Delstad Recruitment LTD
Company number 16051078 20 Wenlock Road, London, England, N1 7GU
Terms and Conditions of Business
of recruitment services for candidates
By signing here below or accepting these terms by means of electronic communication, or otherwise expressing its desire to order the services, the Candidate agrees to and shall abide by the terms of these Terms and Conditions (Agreement).
DEFINITIONS & INTERPRETATION
In this Agreement, the following definitions apply:
Agency means Delstad Recruitment LTD, company number 16051078, whose registered address is at 20 Wenlock Road, London, England, N1 7GU;
Candidate means a person who is seeking work opportunity via the Agency’ services (you).
Contractor means a Candidate who was Engaged as a result of the Agency's services.
Assignment means the permanent, fixed-term, or temporary role carried out by the Contractor for the Client;
Assignment Schedule means the document issued by the Agency with details of the Assignment and any Special Conditions;
Client means the person, firm or corporate body (together with any holding, subsidiary or associated company) identified in the Assignment Schedule and, where appropriate, includes any client of the Client;
Confidential Information means all commercial, financial, marketing, technical or other information, trade secrets, knowhow or data of whatever nature relating to the Client or the Agency and their business or affairs, in any form whatsoever, which is provided to the Candiate\Contractor, or which the Candidate\Contractor becomes aware of during an Assignment but excluding any information in the public domain, unless placed in the public domain by the Candiate\Contractor in breach of confidentiality;
Engage” / “Engaged”/ “Engagement” means, as the context shall require, the Candidate commencing work and thereafter working for the Client;
Restricted Period means the twelve-month period following the end of the Assignment;
Special Conditions means any conditions, obligations or requirements which are specific to an Assignment and which are set out in an Assignment Schedule;
Timesheet means the document detailing the days and times in which the Contractor has performed the Assignment as a temporary worker.
WHEREAS:
The Candidate seeks for the Agency to find them a job and by registering, unconditionally agrees that the Agency may at its discretion utilise and disclose some of the information provided to the Agency by the Candidate (including, without limitation, personal data) in order to secure the Candidate a money earning opportunity, all subject to the provisions of this Agreement.
The Agency may use social media (Facebook, Linked In, Twitter, Instagram, Google, etc.) in order to secure a potential employment opportunity for the Candidate, and by continuing to use the Agency services, the Candidate agrees to give permission for the Agency to do so.
By continuing to work with the Agency, the Candidate gives their unwavering consent for the Agency to contact them via mass mail and automated calls until the Candidate requests to opt out, -
NOW THEREFORE THE PARTIES AGREED AS FOLLOWS.
1. Scope of Agreement
1.1. This Agreement outlines the terms and conditions under which the Agency will assist the Candidate in securing suitable employment opportunities based on the Candidate’s skills, experience, and professional objectives.
2. Agency Services
2.1. The Agency agrees to:
- Conduct a comprehensive assessment of the Candidate's qualifications, skills, and experience;
- Identify and present relevant job opportunities that align with the Candidate's professional goals;
- Provide guidance on the job search process, including CV and interview preparation, where applicable;
- Negotiate employment terms with potential employers on behalf of the Candidate.
3. Candidate's Obligations
3.1. The Candidate or the Contractor (as the case may be) agrees to:
- Provide accurate, truthful, and complete information regarding their employment history, skills, qualifications, and references;
- Actively engage with the Agency’s efforts to secure employment, including attending interviews and responding promptly to job-related communications;
- Inform the Agency of any employment offers, contract terms, or conditions discussed directly with potential employers;
- Maintain confidentiality regarding any proprietary or sensitive information about potential employers received from the Agency;
- to inform the Agency 24 hours in advance by email or telephone of any cancellation of interview;
- when the Client offers the Candidate a job opportunity, the Candidate agrees to immediately notify the Agency of all details concerning the role and the Candidate will not commence work on the Client’s behalf until instructed to do so by the Agency;
- to seize working for the Client, as instructed by the Agency, until all the Fees have been paid in full by the Client;
- should the Candidate be contacted directly by the Client or their employees, acquaintances, family members, friends or others associated with the Client, to whom the Candidate has been introduced to through the Agency within a 12-month period following the termination of Engagement, the Candidate will notify the Agency immediately;
- not to exchange or accept any personal information with /from the Client unless authorised to do so by the Agency in writing;
- immediately after any meeting or conversation between the Candidate and the Client to notify the Agency of the outcome of that meeting or conversation prior to any Engagement;
- if the Contractor was successful in earning monies through an introduction via the Agency but failed to notify the Agency and continued earning, the Contractor agrees to reimburse the Agency with a Fee provided herein;
- on a Contractor’s start of Engagement and throughout the duration of their Engagement, to disclose their agreed salary in full to the Agency upon request and if requested, provide the Agency with bank statements.
4. Temporary Placement
4.1 If the Candidate is employed in a temporary position, the Candidate will not contact the Client directly unless authorised to do so by the Agency.
4.2. The Candidate will not contact the Client following temporary position for a 12-month period starting from the termination of this Agreement.
4.3. The Agency will not reimburse any expenses of the Candidate\Contractor.
4.4. The Candidate\Contractor will not discuss any financial agreements with the Client directly during and for a period of 12 months following their final day of work for that Client.
4.5. The Candidate will be obligated to pay an Administration Fee as provided herein, if they offer their services directly to a Client, which the Client accepts.
4.6. Under no circumstance is the Contractor to pursue payment from the Client directly.
4.7. The Contractor shall receive the payment for the services provided to the Client on the terms provided in the Assignment Schedule.
4.8. Notwithstanding the forthgoing, the first payment shall be made to the Contractor after the first 3 weeks of Engagement. This period is necessary to optimize the Agency's cashflow, and by signing here below the Candidate unconditionally agrees to the abovementioned term.
5. Administration Fees
5.1. For avoidance of doubt, the Agency DO NOT charge Fees, for registration or the introduction to potential employers. The Agency seek to charge the employer and will only charge the Candidate if the terms of this contract are broken by the Candidate resulting in a financial loss to the Agency as a direct result of the Candidates actions.
5.2. In the event that a Candidate accepts a Job Offer from a Client, and the Client refuses to pay the Agency placement fee, but the Candidate\Contractor continues to work for the Client ignoring instruction from the Agency to stop working, the Candidate\Contractor agrees to reimburse the Agency an Administration Fee of 25% of the Candidate's\Contractor's annual remuneration or 5,000.00 GBP (five thousand Great Britain Pounds) whichever is higher.
5.3. If the Candidate\Contractor exchanges personal contact details without written consent from the Agency with the Client, the Candidate agrees to pay an Administration fee of 500.00 GBP (five hundred Great Britain Pounds) excluding VAT within 7 days of invoice.
5.4. If the Candidate offers their services to the Client without informing the Agency and the Client accepts the offer, the Candidate\Contractor agrees to pay an Administration Fee of 25% of their total earning for a period of 24 months.
5.5. If the Candidate wishes to transfer to another agency or terminate this Agreement for other reasons, the Candidate agrees to reimburse the Agency an Administration Fee of 5,000.00 GBP (five thousand Great Britain Pounds), which covers expenses of the Agency for registration, introduction to potential employers and placement.
6. Payment Terms and Expenses
6.1 The Agency is not responsible for the Candidate’s\Contractor's expenses unless otherwise priorly agreed in written by the Agency. However, the Agency shall use its reasonable endeavours to negotiate for the reasonable expenses incurred by the Contractor to be reimbursed by the Client if requested by the Contractor.
7. Employment
7.1 The Agency may negotiate an employment of the Candidate with a third-party company for the purpose of further temporary placement with the Client. The Candidate obligated to reasonably support and assist the Agency during such employment process.
7.2. The Contractor must at all times and on all occasions dress in a manner that reasonably and properly identifies and reflects professional standards of the services being performed by the Contractor.
7.3 During their Engagement, the Contractor agrees to;
a) arrive at work on time;
b) if the Contractor appears late but has respectable reason for the lateness, to provide supporting evidence;
c) to behave themselves in a professional and appropriate manner at all times;
d) request training and/or supervision from the Client or other staff where it is required.
e) not to violate the working schedule;
f) not to mislead or deceive the Client;
g) not to use any mind affecting substances when working for the Client.
8. Termination
8.1 In the event that the Contractor wishes to terminate their employment, the Contractor agrees to notify the Agency prior to notifying the Client.
8.2 Where it is appropriate and where a notice period has been agreed with the Client, the Contractor agrees to continue working for the Client until the date to which they are bound by that Assignment Schedule.
9. Amendments
9.1 This Agreement may only be amended in writing signed by duly authorised representatives of the Parties.
10. Assignment
10.1 Subject to the following, neither Party may assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of the other Party. The Agency may, however, assign and transfer all its rights and obligations under this Agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this Agreement.
11. Entire Agreement
11.1 This Agreement contains the whole Agreement between the parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.
12. Waiver
12.1 No failure or delay by the Agency in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any
rights and remedies provided by law.
13. Notices
13.1 Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail or air mail, or by facsimile or e-mail (confirmed by first class mail or air mail), to the address of the relevant Party set out in this Agreement, or to the relevant facsimile number set out below, or such other address or facsimile number as that Party may from time to time notify to the other Party in accordance with this clause.
14. Law and Jurisdiction
14.1 The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
15. Third parties
15.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
16. Limitation of Liability
16.1. The Agency shall not be liable for any losses, damages, costs, fees (including legal fees), claims (whether actual or threatened) and expenses suffered or incurred by the Candiate\Contractor arise out of or in connection with the Client’s breach of any obligation, negligence or other tortious act or breach of statutory duty.
16.2. The Agency shall not be liable for any liability for Tax (including any fines, penalties or interest) which may be imposed upon or assessed against the Contractor in relation to Assignment.
16.3. The Agency shall not be responsible for early termination of Assignment by the Client for whatsoever reason, as well as for stopping the interview at any stage by the latter.
16.4. The liability of the Agency to the Candiate\Contractor in respect of any claim or series of claims arising out of or in connection with this Agreement shall be limited to the amount of 2,000.00 GBP (two thousand Great Britain Pounds).
By signing below, І acknowledge that І have fully read and understood the document of the Terms and Conditions and І unconditionally accept all aforementioned parts of this Agreement.
Details of the Candidate:
Name _______________________
Date of birth _______________________
Address _______________________
Passport\ID _______________________
Tax number _______________________
Phone _______________________
Email _______________________
Signature _______________________