brilliant Boost campaign permanent engagement in accordance with 6.4 above. Where the Client fails to inform the Company of the remuneration, the introduction fee will be calculated by multiplying the last known hourly charge rate of the Company for the Candidate’s services by 400. No rebate of the introduction fee will be paid in the event of subsequent termination of the engagement. VAT is payable in addition to any fee due.
11.4 Alternatively, the Client may continue to use the services of the Candidate through the Company on these Terms for the period of 2 years.
12. SUITABILITY OF THE CANDIDATE AND LIABILITY OF THE COMPANY
12.1 Whilst every reasonable effort is made by the Company to ensure Candidates have the appropriate standards of skill, integrity and reliability, the Company is not liable for any loss, expense, damage, delay or disruption arising from the provision of a Candidate, the failure to provide or replace any Candidate for all or part of the Assignment, the negligence, dishonesty, misrepresentation, misconduct or lack of skill of the Candidate in the course of the Assignment. Nothing in this clause 12.1 shall exclude the Company’s liability for death or personal injury arising from its own negligence.
12.2 Candidates are engaged by the Company under contracts for services and are not employees of the Company. With the exception of Limited Company Contractors, they are under the reasonable supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment and any subsequent contract extensions. The Client agrees to be responsible for all direction, supervision, acts, errors or omissions of the Candidate/temporary worker, whether willful or negligent.
12.3 The Client will comply in all respects with the Health and Safety at Work Act 1974, the Working Time Regulations, the Data Protection Act 1998 and all other by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its own staff. Where the Candidate is supplied through or incorporated under a limited company, the Candidate will decide how best to perform the Assignment and will be responsible for all acts, errors or omissions during and after the assignment. The client is responsible for arranging Employers and Public Liability for the temporary worker.
13. INTEREST FOR LATE AND NON-PAYMENT
13.1 The company reserves the right to charge interest and compensation on invoiced amounts unpaid for more than 7 days pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until the date of payment.
14.1 Complaints should in first instance be addressed to the employee. If a complaint cannot be settled with the employee the Client should contact the Directors, Boost Recruitment Ltd of 28 Landport Terrace, Portsmouth, Hampshire, PO1 2RG. Email: firstname.lastname@example.org
14.2 Contracts (Rights of Third Parties) Act 1999: The Contracts (Rights of Third parties) Act does not apply to these terms.