HCRSR LTD - Terms of Business

Effective 1st November 2022

• These Terms and Conditions are between HCRSR LTD (hereinafter called the COMPANY) and the Employer (the Client) and are deemed to be accepted by the Client by virtue of an interview or the engagement (which term includes employment or use, whether under a contract of service or for services, or under an agency, licensee, franchise or partnership agreement) of an applicant introduced by the Company.

     The client agrees to:

1. Notify the Agency immediately of the terms of any offer of an Engagement which it makes to the Candidate.
2. Notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency.
3. Pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, by the due date specified.

• The Introduction Fee calculated is payable if the Client Engages the Candidate within the period of 12 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).

• The fee is payable to the Company by the Client for the introduction of a candidate and is calculated as a percentage of the applicants’ annualised remuneration or a flat fee. The fee will be calculated as follows: 15% - 25% of the applicant's annual basic salary. 

• In the event of an applicant leaving the Client’s employment within 12 weeks of commencement (other than through redundancy), the Company will endeavour to find a replacement free of charge, provided that the Company is notified by the Client in writing within seven days of termination of employment and provided that the Client has paid the Company’s fee within 30 days of the date of invoice.

• Should the agency be unable to find a suitable replacement within 8 weeks of being notified of the applicant leaving the Client’s employment, the Client will be entitled to a refund of the fee as follows: If the applicant leaves in weeks 1-2, 100% refund; weeks 3-5, 75% refund; weeks 6-9, 50% refund and weeks 9-12, 30% refund  (subject to the terms being adhered to in paragraph 5).

• Should the client or any subsidiary or associate of the Client re-engage the applicant within 12 calendar months from the date of termination, a full fee in accordance with paragraph 3 becomes payable (with no entitlement to a refund).

• Introductions are confidential. Any information passed to a third party which results in the engagement of an applicant, or the use of an applicant, whether temporary or permanent, renders the Client liable to payment of the Company’s fee as set out in Paragraph 3. An introduction fee will be charged in relation to any applicant engaged as a consequence of, or resulting from, an introduction by or through the Company, even though the introduction may be made indirectly, for a period of up to 12 calendar months.

• The fee is payable on receipt of the invoice on the candidate’s start date and within 30 days of receiving the guarantee, as detailed in paragraph 5.

• The Company endeavours to ensure the suitability of any applicant introduced to the Client. The Client must satisfy himself as to the suitability of any applicant and shall take up any references provided by any applicant and/or the Company before engaging such applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations/investigations into the medical history of any applicant and satisfy any medical and other requirements or qualifications by law.

• The Company 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 Company seeking an applicant for the Client or the introduction by the Company to the Client of any applicant or the engagement of any applicant by the Client.

• Should payment not be made in accordance with the Terms and Conditions, then we reserve the right to charge our full fee of 15%-25% of the annual salary. 

• These terms constitute the Terms and Conditions of Business between the Company and the Client, and no variation can be made to these terms without the written consent of a Director of the Company. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales, Scotland and Northern Ireland.