TERMS AND CONDITIONS FOR THE PROVISION OF PERMANENT STAFF

Terms and Conditions for the Introduction of Permanent Staff 

1. These Terms and Conditions of Business (“Terms”) are between Connecting Education, or any of its associate or subsidiary companies, acting as an Employment Agency (within the meaning of the Conduct of Employment Agencies and Employment Business Regulations 2003) and any individual partnership or company (hereafter called the Company), to provide the recruitment services as more explicitly defined below.

2. Company will place an order with Connecting Education describing the type of work and specific duties to be performed, skills required, and any other requirements to be fulfilled by the candidate. Connecting Education shall recruit qualified candidates using its selection processes; screen candidates in accordance with agreed requirements; assess each candidate and verify his/her interest in the opportunity; and shortlist suitable candidates and effect an introduction of the candidate to the Company. Upon successful selection and once the employment agreement has been signed by the candidate, Company shall pay an Introduction Fee as defined in Sections 3 and 4 below. The Company shall immediately advise Connecting Education if the Company or a company associated with the Company engages a or agrees to make use of or use the services of a candidate introduced by Connecting Education in the position offered or in any other position.

3. These Terms and Conditions applies to all referrals requested by Company, until the agreement is replaced or amended. On placing an order with Connecting Education, the Company is accepting these Terms and Conditions of Business as the contract between the Parties. These Terms and Conditions of Business are the entire agreement between the parties and may not be varied except by the express written permission of both Parties.

 

4. Company shall pay to Connecting Education the Introduction Fee. The Introduction Fee shall be based on the actual annual full time equivalent base salary (“ABS”) for the position for which Connecting Education has been asked to find suitable candidates. 

The Company agrees to:

  • Notify Connecting Education immediately of the terms of any offer of an engagement which it makes to the candidate.

  • Notify Connecting Education immediately that its offer of an engagement to the candidate has been accepted and to provide details to Connecting Education of the remuneration agreed with the candidate together with any documentary evidence as requested by Connecting Education.

  • Pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 4, by the due date(s) for payment detailed below.

The Introduction Fee shall be payable within 14 days of the date of Connecting Education’s invoice which shall be rendered once the candidate has signed their contract.

The Introduction Fee is the amount equal to 20% of the remuneration applicable during the first 12 months of the Engagement.

All fees are subject to VAT.

If, after an offer of engagement has been made to the candidate, the Company decides for any reason to withdraw it prior to the candidate accepting the engagement, the company shall be liable to pay Connecting Education a Cancellation Fee of 30% of the Introduction fee, where the annual remuneration is £19,999 or less and 50% of the remuneration where the annual remuneration is £20,000 or more.

5. Company will pay the Introduction Fee for each candidate that Company or its affiliate employs or obtains the candidates services in any capacity within twelve (12) months, after Connecting Education refers the candidate to Company. “Employ in any capacity” includes, without limitation: employing the candidate directly; purchasing the candidate's services as a temporary, pay-rolled, or leased employee of an organisation other than Connecting Education; obtaining the candidate's services through any independent contractor, agency, facility staffing, or consulting relationship; or arranging, suggesting, endorsing, facilitating, or acquiescing in the candidate's engagement or recruitment by another organization with legal or operational ties to Company.

 

6. Connecting Education shall invoice Company once the candidate has signed their contract. The fee shall be due within 14 days of receipt of the invoice. The Fee is subject to Value Added Tax at the standard rate. If the Company is late in making payment or does not make full payment to Connecting Education when due, Connecting Education reserves the right to charge interest on the outstanding amount from the date payment is due until payment is received by Connecting Education. Interest shall be charged at the prevailing statutory interest rate under the Late Payment of Commercial Debt (Interest) Act 1998 and any orders made under it and the Late Payment of Commercial Debt Regulations 2002 which interest shall accrue on a daily basis from the date payment becomes overdue until the Company has made payment of the overdue amount.

 

7. All information (written or verbal) regarding candidates must be treated as confidential and must not be disclosed to any third party. If a candidate introduced by Connecting Education subsequently is engaged in any manner, including but not limited to full time, temporary, contract or otherwise, as a result of any such disclosure to a third party, then the introduction fee as detailed above will become payable by Company as though Company themselves had engaged the candidate.

 

8. These Terms and Conditions will continue in force unless one party gives the other party at least three (3) months written notice of termination. Connecting Education reserves the right, however, to terminate this Agreement immediately in the event of non-payment for services. In the event of such termination, and to the extent all of the fees outlined in paragraph 4 have not been paid, Company will pay to Connecting Education the remaining fees.

 

9. The Company shall provide Connecting Education with all information regarding details of the prospective engagement, duration of work, likely Earnings and other benefits, length of notice to be given to terminate the engagement, any risk to health and safety, required training, experience and qualifications (and any other requirements of the Applicant) and any other information required to be provided by the Company to Connecting Education either by statute, common law or otherwise. Furthermore, the Company undertakes that it knows of no information or reason why it would not be in the interest of a candidate to fill an engagement.

 

10. Notwithstanding the fact that Connecting Education shall supply the Company with information regarding candidate, the Company is under an obligation to satisfy itself as to the identity and suitability of the Applicant and the fact that it has adequate experience, training, qualifications and legal standing. The Company shall take up and examine to their satisfaction any references provided before engaging such Applicant. The Company is also responsible for obtaining all work permits and/or such other necessary permission to work, for arranging medical examinations or for investigating medical records and satisfying any other relevant requirements, qualifications or necessary legal permissions.

 

11. Should the selected candidate voluntarily leave its engagement with the Company, or the Company decides to terminate the candidate’s employment, before the completion of 8 weeks of engagement, Connecting Education shall reasonably endeavour to provide a suitable replacement at no additional cost under its replacement guarantee.

In the event that the Company does not require Connecting Education to locate a replacement, or the Company finds all of Connecting Education’s replacement candidates unacceptable, Connecting Education shall provide a rebate to the Company which is calculated as a percentage of the original Introduction Fee and will be applied as follows:

  • Non-commencement: 100% of the fee

  • 0-2 weeks: 80% of the fee

  • 3-4 weeks: 60% of the fee

  • 5-6 weeks: 40% of the fee

  • 7-8 weeks: 20% of the fee

  • 9 weeks+: 0% of the fee

Eligibility for Replacement or Rebate:

A replacement or rebate is applicable if the following conditions are met:

  • The candidate voluntarily leaves the Company’s employment, or the Company terminates the candidate’s employment due to unsatisfactory performance, within 8 weeks of the candidate’s start date.

  • The Company has paid the recruitment fee in full and within the agreed payment terms.

  • The Company has notified Connecting Education in writing within 5 days of the candidate’s departure.

The replacement or rebate will not apply in the following circumstances:

  • The candidate’s employment is terminated due to redundancy, company restructuring, or any other reason not related to the candidate’s performance or suitability.

  • The Company has materially altered the candidate’s job role, responsibilities, or location without prior discussion with the candidate.

  • The candidate leaves due to an unsafe or hostile working environment or any breach of employment law by the Company.

A second replacement or rebate does not apply to a replacement candidate.

 

12. If following a termination of an engagement or the withdrawal of an offer of engagement (where either a refund is made or the Fee is not paid) and the Company subsequently engages or re-engages the candidate within a period of twelve (12) months from the date of such termination or withdrawal the full Fee in relation to that candidate (or the extent of any refund where applicable) shall become immediately due from the Company to Connecting Education.

 

13. These Terms shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Terms.

 

14. Save as expressly provided in these Terms; no part of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

 

15. Any notice given by either party to the other for the purposes of these terms and conditions shall be sufficiently given if delivered by hand or sent by first-class prepaid post, email or facsimile transmission to that party at (in the case of a company) its registered office for the time being or its business address.