Client Terms & Conditions
1. The Service
1.1 Personal Staffing Ltd, is a limited company specialising in the introduction of professional personnel (“Candidates”) to prospective employers, their representatives and/or agents (“Clients”). Our role is that of a personnel introduction agency “The Service”. We only introduce Candidates to the Client and any employment agreement or contract (whether made orally or in writing) entered into by the Client and any Candidates following an introduction by us is and remains the sole responsibility of the Client.
1.2 The provision of the Service is subject to the written acceptance (by email) of the Terms & Conditions contained herein (“Terms”). By entering into business with us, the Client is deemed to have accepted these Terms.
1.3 Although we make every effort as part of the service to interview Candidates and verify their details, references and/or qualifications, we strongly recommend that the Client conducts its own investigations before entering into an employment agreement or contract with the Candidate.
1.4 Any information and/or documentation (including, but not limited to, résumés, contact details, qualifications etc) pertaining to any Candidate introduced by us to the Client is for the sole use of the Client and must not be disclosed to any third parties without our expressed written approval. Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in a placement of the Candidate by the third party within 12 months of the agency’s introduction of the Candidate to the Client, then the Client will be liable to the agency for payment of a “Placement Fee” in accordance with clause 2. Neither the Client nor the third party shall be entitled to a refund of the Placement Fee under clause 4 in any circumstances.
1.5 These Terms constitute the contract between Personal Staffing Ltd and the Client for the supply of permanent or temporary staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of either an Introduction, a Placement Offer or Placement, the Client must agree to terms to receive information regarding Candidates, to interview Candidates or the passing by the Client of any information about Candidates to any third party. For the avoidance of doubt, these Terms apply whether or not Candidates are placed for the same type of work as that for which the service was originally affected.
1.6 On initiating an agreement for Personal Staffing to manage a position, the Client must declare any candidates already received via other sources.
2.1 The provision of the Service will be subject to the payment of an appropriate placement fee calculated on the following basis:
The Placement Fee is payable on Placement Commencement and is calculated as follows:
(i) for all (full-time or part-time) permanent Placements of an individual: the equivalent of 18% of the full gross annual salary.
(ii) for all (full-time or part-time) temporary Placements (whether employed on a daily, weekly or monthly basis up to a period of three (3) months), 20% of the accumulated salary earned for the period employed, subject to a minimum charge of £200.
2.2 In the event that any Candidates introduced by us to the Client are employed or re-employed directly by the Client (with or without our involvement) within the period of one (1) year from the date of our initial introduction of the Candidate, the Client will be charged the applicable placement fee in accordance with the fee policy.
2.3 In the event the Client obtains any information and/or documentation pertaining to the Candidate from another source prior to our initial introduction the Client must inform us immediately. We reserve the right to claim the introduction and any applicable placement fee should the Client decide to use the information and/or documentation provided by us in favour of that provided by the other source.
3. Payment Policy
3.1 Payment must be received within seven (7) calendar days from the date of commencement of employment, late payments could jeopardise the warranty.
3.2 Any late payment will incur an additional 5% charge to be added to the invoice and can ultimately jeopardise the warranty period.
3.3 In the event that a temporary or seasonal placement is extended beyond the period for which the placement fee was originally calculated, we will issue an additional invoice for the shortfall due to us in accordance with the fee policy. All placements will be charged for the period(s) employed, in accordance with the fee policy.
3.4 All placement fees with Personal Staffing Ltd are VAT exempt.
3.5 The Client has a maximum period of 6 weeks from the date of invoice to raise a concern about the crew placed and take appropriate actions and terminate the employment of the placed crew in order to be eligible for a replacement.
3.6 If Payment is not received within seven (7) calendar days from the date of invoice, and The Client is not satisfied with the Candidate placed, the Client should raise their concerns, terminate the current Candidate employed and request a replacement or a 20% charge of the overall earning of the placed candidate will be charged.
3.7 The client is liable to pay the bank charges for the payment of the placement fee.
4.1 If an offer has been made and accepted, the Client has paid the Introduction Fee, and the Engagement does not commence because the Candidate withdraws their acceptance, the Agency will find one replacement Candidate for the same Engagement at no further cost to the Client. If the Candidate’s Engagement has already commenced, but the candidate leaves within 3 months from the Date of Commencement, the Agency will find one replacement Candidate at no cost to the client.
4.2 In order to qualify for a Replacement Candidate the Client must have paid the Placement Fee in full by the due date and notified the Agency in writing of the termination of the Engagement within 7 days of its termination or non- commencement.
4.3 There must be no significant changes to the job specification which may have led to the Candidate terminating the Engagement and the Client must exclusively give the Agency eight weeks from the date of the notice of non-commencement or termination in which to find one suitable Replacement Candidate based on the original specification. The Agency will continue to search for one Replacement Candidate up to and including 12 weeks from the Date of Commencement. Should the Agency not find a suitable Replacement Candidate within the 12 weeks the Agency will be released of its obligations to find a free replacement Candidate for the Client and will instead be charged a full fee for any further Candidates engaged by the Client.
5.1 All liability, whether in contract, tort or otherwise, for any loss, damage, cost or expense, is hereby excluded to the fullest extent permitted by law.
5.2 By agreeing to these Terms & Conditions, the client agrees to take full responsibility and ensure that they have relevant business insurance.
6.1 Any dispute arising out of or in connection with these Terms shall be submitted to the non-exclusive jurisdiction of the English Courts.
6.2 We, and the Client, irrevocably agree that any legal suit, action or proceedings (‘Proceedings’) arising out of or in connection with these Terms may be brought in such courts as referred to in clause 6.1, at the option of the party taking Proceedings, and hereby waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
6.3 The foregoing notwithstanding, we may bring or commence proceedings in rem to obtain security, seizure, arrest or any other similar remedy against any property belonging to the Client in any other state or jurisdiction.
Last Revision: November 2022