Permanent Recruitment Terms

1. Definitions

1.1. In these Terms of Business, the following definitions apply:

"Candidate":

The person introduced by the Agency to the Client for an Engagement, including any officer or employee of the Candidate if the Candidate is a limited company, and members of the Agency's own staff.

"Client":

The person, firm, or corporate body (including any subsidiary or associated company as defined by relevant laws) to which the Candidate is introduced.

"Agency":

Riverbank Recruitment Ltd, a recruitment agency registered under Company Number 14894235.

"Engagement":

The employment or use of a Candidate by the Client or a third party on a permanent, temporary, or contract basis, either directly or through an intermediary arrangement, such as an umbrella company.

"Introduction":

(i) The Client interviewing a Candidate following a request to the Agency to search for a suitable Candidate, or (ii) the Agency providing the Client with a Candidate's CV or other identifying information.

"Remuneration":

The Candidate's base salary, bonuses, or other forms of compensation applicable to the first 12 months of their engagement.

1.2. References to the singular include the plural and vice versa.

1.3. Headings are for convenience and do not affect the interpretation of these Terms.

2. The Contract

2.1. These Terms constitute the contract between the Agency and the Client and are deemed accepted upon the Engagement of a Candidate or the sharing of Candidate information with a third party.

2.2. These Terms supersede any other terms of business proposed by the Client unless agreed in writing by the Agency.

2.3. Any amendments must be agreed in writing by both parties, with a copy of the revised Terms provided to the Client.

3. Fees

3.1. The Client agrees to:

• a) Notify the Agency immediately upon offering an Engagement to a Candidate.
• b) Provide details of the Candidate's agreed Remuneration.
• c) Pay the Agency's fee within 30 days of receiving the invoice.

3.2. Fees:

• Permanent Placement: A flat rate of 15% of the Candidate's annual salary.
• Temporary Placement: The markup for temporary or contract staff will be agreed upon in writing via email before the commencement of the Engagement.

3.3. The Client will incur no fee until a Candidate commences an Engagement, except as otherwise stated.

3.4. Late payments may be subject to interest at 8% above the base rate of Barclays Bank Plc from the invoice due date.

3.5. For fixed-term engagements under 12 months, the fee will be prorated. Extensions or re-engagements within six months will incur additional fees based on any increased remuneration.

4. Refunds

4.1. Refunds are contingent upon:

• Payment of fees within 30 days of invoice date.
• Written notification of the Engagement's termination within seven days.

4.2. Refund Scale (if Engagement ends within 12 weeks):

• 1st week: 100%
• 2–4 weeks: 75%
• 5–8 weeks: 50%
• 9–12 weeks: 10%
• 13+ weeks: 0%

4.3. No refund is available for re-engagements within six months as per clause 3.6.

5. Cancellations

5.1. Withdrawal of Offer

If the Client makes an offer of Engagement to a Candidate and subsequently withdraws the offer before the Engagement commences, the Client shall not be liable to pay the Agency's fee.

5.2. Termination Prior to Commencement

Should a Candidate decline an offer after accepting it, or if the Engagement is terminated prior to its commencement due to circumstances beyond the control of the Client, no fee shall be due, provided the Client notifies the Agency immediately upon learning of the withdrawal or termination.

5.3. Revised Terms for Future Engagements

In the event of a cancellation as outlined in clauses 5.1 or 5.2, if the Client later engages the Candidate within a six-month period, the full fee as outlined in clause 3.4 will apply, and no refund will be offered for any subsequent termination.

6. Introductions

6.1. Confidentiality of Introductions

All Candidate introductions made by the Agency are strictly confidential. The Client agrees not to share any Candidate information with third parties without prior written consent from the Agency.

6.2. Third-Party Engagements

If the Client provides details of a Candidate introduced by the Agency to a third party, and that third party subsequently engages the Candidate in any capacity within six months of the introduction, the Client will be liable to pay the full fee as per clause 3.4. No refund will be available in such cases, even if the Engagement is later terminated.

6.3. Subsequent Engagements

The Agency's fee is payable for any Engagement of a Candidate introduced by the Agency if the Engagement occurs within six months of the initial introduction, regardless of whether the Candidate is engaged directly by the Client, through an intermediary, or via an umbrella company.

7. Responsibilities

7.1. Candidate Suitability

While the Agency takes reasonable steps to ensure the suitability of Candidates, the Client acknowledges that ultimate responsibility for determining a Candidate's fitness for a position lies with the Client.

7.2. Client Obligations

The Client is responsible for conducting thorough reference checks, verifying qualifications, and ensuring compliance with any necessary legal, medical, or professional requirements, including but not limited to work permits, visas, and relevant certifications.

7.3. Agency Due Diligence

The Agency will use reasonable efforts to verify the Candidate's experience, qualifications, and legal eligibility to work. The Agency will promptly notify the Client of any concerns or discrepancies identified during the vetting process.

7.4. Health and Safety Compliance

The Client agrees to inform the Agency of any specific health or safety risks associated with the position and confirm that appropriate measures are in place to mitigate those risks.

7.5. Information to be Provided

To enable the Agency to fulfill its obligations under this agreement, the Client must provide clear and accurate details about the position, including:

• Job description, responsibilities, and working conditions.
• Desired start date and expected duration of employment.
• Remuneration, benefits, and payment intervals.
• Notice periods for termination by either party.

7.6. Compliance Assistance

While the Agency will take reasonable steps to assist the Client and Candidate in meeting relevant legal, regulatory, and compliance requirements (such as verifying work permits, visas, or qualifications), the Agency is not obligated to ensure full compliance. The ultimate responsibility for meeting all applicable compliance obligations remains with the Client and the Candidate.

8. Global Applicability

8.1. These Terms are designed to apply universally, irrespective of the geographic location of the Client, Candidate, or the country where the Engagement takes place.

8.2. The Client is responsible for ensuring full compliance with all relevant local laws, regulations, and statutory requirements when engaging a Candidate.

9. Liability

9.1. Limitation of Liability

The Agency shall not be liable for any losses, damages, costs, or expenses incurred by the Client as a result of the introduction or Engagement of a Candidate, the Candidate's performance, conduct, or suitability, or any delay or failure by the Agency to introduce a suitable Candidate.

9.2. Exclusion of Indirect Losses

Under no circumstances will the Agency be held liable for indirect, consequential, or economic losses, including but not limited to loss of profits, revenue, or business opportunities.

9.3. Statutory Obligations

Nothing in these Terms excludes or limits the Agency's liability for death or personal injury caused by its negligence or any other liability that cannot be excluded under applicable law.

10. Global Jurisdiction and Governing Law

10.1. These Terms are intended to accommodate the Agency's international operations.

10.2. Where both the Client and the Agency are based in the same country, the laws of that country shall apply.

10.3. For cross-border engagements, unless otherwise agreed in writing, these Terms will be governed by the laws of England & Wales.

10.4. The Client agrees to comply with all applicable local laws when engaging a Candidate introduced by the Agency.