Terms Of Business
Terms of Business for the Supply of Recruitment Services
These Terms of Business (“Terms”) set out the agreement between 4Site Recruitment Ltd (“the Agency”) and the Client for the supply of recruitment services. They apply to the introduction and/or supply of Candidates for permanent placement, temporary assignment (including trades & labour, and professional/technical workers), and any subsequent engagement, whether directly or indirectly. Acceptance of any Candidate introduction, supply or engagement constitutes acceptance of these Terms.
1) Definitions and Interpretation
1.1 “Agency Worker”: an individual engaged by the Agency and supplied to the Client on
1.2 “Assignment”: the period during which a Temporary Worker is supplied to provide
1.3 “Candidate”: a person introduced by the Agency to the Client for
1.4 “Client”: the person, firm, or company (together with subsidiaries and associated companies) to
whom the Agency introduces or supplies a Candidate.
1.5 “Early Termination Rebate” means the percentage credit issued under clause 5.3 where a Permanent Placement terminates within the qualifying period.
1.6 “Engagement”: the employment, hire or use of a Candidate by the Client or any third party, whether
directly or indirectly.
1.7 “Introduction”: the passing of a CV, worker details, or interview arrangement which identifies a
Candidate.
1.8 “Remuneration”: includes gross salary, fees, guaranteed bonus/commission, allowances,
inducements, and the value of benefits (where a company car is provided, a notional value of
£8,000 will be added).
1.9 “Temporary Worker”: any individual supplied by the Agency to the Client on a non-permanent basis, including contractors, freelancers or agency staff, but excluding those taken as direct employees of the Client.
1.10 “Transfer Fee”: a fee payable when a Temporary Worker is engaged directly by the Client or via a
third party
1.11 “Schedule of Rates”: the separate schedule issued by the Agency from time to time setting out
current Trades & Labour charge rates.
1.12 “Conduct Regulations”: the Conduct of Employment Agencies and Employment Businesses
Regulations 2003.
1.13 “AWR”: the Agency Workers Regulations
2. The Contract
2.1 These Terms constitute the entire agreement between the Agency and the Client and prevail over any other terms previously agreed or proposed by the Client.
2.2 These Terms shall remain in force for a period of twelve (12) months from the date of signature by the Client and automatically renew unless terminated by either party on 30 days’ notice
2.3 They are deemed accepted upon an Introduction, Confirmation of Interview, an Engagement, the commencement of an Assignment or approval of a timesheet.
2.4 The Agency acts as an employment agency (permanent placements) and as an employment business (temporary supply) within the meaning of the Conduct Regulations.
3. Client Obligations
3.1 The Client shall provide full and accurate details of the position, pay, working conditions, qualifications and authorisations required.
3.2 The Client is responsible for supervising Temporary Workers and ensuring a safe working environment in accordance with health and safety legislation.
3.3 The Client must not unlawfully discriminate and must comply with AWR obligations regarding equal.
3.4 The Client shall be liable for a fee as outlined in clause 5 for any Candidate it engages within twelve
(12) months of the Agency’s Introduction.
3.5 Introductions are If the Client passes Candidate details to a third party and this results in an Engagement within 12 months, fees will apply.
3.6 The Client indemnifies the Agency against all losses, liabilities or claims arising from its engagement or supervision of Candidates or Temporary Workers.
4. Agency Obligations
4.1 The Agency will take reasonably practicable steps to ensure Candidates are suitable, including checking identity, qualifications, experience, and willingness to work.
4.2 For roles involving vulnerable persons, the Agency will take additional steps, including references and verifying authorisations.
4.3 The Agency is responsible for Temporary Workers’ PAYE, National Insurance, holiday pay, pensions, and CIS deductions (where applicable). Where the Construction Industry Scheme (CIS) applies, the Agency will operate deductions where required by law. Where HMRC rules place responsibility for deduction with the Client, the Client shall account for such deductions and indemnify the Agency against any liability arising from failure to do so.
5. Charges and Payment
5.1 Permanent Placements: The Client shall pay a fee in accordance with schedule of rates outlined in 2 calculated based on the Candidate’s first-year, guaranteed remuneration, plus VAT.
5.2 Schedule of rates for permanent and temporary to permanent placements:
|
Remuneration: |
Fee % |
|
Up to £40,000 |
15% |
|
£40,000-£80,000 |
17.5% |
|
Above £80,000 |
20% |
5.3 Early Termination Rebates: Where employment is terminated (excluding redundancy, reorganisation, change of job description or client misconduct), the following shall be issued as a credit note:
|
Period of employment |
% of fee provided as a rebate |
|
Up to 2 weeks |
100% |
|
Up to 4 weeks |
75% |
|
Up to 8 weeks |
50% |
|
Up to 12 weeks |
25% |
|
After 12 weeks |
0% |
5.4 Early Termination Rebates are conditional on payment of invoices as per clause 10 and written notice of termination being provided within seven (7) days. Where a Temporary Worker is subsequently engaged directly by the client (temporary to permanent), no refunds or Early Termination Rebates are payable.
5.5 Early Termination Rebates as outlined in clause 5.3 do not apply in respect of fees charged for the engagement of a Temporary Worker on a permanent basis (temp-to-perm)
5.6 Temporary Assignments (Trades & Labour). The Client shall pay the hourly charge rates notified by the Agency and set out in the applicable Schedule of Rates, plus VAT. A minimum charge of four (4) hours shall apply where a Temporary Worker attends site at the Client’s request, irrespective of the duration worked. Any “day rate” quoted is provided for illustration only and is calculated by reference to assumed working hours. A day rate does not constitute a capped or fixed daily charge. The Client shall be charged for all hours worked at the applicable hourly rate, including overtime, shift work, unsocial hours and any enhanced hours. Authorised timesheets shall be conclusive evidence of hours worked for invoicing purposes.
5.7 The Temporary Worker shall submit a timesheet recording hours worked. The Client shall review and sign the timesheet to confirm the accuracy of the hours worked.
5.8 Where the Client fails or refuses to sign a timesheet without reasonable grounds within two working days of submission, the Agency shall invoice based on the hours submitted by the Temporary Worker. Failure to authorise a timesheet shall not relieve the Client of its obligation to pay for hours worked.
5.9 In accordance with the Agency Workers Regulations 2010, the Client shall ensure that any overtime, shift premiums, unsocial hours payments or other enhancements are applied to Temporary Workers on the same basis as would apply to the Client’s own directly engaged employees performing the same or broadly similar role, and the Agency shall invoice accordingly.
5.10 Professional & Technical Temporary Workers, not shown in Schedule of Rates (Schedule 1); The Client shall pay the agreed hourly charge rate plus a 20% markup (minimum margin equivalent to £50 per day calculated by reference to standard hours) agency margin, together with VAT. Any daily equivalent provided is illustrative only and charges shall be calculated by reference to hours worked.
5.11 Temp-to-Perm Transfers: Where a Client engages a Temporary Worker directly (or via third party) during or within 6 months of the completion of an Assignment, a Transfer Fee as calculated in accordance with paragraph 5.2 is payable. Alternatively, the Client may elect for an Extended Hire Period at agreed rates. Where the permanent salary is not known, it shall be calculated as 2,160 times the workers’ hourly rate.
5.12 Invoices are issued weekly for agency workers, on Candidate start date for permanent placements or on signature of agreement for retained assignments. Payment for the first invoice is payable within 7 days, with all subsequent invoices due within 30 days. Late payment may attract interest at 3% above the Bank of England base rate and will void any credit note, rebate or refund provisions outlined in clause 5.3 without exception.
5.13 Whereby the Client engages the Agency to undertake a retained search, a non-refundable retainer equal to 33% of the Fee shall be invoiced upon signature of the Letter of Instruction, calculated on the estimated annual gross remuneration for the role in accordance with clause 5.2. The balance of the Fee shall be invoiced upon the Candidate’s start date, calculated on the final agreed annual gross remuneration. The retainer previously paid shall be credited against the total Fee due.
6. Timesheets and Verification
6.1 Timesheets must be authorised weekly by the Client. Failure to authorise a timesheet does not relieve the Client of its obligation to pay for hours worked.
7. Termination of Assignments
7.1 Any party may terminate an Assignment immediately for material breach, insolvency, or unsuitability of the Temporary Worker. Otherwise, assignments may be terminated by the Client at any time, but payment remains due for all hours worked up to termination.
8. Confidentiality and Data Protection
8.1 Candidate information is confidential and must only be used for recruitment purposes and in accordance with UK GDPR and the Data Protection Act 2018.
8.2 The Client acknowledges that the Agency is an independent Data Controller of Candidate data and agrees that it also acts as a Data Controller for any Candidate data it receives. Both parties shall:
8.2.1 process such data lawfully, fairly and transparently;
8.2.2 implement appropriate technical and organisational measures to ensure security;
8.2.3 respect data subject rights (including access, rectification, erasure, restriction, portability and objection);
8.2.4 retain Candidate data only as long as necessary for recruitment purposes and securely delete it thereafter;
8.2.5 notify the other party promptly of any actual or suspected personal data breach.
8.3 Candidate data must not be shared with any third party without prior written consent of the Agency.
9. Liability and Indemnity
9.1 The Agency accepts no liability for losses, damage, or costs arising from the acts or omissions of Candidates or Temporary Workers.
9.2 The Agency’s total liability under these Terms shall not exceed the greater of (a) £10,000 or (b) an amount equal to the total fees paid by the Client to the Agency in the twelve (12) months preceding the event giving rise to liability, except in cases of death, personal injury, or fraud.
9.3 The Client indemnifies the Agency against all losses, claims, or expenses arising from its engagement, supervision or treatment of Candidates.
10. Notices
10.1 Notices must be in writing and delivered by hand, email, or prepaid first-class Delivery is deemed effective when received, or 48 hours after posting.
10.2 No variation of these Terms shall be valid unless set out in writing and signed by a Director of the Agency using a formal Variation Letter. Any purported variation not made in accordance with this clause shall be of no effect.
11. Severability
If any provision of these Terms is found unenforceable, the remainder shall continue in full force and effect.
12. Governing Law
These Terms are governed by the law of England & Wales and the parties submit to the exclusive jurisdiction of the English Courts.
13. Schedule of Rates
The current Trades & Labour charge rates are set out in the attached Schedule of Rates (Schedule 1). This Schedule is updated annually and forms part of these Terms.
Agreement and Acceptance
By signing below, the Client acknowledges that they have read, understood, and agree to be bound by these Terms of Business.
Signed for and on behalf of 4Site Recruitment:
Name: Position:
Signed for and on behalf of the Client: Date:
Name: Position:
Registered Company Name:
Company Number:
Invoice Contact Name:
Invoice Contact Email: Invoice Contact Number:
Purchase Order required? Timesheet Confirmed By:
Schedule 1:
For a full list of fees, please contact 4Site Recruitment