New Horizon Recruitment Terms and Conditions
Permanent Staff Terms and Conditions
The permanent introduction fee payable is calculated by
applying the relevant percentage to the total first year’s
remuneration. The relevant percentage is the rate which
corresponds with the remuneration band into which the
total first year’s remuneration falls (as set out in the
table below). The total first year’s remuneration means
all emoluments together with all benefits that form part
of the annual gross taxable pay (ie the gross
emoluments and benefits to be paid over 12 months
before applying any exemptions, allowances or
deductions for income tax purposes) to include, where a
car or car allowance is provided, the sum of £5,000 or
the car allowance, whichever is greater. Minimum
Introduction Fee: a minimum fee of £1,000 plus VAT is
chargeable. Where commission, bonus or similar
payments form the whole or major partof the
emoluments, the minimum introduction fee is £1,500
plus VAT.
Remuneration Band Permanent Introduction Fee
Up to £29,999: 20%
£30,000+: 25%
Fixed Term Contracts
Agreed Contract Duration Introduction Fee
• Up to 6 months - up to 50% of permanent introduction
fee ( on a pro rata basis)
• 6 months to 12 months - 50% - 100% of permanent
introduction fee (apportioned on a pro rata basis)
Agreed Contract Duration
If the Client agrees to engage a Candidate on a fixed
term contract, then the following fees shall apply:
For the purposes of calculating the permanent
introduction fee, the total first year’s remuneration is the
Candidate’s gross taxable pay (ie, the gross
emoluments and benefits before applying any
exemptions, allowances or deductions for income tax
purposes) for the period of the fixed term contract
extrapolated (on a directly proportional basis) to the
amount payable over a 12 month period. The Minimum
Introduction Fee will not apply.
If the contract duration is extended, or the Client
engages or makes use of the Candidate in any capacity
within 12 months of introduction the Client shall be
liable for the balance of the permanent introduction fee,
subject to the Minimum Introduction Fee.
Guarantee of Satisfaction
In the event of a Candidate leaving the Client’s
employment within 8 weeks of commencement for any
reason other than through redundancy, provided that
the Client informs New Horizon Recruitment Ltd
in writing of the fact within seven days of the
termination of employment and the introduction
fee has been paid in accordance with Clause 8,
New Horizon Recruitment Ltd offers the following:
• Period of Employment Rebate.
Up to 4 weeks 100% rebate of the introduction fee
or one free replacement 4-8 weeks 25% rebate of
the introduction fee or one free replacement.
If the Client re-engages the Candidate within
12 months of introduction:
• any rebate paid to the Client shall be repayable to
New Horizon Recruitment Ltd; or
• if the Client accepted a replacement, then the Client
shall be liable for a permanent introduction fee in
respect of the replacement.
This Guarantee of Satisfaction does not apply to fixed
term contract placements or fixed term to permanent
conversions.
Definitions and interpretation
1. “Candidate” means a person or limited company
introduced by New Horizon Recruitment Ltd to the
Client for the purpose of a permanent or fixed term
position with the Client.
“Client” means the hirer who has requested New
Horizon Recruitment Ltd to introduce a Candidate or
to whom New Horizon Recruitment Ltd has introduced
a Candidate. “In any capacity” includes without
limitation on a permanent, fixed term, temporary or
self employed basis, as applicable. “Introduce”
means the provision by New Horizon Recruitment Ltd
to the Client of any details, whether written or oral, of
a Candidate “Position” means a permanent or fixed
term vacancy within the Client’s organisation, as
appropriate. “New Horizon Recruitment Ltd” means
New Horizon Recruitment Ltd. “Regulations” means
the Conduct of Employment Agencies and
Employment Businesses Regulations 2003. “Terms
of Business” means these Employment Agency Terms
of Business, any documents agreed or issued
pursuant to the terms herein and any agreed
variations.
2. These Terms of Business take effect from 1st January
2005 and supersede any previous terms of business
issued by New Horizon Recruitment Ltd.
3. When introducing a Candidate for permanent or fixed
term employment. New Horizon Recruitment Ltd is
a acting as an employment agency as defined in
the Regulations.
4. By asking New Horizon Recruitment Ltd to introduce a
Candidate for any position, or by agreeing to engage
or make use of a Candidate in any capacity,the Client
is deemed to have accepted these Terms of Business
5. No variation of these Terms of Business is valid or
shall be binding on New Horizon Recruitment Ltd
unless confirmed in writing by the Client.
6. The Client shall notify New Horizon Recruitment Ltd
immediately on engaging or making use of a
Candidate in any capacity.
7. By agreeing to engage or make use of a Candidate in
any capacity, the Client will be liable for the
permanent introduction fee.
8. All fees and charges are payable within 14 days
from receipt of invoice and payment should be
made to New Horizon Recruitment Ltd, 18-20 Hill
Rise, Richmond, Surrey, TW10 6UA. Receipt of
invoice shall be deemed to be two days after the
date shown on the invoice.
9. VAT is payable at the prevailing rate.
10. New Horizon Recruitment Ltd reserves the right
to charge interest on all invoices raised from the
date of invoice until the date of payment calculated
at the rate of 2% per calendar month or part
thereof.
11. In respect of a position, the Client shall provide New
Horizon Recruitment Ltd with the following
information:
11.1 its full corporate name, address and registered
number or, where not applicable, its full business
and trading name and address, and the nature of its
business;
11.2 the nature of the position, including the type of
work involved, the location, the hours of work, the
commencement date and the likely duration;
11.3 any risks to health and safety known to the
Client and the steps taken by the Client to prevent or
control such risks;
11.4 the experience, training, qualifications and any
authorisations which are required by the Client
including any which the Client is aware are required
by law or any professional body in respect of
such position;
11.5 any expenses payable by or to the Candidate;
11.6 the minimum remuneration, the intervals of
payment and any other benefits in relation to the
position;
11.7 the lengths of notice which the Candidate
would be entitled to receive or berequired to give for
termination of employment;
11.8 if it intends to engage the Candidate otherwise
than as an employee on a contract of services; and
11.9 if the position involves working with vulnerable
persons, including without limitation, persons under
the age of 18, or persons in need of care or
attentions by reason of old age, infirmity or any other
circumstances
12. The Client is responsible for satisfying itself that a
Candidate is suitable for the position. It is also the
Client’s responsibility to obtain a work permit for thecandidate wherever necessary.
13. New Horizon Recruitment Ltd accepts no liability
whatsoever for any loss, damage, costs or expenses
howsoever caused which the Client may suffer or
incur arising out of or in connection with the
introduction to or the engagement by the Client of a
Candidate unless such loss, damage, costs or
expenses are a direct result of the negligent acts or
omissions of New Horizon Recruitment Ltd.
For the avoidance of doubt, nothing in this clause
shall be deemed to exclude any liability which
cannot by law be excluded, including without
limitation, liability for death or personal injury and
fraudulent misrepresentation.
14. If, after an offer of employment has been accepted
by a Candidate, the Client withdraws such offer, it
shall be liable for a cancellation fee of 50% of the
permanent introduction fee.
15. If the Client, without notifying New Horizon
Recruitment Ltd, engages a Candidate in any
capacity within one year of the Candidate being
introduced by New Horizon Recruitment Ltd, or if the
Client or the Client’s employee, agent or subcontractor
refers a Candidate to a third party and
that third party engages the Candidate in any
capacity, the Client will be liable for a permanent
introduction fee based on the total first year’s
remuneration quoted by the Client on the registration of the position, without entitlement to
rebate. If the total first year’s remuneration was
not quoted the introduction fee shall be £4000.
Interest at the rate of 2% per calendar month or
part thereof will be applied from the date of
appointment until payment of the invoice without
concession.
16. If, within 12 months of registration of a position, any
employees of New Horizon Recruitment Ltd or any of
its subsidiary companies with whom the Client has
dealt with during that 12 month period is engaged
by the Client in any capacity, these Terms of
Business will apply and the Client will be liable to
New Horizon Recruitment Ltd for an introduction fee
of £4000 without entitlement to rebate. Interest at
the rate of 2% per calendar month or part thereof
will be applied from the date of appointment until
payment of the invoice without concession.
17. By asking New Horizon Recruitment Ltd to carry out
an act on its behalf, the Client is authorising New
Horizon Recruitment Ltd to act on the Client’s behalf
for that purpose.
18. By asking New Horizon Recruitment Ltd to introduce
Candidates for a position, the Client is authorising New
Horizon Recruitment Ltd to advertise such position.
19. The Client confirms that it is not aware of anything
which will cause a detriment to the interests of the
Candidate or the Client by engaging a Candidate in a
position. The Client shall inform New Horizon
Recruitment Ltd immediately if it becomes aware of
any circumstances which would render such
engagement detrimental to the interests of the
Candidate or Client.
20. On request, New Horizon Recruitment Ltd will supply
to the Client copies of any relevant qualifications or
authorisations provided to New Horizon Recruitment
Ltd (except where New Horizon Recruitment Ltd is
not permitted to obtain, verify or disclose the same)
and copies of non-confidential references in New
Horizon Recruitment Ltd’s possession where;
20.1 a Candidate is required by law or a professional
body to have qualifications and/or authorisations for
the position; or
20.2 the position involves working with vulnerable
persons, including without limitation, persons under
the age of 18, or persons in need of care or attention
by reasons of old age, infirmity or any other
circumstances.
21. Where a Candidate is to be engaged by the Client in
any capacity other than as an employee, the Client
shall notify New Horizon Recruitment Ltd if, in order
to take up the position, the Candidate must occupy
accommodation other than the Candidate’s home
and, if so, the Client undertakes to arrange suitable
accommodation and travel to such accommodation.
If the Client has arranged free travel or payment of
fares for the journey to work of either a Candidate
who will not be an employee of the Client or a
Candidate under the age of 18, the Client undertakes
to include in such arrangement the cost of the return
journey, including after the work has finished and
where the work does not start.
22. The Client shall notify New Horizon Recruitment Ltd
if it is to lend money to the Candidate in order to
meet travel or other expenses, and:
22.1 shall provide New Horizon Recruitment Ltd with
the terms of such loan;
22.2 warrants that the repayment terms of such loan
will not require the Candidate to repay a greater sum
than the sum loaned.
23. No refund shall be due to the Client if it has not been
claimed within 4 years of the entitlement to the
same arising.
24.1 The Client agrees to indemnify New Horizon
Recruitment Ltd against any loss, claims,
damages, expenses and costs, including legal
costs, arising out of or in any way connected with
the introduction, engagement or use of a
candidate, the withdrawal by the Client of a
vacancy, or the Client's breach of these Terms and
Conditions.
24.2 If any provision or part thereof of these Terms of
Business is held to be illegal or unenforceable the
validity or enforceability of the remainder of the
relevant provision and the Terms of Business shall
not be affected.
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