TERMS & CONDITIONS
“The Company” means Lean Engineering Recruitment Ltd
“The Client” means
1.1 “The Client” means the person or company who accepts a quotation of The Company for the supply of services, or whose request for The Company to supply such services to the client is accepted by The Company.
1.2 “Services” means the introduction by The Company of an applicant to The Client as specified in accordance with these conditions.
1.3 “The Applicant” or “The Candidate” is the person introduced by The Company to The Client and includes any person employed by The Company.
1.4 “Conditions” means the standard terms and conditions of supply set out in this document and shall also include any terms and conditions agreed in writing between The Client and The Company and upon acceptance thereof as specified herein shall represent the contract between The Client and The Company.
1.5 Any written or verbal quotation of The Company which is accepted by The Client or any written or verbal request of The Client for services which is accepted by The Company will be subject to these terms and conditions and will form the basis of the contract between The Client and The Company. This contract will be to the exclusion of any purported contract either written or verbal made by The Client.
1.6 No waiver by The Company or breach by The Client shall be a waiver or breach of any other provision.
1.7 These terms and conditions and the contracts formed herein are final and can only be altered with written consent of a Director of The Company.
2.1 The client is deemed to have accepted these terms and conditions having agreed to interview or employ The Applicant. The Client is bound to these conditions if a subsidiary, franchise, agency, license or partner of The Client interviews or employs The Applicant. If The Applicant is employed by any other company through an introduction of The Applicant by The Client ,The Client will be liable for the full fee as laid out in these terms and conditions.
3 Fees Payable and Payment Terms
3.1 The Client agrees to notify The Company verbally, on the same working day as the appointment of an applicant is accepted by The Client. The Client agrees to notify The Company in writing of the terms of the applicant’s employment including annual gross remuneration.
3.2 The Fee payable to The Company will be based upon the scale of fees listed herein and will be payable within fourteen (14) days of the date of invoice from the company.
3.3 VAT will be charged at the standard rate of UK Value Added Tax at the time of employment of The Applicant.
3.4 If The Client does not pay fees within the fourteen day period as agreed by acceptance of these terms and conditions The Company will not be bound to offer any rebate or re-run of services as laid out in this document.
3.5 The fee payable to The Company by The Client for an introduction resulting in an engagement is the amount equal to:
- Salaries up to £24,999 = 15% of total annual remuneration
- Salaries £25,000 - £29,999 = 17.5% of total annual remuneration
- Salaries of £30,000 - £34,999 = 20% of total annual remuneration
- Salaries £35,000+ = 22.5% of total annual remuneration
4.1 If The Applicant leaves the employment of The Client or The Client terminates The Applicants employment within the first 8 weeks of employment The Company will replace The Applicant free of charge. Should The Company fail to find a suitable replacement Applicant within 4 weeks then we will provide a rebate of fees. In case of redundancy, there will be no refund.
4.2 After the first four weeks a sliding scale of rebate will apply.
Week in which applicant leaves
% of introduction fee refunded
Up to 4 weeks
Up to 5 weeks
Up to 6 weeks
Up to 7 weeks
Up to 8 weeks
Up to 9 weeks
There will be a £250 administration charge on all refunds up to and including 5 weeks.
4.3 Rebates can only be given provided The Client has written to The Company to inform The Company of an Applicant’s termination within four working days of The Applicant leaving or being dismissed, and that the original fee has been paid within a fourteen (14) day period.
5 Working Terms & Conditions
5.1 The Client is responsible for ensuring that the candidate is legally permitted to work in the country in which the Applicant is to be employed.
5.2 The Client is responsible for ensuring that The Applicant satisfies the medical requirements for the role to which they are employed.
6.1 Introduction of Applicants are confidential. The disclosure by The Client to a third party of any details regarding an Applicant introduced by The Company which results in an Engagement with that third party within 6 months of the introduction renders The Client liable to payment of The Company’s fee as set out in clause 3.5 with no entitlement to any refund.
An introduction fee calculated in accordance with clause 3.5 will be charged in relation to any applicant engaged as a consequence of or resulting from an introduction by or through The Company, whether direct or indirect, within 6 months from the date of The Company’s introduction.
6.2 In the event that any employee of The Company with whom The Client has had personal dealings accepts an Engagement with The Client within 6 months of leaving The Company’s service, The Client shall be liable to pay an introduction fee to The Company in accordance with clause 3.5
7 No Warranty
7.1 The Company shall not be liable to The Client for any loss or damage incurred by The Client or The Applicant whether caused by The Client or The Applicant or the Services received under any circumstances.
8 Contract Construction
8.1 The contract shall be construed according to English Law and will be subject to the jurisdiction of English courts.
9 DATA PROTECTION
9.1 Each party warrants and undertakes to the other that, in relation to these Terms, it shall comply strictly with all requirements of the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.
9.2 The parties shall ensure that they shall comply with the provisions and obligations imposed by the GDPR Regulations (the EU General Protection Regulations) which come into force on the 25th May 2018 as they affect and / or supersede the Data Protection Act 1998 (“DPA”) and shall indemnify and keep the other party indemnified against all actions, claims, demands, proceedings, damages, costs, charges and expenses (including reasonable legal expenses) whatsoever in respect of any breach of this Clause 10.
9.3 The parties shall also comply fully with all applicable Guidelines and Codes of Practice issued by the Information Commissioner in the UK from time to time.
9.4 The parties shall adhere to all relevant data protection regulations and shall procure that all employees, sub -contractors, agents, suppliers and other relevant third parties do likewise. The parties shall ensure that its employees, sub-contractors, agents, suppliers are sufficiently informed about all relevant data protection regulations to ensure compliance. The parties will make all necessary changes to its systems and procure that its employees, sub -contractors, agents, suppliers and other relevant
third parties do likewise to ensure compliance with the General Data Protection Regulation in advance of the same coming into force. In particular (but without limitation) the parties undertake that they will employ “data protection by design” and data minimisation principles in the design of all systems holding or processing or intended to hold or process data collected, saved, used and stored by it in connection with this agreement (“Personal Data”) in accordance with good industry practice.
9.5 The parties are obliged to take all necessary technical and organisational measures to ensure the security of all Personal Data. The parties are in particular obliged to protect any data storage or processing systems available to them against any unauthorised access, incidental destruction or loss of any kind by the parties’ own employees and third parties.
9.6 The parties warrant that any interference with Personal Data held by the Alecto will be able to be traced and the identity of the perpetrator ascertained. The parties will report the loss or theft of any personal data that it holds about or in relation to the other party immediately and will liaise with the other party as to the appropriate action to be taken to minimise the loss resulting.
9.7 In the event that a party becomes aware that it, or any of its staff, agents is processing data in contravention of this clause 10, that party shall promptly give written notice to the other party with full details of such contravention.
9.8 The parties will co-operate and provide reasonable assistance with any proceedings or inquiry by the other party, an affected data subject and/or the Information Commission or other body authorised by statute which are concerned with the DPA.
9.9 The parties further warrant to each other that Personal Data cannot be read, copied, changed or removed by unauthorised persons during electronic transfer, transport or storage and that without limitation it will ensure that Personal Data is encrypted in accordance with good industry practice.
9.10 The Client's attention is drawn to the confidentiality notice printed on the front sheet of any Candidate’s CV.