Terms And Conditions
Terms and Conditions of Business for FRONTrunner Recruitment Ltd.
1.1. In these Terms the following definitions apply:
“Candidate” means the person Introduced by FRONTrunner Recruitment to the Client for an Engagement including any officer, employee or other representative of the Candidate if the Candidate is a corporate body, and members of FRONTrunner Recruitment’s own staff;
“Client” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is introduced;
“Cancellation Fee” means the fee payable by the Client to FRONTrunner Recruitment when the Client withdraws an offer of Engagement made to the Candidate before the Candidate has accepted the offer and which is calculated in accordance with clause 3.11;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended) or the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (as amended);
“Engagement” means the engagement, employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced 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; or any other engagement; or through a limited company of which the Candidate is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“Introduction” means (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to FRONTrunner Recruitment to search for a Candidate; and “Introduces” and “Introduced” shall be construed accordingly;
“Introduction Fee” means the fee payable by the Client to FRONTrunner Recruitment for an Introduction resulting in an Engagement calculated in accordance with clause 3.3;
“FRONTrunner Recruitment” FRONTrunner Recruitment Ltd. (registered company no. 07702609) of 5 Hillcote Close, Fulwood, Sheffield, South Yorkshire, S10 3PT;
“Remuneration” includes gross base Remuneration or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and 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 or any third party;
1.2. Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These terms of business (“the Terms”) constitute the contract between FRONTrunner Recruitment and the Client for the supply of permanent or contract staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of its request for an interview or information in relation to a Candidate Introduced by FRONTrunner Recruitment or an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate 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 FRONTrunner Recruitment, these Terms prevail over any other terms of business or purchase conditions (or similar) 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 a Director of FRONTrunner Recruitment and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
2.4. FRONTrunner Recruitment acts as an employment agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.
2.5. For the avoidance of doubt these Terms shall only apply to the Introduction of Candidates by FRONTrunner Recruitment.
3. NOTIFICATION AND FEES
3.1. The Client agrees to:
3.1.1. notify FRONTrunner Recruitment immediately of the terms of any offer of an Engagement which it makes to the Candidate;
3.1.2. notify FRONTrunner Recruitment immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to FRONTrunner Recruitment of the Remuneration agreed with the Candidate together with any documentary evidence as requested by FRONTrunner Recruitment; and
3.1.3. pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, by the due date for payment in clause 3.8.
3.2. The Introduction Fee calculated in accordance with clause 3.3 below is payable if the Client Engages the Candidate within the period of 6 calendar months from the date of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement, (whichever is the later).
3.3. The Introduction Fee is calculated as a percentage of the annual Remuneration applicable during the first 12 months of the Engagement according to the following scale:
|Remuneration (£)||% Introduction Fee|
|Up to and including £19,999||15%|
|£20,000 – £24,999 inclusive||17.5%|
|£25,000 – £29,999 inclusive||20%|
|£30,000 and above||22.5%|
The minimum Introduction Fee payable under these Terms is £2,500.
3.4 Where the actual Remuneration is not known, FRONTrunner Recruitment will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to FRONTrunner Recruitment by the Client and/or comparable positions in the market generally.
3.5 If the Client wishes to appeal against FRONTrunner Recruitment’s invoice it must do so in writing within 7 days from the date of the invoice. After this period the Client shall have no right of appeal.
3.6. If FRONTrunner Recruitment incurs any costs in recovering any overdue payment from the Client (including the full costs of legal representation and proceedings, judicial or otherwise) the Client shall reimburse those costs in full.
3.7. FRONTrunner Recruitment shall have the right to set off any sums that FRONTrunner Recruitment may from time to time owe to the Client against any sums owed by the Client under these Terms.
3.8. The Introduction Fee shall be payable within 7 days of the date of FRONTrunner Recruitment’s invoice which shall be rendered once the Candidate commences the Engagement. FRONTrunner Recruitment may offer in advance in writing a discounted Introduction Fee based upon early payment of invoice. If such offer is made and payment falls outside the advance shorter payment period the full standard rate fee applies
3.9. VAT is charged at the standard rate on all fees.
3.10. FRONTrunner Recruitment reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date 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.
3.11. If, after an offer of Engagement has been made to the Candidate, the Client decides for any reason to withdraw it prior to the Candidate accepting the Engagement, the Client shall be liable to pay FRONTrunner Recruitment a Cancellation Fee of 10% of the Introduction Fee amount.
3.12. In the event that any FRONTrunner Recruitment’s staff with whom the Client has had personal dealings accepts an Engagement with the Client while employed by FRONTrunner Recruitment or within 3 months of leaving FRONTrunner Recruitment, the Client shall be liable to pay an Introduction Fee to FRONTrunner Recruitment calculated in accordance with clause 3.3.
4.1. If, after the Engagement commences the Engagement is terminated by either the Candidate or the Client (except in circumstances where the Candidate is made redundant, the client liquidates, files for bankruptcy, amalgamation of said client, or the Candidate resigns or is dismissed due to the nature of the significantly altering) before the expiry of 6 weeks from the date of commencement of the Engagement then subject to the terms of clause 4.2 the following rebates shall apply:
Period of Engagement Percentage of Rebate
Up to 2 weeks 100% less £250
Up to 3 weeks 60%
Up to 4 weeks 40%
Up to 5 weeks 20%
Up to 6 weeks 10%
For the avoidance of doubt, no rebates will be due after the 6th week of Engagement unless specifically agreed before the Engagement, with a director of FRONTrunner Recruitment.
4.2. In order to qualify for the rebate set out in clause 4.1, the Client must:
4.2.1. be and have been in full compliance with the provisions of clause 3.1; and
4.2.2. notify FRONTrunner Recruitment in writing of the termination of the Engagement or the non-commencement of the Engagement within 7 days of its termination or non-commencement.
4.3. For the purposes of this clause 4 the date of termination of the Engagement shall be the date on which the Candidate ceases working for the Client, or where this is earlier than the end of the Candidate’s notice period the date their notice period would have ended but for any period of garden leave or payment in lieu of notice, whichever is the later.
4.4. If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of 6 calendar months from the date of termination then the rebate shall be repaid to FRONTrunner Recruitment. The Client shall not be entitled to any further rebates in relation to the re-Engagement of this Candidate.
5. INTRODUCTIONS TO THIRD PARTIES
Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within 6 months of FRONTrunner Recruitment’s Introduction of the Candidate to the Client, then the Client will be liable to FRONTrunner Recruitment for payment of an Introduction Fee in accordance with clause 3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.
6. SUITABILITY CHECKS
6.1. FRONTrunner Recruitment endeavours to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to:
6.1.1. ensure that it would not be detrimental to the interests of either the Client or the Candidate;
6.1.2. ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body; and
6.1.3. confirm that the Candidate is willing to work in the position and
6.1.4. obtain confirmation of the Candidate’s identity; and that the Candidate has the experience, training, qualifications and any authorization which the Client considers necessary for the position.
6.2 Notwithstanding clause 6.1 the Client shall be obliged to satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:
6.2.1. taking up any references provided by the Candidate before Engaging the Candidate;
6.2.2. checking the Candidate’s right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work;
6.2.3. the arrangement of medical examinations and/or investigations into the medical history of any Candidate; and
6.2.4. satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.
6.3. To enable FRONTrunner Recruitment to comply with its obligations under 6.1 above the Client undertakes to provide to FRONTrunner Recruitment details of the position which the Client seeks to fill, including the following:
6.3.1. the type of work that the Candidate would be required to do;
6.3.2. the location and hours of work;
6.3.3. the experience, training, qualifications and any authorization which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position;
6.3.4. any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
6.3.5. the date the Client requires the Candidate to commence the Engagement;
6.3.6. the duration or likely duration of the Engagement;
6.3.7. the minimum rate of Remuneration, expenses and any other benefits that would be offered;
6.3.8. the intervals of payment of Remuneration; and
6.3.9. the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
7. CONFIDENTIALITY AND DATA PROTECTION
All information relating to a Candidate is confidential and subject to the
Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition information relating to FRONTrunner Recruitment’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
8.1 Save to the extent that the Client suffers loss, expense or damage or delay as a direct result of FRONTrunner Recruitment’s failure to fulfil its obligations under these Terms FRONTrunner Recruitment shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential including loss of profit) which may be suffered or incurred by the Client arising from or in any way connected with
8.1.1. FRONTrunner Recruitment seeking a Candidate for the Client; or
8.1.2. the Introduction to or Engagement of any Candidate by the Client; or
8.1.3. from the failure of FRONTrunner Recruitment to introduce any Candidate.
8.2 For the avoidance of doubt, FRONTrunner Recruitment does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
8.3 Subject to clause 8.2, FRONTrunner Recruitment’s total liability for all loss, liability, expenses, damages or claims to the Client (for all causes including but not limited to contract, tort, indemnity, strict or statutory authority or otherwise) shall, per event, not exceed the amount equivalent to 125% of the net Introduction Fee paid or payable by the Client to FRONTrunner Recruitment in respect of the Candidate to whom the claim relates and FRONTrunner Recruitment’s total aggregate liability to the Client shall not exceed £50,000 per calendar year.
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission (when sent)
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
11.1 These Terms shall not be assigned or transferred by the Client except with the prior written consent of FRONTrunner Recruitment.
11.2 FRONTrunner Recruitment shall be entitled (without the consent of Client) to transfer these Terms and/or assign its obligations, rights and benefits in these Terms to a third party.
12. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
IF YOU HAVE QUERIES REGARDING THESE TERMS PLEASE CONTACT US TO CLARIFY BEFORE CONDUCTING INTERVIEWS.