Heyland Recruitment
Chester: 01244 335115
Warrington: 01925 425952

Terms & Conditions

RECITALS

(A)                Heyland carries on the business of providing Recruitment Services.

(B)                The Client has instructed Heyland to supply a Candidate on the terms of, and subject to, these Conditions.

 

IT IS AGREED as follows:

  1. DEFINITIONS AND INTERPRETATION
  1. In these Conditions the following definitions apply:

 

 “Candidate”                                         any person Introduced to the Client by Heyland as a possible candidate for the Engagement;

 

“Charges”                                              the charges payable by the Client in respect of the Engagement or otherwise as set out in clause 4.;

 

“Client”                                                  the person, firm or corporate body together with any holding company, subsidiary or associated company (each as defined by the Companies Act 2006) to whom the Candidate is supplied or Introduced by Heyland;

 

“Conditions”                                         the terms and conditions set out in this document as amended from time to time in accordance with clause 12.1;

 

“Heyland”                                              Heyland Recruitment Limited (Co. No. 07195833) whose registered office is at Holly House, Village Road, Christleton, Chester, Cheshire, CH3 7AS;

 

“Engagement”                                     the engagement or employment of the Candidate, directly or indirectly, on a permanent basis; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

 

“Introduction”                                     means:

 

(a)       the passing to the Client of a curriculum vitæ and/or other information which identifies the Candidate; or

 

(b)       the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to Heyland to supply a candidate;

 

and “Introduces” and “Introduced” shall be construed accordingly;

 

“Losses”                                                 all losses, liabilities, damages, costs, expenses 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;

 

Recruitment Services”                      the sourcing and supply of candidates to provide services to third parties;

 

“Remuneration”                                  includes gross 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 taxable, (and, where applicable, non-taxable) payable to or receivable by the Candidate. Where a company car is provided, a notional amount, being £5,000, will be added to the sums payable to or receivable by the Candidate in order to calculate the Charges;

 

VAT”                                                      value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement or additional tax.

 

“Data Protection Laws”                     all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK);

 

  1. Unless the context otherwise requires, references to the singular include the plural and   references to the masculine include the feminine and vice versa.
  1. The headings contained in these Conditions are for convenience only and do not affect their interpretation.
  1. References to clauses and the Schedule are to the clauses of, and Schedule to, these Conditions.
  1. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  1. A reference to a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  1. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

  1. THE CONTRACT
  1. These Conditions constitute the agreement between Heyland and the Client for the supply by Heyland of a Candidate. These Conditions are deemed to be accepted by the Client by virtue of its request for, interview with, or Engagement of, a Candidate or the passing of any information about a Candidate to any third party following an Introduction.
  1. These Conditions contain the entire agreement between the Client and Heyland and, unless otherwise agreed in writing by a Director of Heyland, shall prevail over any terms of business or purchase conditions (or similar) put forward by the Client.
  1. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Heyland which is not set out in these Conditions.

 

  1. INFORMATION TO BE PROVIDED
  1. The Client shall notify Heyland and provide Heyland with such information as is reasonably required by Heyland so as to consider the suitability of a Candidate for the Engagement including, without limitation:
  1. details of the Engagement, including job role, location, guide remuneration and hours and days of work required for the Engagement;
  1. the date on which the Client requires the Engagement to commence;
  2. whether the Engagement is for a fixed term or ongoing;
  1. any risks to health and safety and the steps to prevent or control such risks;
  1. the experience, training, qualifications, accreditations and any authorisation which the Client considers are necessary, or which are required by law or any professional body for the Engagement; and
  1. any expenses payable to the Candidate.
  1. The Client agrees to:
  1. keep Heyland informed of its intentions in relation to the Engagement of a Candidate; and
  1. notify Heyland immediately upon an Engagement being accepted by a Candidate.

 

  1. CHARGES
  1. The Client agrees to pay the Charges in accordance with this clause 4. VAT is payable by the Client in addition at the prevailing rate on the entirety of the Charges.
  1. The Charges are a percentage of the Candidate’s Remuneration payable to or receivable by the Candidate during the first 12 months of the Candidate’s Engagement, subject to a minimum Charge of £1,500 plus VAT.    Where the hours are part-time the salary shall be equated to the full-time equivalent and the fee levied accordingly.
  1. The Client shall provide to Heyland all information reasonably requested by Heyland in order to calculate the Charges payable. Where the actual amount of the Remuneration payable to the Candidate in respect of the Engagement is not known, Heyland reserves the right to calculate the Charges based on a reasonable estimate of the Remuneration for the first 12 months of the Engagement.
  1. In the event that the Engagement is for a fixed term of less than 12 months (such fixed term being the Initial Fixed Term), the Charges will apply pro-rata to a minimum 1 month period, save that if the Engagement is extended beyond the Initial Fixed Term, the Charges shall be increased pro-rata to take into account the Remuneration payable to the Candidate during such extended term.
  1. The Client shall pay the Charges within 14 days of the date of Heyland’s invoice for such amount.
  1. Heyland reserves the right to vary the Charges by giving written notice to the Client.
  1. Heyland reserves the right to charge interest on any invoiced amounts unpaid by the due date at the rate of 4% per annum above the base rate from time to time of the Bank of England from the due date until the date of cleared payment.
  1. The Client’s obligations under this clause 4 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.

 

  1. REFUND
  1. If a Candidate is Engaged and subsequently leaves within 12 weeks of commencement of the Engagement for any reason other than through redundancy or constructive dismissal, provided that Heyland is notified in writing within seven days of termination of the Engagement and provided that the Client has paid the Charges within 14 days of the date of the invoice, Heyland will attempt to find a replacement Candidate. 
  1. If Heyland is unable to find a replacement Candidate, Heyland will refund to the Client a proportion of the Charges as follows:
  1. You agree to promptly repay any refund which is either not due to you, or, if you re-Engage the relevant Candidate within 12 months of the termination which entitled you to the refund.
  1. There shall be no refund where the Engagement is for a fixed term contract.

 

  1. CONFIDENTIALITY AND DATA PROTECTION
  1. All information relating to a Candidate is confidential and where that information relates to an individual is also subject to the Data Protection Laws and is provided solely for the purpose of providing the Recruitment 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 comply with the Data Protection Laws in receiving and processing the data at all times.
  1. All and any information relating to Heyland'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 or as required by law, a court of competent jurisdiction or any governmental or regulatory authority.

 

  1. LIABILITY
  1. Nothing in these Conditions shall limit or exclude Heyland’s liability for:
  1. death or personal injury caused by its negligence; or
  1. fraud or fraudulent misrepresentation; or
  1. any other liability which cannot be limited or excluded by applicable law.
  1. Subject to clause 7.1, whilst reasonable efforts are made by Heyland to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability of the Candidate for the Engagement, no liability is accepted by Heyland for any Losses arising:
  1. from the failure to provide a Candidate suitable for the Engagement; or
  1. from the negligence, dishonesty, misconduct or lack of skill of the Candidate; or
  1. if a Candidate chooses not to accept an Engagement for any reason.
  1. Subject to clause 7.1 and 7.2, Heyland shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with an Engagement for:
  1. loss of profits;
  1. loss of sales or business;
  1. loss of agreements or contracts;
  1. loss of anticipated savings;
  1. loss of or damage to goodwill;
  1. loss of use or corruption of software, data or information; or
  1. any indirect or consequential loss.
  1. Subject to clause 7.1, clause 7.2 and clause 7.3, Heyland’s total liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with an Engagement shall be limited to the greater of:
  1. the Charges received by Heyland in respect of such Engagement; and
  1. the insurance cover effected by Heyland and actually available to meet the claim in question.
  1. Neither the Candidate nor any of its officers, employees, representatives, assignees or subcontractors are under the supervision or control of Heyland. The Client will comply in all respects with all relevant statutes, by-laws, codes of practice and legal requirements including the provision of adequate public liability insurance in respect of the Candidate.
  1. The Client shall indemnify and keep indemnified Heyland against any Losses incurred by Heyland arising out of, or in connection with, any Engagement or arising out of, or in connection with, any non-compliance with and/or as a result of any breach of these Conditions by the Client or any of its officers, employees or agents.

 

  1. NOTICES

All notices which are required to be given in accordance with these Conditions shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that such party has notified the other party in writing or by email to such party’s email address (notified in writing to the other party). Any such notice shall be deemed to have been served: (i) if by hand, when delivered; (ii) if by first class post, 48 hours following posting; and (iii) if by email, when that email is sent.

 

  1. SEVERANCE

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.

 

  1. RIGHTS OF THIRD PARTIES

No one other than Heyland or the Client shall have any right to enforce any of these Conditions.

 

  1. ASSIGNMENT

The Client is not entitled to assign the benefit of these Conditions. Heyland can assign the benefit of these Conditions

 

  1. VARIATION AND WAIVER
  1. Save as provided by clause 4.6, no variation or alteration to these Conditions shall be valid unless the details of such variation are agreed by a Director of Heyland and are set out in writing.
  1. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not (i) waive that or any other right or remedy or (ii) prevent or restrict the further exercise of that or any other right or remedy.

 

  1. GOVERNING LAW AND JURISDICTION
  1. These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or its or their subject matter or formation shall be governed by and construed in accordance with the law of England.
  1. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or its or their subject matter or formation.