Terms & Conditions
All and any business undertaken by Candover Green is transacted subject to the conditions hereinafter set out each of which shall be incorporated or implied between Candover Green and its Clients.
- The Company is an employment agency as defined in the Employment Agencies Act 1973. For the avoidance of doubt, the Company has not been granted any authority to act for the Client for the purpose of entering into any contract on its behalf.
- These Terms and Conditions of Business are between Candover Green and the Employer/Client (hereinafter called the Client) and are deemed to be accepted by the Client by virtue of an interview, engagement or any form of contact with a Candidate howsoever introduced by Candover Green within a period of one year from the date of introduction.
- The Client agrees to notify Candover Green immediately upon the Client making to a Candidate an offer of employment or any business arrangement and the Client also agrees to again notify Candover Green immediately upon any offer being accepted by a Candidate. Candidates, firms or companies are introduced to Clients on the explicit understanding that if an offer of employment or of any business arrangement is made within 12 months of the introduction, Candover Green are informed immediately of the offer by the Client in writing and a fee immediately becomes payable at the appropriate rate at the time in question if an engagement results. The Client agrees to supply Candover Green immediately upon request copies of all letters, memoranda etc, from the Client to the Candidate, or vice versa, and all letters to and from any third parties concerning the Candidate.
- The word ‘introduction’ means any form of contact brought about by Candover Green either directly or indirectly through any third party, between any Candidate of Candover Green and any Client. This applies whether or not the Client knew of such Candidate previously. A ‘Candidate’ of Candover Green is any person or body who has any form of contact with a Client of Candover Green which is brought about either directly or indirectly by us. ‘Client’ means any person or body to whom a Candidate of Candover Green is introduced by Candover Green.
- If an employee or self-employed partner of Candover Green or any of its subsidiary companies is engaged by the Client on a contract, permanent or part-time, or self-employed basis these Terms of Business will apply.
- A fee becomes due to Candover Green immediately upon the start of any employment or commencement of any business arrangement with any Candidate, firm or company introduced by Candover Green and Candover Green will present to the Client an invoice for any such fee on or shortly after any such commencement date.
- Our terms of business are strictly that Candover Green must receive all fees within 30 days of the date of any invoice presented unless agreed by prior arrangement. Should any invoice be unpaid after 30 days:
- We shall have the right to charge interest at the rate of 5% of the total unpaid amount due and a further invoice for this amount will immediately be submitted to the Client which itself must be paid within 30 days of the invoice. For each further period of 30 days for which some or all of the original invoice, or any subsequent invoice, remains unpaid Candover Green will submit a further invoice charging interest at the rate of 5% of any amount still unpaid under any previous invoice; and
- Any discounts on fees agreed by Candover Green immediately become null and void and the full fee which would have been payable without any such discounts will immediately become payable and Candover Green will immediately submit to the Client a further invoice for the excess now due which invoice will be payable within 30 days of the date of invoice.
- Introductions are confidential. Should a Candidate, introduced to a Client be passed on to a third party, with a resulting engagement, or should a third party engage a Candidate in any way as a result of the actions of a Client, then the original Client will be liable for payment of a fee on the normal basis as set out in these Terms and Conditions of Business.
- Whilst every endeavour is made to ensure a satisfactory service, no responsibility can be accepted for any damage or loss occasioned by arising from or in any way connected with Candover Green seeking a Candidate for the Client or providing the introduction of a Candidate or the engagement of any Candidate. We advise Clients to check all references in depth and we can assist in the reference checking process if required. It is strictly understood that any Client must satisfy itself as to the suitability of a Candidate and the duty is on the Client to take up and deal with any references and to institute fidelity bonding. It is also the Client’s responsibility to obtain a work permit for the Candidate where necessary and to make any relevant checks on the Candidate for the purposes of immigration and related legislation.The Client is also responsible for satisfying any other requirement or qualifications required by law or practice. It is understood that by offering employment or any business arrangement to a Candidate, the Client has interviewed this person to the Client’s satisfaction. Introduction of Candidates to Clients is totally confidential, Clients must not, under any circumstances, approach companies by which any Candidate introduced by Candover Green is or has ever been employed, without prior permission from either Candover Green or the Candidate.
Furthermore, notwithstanding the Client’s duty to satisfy itself with regards to references etc. as set out in the paragraph immediately above, Clients must not approach a Candidate’s current or past employer with a view to any enquiry regarding the Candidate until an offer of employment or commencement of any business arrangement has been made by the Client (which can be made subject to satisfactory references) and this offer has been accepted by the Candidate.
- Fees are charged as a percentage of the anticipated first year’s gross remuneration. The anticipated first year’s remuneration shall include basic salary, plus any bonus deemed to be guaranteed, a ‘sign on’ or ‘joining’ bonus and any benefits as outlined in the Candidate’s letter of offer or contract of employment (if a company vehicle is provided, this will be valued at £5,000 for the purposes of fee calculation; otherwise the value of any car allowance will be included).
- In the event of a guarantee or retainer for a period of less than twelve months, the fees shall be charged on the basis of the pro-rata appropriate percentage of the period of the first twelve months. A minimum charge of £2,500.00 will apply.
- In the event of an interim appointment, guarantee or retainer for a period of less than twelve months, the fees shall be charged on the basis of the pro-rata appropriate percentage of the period of the first twelve months. A minimum charge of £2,500.00 will apply.
- Fees:A fee of the first year’s anticipated total remuneration will be invoiced immediately upon the start of the candidate’s employment.
- In the case of Candidates remunerated on a commission-only basis or any other payment method where there is no basic salary, a minimum flat fee of £10,000.00 will be charged. If a guarantee is paid to a commission-only Candidate or to a Candidate with no basic salary, the fee will be calculated in accordance with our fees in clause 12. A minimum fee of £10,000.00 will still apply.
- VAT is payable on our fees and is charged at the prevailing rate.
- These Terms supersede any other previous Terms and Conditions of Business or any other agreed Terms.
- Temporary StaffAll and any business undertaken by Candover Green Limited (“The Employment Business”) is transacted subject to the terms and conditions hereinafter set out, each of which shall be incorporated or implied in any agreement between the Employment Business and its Clients. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless expressly agreed to the contrary by the Employment Business in writing.
The Client agrees to pay the hourly charge of the Employment Worker for all hours actually worked. Any other expenses as may be agreed shall be itemised on the Employment Business’ invoice in addition to this charge. The Employment Business reserves the right to vary the charge on an existing or subsequent assignment with immediate effect subject to prior notification being given to the Client. Candover Green Limited will be responsible for the Temporary Worker’s remuneration: deducting PAYE, Income Tax, National Insurance Contributions and accounting to the relevant authorities for these deductions. The Client shall sign the Employment Business’ time sheet verifying the number of hours worked each week. The Client shall not be entitled to decline to sign a time sheet on the basis that he is dissatisfied with the work performed by the Temporary Worker.
Transfer Fees: Where a Temporary Worker has been supplied:
In the event of the engagement by the client of a Temporary Worker supplied by Candover Green for an assignment (1) directly or (2) pursuant to being supplied by another employment business, during the assignment or within whichever is the longer of either:
- 14 weeks from the start date of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or
- 8 weeks from the day after the last day the Temporary Worker worked on the AssignmentThe Client shall be liable, subject to electing by giving 7 days prior notice, to either:
- An extended period of hire of the Temporary Worker being 21 weeks during which the Client shall pay the current hourly/daily charge rate agreed for each hour/day the Temporary Worker is so employed or supplied; or
- A Transfer Fee calculated as a percentage of the annual remuneration. The standard transfer fee is 20% of annual remuneration, pro-rated as required.Responsibility and Liability:
The Employment Business shall endeavour to ensure the suitability of any Candidate introduced to the Client and to maintain a high standard of service and integrity, but the Employment Business makes no warranty, express or implied, as to the suitability of any Temporary Worker introduced to the Client.
Candover Green Limited can accept no liability whatsoever for any loss, damage, cost or expenses, howsoever caused which the Client may suffer or for which the Client may become liable arising out of, or in connection with a result of introduction to the Client or engagement by the Client of a Temporary Worker.
Temporary Workers supplied by the Employment Business are deemed to be under the direction and control of the Client from the time they report to take up duties and for the duration of the assignment. The Client agrees to be responsible for all acts, errors and omissions, be they wilful, negligent or otherwise; as through the Temporary Worker were the direct employee of the Client.
The Client will in all respects comply with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff. The Client undertakes to supervise the Temporary Worker. If the Client reasonably considers the Temporary Worker to be unsatisfactory, a complaint must be made by telephone and confirmed in writing within one day of the finding. Suitable action will then be taken, but in any event the Client waives any right to withhold payment.