Policies

Terms of Business

Introduction of permanent or fixed term contract staff, 2026

Terms of business for the introduction of permanent or fixed term contract staff (to be directly engaged by the Client)

1. Definitions

1.1 In these Terms the following definitions apply:

"Agency" means Premises Recruitment Limited, a company incorporated in England and Wales under company number 04216304, whose registered office is at Abacus House 14-18, Forest Road, Loughton, Essex, IG10 1DX ("the Agency");

"Candidate" means the person Introduced by the Agency to the Client for an Engagement including any officer, employee or other representative of the Candidate if the Candidate is a corporate body, and members of the Agency's own staff;

"Client" means the person, firm or corporate body to whom the Candidate is Introduced, together with any holding company, subsidiary company, associated company, associated person, firm or corporate body (as the case may be);

"Data Protection Laws" means the UK General Data Protection Regulation, the Data Protection Act 2018 and all other applicable laws and regulations relating to privacy and the processing of personal data, in each case as amended, supplemented or replaced from time to time;

"Engagement" means the engagement, employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Candidate is an officer, employee or other representative; and "Engage", "Engages" and "Engaged" shall be construed accordingly. For the purposes of these Terms, an Engagement shall be treated as commencing when the Candidate first commences work or provides services to or on behalf of the Client or relevant third party;

"Introduction" means (i) the passing to the Client, whether in response to a specific instruction or otherwise, of a curriculum vitae or other information which identifies the Candidate or from which the Candidate can reasonably be identified; or (ii) the arrangement by the Agency of an interview, meeting or other communication between the Client and the Candidate, whether in person, by telephone, video call or by any other means; and "Introduces" and "Introduced" shall be construed accordingly;

"Introduction Fee" means the fee payable by the Client to the Agency in accordance with clause 3 in respect of the Engagement of a Candidate Introduced by the Agency;

"Losses" means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;

"Remuneration" includes gross base salary or fees, car allowance, and guaranteed bonus and commission earnings, payable to or receivable by the Candidate for services rendered to or on behalf of the Client or any third party;

"Vulnerable Person" means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen.

1.2 Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.

1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. The contract

2.1 These terms of business and the attached Schedule(s) ("the Terms") constitute the contract between the Agency and the Client for the Introduction of permanent or fixed term contract staff to be engaged directly by the Client and shall be deemed to be accepted by the Client upon the earliest of:

(a) the Agency Introducing a Candidate to the Client;

(b) the Client requesting or conducting an interview or meeting with a Candidate Introduced by the Agency;

(c) the Client Engaging a Candidate Introduced by the Agency; or

(d) the Client passing any information concerning a Candidate Introduced by the Agency to any third party.

For the avoidance of doubt, these Terms shall apply whether or not the Candidate is Engaged in the same position or capacity for which the Candidate was originally Introduced.

2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) 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 a director of the Agency and the Client and 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.

2.4 The Agency acts as an employment agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.

3. Notification and fees

3.1 The Client agrees to:

3.1.1 notify the Agency immediately of the terms of any offer of an Engagement which it makes to the Candidate;

3.1.2 notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency;

3.1.3 pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, by the due date for payment in clause 3.2.1; and

3.1.4 where the Client considers that, prior to the Introduction, a Candidate was already known to and actively under consideration by the Client for an Engagement, notify the Agency in writing within five (5) working days of the Introduction and provide satisfactory documentary evidence that the Client had been in active and substantive contact with the Candidate regarding a potential Engagement during the three (3) calendar months immediately preceding the Introduction.

In the absence of such notification and evidence within that period, the Client shall not be entitled to dispute liability for an Introduction Fee on the grounds that the Candidate was previously known to the Client, and an Introduction Fee shall be payable in accordance with clause 3 if the Candidate is subsequently Engaged.

For the avoidance of doubt, the mere existence of a Candidate's details on the Client's database, applicant tracking system or other records, or any previous application, introduction or communication which does not satisfy the requirements of this clause, shall not of itself constitute prior active consideration.

3.2 The Introduction Fee calculated in accordance with clause 3.3 below is payable if the Client Engages the Candidate within the period of 12 calendar months from the date of (a) the Introduction, (b) the Client's withdrawal of an offer of Engagement or (c) the Candidate's rejection of an offer of an Engagement (whichever is the later).

3.2.1 The Introduction Fee shall be payable within 30 days of the date of the Agency's invoice which shall be rendered once the Candidate commences the Engagement.

3.2.2 Any invoice shall be deemed accepted by the Client unless the Client notifies the Agency in writing within five (5) working days of the date of the invoice, specifying the amount disputed and providing reasonable details of the grounds for the dispute. Where only part of an invoice is disputed, the undisputed amount shall remain payable by the due date.

3.3 The Introduction Fee is calculated in accordance with the attached Fee Structure Schedule based on the Remuneration applicable during the first 12 months of the Engagement.

3.4 Where the actual Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally.

3.5 Where prior to the commencement of the Engagement the Agency and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Introduction Fee will apply pro rata. If the Client (a) extends the Engagement beyond the initial fixed term or (b) re-Engages the Candidate within 12 calendar months from the date of termination of the agreed period of the fixed term Engagement, then the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable for (a) the extended period of Engagement or (b) the period of the second and any subsequent Engagement, subject to the Client not being liable to pay a greater sum in Introduction Fees than the Client would have been liable for under clause 3.3 had the Candidate first been Engaged for 12 months or more.

3.6 The Client's obligations under this clause 3 shall be performed without any right of the Client to invoke set off, deductions, withholdings or other similar rights.

3.7 VAT is charged at the standard rate on all fees.

3.8 The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.

3.9 In addition to any interest payable under clause 3.8, the Agency shall be entitled to recover from the Client any fixed compensation and reasonable costs of recovering any overdue sum to which the Agency is entitled under the Late Payment of Commercial Debts (Interest) Act 1998 and any associated regulations.

4. Refunds

4.1 If, once the Engagement has commenced, the Engagement is terminated by either the Candidate or the Client before the expiry of twelve (12) weeks from the date of commencement of the Engagement, then, subject to the provisions of this clause 4, the Agency will refund the Introduction Fee in accordance with the Scale of Refunds set out in the Schedule attached to these Terms.

4.2 In order to qualify for a refund under clause 4.1:

4.2.1 the Client must have complied with the provisions of clause 3.1;

4.2.2 the Client must notify the Agency in writing of the termination of the Engagement within seven (7) days of notice of termination being given or the Engagement terminating, whichever occurs first; and

4.2.3 the Agency's invoice in respect of the Engagement must have been paid in full by the due date specified in clause 3.2.1.

4.3 For the purposes of this clause 4, the date of termination of the Engagement shall be the date on which the Candidate ceases working or would have ceased working for the Client but for any period of garden leave or payment in lieu of notice, whichever is the later.

4.4 Where clause 3.5 applies, the Introduction Fee calculated in accordance with clause 3.5 shall be payable in full and no refund shall apply.

4.5 No refund shall be payable where the Engagement is terminated wholly or materially as a result of:

(a) redundancy, reorganisation, restructuring or a change in the Client's business requirements;

(b) any material change by the Client to the position, duties, responsibilities, location, Remuneration, benefits or agreed working arrangements relating to the Engagement;

(c) any breach of contract by the Client;

(d) discrimination or other unlawful conduct towards the Candidate; or

(e) any act or omission of the Client which causes or materially contributes to the termination of the Engagement.

4.6 If, subsequent to the Client receiving a refund, the Candidate is re-Engaged within twelve (12) calendar months from the date of termination, the amount of the refund shall immediately become repayable to the Agency. The Client shall not be entitled to any further refund in relation to the re-Engagement of that Candidate.

5. Introductions to third parties

Introductions of Candidates are confidential. If the Client discloses a Candidate's details to a third party, that disclosure shall be deemed to constitute a "Third Party Introduction". If a Third Party Introduction results in an Engagement of the Candidate by that third party within the period specified in clause 3.2, the Client shall be liable to the Agency for payment of an Introduction Fee calculated in accordance with clause 3.3. No refund shall be payable in respect of a Third Party Introduction.

6. Suitability checks

6.1 The Agency endeavours to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to:

6.1.1 ensure that it would not be detrimental to the interests of either the Client or the Candidate;

6.1.2 ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

6.1.3 confirm that the Candidate is willing to work in the position.

6.2 Notwithstanding clause 6.1 the Client must satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:

6.2.1 taking up any references provided by the Candidate before Engaging the Candidate;

6.2.2 checking the Candidate's right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work;

6.2.3 the arrangement of medical examinations and/or investigations into the medical history of any Candidate; and

6.2.4 satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.

6.3 To enable the Agency to comply with its obligations under clause 6.1 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following:

6.3.1 the type of work that the Candidate would be required to do;

6.3.2 the location and hours of work;

6.3.3 the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position;

6.3.4 any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;

6.3.5 the date the Client requires the Candidate to commence the Engagement;

6.3.6 the duration or likely duration of the Engagement;

6.3.7 the minimum rate of Remuneration, expenses and any other benefits that would be offered;

6.3.8 the intervals of payment of Remuneration; and

6.3.9 the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.

7. Confidentiality and data protection

All information relating to a Candidate is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the Data Protection Laws in receiving and processing the data at all times. In addition information relating to the Agency's business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.

8. Liability

8.1 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 a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.

8.2 The Client shall indemnify and keep indemnified the Agency against any Losses incurred by the Agency arising out of (a) any non-compliance by the Client with the Data Protection Laws; or (b) any breach of these Terms by the Client.

9. Notices

Any notice required to be given under these Terms shall be in writing and may be delivered personally, sent by first class prepaid post to the registered office or other address notified in writing by the relevant party, or sent by email to an email address ordinarily used by that party for business communications.

Any notice shall be deemed to have been received: if delivered personally, when delivered; if sent by first class post, forty eight (48) hours after posting; and if sent by email, at the time of transmission provided that the sender has not received notification that delivery has failed.

10. General

10.1 Severability. If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

10.2 No waiver. No failure or delay by the Agency in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

10.3 Third party rights. A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

11. Governing law and jurisdiction

These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

Schedule: fee structure (clause 3.3)

Schedule: scale of refund (clause 4.1)

1. The following Scale of Refund applies only where the Client qualifies for a refund in accordance with clause 4 of these Terms.

2. Where the Candidate's Engagement is terminated during the first twelve (12) weeks of the Engagement, a refund of the Introduction Fee shall be paid to the Client in accordance with the scale below, subject to the provisions of clause 4.

3. There will be no refund where the Candidate's Engagement is terminated (or the Engagement would have terminated but for any period of garden leave or payment in lieu of notice) during or after the 13th week of the Engagement.

Other policies: Privacy notice · Data protection policy · Modern slavery policy