Employer Terms & Conditions

1. DEFINITIONS

1.1 In these Terms of Business the following definitions apply:

“Associated company” means any subsidiary or holding company (as defined by Section 736 Companies Act 1985) of the Client together with any company in which the Client owns 20% or more of the equity capital (whether directly or indirectly) or any company which owns 20% or more of the equity capital of the Client or which is controlled by the same shareholder or which has the same holding company as the Client.

“Applicant” means the person introduced by the Agency to the Client for an Engagement including members of the Agency’s own staff;

“Client” means any client of Grad Central to whom an Applicant’s details are given and any Associated company of the client.

“Agency” means Grad Central of Unit 3, The Courtyard, Roman Way, Coleshill, Warwickshire B46 1HQ

“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement

“Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or other information which identifies the Applicant; and which leads to an Engagement of that Applicant

1.2 Unless the context requires otherwise, references to the singular include the plural

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

2. OBLIGATIONS

2.1 Although Grad Central will make all reasonable enquiries of the Applicants, all information supplied to the Client concerning the history, character, experience, capabilities or suitability of the Applicant for the post is given as agent for the Applicant. Grad Central does not warrant the truth or accuracy of that information. It is the Client’s responsibility to satisfy itself that the Applicant has the necessary skills, aptitude and ability to perform the services required by the Client.

2.2 The Client is responsible for obtaining work and other such permits as necessary and for making all necessary arrangements and medical examinations and/or other investigations into the medical history and experience of the Applicant.

2.3 The Client, with the consent of the Applicant, will be responsible for taking up references before engaging the Applicant.

2.4 The Client is liable for the Applicant’s interview expenses, which must settled direct with the Applicant.

3. CONFIDENTIALITY

3.1 The Client undertakes to treat all information received in respect of any Applicant in the strictest confidence and only to use that information in connection with the potential recruitment of the Applicant. In particular, the Client will not approach the Applicant’s current employer directly or indirectly without the Applicant’s consent.

3.2 All communications with an Applicant must be made through Grad Central.


4. THE CONTRACT

4.1 These Terms and Conditions can be accepted by the Client in writing or verbally and are deemed to be accepted by the Client by virtue of an Introduction to an Applicant.

4.2 Unless otherwise agreed in writing by the Agency, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Client.

4.3 No variation or alteration of these Terms of Business shall be valid unless approved in writing by the Consultancy.


5. NOTIFICATION AND FEES

5.1 The Client agrees:
a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant
b) To notify the Agency immediately that its offer of an Engagement has been accepted and to provide details of the remuneration to the Agency
c) To act lawfully and in good faith and act reasonably when assessing and evaluating the suitability of an Applicant for an Engagement including complying with employment and/or discrimination and guidelines
d) If applicable, to pay the Agency’s fee within 14 days of the date of invoice

5.2 Clients may be entitled to their first placement on a fee-free basis. Fee free placements must meet the criteria outlined under Clause 5.5

5.3 Fees will be calculated on the following scale:

Starting salary up to and including £20000 10% of salary

Starting salary £20001 and above 17.5% of salary

VAT will be charged at the prevailing rate

5.4 If the Applicant terminates his/her employment with the Client or if the Client lawfully terminates such employment (except by reason of redundancy) within six weeks of the date on which the Applicant commenced his/her employment then, provided that the Client notifies the Agency in writing of the termination of the employment within 5 working days and provided payment has been received by Client for the Applicant, the Client will be entitled to a refund calculated as follows:

- Termination within 2 weeks of commencement - 90% of fee refunded

- Termination within 4 weeks of commencement – 40% of fee refunded

- Termination within 6 weeks of commencement – 10% of fee refunded

As an alternative to the refund of the fee, the Agency will provide a full service to replace the Applicant if they terminate his/her employment of the Client terminates such employment (except by reasons of redundancy) within six weeks of the date on which the Applicant commenced his/her employment, provided that the Client notifies the Agency in writing of the termination of the employment within 5 working days.

5.5 To be eligible for a fee free placement, the Client must meet each of the following criteria:

a) Roles must be based within at least one of the following locations: Shropshire, Staffordshire, Warwickshire, Worcestershire, the unitary authorities of Herefordshire, Stoke-on-Trent, Telford and Wrekin, the metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall, Wolverhampton.

b) Clients must reply to CV submissions within 48 working hours and provide feedback to their Grad Central Account Manager following interviews within 24 working hours.

c) Clients must complete all paperwork associated with the award of Advantage West Midlands funding including the completion of a De Minimus State Aid funding declaration (confirming that the Client has received no more than £120k of State Aid funding in the preceding 36 months) and Job Creation/Graduate into Employment forms.

d) It is the first Engagement by Grad Central with the Client.


5.6 The Client agrees to pay the Agency’s fees within 14 days of invoice. VAT will be charged at the prevailing rate.

5.7 No fee is incurred by the Client for any Introduction until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees.

5.8 The Agency reserves the right to charge interest on overdue amounts from the due date until the date of payment calculated at a rate of 3% above HSBC Bank Plc base rate in force from time to time.

6. WITHDRAWL

6.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client is not responsible for any fees.

7. INTRODUCTIONS

7.1 Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Agency’s fee as set out in clause 5.3.

7.2 An introduction fee calculated in accordance with clause 5.3 will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency’s Introduction.

8. LIABILITY

8.1 Grad Central will not be liable under any circumstances for any loss, damage or expense of whatever nature suffered or incurred by the Client arising from or in connection with Grad Central seeking an Applicant for the Client of the Introduction by Grad Central to the Client of any Applicant or the employment or engagement of any Applicant by the Client.

8.2 Nothing in these Terms and Conditions excludes or restricts the Agency’s liability for death or personal injury resulting from its own negligence.

9 GOVERNING LAW/JURISDICTION

9.1 These Terms and Conditions will be governed by English law and the parties agree to refer any disputes to the exclusive jurisdiction of the English Courts.