Terms & Conditions
TERMS AND CONDITIONS – PERMANENT AND CONTRACT STAFF
1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
“Applicant” means the person introduced by the Agency to the Client for an Engagement including
any officer or employee of the Applicant if the Applicant is a limited company and
members of the Agency’s own staff,
“Client” means the person; firm or corporate body together with any subsidiary or associated
Company as defined by the Companies Act 1985 to which the Applicant is introduced;
“Agency” Agency means Infinity Skills LLP (registered in England and Wales No. OC416534) of The
Aspen Building, Vantage Point Business Village, Mitcheldean, Gloucestershire, GL17 0DD;
“Engagement” means the engagement, employment or use, including non-productive use, of the
Applicant by the Client or any third party on a permanent or temporary basis, whether
under a contract or service or for services; under an agency, licence, franchise or
partnership agreement; or any other engagement; directly or through a limited company
of which the Applicant is an officer or employee;
“Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the
Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the
Client of a curriculum vitæ or information which identifies the Applicant; and which leads
to an Engagement of that Applicant;
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission
earnings, allowances, inducement payments, the benefit of a company car and all other
payments and taxable (and, where applicable, non-taxable) emoluments payable to or
receivable by the Applicant for services rendered to or on behalf of the Client. Where the
Client provides a company car, a notional amount of £1000 will be added to the salary in
order to calculate the Agency’s fee.
1.2. Unless the context requires otherwise, references to the singular include the plural.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the
Client by virtue of an introduction to, or the Engagement of an Applicant or the passing of any information about
the Applicant to any third party following an Introduction.
2.2. These terms contain the entire agreement between the parties unless otherwise agreed in writing by a director of
the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward
by the Client.
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the
Agency and the Client are set out in writing and a copy of the varied Terms is given to the Client stating the date
on or after which such varied terms shall apply.
3. NOTIFICATIONS AND FEES
3.1. The Client agrees:
a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and
to provide details of the Remuneration to the Agency; and
c) To pay the Agency’s fee within 30 days from the date of the invoice, to the assignee; Perm Simply of The
Aspen Building, Vantage Point Business Village, Mitcheldean, Glos GL17 0DD a trading name of Keen Thinking
Limited (04012805).
d) For the avoidance of doubt, all invoicing raised to the Client has been legally assigned to Keen Thinking
Limited, and should be paid only to Keen Thinking Limited and to that extent the Business Contract Terms
(Assignment of Receivables) Regulations 2018 will apply.
3.2. Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant
commences the Engagement when the Agency will render an invoice to the Client for its fees.
3.3. The Agency reserves the right to charge interest on invoiced amounts unpaid for more than the agreed credit
Terms in accordance with ‘The Late Payment of Commercial Debt (Interest) Act 1998’
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3.4. The fee payable to the Agency by the Client for an introduction resulting in
an Engagement is the amount equal to 15% of the Remuneration applicable during
the first 12 months of the Engagement. VAT will be charged on the fee if applicable.
3.5. In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply prorata.
If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within
12 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further
fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term
up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the
sooner.
3.6. If the Client subsequently engages or re-engages the Applicant within the period of 12 calendar months from the
date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause
3.4 above becomes payable.
4. SERVICE GUARANTEE – REFUNDS
It is a condition precedent to any post Engagement benefit, such as rebate, refund, replacement, discount guarantee
or any other form of warranty mentioned in or otherwise inferred from these Terms of Business, that the relevant
invoice is paid to terms
In order to qualify for a Refund;
4.1. The Client must pay the Agency’s fee to Perm Simply (the Agency’s Factor) within 30 days from the date of the
invoice.
4.2. The Engagement is terminated by the Applicant or by the Applicant’s death or by the Client within 12 weeks from
the date of Engagement
4.3. The Client must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
4.4. Neither the Client nor any subsidiary nor associated company nor person shall engage the Applicant within 12
months of the termination of the Engagement
4.5. The termination is not due to redundancy and the Client does not owe any other overdue sums to the Agency’s
Factor
4.6. The following scale of refund only applies in the event that the Client complies with the provisions of clause 3.1
of these Terms of Business.
4.7. Where the Applicant leaves during the first 12 weeks of the Engagement, a partial refund of the introduction fee
shall be paid to the Client in accordance with the scale set out below, subject to the conditions in clause 4.1.
Week in which the candidate leaves 1 - 2 3 – 5 6 - 8 9 - 12
% of introduction fee refunded 90% 75% 50% 25%
4.8. There will be no refund where the Applicant leaves during or after the 13th week of the Engagement.
4.9. In these Terms of Business, a Refund means a sum to be refunded by the Agency to the Client in certain
circumstances to discount future invoices raised to the Client.
br />4.10. Irrespective to any proven or claimed right to a Refund, all invoices must be paid within their credit terms to the
Agency’s factor (Perms Simply) and there is no right to set off any proven or claimed right to a Refund.
4.11. The Client must pay the Company’s fee within 30 days from the date of the invoice: If payment is not received
within the credit terms, no Refund shall apply.
5. CANCELLATION FEE
5.1. If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it,
The Client shall be liable to pay the Agency a minimum fee of 5% of the Remuneration.
6. INTRODUCTIONS
6.1. Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding
an Applicant introduced by the Agency which results in an Engagement with that third party within 12 months of
the introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.4 with no entitlement
to any refund.
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6.2. An introduction fee calculated in accordance with clause 3.4 will be
charged in relation to any Applicant engaged as a consequence of or resulting from
an introduction by or through the Agency, whether direct or indirect, within 12
months from the date of the agency’s introduction.
6.3. In the event that any employee of the Agency with whom the Client has had personal dealings accepts an
Engagement with the Client within (12) months of leaving the Agency’s employment, the Client shall be liable to
pay an introduction fee to the Agency in accordance with clause. 3.4.)
7. SUITABILITY AND REFERENCES
7.1 The agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation
of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation
which the Client considers necessary or which may be required by law or by any professional body, and that the
Applicant is willing to work in the position which the Client seeks to fill.
7.2. At the same time as proposing an Applicant to the Client the Agency shall inform the Client of such matters in
Clause 7.1. as they have obtained confirmation of. Where such information is not given in paper form or by
electronic means it shall be confirmed by such means by the end of the third business day (excepting Saturday,
Sunday and any public or Bank holiday) following save where the Applicant is being proposed for a position which
is the same as one in which the Applicant has worked within the previous five business days and such information
has already been given to the client.
7.3. The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant
are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the
position which the Client seeks to fill.
7.4. The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be
detrimental to the interests of either the Client or the applicant for the Applicant to work in the position which the
Client seeks to fill.
7.5. Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 above the Client shall satisfy itself as to the suitability of the Applicant
and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such
Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be
required, for the arrangement of medical examinations and/or investigation into the medical history of any
Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the
country in which the Applicant is engaged to work.
7.6. To enable the Agency to comply with its obligations under clauses 7.1, 7.2, 7.3 and above the Client undertakes to
rovide to the Agency details of the position which the Client seeks to fill, including the type of work that the
Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any
authorisation which the Client considers necessary or which are required by law or any professional body for the
Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what
steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date
the client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of
remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration
and the length of notice that the Applicant would be entitled to give and receive to terminate the employment
with the Client.
8. SPECIAL SITUATIONS
8.1 Where the Applicant is required by law or any professional body to have qualifications or authorisations to work
in the position which the Client seeks to fill; or the work involves caring or attending one or more persons under
he age of eighteen, or any person who by reason of age , infirmly or who is otherwise in need of care or attention,
the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant
qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who
ave agreed that the references they provide may be disclosed to the Client and has taken all reasonably
practicable steps to confirm that the Applicant is suitable for the position. If the Agency is unable to do any of the
above it shall inform the Client of the steps it has taken to obtain this information in any event.
9. LIABILITY
9.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or
compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising
from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or
Engagement of any Applicant by the Client or from the failure of the agency to introduce any Applicant. For the
avoidance of any doubt, the Agency does not exclude liability for death or personal injury arising from its own
negligence.
10. LAW
10.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the courts
of England & Wales.
Signed for and on behalf of the Client:
Company Name:
Job Reference:
Dated: