Terms & Conditions

ASCOT RECRUITMENT CLIENT TERMS OF BUSINESS – PERMANENT TERMS

THE PARTIES

(1) ASCOT RECRUITMENT, situated at 167 – 169 Great Portland Street, London W1W 5PF (“the Agency”)

(2) You, referred to as the “Client” or potential Client, are defined as the individual, company, or entity, including any subsidiary or associated entity, to whom a Candidate is Introduced;

Pursuant to clause 2, upon the Client’s receipt of this document, consisting of this page and its subsequent pages, any action taken by the Client, such as accepting services from the Agency or utilizing information provided by the Agency regarding a Candidate, shall signify and constitute the Client’s acknowledgment and acceptance of these Terms and Conditions.

1. DEFINITIONS

In these Terms, the following definitions apply:

“Data Protection Laws” encompasses the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679), and any applicable statutory or regulatory provisions concerning the protection and transfer of personal data;

“Candidate” refers to the individual Introduced by the Agency to the Client for an Engagement, including any officer, employee, or other representative of the Candidate if the Candidate is a corporate entity

“Engagement” denotes the engagement, employment, or utilization of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client, on a permanent contract, whether under a contract of service or for services, through an agency, license, franchise, partnership agreement, or any other form of engagement, including engagement through a limited company in which the Candidate serves as an officer, employee, or representative. “Engage,” “Engages,” and “Engaged” are construed accordingly;

“Introduction” refers to (i) the provision to the Client of a curriculum vitae or information identifying 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 the Agency to seek a Candidate, leading to the Engagement of the Candidate. “Introduces” and “Introduced” are construed accordingly; “Introduction Fee” indicates the fee payable by the Client to the Agency for an Introduction resulting in an Engagement; “Losses” encompass all losses, liabilities, damages, costs, expenses, fines, penalties, or interest, whether direct, indirect, special, or consequential, including economic loss, loss of profits, business, or goodwill, management time, reasonable legal fees, and charges, arising from actions, proceedings, claims, and demands; “Remuneration” includes the annualized gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car, and all 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; “Requirement” signifies a request from the Client, in any form, for an Introduction or other service; “Vulnerable Person” refers to any individual who, by reason of age, infirmity, illness, disability, or any other circumstance, requires care or attention, including any individual under the age of eighteen. Unless the context indicates otherwise, references to the singular include the plural, and masculine terms include feminine terms and vice versa. The headings in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

These terms of business and the attached Schedule(s) (“the Terms”) constitute the contract between the Agency and the Client for the Introduction of permanent staff (to be engaged directly by the Client) and are deemed accepted by the Client through an Introduction or the Engagement of a Candidate, or by the Client providing information about a Candidate to any third party following an Introduction. These Terms constitute the entire agreement between the parties, prevailing over any other terms of business or purchase conditions put forth by the Client, unless otherwise agreed upon in writing by a director of the Agency. No variation or alteration to these Terms is valid unless agreed upon in writing by a director of the Agency and an authorized representative of the Client, and such variation is documented with a copy provided to the Client, stating the effective date of the revised terms. The Agency operates 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 the Client.

3. NOTIFICATION AND FEES

The Client agrees to: notify the Agency promptly of the terms of any offer of an Engagement made to the Candidate; immediately inform the Agency upon acceptance of its offer of an Engagement to the Candidate and provide details of the agreed Remuneration, along with any requested documentary evidence; pay the Introduction Fee by the due date specified, calculated in accordance with the provisions of this clause 3. The Introduction Fee, as calculated under clause 3, is payable if the Client Engages the Candidate within 12 calendar months from the later of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement, or (c) the Candidate’s rejection of an offer of Engagement. The Introduction Fee is due within 30 days of the Agency’s invoice, issued upon the Candidate commencing the Engagement. An offer is considered an Engagement unless rejected by the Candidate or withdrawn by the Client due to unsuitability, in which case Remuneration shall be calculated based on the projected offer sum. The Introduction Fee is waived if the Client confirms in writing within 3 working days of the Introduction that they had prior knowledge of the Candidate, providing documentary evidence thereof to the Agency. The Introduction Fee is determined based on the attached Fee Structure Schedule, reflecting Remuneration during the initial 12 months of the Engagement. In cases where the actual Remuneration is unknown, the Agency will determine the Introduction Fee based on market rate levels and information provided by the Client. If the Engagement is initially for a fixed term of less than 12 months and is later extended or the Candidate is re-Engaged within 12 calendar months from the end of the initial term, an additional Introduction Fee applies, capped to ensure it does not exceed the fee that would be due for a 12-month Engagement under clause 3. The Client’s obligations under this clause 3 are not subject to set-off, deductions, withholdings, or similar rights. VAT is applied at the standard rate to all fees. The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on unpaid invoiced amounts at a rate of 8% per annum above the base rate of the Bank of England. If any Agency staff, with whom the Client has had personal dealings, accepts an Engagement with the Client while employed by the Agency or within 3 months of leaving the Agency, the Client is liable to pay the Agency a fee equivalent to the Introduction Fee. The Client remains liable for an Introduction Fee despite any change in control, with the rights and liabilities under this clause 3 surviving such change and remaining in effect. If the Client requests the Agency to advertise on their behalf, the Client grants authorization for the Agency to advertise through any medium the Agency considers suitable for sourcing Candidates. The Agency does not guarantee the discovery of suitable Candidates or the suitability of any Candidate Introduced by the Agency for the Requirement.

4. REFUNDS

In cases where an offer has been extended and accepted, if the Engagement (a) fails to commence due to the Candidate withdrawing their acceptance, or (b) commences but is terminated by either the Candidate or the Client (except in cases of Candidate redundancy) within 12 weeks from the commencement date of the Engagement, then, subject to the conditions outlined in clause 4, the Agency will refund the Introduction Fee in accordance with the Scale of Refunds provided in the attached Schedule. To be eligible for the refund outlined in clause 4: the Client must adhere to the provisions of clause 3 and notify the Agency in writing of the termination or non-commencement of the Engagement within 7 days of such termination or non-commencement. For the purposes of clause 4, the termination date of the Engagement is considered the date on which the Candidate ceases working or would have ceased working for the Client, except in cases of garden leave or payment in lieu of notice, whichever is later. In circumstances covered by clause 3, the full Introduction Fee is payable, and no refund is applicable. If the Client re-Engages the Candidate within 12 calendar months from the termination date, following a refund, the refunded amount shall be repaid to the Agency. No further refunds are available to the Client regarding the re-Engagement of the Candidate.

5. INTRODUCTIONS TO THIRD PARTIES

Introductions of Candidates are confidential. Disclosing a Candidate’s details to a third party constitutes a “Third Party Introduction.” If such an introduction results in the Engagement of the Candidate by the third party within 12 months of the Agency’s Introduction to the Client, the Client is liable to pay the Agency an Introduction Fee calculated according to clause 3. Neither the Client nor the third party is entitled to a refund of the Introduction Fee under clause 4 in any circumstances.

6. SUITABILITY CHECKS

The Agency endeavors to ensure the suitability of Candidates Introduced to the Client for the intended position by taking reasonable steps to: ensure compatibility with the interests of both the Client and the Candidate; ensure awareness of any legal or professional requirements; confirm the Candidate’s willingness to work in the position; verify the Candidate’s identity, experience, training, qualifications, and any necessary authorizations. However, the Client remains responsible for assessing the suitability of the Candidate for the position they are seeking to fill. This includes: checking references provided by the Candidate before Engagement; verifying the Candidate’s right to work; arranging medical examinations or investigations; meeting any medical, qualification, or permission requirements for the Candidate’s work; conducting interviews to assess suitability. To facilitate the Agency’s compliance with its obligations, the Client undertakes to provide details of the position being filled, including: the nature of the work; work location and hours; required experience, training, qualifications, and authorizations; health or safety risks and risk management measures; start date of the Engagement; duration and terms of Remuneration; payment intervals; notice period. When the Candidate is Introduced for a position involving Vulnerable Persons, the Agency additionally takes steps to: verify the Candidate’s identity, experience, training, qualifications, and authorizations; provide two non-relative references, with their consent for disclosure to the Client, along with relevant qualifications or authorizations. If unable to fully obtain such information, the Agency informs the Client accordingly.

7. INFORMATION TO BE PROVIDED

Upon Introducing a Candidate to the Client, the Agency informs the Client of the matters outlined in clause 6 and, for positions involving Vulnerable Persons, those in clause 6. If not provided in writing or electronically, this information must be confirmed by such means within three business days, excluding weekends and holidays, unless the Candidate is Introduced for a role they have recently worked in, in which case the information may have already been provided.

8. CONFIDENTIALITY AND DATA PROTECTION

All Candidate information is confidential and subject to Data Protection Laws, provided solely for the purpose of work-finding services. This data must not be used or disclosed for other purposes. The Client agrees to comply with Data Protection Laws when receiving and processing such data. Additionally, confidential Agency business information must be kept confidential unless publicly available.

9. LIABILITY

The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) incurred by the Client arising from or in any way connected with the Agency’s search for a Candidate for the Client, the Introduction to, or Engagement of any Candidate by the Client, or the failure of the Agency to introduce any Candidate. For clarity, the Agency does not exclude liability for death or personal injury resulting from its own negligence or for any other loss which cannot be legally excluded.

10. NOTICES

All required notices must be in writing and delivered personally or by post to the registered office or other notified address. Notices are deemed served upon delivery, or 48 hours after posting by first class mail, or upon sending if transmitted electronically.

11. SEVERABILITY

If any provision of these Terms is deemed unenforceable, it shall be severed from the remaining terms, which remain valid to the fullest extent permitted by law.

12. GOVERNING LAW AND JURISDICTION

These Terms are governed by English law and subject to the exclusive jurisdiction of the English courts.

13. SCHEDULE: FEE STRUCTURE AND SCALE OF REFUND

FEE STRUCTURE:

For permanent placements, the fee is 18% (plus VAT) of the annual Remuneration.

SCALE OF REFUND

Up to 3 Weeks – 100%

Up to 8 Weeks – 50%

Up to 12 Weeks – 25%

*** No refund is applicable if termination occurs after 12 weeks of employment.