RECRUITMENT TERMS AND CONDITIONS

These Recruitment Terms and Conditions ("Agreement") govern the relationship between Alice Rose Recruitment Limited (“Company”) and any client ("Client") who receives resumes or other details of candidates ("Candidates") from the Company.

By receiving and reviewing a Candidate's details, the Client agrees to these Terms and Conditions in full. These Terms and Conditions are deemed accepted upon the Client’s receipt of a Candidate’s resume or any other personal details sent by the Company.

1. Interpretation

In these Conditions, the following terms have the following meanings:

a) Candidate: A person whose personal details are registered with the Company who may be suitable for Engagement with the Client or to whom the Client may wish to be Introduced, including any officer or employee of the Candidate if the Candidate is a limited company;
b) Client: Any person, firm, or company to whom the Company Introduces a Candidate, including their subsidiaries or associated companies;
c) Company: Alice Rose Recruitment Limited (company number 11794244), having its registered office at 30 Churchill Place, London, England E14 5RE;
d) Contract: A contract between the Company and the Client for the supply of recruitment services and the Introduction of Candidates to the Client, incorporating these Conditions;
e) Engagement: The employment, appointment, or use under any agreement or arrangement for the provision of services of the Candidate to the Client or any third party on any basis whatsoever, including, without limitation, on a fixed term, temporary, or permanent basis or through any incorporated entity of which the Candidate is a director, limited liability partner, or employee;
f) Introduction: The introduction of the Candidate to the Client by the Company as referred to in Condition 3(a);
g) Introduction Fee: The fee payable by the Client to the Company upon the Engagement of a Candidate Introduced by the Company to the Client, being a percentage of the Candidate’s Remuneration calculated in accordance with the Scale of Fees;
h) Remuneration: The Candidate’s estimated gross annual remuneration package, including, without limitation, all guaranteed and anticipated bonuses, site or mobility allowances, subsistence payments, profit shares, overseas weighting, and other taxable emoluments payable or receivable by the Candidate for services rendered to or on behalf of the Client;
i) Special Conditions: All specific conditions relating to the Contract for the supply of services or Introduction of Candidates to the Client and set out in the Company’s written order acknowledgement or otherwise by written agreement between the parties.

2. The Contract

a) The Contract shall be on these Conditions, to the exclusion of all other terms and conditions, and forms the entire agreement between the parties and supersedes any previous terms and conditions of either party.
b) In the event of a conflict between these Conditions and any specific terms agreed between the parties, these Conditions shall prevail.
c) These Conditions are deemed to be accepted by the Client:
i) when the Client receives the Candidate’s resume or any other personal details from the Company; and
ii) when the Client either reviews or chooses to interview a Candidate based on this information.
d) No variation to these Conditions shall be valid unless agreed in writing by a director of the Company and the Client, and a copy of the varied terms is provided to the Client.

3. Introduction

a) The Introduction of a Candidate to a Client shall take place when:
i) The Company arranges an interview between the Candidate and the Client; or
ii) The Client receives the resume or any other details of a Candidate from the Company. Upon receipt of the resume from the Company, the Client shall be deemed to have agreed to these Terms and Conditions.
b) Irrespective of whether the Candidate was previously known to the Client, a Candidate shall be considered to have been Introduced to the Client exclusively by the Company, and any Engagement of the Candidate by the Client shall be deemed to have occurred solely as a consequence of that Introduction unless, prior to the commencement of the Contract, the Client notified the Company that it was already in contact with the Candidate and can substantiate its assertion to the Company’s reasonable satisfaction.
c) If the Client passes the details of any Candidate to a third party without first obtaining the Company’s prior written consent, and the third party subsequently engages the Candidate, the Company shall be entitled to charge an Introduction Fee to the Client as if the Candidate had been engaged by the Client.
d) If the Client requires the Candidate to undertake a trial period before making an offer of permanent Engagement, the services of the Candidate will be provided in accordance with the Company’s Terms and Conditions of Business for the Introduction and Supply of Temporary Workers.

4. Price

a) Payment of the Introduction Fee together with any agreed expenses, such as advertising costs, psychometric testing, and interviewing expenses, shall be made to the Company by the Client within 10 days from the end of the month in which the Company’s invoice is issued. Time for payment shall be of the essence.
b) The Company may render invoices at any time after it has incurred expenses or in respect of the Introduction Fee at any time after the Candidate has commenced their Engagement with the Client.
c) The Client shall make no deduction of any type from payments due to the Company.
d) The Company reserves the right to:
i) charge interest on any outstanding amounts owed by the Client in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and
ii) claim immediate payment of all invoices rendered, including those within the agreed payment terms, where the Client has failed to make payment on time.

5. Scale of Fees

a) The Introduction Fee payable to the Company by the Client for an Introduction resulting in an Engagement is calculated as 35% of the Candidate’s first-year base salary.
b) Where the actual Remuneration is not known, the Company will charge a fee based on the reasonable level of remuneration applicable for the position in which the Candidate has been engaged, with regard to any information supplied to the Company by the Client or comparable positions in the market generally.
c) If applicable, all advertising costs will be agreed in advance and charged to the Client, and all reasonable travelling expenses incurred by Candidates in attending interviews with the Client will be the responsibility of the Client.

6. Candidate Replacement

6.1 In the event the Candidate resigns or has their contract terminated by the Client within 90 days of their start date, the Company will endeavor to find a replacement Candidate at no additional charge, subject to the following conditions:
a) The replacement Candidate must be for the same role in which the original Candidate was Engaged.
b) The obligation to provide a replacement Candidate is limited to one replacement per Candidate.
c) The replacement guarantee is not applicable where the employment is terminated due to a reduction-in-force, layoff, downsizing, job elimination, economic reasons, or a material change in the role.
d) The replacement guarantee must be applied within 90 days of the original Candidate’s termination, and the payment of the Introduction Fee must have been made on or before the due date for the guarantee to be valid.

7. Non-Solicitation

a) If the Client, whether directly or indirectly, engages or receives services from any member of staff of the Company, irrespective of whether such person has been involved in the supply of services to the Client, an Introduction Fee will be payable by the Client to the Company.
b) The Introduction Fee will be calculated in accordance with the Scale of Fees and will be payable by the Client in accordance with Condition 4.

8. Company’s Obligations to the Client

a) The Company agrees to make available from time to time persons who may be suitable for Engagement by the Client.
b) The Company endeavors to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidate’s identity, experience, training, qualifications, and authorization to work, as well as providing references where available.

9. Client’s Obligations to the Company

The Client shall:
a) Notify the Company in writing without delay when:
i) An offer of Engagement is made by the Client to a Candidate; and
ii) Such an offer is accepted by the Candidate.
b) Pay to the Company the Introduction Fee in accordance with Condition 4.
c) Provide to the Company details of the position, including the type of work, location, hours of work, and the experience and qualifications required for the Candidate.
d) Comply with data protection laws in relation to personal data provided to the Client regarding the Candidate.

10. No Warranty

a) The Company gives no warranty as to whether the Candidate will be suitable for the Client’s requirements. The Client must rely on its own enquiries as to the suitability of the Candidate.
b) The Company shall not be liable for any loss, liability, damage, costs, claims, or expenses suffered by the Client arising from the Introduction or Engagement of any Candidate, except in the case of death or personal injury caused by the Company’s negligence.

11. General Provisions

a) This Agreement is governed by and construed in accordance with the laws of England and Wales.
b) Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
c) If any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect.