1 RECRUITER INFORMATION

1.1 HI-ACHIEVERS LTD (Recruiter) is an employment agency and a company registered in England and Wales under company number 15695607 whose registered address is at Flat 80 Vickers House, Romford, RM1 2BP. 1.2 The Recruiter provides recruitment services to businesses (each a Client, together referred to throughout these terms and conditions as Clients). The Recruiter sources details of individuals with the necessary skills, experience or interest in roles available with its Clients – any person whose information the Client has not received from another source in the prior 12 months is a Candidate. Clients instruct the Recruiter to source Candidates for permanent job roles they have available ( Vacancy or Vacancies) and provide additional recruitment support, e.g. draft job adverts. The Recruiter also provides details of Candidates it believes has the appropriate skills, experience or interest that Clients may consider to be suitable for a role, even though the Client has no Vacancies and is not actively recruiting. 

1.3 The Recruiter can be contacted: 

1.3.1 by e-mail at Info@hiachievers.co.uk; 

1.3.2 by phone on 07444069859; and/or

1.3.3 by submitting an enquiry via the Recruiter's website at https://www.hiachievers.co.uk/.

2  ABOUT THESE TERMS 

2.1 When these terms apply. These terms apply whenever: 

2.1.1 the Client invites a Candidate to interview or otherwise engages in a recruitment process with them; 

2.1.2 the Client provides the Recruiter with an instruction (in whatever form); 

2.1.3 the Client shares the details of a Candidate with another business, and that business subsequently engages (whether under a contract of employment or otherwise) such Candidate ( Secondary Referral);

 2.1.4 the Client offers a Candidate any role (whether under a contract of employment or otherwise), whichever is earlier.

3 CLIENT INSTRUCTIONS

3.1 The Recruiter will take instructions from the Client via telephone or in writing which the Recruiter will record by sending the Client a confirmation e-mail.

4 RECRUITMENT SERVICES 

4.1 How the Recruiter identifies Candidates. The Recruiter will search its internal database and publicly available information for individuals who the Recruiter considers to have the appropriate skillset, experience or interest in a Vacancy or business conducted by the Client

4.2 Individual Candidates only. The Recruiter only provides Candidate details where that individual provides their services directly, and not through a limited company.

5 CLIENT OBLIGATIONS (GENERAL)

5.1 The Client shall:

5.1.1 be responsible for considering the suitability of any Candidate. This includes verifying any references it has provided, checking the validity of their qualifications, ensuring they have the requisite skill to perform the duties required by the Vacancy, checking they have the right to work in the United Kingdom and any other due diligence as appropriate for new employees or workers;

5.1.2 notify the Recruiter about any type of Candidate engagement. The Client must promptly, and in any event, within 3 days notify the Recruiter if a Candidate accepts an offer from the Client or begins any other type of engagement with the Client. The Client must also notify the Recruiter whenever there is a Secondary Referral;

5.1.3 notify the Recruiter if a Candidate is already known to them. The Client must notify the Recruiter within 3 days of receipt of details about a Candidate from the Recruiter if it has already received Candidate details from another source;

5.1.4 pay the Fee (as defined in the "fees" clause) where the Client engages a Candidate introduced by the Recruiter. The Client must pay the Recruiter the relevant fees for any Candidate the Client engages in accordance with the "Fees" clause, regardless of whether the Candidate is engaged for a specific Vacancy the Recruiter has been instructed in relation to. This will apply for 14 Days from the date that the Recruiter provided the Client with the details of the Candidate;

5.1.5 pay the charges agreed for any additional services provided by the Recruiter. These charges shall be payable regardless of whether the recruitment process results in the successful hire of a Candidate.

6 RECRUITER OBLIGATIONS

6.1 The Recruiter shall:

6.1.1 provide the recruitment services with all due care, skill and ability;

6.1.2 inform the Client as soon as possible when a Candidate is unable to attend an interview or accept an offer;

6.1.3 comply with any brand guidelines provided by the Client in relation to the use of its name and trade marks

7 FEES

7.1 Upon the Candidate’s acceptance of an offer, the Recruiter shall submit an invoice to the Client for the successful placement of a Candidate (Fee). The Fee payable by the Client is dependent on the type of Vacancy that has been filled. Where the Vacancy was:

7.1.1 A permanent role: 15% of the Candidate’s total first year remuneration (including all payments and benefits that form part of their annual gross taxable pay before applying any exemptions, allowance or deduction for income tax purposes, but excluding any performance-related or other bonuses) or salary (excluding any other payments or benefits, regardless of whether they form part of their annual gross taxable pay).

7.2 Other circumstances in which the Client must pay the Recruiter a fee:

7.2.1 Where the Client cancels an offer of employment. Where a Candidate accepted an offer of employment and the Client subsequently withdraws that offer, the Client remains liable for 50% of the fee that would have been payable had the employment proceeded.

7.2.2 Where the Client subsequently engages an unsuccessful Candidate. Where a Candidate was initially unsuccessful but the Client subsequently engages that person within 12 months of receipt of their details from the Recruiter (whether for the Vacancy for which the Recruiter was instructed or otherwise), the Client remains liable for the full fee that would have been payable.

7.3 All Fees are exclusive of VAT.

7.4 Invoices must be paid by the Client within 14 days of the invoice date. Payment must be made by bank transfer to the Recruiter's account details as set out in each invoice.

7.5 Interest will be charged on overdue sums. If the Client fails to make any payment due to the Recruiter by the due date for payment, then, without limiting the Recruiter's remedies, the Client will pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above Bank of England's base rate, but at 4% a year for any period when that base rate is 0% or below.

8 UNSUCCESSFUL RECRUITMENT 

8.1 No guarantee of successful recruitment. The Recruiter will always try to find the right person for the Vacancy, but the Recruiter cannot guarantee there will always be a suitable Candidate available for a role.

8.2 No rebate in any circumstances. Once the Candidate attends (whether remotely or in person) their first working day, the Recruiter will not refund any portion of the Fee in any circumstances.

9 DATA PROTECTION

9.1 The Recruiter and the Client agree that they are independent controllers for the purpose of data protection law and will be separately responsible for any personal data about the Candidates that they each process.

9.2 Further information about how the Recruiter uses personal data is set out in the Recruiter's privacy notice available on the Recruiter's website https://app.docue.com/2/documents/d/ObBjxR .

10 CONFIDENTIALITY 

10.1 Each party undertakes that it shall not disclose to any person any confidential information (which is information marked as confidential or which the recipient ought to know is confidential given its nature of the circumstances in which it is shared) except:

10.1.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of performing its obligations under these terms. Each party shall ensure those to whom it discloses confidential information will comply with these confidentiality requirements; or

10.1.2 as may be required by law, a court of competent jurisdiction or any governmental authority.

10.2 No party shall use the other party’s confidential information other than to perform its obligations under these terms.

10.3 These confidentiality obligations shall not apply to confidential information which:

10.3.1 is in the possession of and is at the free disposal of either party, or is published or is otherwise in the public domain prior to the receipt of such information by the other;

10.3.2 is or becomes publicly available on a non-confidential basis through no fault of the party receiving the confidential information; or

10.3.3 is received in good faith by either party from a third party who claims to have no obligations of confidence in respect of such information and imposes no obligations of confidence upon the party receiving the confidential information.

10.4 These confidentiality obligations will survive for 2 years from the date on which the confidential information is disclosed.

11 LIMITATION OF LIABILITY

11.1 The Recruiter shall not be liable for:

11.1.1 failure to source a suitable Candidate;

11.1.2 the Client’s failure to comply with applicable law in relation to any recruitment process; or

11.1.3 any other cost, unless directly resulting from the Recruiter’s negligence.

11.2 In addition to clause 11.1, the Recruiter shall not be liable for: negligence, breach of statutory duty, contract, misrepresentation, restitution or otherwise for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms.

11.3 To the extent permitted by law, the Recruiter’s liability is limited to the total Fees paid by the Client in the 3 Months prior to the date of the claim. The Recruiter will not be liable for any matter not reported to the Recruiter within 30 days of its occurrence.

11.4 The Client accepts and agrees that the Recruiter gives no warranty as to the suitability of any Candidate for any Vacancy

12 TERMINATION

12.1 Without prejudice to the other remedies or rights a party may have, either party may terminate the contract for services, at any time, on written notice to the other party if:

12.1.1 the other party is in material breach of its obligations under these terms and, if the breach is capable of being remedied, within 30 days of being given written notice of such breach, the breach is not remedied in that period; or

12.1.2 the other party becomes insolvent, an order is made or a resolution is passed for its winding up (other than voluntarily for the purpose of solvent amalgamation or re-construction), an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of its assets or business, it makes any composition with its creditors or takes or is subject to any similar action in consequence of debt.

12.2 Either party may terminate the contract for services by giving 30 days' notice in writing to the other party if:

12.2.1 the Vacancy has been filled, whether by a Candidate or individual whose details were not provided by the Recruiter; or

12.2.2 the Vacancy has not been filled or the recruitment has otherwise been unsuccessful (e.g. the Candidate has left their role) and the Recruiter is unable to identify a replacement Candidate or the Client does not wish to fill the Vacancy.

12.3 On termination, the Client will pay for all recruitment services provided up to the date of termination, and for all Fees falling due for payment after the date of termination from commitments reasonably and necessarily incurred by the Recruiter for the performance of the recruitment services prior to the date of termination.

13 GENERAL

13.1 Notices. Any notice to be given under these terms will be in writing and either sent by first class post (to the recipient’s registered office or main trading address) or by e-mail (to any e-mail address provided). Notices will be treated as being received on the second working day after posting if sent by post and at the time of transmission if sent by e-mail (although if sent outside the hours of 9am-5pm on a working day, it will be treated as being received at 9am on the next working day).

13.2 Variation. No amendment or variation of these terms will be valid unless agreed in writing by an authorised signatory of each party.

13.3 No reliance. Both the Recruiter and the Client acknowledge that, in entering these arrangements between both parties as set out in these terms, neither party is relying on any representation, warranty or other provision except as expressly set out in these terms and any conditions, warranties or other terms implied by law are excluded to the fullest extent permitted by law. Nothing in these terms excludes liability for fraud.

13.4 Relationship of the parties. The parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.

13.5 Third party rights. For the purposes of the Contracts (Rights of Third Parties) Act 1999, these terms are not intended to and do not give any person who is not a party to them any right to enforce any of its provisions. However, this does not affect any rights or remedy of such a person that exists or is available apart from that Act.

13.6 Governing law and jurisdiction. These terms are governed by the law of England and Wales. All disputes under these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.