Terms of Use

TERMS & CONDITIONS OF BUSINESS

Definitions

In these Terms and Conditions the following definitions apply:

The “Company”: means RECRUITMENT BEE (SCOTLAND) Limited with its registered office at 76 Pilmuir Road, Forres, Moray, IV36 1JF

The “Client”: means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Applicant is introduced.

The “Applicant”: means the person introduced by the Company to the Client for an Engagement.

The “Engagement”: means the engagement, employment or use of the Applicant 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.

“Remuneration”: means the annual basic salary payable or receivable by the Applicant pursuant to the Engagement.

“Service Guarantee”: means the amount which may be refunded to the Client in the event that the Applicant does not complete 12 weeks of service.

“Introduction”: means the Client’s interview of an Applicant in person or by telephone; or the passing to the Client of a curriculum vitae or other information which identifies the Applicant and which leads to an Engagement of that Applicant by the Client.

“Services”: means all actions relating to the recruitment process leading to an engagement. These include, neither uniquely or exhaustively, the passing to the Client of an Applicant’s CV, arranging interviews, collecting references, negotiating remuneration and passing Client information to the Applicant.

Unless the context requires otherwise, references to the singular include the plural, references to the masculine include the feminine and vice versa. The headings contained in these Terms are for convenience only, and do not affect their interpretation.

The Contract

1. These Terms & Conditions are deemed to have been received and accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant.

2. Unless otherwise agreed in writing by the Company, these Terms & Conditions supersede any other Terms & Conditions or purchase conditions put forward either by the Client or the Company.

3. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by the company.

4. Unless otherwise specified under the section “Placement Details”, upon their acceptance these Terms & Conditions remain binding on the Client irrespective of the date of said acceptance.

5. Should the Client use the Services of the Company and should there subsequently be an Engagement, the Client shall be deemed to have accepted the Company’s Introduction of the Applicant Engaged.

6. The Client accepts that the details of any Applicant sent to them by the Company are confidential and may not be passed on by the Client, either verbally or in writing, to any other party.

Notification & Fees

1. The Client shall notify the Company immediately both of any offer of any Engagement which it makes to the Applicant and if the Applicant accepts any offer of any Engagement made by the Client.

2. The Client shall pay the Company’s fee for the introduction of the Applicant within 14 days of the date of invoice by the Company. The fee payable by the Client is calculated in accordance with the accompanying scale of fees according to the remuneration payable to or receivable by the Applicant during the first twelve months of the Engagement, notwithstanding that the Engagement may be terminated during that period. All fees are subject to the addition of Value Added Tax (VAT).

3. The fee payable as set out in the Scale of Fees below by the Client to the Company is for the introduction of an Applicant for employment which results in the Engagement of the Applicant by the Client following the Introduction or within 6 months thereafter and in whatever capacity the Applicant is engaged by the Client.

4. The Company reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rates as prescribed under the Late Payment of Commercial Debts (Interest) Act 1998.

Suitability

The Company endeavours to ensure the suitability of the Applicant. The Company is willing to take up references at the Client’s written request but gives no guarantee as to the suitability of any employee for any employment by the Client. The Company shall not, under any circumstances, be liable for any act, omission, error or default of the Client or the Applicant. The Company recommends that the Client obtains suitable references prior to employing an Applicant. The Company also agrees that it shall check the Applicant’s eligibility to work in the UK in accordance with the provisions of the Asylum & Immigration Act 1996 before the Applicant is engaged.

Liability

The Company shall not, under any circumstances, be liable for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected to the introduction or Engagement of any Applicant, or from the Company’s failure to introduce an Applicant.

Dispute Resolution

Without prejudice to any other remedies which either party to the contract may have, if a dispute arises out of or in connection with this Agreement ("Dispute"), the Parties may follow the procedure set out in this clause:

1. Either party shall give to the other written notice of any dispute setting out its nature and full ("Dispute Notice") together with relevant supporting documents;
2. On service of the Dispute Notice, the parties in dispute shall attempt, in good faith, to resolve the Dispute;
3. If the parties are for any reason unable to resolve the Dispute within 10 Business Days of the Dispute Notice, the Dispute shall be referred to the managing director (or finance director in the case of a dispute of a financial nature) of the Company and the equivalent level of the Client who shall attempt in good faith to resolve it; and
4. If the managing director (or finance director as the case may be) of the Company and the Client equivalent are unable to resolve the dispute within 10 Business Days of it being referred to them or in any case if there is no prospect of a reasonable resolution being agreed, the Dispute may be determined in accordance with this contract.

Law

These Terms & Conditions are governed by the laws of Scotland and are subject to the exclusive jurisdiction of the Courts of Scotland.

SCALE OF FEES

Fee Payable

For the introduction of the Applicant the fee payable to the Company by the Client is calculated on the annual salary payable by the Client to the Applicant, plus VAT.

In the event that the Engagement is for a fixed term of less than 12 months, the fee will be pro-rated. Extensions or further fixed term Engagements in a series will also be pro-rated either until the termination of the further Engagement or until the Company has invoiced the Client for a total amount equal to the Company’s fee payable on the annual salary of the Applicant. Also, if the Client should re-engage the Applicant within 3 months of the termination of any fixed term Engagement of less than 12 months, the Client shall be liable to pay a pro-rated fee based on the new period of Engagement.

Service Guarantee on Termination of Employment

In the event of an Applicant terminating, and/or the Client lawfully terminating an Engagement within 12 weeks of the date upon which such Applicant commenced work for the Client, the Company shall refund the Client in accordance with the table below, subject to the following conditions:

1. All monies due have been paid by the Client within the terms of payment agreed. Note: If payment is not received within the terms of payment, the Refund Guarantee shall not apply.
2. Such termination is not as a result of redundancy pregnancy, injury or ill-health.
3. The Engagement did not arise as a result of a Temporary Contract.
4. The Client serves notice on the Company in writing at its registered office within 7 days of the date of termination of the Engagement.
5. Where the Client or any subsidiary, associated or holding company engages the Applicant within 3 months from the date of the termination of the Engagement, the Client shall be liable to reimburse the Company for the full amount of the rebate together with interest at the rate of 3% per annum above the base rate from time to time of the Bank of England. Interest will be accrued from the date of re-engagement of the Applicant until the date on which the rebate is repaid by the Client to the Company.
6. No rebate shall be payable by the Company in the event of a failure by the Client to adhere to the conditions set under the Service Guarantee on Termination of Employment.