Terms of Business
We are Finda Professional Services Ltd (12061995) of Unit 15 Basepoint, 1 Winnall Valley Rd, Winchester, SO23 0LD. Below are our terms of business which govern the professional recruitment services we offer both clients and applicants.
1.1. We aim to provide reliable high-quality professional recruitment services by working as a virtual recruitment partner who supports candidates and customers with a verity of professional recruitment services.
1.2. When you work with us a contract is created between us, Finda Professional Services Ltd, and you.
1.3. All of this cannot be put into a single document and so we set out below what we think you might wish to know at this stage and what we need to agree with you. We may well need to provide further information or documentation depending on the nature of your instructions or how you engage with us.
1.4. The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.5. These terms of business are designed to regulate the relationship between the Company, Applicants and Clients in respect of any Campaigns or provision of Recruitment Services the Company provides.
1.6. These terms of business are deemed to be accepted by the Client when the Recruitment Services of the Company have been requested for in writing. Writing includes any form of written communication including email, text message or any other form of electronic communication and correspondence.
1.7. Unless otherwise agreed in writing by a Director of the Company, these Terms of Business shall prevail over any other Terms of Business or purchase conditions put forward by the Client.
1.8 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Director of the Company.
2.1 In these Terms of Business the following definitions apply:
2.1 “Company” means Finda Professional Services Ltd (12061995), Unit 15 Basepoint, 1 Winnall Valley Rd, Winchester, SO23 0LD.
2.2 “Client” means the person, organisation, charity, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 who has requested the services or information about such services delivered by the Company.
2.3 “Applicant” means any person who has applied to a job advert managed by the company, contacted the Company directly in respect of finding work, is held on the Company database, contacted by the Company directly about a job or been passed to the Company by the Client to process on their behalf.
2.4 “Job Boards” will include but is not limited to any media where jobs will be advertised on behalf of the Company or its Clients, this include websites, printed media, TV, Radio or Social Media Sites.
2.5 “Recruitment Services” can include any services offered by the Company designed to assist the Client with the recruitment of a vacancy or an applicant secure work, this includes but is not limited to the following:
2.6 “Vacancy” means a job opportunity offered to Applicants by the Client which the Company is providing recruitment services for.
2.7 “Campaign” means a collection of Vacancies and, or a verity of recruitment services where the client has instructed the services of the company.
2.8. The Company reserves the right to utilise any job boards it feels are suitable for the Vacancy being advertised unless specific Job Boards have been instructed by the Client.
2.9. The Client agrees to the use of its brand or logo by the Company for the purposes of advertising a Vacancy, delivering the required Recruitment Services and marketing purposes. The Company will require a copy of the client’s company logo/s in a suitable format either .jpg, .gif, .png.
2.10. References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it.
3. Responsibility for your work
3.1 Any paid work undertaken by the company for the client will be confirmed to the client in writing and a log kept of the work done.
3.2 Your main point of contact will be the person named in your booking confirmation, the recruiter who communicated with you or your assigned Client Delivery Partner. In their absence, please refer to any member of the team or department for assistance.
4. Client Instructions and our services
4.1 Client instructions are confirmed by these Terms of Business the Booking Confirmation and any other written confirmation sent to the Client of work the Company is undertaking on the Clients behalf. These written documents together form the basis upon which we accept those instructions and our contract with you.
4.2 If you have any queries as to this please contact the person handling your matter.
5. Fees & Expenses
5.1. At the time of instruction, the Company will discuss fees and the costs for our services with the Client. We will confirm these fees in the Booking Confirmation or in the case of additional or supplementary work in a written confirmation email.
5.2. The Applicant is never charged any fees by the Company or the Client.
5.3. The Booking Confirmation will confirm the specific hourly rates, price per day, price per credit or job advertising rates applicable to the services agreed. In cases where work is agreed in association to a booking confirmation a separate written confirmation of work being undertaken will be sent to the client detailing the specifics of the work being undertaken and the costs associated.
5.4. Unless otherwise stated in the Booking Confirmation where time is the service being charged it includes the companies time for any meetings with the client, any work undertaken on behalf of the client, any time taken to perform the administration and reporting of work done for the client or any other use of time directly relating to work or the conducting of work on behalf of an individual client.
5.5. The company will charge for additional expenses and services carried out on the client’s behalf. These expenses or additional services will be agreed with the client and confirmed in writing by Booking Confirmation or email.
5.6. Fees and expenses are payable by the Client whether the service results in the hire of an applicant or not.
5.7. The Company and Client can agree a limit on the fees which is not to be exceeded without express written agreement to do so. These limits will be outlined in the Booking Confirmation. If limits need to be adjusted, please contact the person dealing with the matter.
5.8. All fees and expenses due will be invoiced according to the Booking Confirmation.
5.9. The company reserves the right to:
5.9.1. ask the Client for money in advance to cover any fees, supplementary expenses or fees not contained in the booking confirmation;
5.9.2. stop the service if the Client fails to pay any invoice.
5.10. Our fees and any other expenses are exclusive of VAT which will be added to them where applicable.
5.11. We review our rates and fees periodically. If this results in changes to the fees indicated in your booking confirmation, we will discuss this with you and confirm the position in writing.
5.12. The Company reserves the right to charge late payment fees on invoiced amounts unpaid for more than 14 days after the due date. This late payment fee is 20% of the total amount invoiced. The company also reserves the right to revoke any agreed discounts or special offers for amounts which remain unpaid after this period and the amount due will revert to the original full price before discounts or special offers were applied.
5.13. The payment terms for all invoices is 7 days from date of the invoice, unless expressly agreed otherwise in the booking confirmation.
5.14. The company reserves the right to ask for payment up front for its service before commencing work if the Client fails to pass its credit check process or pays more than 2 invoices late in a 24-month period.
5.15. If a Client challenges an amount owed to the company and does not pay the invoice on time late payment fees will still apply if the Clients challenge results in the invoice amount still being due. If the challenge results in the invoice amount changing the new amount owed is always due to be paid within 7 days of the date when the new invoice is issued. After 14 days any new invoice which is not paid in full will be subject to the late payment fee of 20% resulting in this amount being added to the invoice amount.
6. Client Reporting
6.1. The company will report to the Client on the progress and status of their account on a regular basis (weekly, monthly or quarterly) as agreed with the client.
6.2. This reporting can include but is not limited to the following:
7. Confidentiality, Privacy & Data Protection
7.1. The Company and the Client both agree to maintain the highest standards of professionalism before, during and after any Campaign including keeping information confidential between the parties and any private or personal data must be stored securely.
7.2. Any Personal Data held by the company relating to the applicant will only ever be shared with a 3rd party when required to do so by law or where a legitimate interest can be established where the sharing of such data is used for the sole purpose of an applicant securing work.
7.3. The Company will store personal information including but not limited to Curriculum Vitae, Job Specs and other job-related documentation of Applicants and Clients. This stored information will be stored securely on password protected internal systems and systems hosted securely by 3rd party providers.
7.5. The Company strives to keep all Client and Applicant information and data secure this includes all electronic information which is stored on the Company database and systems. However, the Company or its Clients can’t be held responsible for cyber-attacks, virus or malicious actions which result in confidential Applicant or Client or Company data being obtained by a 3rd party unlawfully.
7.6. The Client is also in receipt of confidential and potentially sensitive data from the Company and Applicants. The Client assures reasonable steps will be taken to protect all confidential and sensitive information in line with Data Protection legislation and acknowledge that they will be held responsible for any failings or losses because of Data Protection Laws not being adhered to by them.
7.7. As a minimum, the Client will ensure the following in relation to data protection and privacy:
7.8. The Client may be subject to investigative and corrective powers of supervisory authorities (such as the ICO) under Article 58 of the GDPR;
7.9. The Company agrees:
8. Suitability and Applicant Checks
8.1. The Company endeavours to ensure the suitability of any Applicant sent to the Client but cannot be held responsible for the representations made by any Applicant to the Company or Client. The Client must satisfy itself as to the suitability of the Applicant and shall be responsible for the uptake of any references provided by the Applicant before engaging such Applicant. The Client shall also be responsible for obtaining right to work documentation and other permits if required, for the arrangement of medical examinations and/or investigations into medical history of any Applicant and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
9. Introductions, Introductions to 3rd Parties
9.1. If requested as a Recruitment Service the Company will filter applications and deliver the most relevant applicants to the Client in a format agreed with the Client. These Applicants will be screened in line with the criteria agreed with the Client and any relevant legislation before shortlisted Applicants are passed to the Client as an introduction.
9.2. The Company will manage all Applicants using its purpose built Applicant Tracking Software. Clients who want Applicants delivered to their own systems or databases must request this in writing and provide the Company with all the information required to manage this delivery of Applicants. Applicants transferred to the Client’s systems will be introductions. The client must assure the Company of the security of candidate data held on any of their own systems.
9.3. Clients will have access to their own area of the Companies Applicant Tracking Software to view Applicants contained on the Company’s database. Any applicant on this database can be contacted for the sole purpose of securing work and Applicants acknowledge that their data is stored and accessed for this purpose of introducing them to work opportunities.
9.4. Clients have full access and joint ownership with the Company of all Applicant data relating to applications made to their own recruitment campaigns. Clients can request this data to be transferred to their own systems if they no longer wish to engage with the Company. Clients who wish to transfer this Applicant data must pay the Company an administration fee for all works carried out to extract and deliver applicant data to them in a suitable format. This fee would be no more than £2000+VAT with the final cost depending on the volume of data required and work involved to transfer it.
9.5. The Client agrees that all Applicant data will be held on the Company database and that the Company has the right to communicate with all applicants who are held on this database for the purposes of finding work. This will include the company introducing applicants to 3rd parties where suitable opportunities exist for the applicant.
9.6. The Client also agrees that they won’t share applicant details with any 3rd party for any reason other than where legally required to do so or to complete its own pre-employment checks using 3rd party providers.
9.7. If the Client ignores 9.6 and introduces an applicant to a 3rd party for any reason other than where legally required to do so the Client will be liable for any breach of data regulations including GDPR and any fines resulting from such breach of data security regulations. The Company will also charge a fee of £5,000 for any breach of this clause as compensation for work required to report and administrate a claim for a breach of data security regulations. This fee is due immediately and is imposed to deter the Client from passing on confidential applicant information to 3rd parties and ensure all data security regulations are complied with.
9.8. The charge of any fees outlined in 9.7 will be waived if the Client receives written authorisation from the Applicant and Company to pass on such information to a 3rd party.
9.9. If a Client offers employment to any employee of the Company after being introduced through the work of the Company, the Company has the right to charge an introduction fee of 30% of the annual salary offered to the employee by the Client. This is to prevent Clients offering employment to the employees of the Company but should this occur suitable compensation is provided to the Company by the client for the loss of that employee.
10. Limitation of Liability
10.1. The Company accepts a maximum aggregate liability to Clients and Applicants for any loss arising out of or in connection with this agreement or the Recruitment Services provided. This shall not exceed five thousand Pounds (£5,000).
10.2. The Company shall in no event be liable for any indirect loss, regardless of whether such losses are foreseeable and whether caused by our negligence arising out of or in connection with the Recruitment Services offered.
10.3. The Company are not liable for any of the following:
• Loss of revenue
• Loss of opportunity
• Loss of employment
• Loss of reputation; or
• Loss or corruption of data
In each case whether direct or indirect.
10.4. Nothing in these Terms shall have effect to limit the company liability for loss or damage arising out of personal injury or death or acts of fraud.
10.5. All introductions of Applicants to the Client are made in line with current anti-discrimination law and all reasonable steps are taken to ensure all anti-discrimination laws are complied with. The Company accepts no responsibility or liability should the Client’s recruitment process prove to be in contradiction of any anti-discrimination laws or an advert approved for posting by the client on a job board is subsequently found to breach any such laws.
11.1. The company may terminate this agreement at its sole discretion if:
11.2. Applicants or Clients can terminate this agreement and cease to use the Recruitment Services provided by the company by giving the company 28 days written notice at any time. We will then close your account once any amounts outstanding are paid and transfer any candidate data held on our systems relating to client vacancies if requested and the associated fees are paid.
12. Governing Law and Jurisdiction
12.1. The laws of England and Wales govern this agreement and all non-contractual obligations arising out of it. The parties submit to the exclusive jurisdiction of the English Courts.