General Terms of Business
between YourStoree (Employment Agency)
These Terms and Conditions (the “Terms”) constitute the entire agreement between YourStoree hereinafter called the “Employment Agency” and, hereinafter called the “Client” and shall govern all work between them. It is the standard terms for the introduction of Candidates to Clients for direct employment, recruitment and engagement.
These Terms mean:
“Employment Agency” YourStoree
“Client” any person; firm or corporate body together with any subsidiary associated Company as defined by the Companies Act 1985 to which the Employment Agency introduces a Candidate.
“Candidate” any person introduced by the Employment Agency.
“Introduction” i) any discussion between a Candidate and Client regarding the potential Engagement, employment or use of the Candidate by the Client or a Third Party with or without the Employment Agency’s consent or knowledge. ii) any passing of information that identifies the Candidate to a Client or Third Party, following the Client’s instructions to the Employment Agency to search for a Candidate. iii) that such introductions renders the Client liable to standard full fees (Clause 6) to be paid with 14 days of the Employment Date.
“Interview” any discussion or act of communication between the Client and the Candidate whether by meeting, email, internet, fax, video-conference or telephone or otherwise.
“Remuneration” the total remuneration paid or agreed to be paid including base salary, guaranteed bonus, inducement payments, company car, and all other payments and taxable emoluments payable or receivable by the Candidate. Where the Client provides a car a notional amount of £4,000 will be added to the salary and charged by the Employment Agency accordingly.
“Engagement” the employment of the Candidate by the client in any capacity such as license, franchise, fixed term basis, fixed term contract, directly or through a limited company or as an independent contractor under contract services.
“Commence Date” the date of this contract.
“Employment Date” the date of the candidate’s first paid day of employment or services engaged.
“Fees” the fees set in Clause 6 and due to the Employment Agency for services engaged.
2. The Contract.
This contract means the Terms:
- are deemed to be accepted by the Client and constitute the contract between the Agency and the Client by virtue of an Introduction or Engagement of a Candidate following the Introduction by the Employment Agency.
- include the Engagement of the Candidate by the Client for the same role or another, and after a temporary position less than six months.
- are without variation, modification or re-enactment with any agreed changes deemed valid only unless in writing, dated and given to the Employment Agency.
- are governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England and Wales.
- shall continue from the Commencement Date unless and until terminated in provision with the Clause 10.
3. The Client Agrees:
- To notify the Employment Agency immediately should it wish to employ, engage the Candidate. It shall provide details on the start date, duration, place of work, job title, salary and all other Remuneration details as set out in the these Terms, and in accordance with the fees in clause 6. In the event should it has not been organised through the Employment Agency, the Client shall notify the Employment Agency if the Candidate has accepted the role, either verbally or by signature.
- To pay the Employment Agency the fees as set out in clause 6.
- To enable the Employment Agency to comply with its obligation to the Client and provide details of the position the Client wishes to fill. This includes type of work the Candidate would be required to do; location, hours of work, experience, training and qualifications and any authorization which the Client considers necessary or which are required by law or any other professional body. The Client shall also notify The Employment Agency of any known health and safety risks.
- To comply with the Data Protection Act (1988) and undertake to keep all personal information, supplied by the Employment Agency, relating to the Candidate confidential. Such information is to be used only for qualifying a Candidates’ suitability for Engagement at the Client or any company owned by the Client. Candidate details are not to be passed on to third parties, including associated companies.
- To indemnify any costs, claims, damages and expenses that the Employment Agency incus as a result of negligence of 3(b) above.
- Shall satisfy itself of the suitability of the Candidate. It will be responsible for, taking all reasonably practical steps, obtaining and verifying references; obtaining work permits; medical examinations and/or medical history satisfying any requirements by law for the position.
- To notify the Employment Agency if it reasonably thinks the references or any other points in 3(d) above are unsatisfactory. The Client may terminate the offer or engagement by informing either the Candidate or Employment Agency within the same working business day.
- Will not without the Agency’s consent contact the candidate directly after an introduction has been made – either through email, LinkedIn, social media, phone or in person – once the identity or availability has become known and should a placement within 12 months as a result of direct contact a full agency fee without reduction will apply.
- Will not without the Agency’s consent seek to obtain candidate contact details during an interview, meeting or other form of communication set up by the Agency. In such instances a fee of £500 will apply and a full placement fee and in accordance with clause 3 (h).
4. The Employment Agency Agrees:
- To comprehensively interview the candidate either face-to-face, over the phone or internet before introducing them to the Client.
- To use reasonable endeavours to introduce one or more suitable Candidates for the job specification provided in reference to clause 3(c), which may also lead to general Introductions deemed valid in Terms stated. The Employment Agency does not guarantee to find a suitable candidate for each vacancy.
- Within reason the Employment Agency will always attempt to provide the details of the Agency worker responsible for the Introduction.
- To only submit CV’s with the Candidate’s prior consent which may include a full, partial or confidential briefing about the job requirements and client details.
- Recruitment consultancies are required to comply with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
- The Employment Agency shall not be liable in contract, tort or otherwise for any loss, expense, delay or damage suffered by the Client arising from or in any way connected with the Introduction or Engagement of an applicant or from the failure of the Employment Agency to introduce a Candidate.
- Notwithstanding clause 5(a) above, nothing in these terms shall operate to limit the Employment Agency’s liability to the Client for personal injury or death.
- The fee payable to the Employment Agency by the Client for the “Introduction” of a Candidate are a percentage of the first 12 months “Remuneration” and are as follows:
|£70, 000 and above||25%|
- All fees quoted are exclusive of VAT charged at the prevailing rate.
- All charges are subject to a minimum of £3,500. Where the Candidate is engaged on a fixed-term basis for a period of less than a year, the fees shall be calculated on a pro-rata basis subject to a minimum fee of £4,000. If the Engagement is extended beyond its initial fixed-term or the Client re-engages the Candidate within 6 months from the date of termination from 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 or the first anniversary of its commencement, whichever is sooner.
- If the Client subsequently engages or re-engages the Candidate within the period of six months from the date of termination of the Engagement or twelve months after the withdrawal of the offer, a, a full fee is calculated in accordance with clause 6 and is paid within 5 days.
- No variation or alteration to the fees shall be valid after the introduction of a candidate.
- All invoices are to be paid in full within 20 working days of the date of the invoice.
- All invoices are deemed accepted, in full, by the client in accordance with the payment terms in clause 6(d) above, unless the Client notifies the Employment Agency within seven days of the date of the invoice.
- In the event there is a dispute the Client is obliged to pay the undisputed amount in accordance with the payment terms in clause 6(d), above, and shall endeavour to settle any outstanding amounts within fair and reasonable time.
- In the event an invoice is not paid, the Employment Agency reserves the right to suspend employment and charge the Client at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
- No fee is incurred by the Client until the Candidate has commenced employment. Invoices will be dated the first day of work; Employment Date.
- Unless stated otherwise, all fees are to be paid in pounds sterling.
In the event of the a termination of a Candidate Engagement either resigning or being released for any reason other than redundancy or re-organisation, the following Scale of Refund applies.
Refund (% percentage of fee)
|Up to 2 weeks||100% less £500 administration fee|
|12 weeks or more||0%|
7.1 To qualify for refund’s:
- the Client complies with the payment terms in Clause 9 (f) of the Terms.
- the Client notifies the Employment Agency of the termination within seven days being given or to the end of the Engagement, whichever is earlier.
- If, after an offer of Engagement has been made and withdrawn for any reason by the Client, an administration fee of £500 applies to be paid to the Employment Agency by the Client.
- The candidate did not terminate the Engagement due to racism, harassment or other unlawful acts, or misrepresentation of the job description.
7.2 The Scale of Refund does not apply to Candidates Engaged on a contract-to-permanent basis.
7.3 In the event the Client re-engages the Candidate either directly or indirectly, any refund received shall be paid in full to the Employment Agency with seven days re-invoice date.
By way of these Terms the Client agrees not to attempt, either directly or indirectly, solicit, interfere, procure or entice away, either alone or jointly with another firm, company or third party, an employee of the Employment Agency, for a period of twelve months of the Commencement Date.
- All notices in accordance with these terms are required to be in writing and may be delivered personally, by facsimile, email or prepaid first-class post to the registered offices of the Employment Agency.
- Any such notices are deemed served if delivered by hand, within 48 hours first-class post, and if by email or facsimile, when the email or facsimile has been sent.
- The Client or Employment Agency may terminate the contract at any given time without prior notice and without liability (except in the case of termination by the Client while liable for any charges under Clause 6).
- Termination can be given with immediate effect in the event that either the Employment Agency or Client become bankrupt (being an individual or firm), insolvent (Insolvency Act 1976), becomes subject to administration or liquidation, or where the Employment Agency has reasonable grounds to believe the Fees will not be paid in accordance with Clause 6 of these Terms.