Standard Recruitment Terms & Conditions
(Compliant: Conduct of Employment Agencies and Businesses Regulations 2003)
Definitions: The following Terms apply:
1.i "Candidate": the person Introduced by The List (Global) Ltd trading as The List - the Company - to a Client for an Engagement.
1.ii "Client": the person, firm or corporate body together with any subsidiary or associated company as defined in the Companies Act 1985, and any other organisation or individual acting in partnership with the Client, to which a Candidate is Introduced for direct employment. In accordance with the Conduct of Employment Agencies and Businesses Regulations 2003, a List "client" is deemed to be a "hirer" as defined in that regulation.
1.iii "Introduction or Introduced" (taking the same meaning): means (i) the provision of contact information which ultimately results in an Engagement (ii) a Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to The List to Search for a Candidate; or (iii) the passing of a CV or other form of Candidate synopsis to a Client. Should a prospective Candidate be “Introduced” to The List by a third party or by the Client once an assignment has commenced, they will be treated as List Candidates. An Introduction is binding for up to 24 calendar months from the date of the last communication with the Candidate either direct by a Client or by The List acting on behalf of a Client. Introduced Candidates are not to be approached without the prior express knowledge and agreement of The List.
1.iv "Engagement or Engaged or Employed " (taking the same meaning): means the employment or use of the Candidate by the Client or any third party on a permanent or temporary basis whether under contract of service or not or for any services under agency, licence, franchise or partnership agreement.
1.v "Agency or Agent" (taking the same meaning): a third party acting on behalf of a Client.
1.vi "Search": an assignment conducted without media advertising to identify prospective Candidates, the nature and scope of which is agreed with the Client beforehand.
1.vii "Selection": the use of media advertising to attract prospective Candidates, the nature and scope of which is agreed with the Client beforehand.
1.ix "Search & Selection": a combined assignment, the nature and scope of which is agreed with the Client beforehand in an Instruction to Proceed.
1.x. "Remuneration": meaning the "Gross Annual Remuneration Package" which includes salary and all guaranteed joining inducements, overseas premiums, travel allowances, living accommodation allowances and any other identifiable financial benefits and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client within the first 12 calendar months of the Engagement. All fees are expressed as a percentage of the first years Gross Annual Remuneration Package. (The provision of a fully expensed car is valued at £6,000. In the absence of other information: living accommodation provision and allowances which form part of an annual package are valued at £25,000; combined annual Health & Dental insurance cover is valued at £1,000)
1.xi "Variation": a written amendment to these Terms agreed and signed by The List and the Client.
1.xii "Instruction to Proceed": a written and agreed brief between The List and the Client for an assignment containing: a description of the said assignment; the sequence of deliverables, assignment fees and any Variation to these Terms. A signed Service Level Agreement or Heads of Agreement will negate the requirement for an Instruction to Proceed.
1.xiii "Offer of Employment": the Offer of an Employment or contractual Engagement made and accepted verbally and/or in writing or by electronic/digital means to a Candidate by an employer, Client or third party. The term "Job Offer" has and takes the same meaning.
1.xiv “Service Delivery”: Acceptance of an offer of employment or job offer, is taken as the point at which commercial Service Delivery has been achieved by The List; invariably at this point a Client becomes liable for a fee.
1.xv "In Play": the informal term used when a Candidate is being assessed or under consideration by The List for Introduction to a Client.
1.xvi Unless the context requires otherwise, references to the singular includes the plural.
1.xvii Unless otherwise stated The List, in providing recruitment services to Clients, is acting solely as an Employment Agency as defined in the Conduct of Employment Agencies and Businesses Regulations 2003
2.i These Terms constitute the contract between The List and the Client and (irrespective of signature or acknowledgement by the Client) are deemed to be accepted by the Client by virtue of an Introduction of, or the Engagement of, a Candidate or the passing of any information about a Candidate to any third party following an Introduction.
2.ii These Terms represent the agreement between the parties and unless otherwise varied in writing by a Director of The List, they shall prevail over any other Terms of Business or purchase conditions put forward by the Client.
2.iii No Variation or alteration to these Terms shall be valid unless the precise details of such Variation are agreed between The List and the Client and are set out in writing and a copy of the varied Terms given to the Client stating the date on or after which such varied Terms shall apply.
2.iv An electronic/digital acceptance of these Terms, any variation thereof and the Instruction to Proceed is deemed to be acceptable to both parties.
Basic Job Posting/Advertising and Mailshots:
3.i The basic job advert represents a contract for The List to display an advert for 30 days or a shorter period if the Client requests the advert to be withdrawn early. (Clients are requested to cancel a job advert immediately if a position is filled before the due expiry date of the advert.) The Client undertakes not to post fictitious or non-existent jobs or deliberately to misrepresent the facts associated with jobs on The List website. Such actions will render the perpetrator liable to the full forfeiture of all fees paid, the immediate withdrawal of all other posted vacancies and possible debarring from future use or, if applicable, membership of The List. List members are encouraged to report abuse of the job board to a List Director. Fees are charged in accordance with the prevailing (at the time) Advertising Rate Card or as varied by an Instruction to Proceed or Service Level Agreement. Fees are non-refundable once an advert has been posted.
3.ii The acceptance of an instruction to mailshot a vacancy to suitable Job Seeking List Members confers an immediate fee liability on the client in accordance with the prevailing Advertising Rate Card. The mailshot will also be placed as a featured job on The List website for 30 days and recorded as a live job on the job board; it follows that mailshots will not feature more than one vacancy. All responses will be automatically fed to the client for the client to manage. The List has no liability for the number of applicants though will endeavour to assist the client.
Managed Recruitment Solutions:
4.i For the Engagement of a List Candidate, the fee payable shall be a percentage of Remuneration as in the prevailing (at the time) Recruitment Services Rate Card or as varied by an Instruction to Proceed or Service Level Agreement.
4.ii Where recruitment of more than one discipline or category is commissioned at the same time and/or where more than one placement of the same discipline or category is expected to result from the same exercise, a negotiable fee abatement for such multiple assignments shall be reflected in a Variation to these Terms.
4.iii A fee, dependent on the nature of the assignment, shall be liable for each additional Engagement where a multiple assignment has not previously been agreed.
4.iv Unless otherwise varied, fees shall be charged in the following stages:
- Stage One - the initial trigger fee in accordance with the prevailing Rate Card per position, chargeable upon Instruction to Proceed.
- Stage Two - a long-list and/or short list fee in accordance with the prevailing Rate Card per position, chargeable upon presentation of an acceptable list of candidates to the client. (In this case "acceptable" is judged as the client's satisfaction with the list presented indicated by the clients intention to move to the next logical step in the process).
- Stage Three - a Final fee in accordance with the prevailing Rate Card, or varied in an Instruction to Proceed or Service Level Agreement, per position chargeable upon candidature acceptance of the Offer of Employment/Job Offer. Acceptance of the Offer of Employment/Job Offer verbally, in writing or by electronic/digital transmission by the Candidate - whichever occurs first - is deemed to be the point at which The List has fulfilled a Managed Recruitment Solution service to the Client.
4.v Recruitment advertising other than on The List website shall be charged in addition to fees, the cost of such advertising having been agreed by the Client prior to commissioning media. The costs associated with media advertising will be invoiced immediately upon commissioning. Exceptional expenses and other significant costs (e.g. travel across international borders and associated subsistence) accrued in fulfilling the assignment will be borne by the Client.
4.vi If, as a result of the introduction of Candidates by the Company to the Client, the Candidate(s) is/are Engaged or employed by the Client or by any organisation associated with the Client then a fee shall become payable in accordance with these Terms & Conditions.
5.i Where a Candidate, introduced to a Client on a contingent fee basis, accepts an Offer of Employment a contingent percentage fee shall be liable as per the prevailing Recruitment Service Rate Card or as agreed in an extant agreement with the Client. Where a second or any subsequent Candidates are offered Employment resulting from the same contingent assignment work, the same contingent percentage fee will be liable for each Candidate appointed. Where applicable paragraph 4.vi above applies.
6.i Where a Candidate is employed on a daily rate of pay for a contracted period, a % fee of the daily rate will be charged immediately as a win bonus calculated on 20 days engagement. Additionally, the same % fee of the daily rate will be charged monthly, calculated on the number of days worked, invoiced monthly in arrears. Should that candidate be subsequently engaged on a permanent contract an arithmetical reconciliation between fees paid and fees due will be mutually agreed.
Alternate Fee Structure for Recruitment and Other Consultancy Work:
7.i As an alternative to a percentage based fee approach, and where a percentage base is inappropriate, The List is able to offer a fee structure quoted on a time plus expenses basis for work carried out by various levels of staff, defined as Consultancy Days (plus expenses) as follows: Research Assistant - between £300-£500 per day; Consultant - £750 per day; Senior Consultant - £1000 per day; Director - £1500 per day. The number of days required for each level will be estimated and agreed between the Client and The List at the commencement of an assignment; staged invoices will be raised.
7.ii The rates in 7.i above will be applied when assessing the amount owing to The List when a Client revokes an agreement and is to be invoiced for work completed at the time of revocation. Alternatively, a percentage profit figure of 10% of the whole assignment value to The List would be subtracted to deduce the settlement fee when a revocation occurs in the final stages of an assignment.
8.i The List will not be liable for a Client’s commercial or financial loss, expense, damage or delay however caused during the conduct of an assignment with that Client. Neither shall The List be liable for any financial loss or damage however caused when a Candidate introduced by The List is attending an interview, working interview, attachment or assessment under the direction or auspices of a Client either on or off the Client's premises. Additionally, in this regard The List will have no vicarious responsibility or liability for any supplied candidate once the candidate has commenced either a permanent, part-time or contract engagement with a Client.
8.ii The onus is upon the Client to take up references, unless The List is specifically requested to do so and for which The List cannot accept responsibility for the authenticity, accuracy or reliability thereof.
8.iii If within 24 months of an introduction of a Candidate by the Company to an employer, Client or third party, a direct approach to a Candidate is made without the express and prior approval of The List the party that makes that approach will immediately become liable to a fee of £5,000. Should that Candidate be subsequently Engaged an additional fee will become payable in accordance with 5.i above or as previously agreed with a Client or in an Instruction to Proceed.
8.iv The List will not undertake any form of security, Criminal Records Bureau, educational, work permit, visa, trade/professional qualifications or any other personal or legally required background checks into a Candidate; responsibility rests solely with the Client.
8.v If, as a result of the introduction of a Candidate by the Company to an employer, Client or third party, the Candidate is Engaged or employed by any organisation associated with that employer, Client or third party outwith a Company Managed Recruitment Assignment then a fee shall become payable in accordance with 5.i above.
8.vi Where arrangements are made for an introduced Candidate to work for a Client on a part-time, temporary or contract basis a suitable fee shall be agreed separately. Where such a Candidate is subsequently offered an extension to the original contract or offered permanent employment an additional fee shall become payable in accordance with these Terms & Conditions.
8.vii Invoices will be rendered to the Client in accordance with: 3.i, 3.ii, 4.i, 4.ii, 4.iii, 4.iv, 4.v, 4.vi, 5.i, 6.i, 7.i and 7.ii above; when a Candidate accepts the Offer of Employment; any variation to these Terms or as prescribed in an Instruction to Proceed (or Service Level Agreement). Fees will be payable with 14 days of presentation unless otherwise stipulated. The List (Global) Ltd reserves the right to charge interest and a compensation entitlement in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, further amended by the Late Payment of Commercial Debts Regulations 2013; this is currently legally set and levied at 8% plus the Bank of England base rate for business to business transactions. Recovery costs will be applied for unpaid invoices and bad debts.
8.viii Except as varied in an Instruction to Proceed, should: an engaged Candidate fail to report/start on the due date, the employment of a Candidate be terminated, or a Candidate resign, before the expiration of 1 month (extendable to 3 months depending on the circumstances pertaining), from commencement date, every endeavour will be made to replace the Candidate at no extra cost providing: all fees owed to The List have been paid in accordance with these Terms; that the Company be informed in writing within five working days of the Candidate's departure (with details of the exact nature of their leaving); the Company are given the sole responsibility and opportunity of re-recruiting the position; the termination is not due to redundancy or substantive changes to the Candidate's conditions or terms of employment or engagement. The Client shall be potentially liable for additional advertising costs and expenses.
8.ix Should an Instruction to Proceed be cancelled, revoked or annulled by a Client once all List work has been completed, the Client will be liable for all fees covered in the Instruction to Proceed including any additional fees due under 4.iii above unless there are exceptional and extenuating circumstances.
8.x In the event that The List, having been paid a fee for work in accordance with 8.vii above, fails to provide suitable candidates or be unable to replace a Candidate in accordance with 8.viii above, The List shall be liable to repay that fee to a Client.
9. For the purposes of these Terms and Conditions a "Force Majeure Event" means any circumstances beyond the reasonable control of The List, without limitation: any strike, lock-out or other form of industrial action; lack, interruption or failure of any utility service, or lack of available facilities; the deliberate, targeted and complete interruption, total disruption or destruction of business resulting from cyber-attack; non-performance by suppliers or subcontractors; collapse of buildings, fire, explosion, accident, acts of God, storm, flood, drought, earthquake, epidemic, pandemic or other natural physical disaster; terrorist attack; civil commotion or riots; war, civil war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority (including without limitation imposing an export or import restriction, quota or prohibition or failing to grant a necessary license or consent).
10. If any Force Majeure Event occurs in relation to The List which affects or may affect the performance of The List’s obligations under these Terms, it shall forthwith notify the effected other party or parties as to the nature and extent of the circumstances in question and use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations
11. Provided that it has complied with paragraphs 9 and 10 above, The List shall not be deemed to be in breach of these Terms or shall otherwise be liable to other by reason of any delay in performance or the non-performance of any of its obligations which may be prevented, hindered or delayed by a Force Majeure Event of which it has notified the effected party or parties.