Ignite - Terms of Business for the Introduction of Permanent & Temporary Staff
This is a contract between:
(1) BRIGHT NETWORK UK LTD, trading as Bright Network UK LTD and 'Ignite' carrying on business as an employment agency ("the Employment Agency"); and
(2) The Client, a company or individual interested in hiring candidates, trading as The Client ("the Client").
1. Scope of Agreement
- The parties hereby agree that these Terms of Business (“the Agreement”) will govern every engagement by the Client, or an associated company of the Client, of every Applicant introduced by the Employment Agency to the Client from time to time (“Applicant”).
- For the purpose of the Agreement, "Engagement" shall include every such fixed-term contract engagement, and shall include any use of an Applicant in the circumstances set out in clause 1.1, whether directly or indirectly (for example, where an Applicant provides services through a limited company) and whether full-time or part-time, and whether under a contract of service or for services, or under an agency, licensee, franchise, commission only, partnership agreement, or otherwise.
2. Acceptance and Authority to Act
These terms are deemed to be accepted by the Client in respect of each Applicant that the Client contacts via the Employment Agency.
3. Standards Required
The Client shall be responsible for verifying that the Applicant has the right to work in the United Kingdom, for the arrangement of any medical examinations and/or investigations into the medical history of any Applicant to satisfy any medical and other requirements or qualifications required by law.
4. Introduction Fee, When Payable & Refunds
- Subject to clause 5 an introduction fee (“Introduction Fee”) shall be payable by the Client to the Employment Agency in respect of any Engagement subsequent to an approach resulting in the offer and acceptance of employment by the Client to the Applicant via the Employment Agency.
- The Client agrees to notify the Employment Agency in writing of the acceptance by the relevant Applicant of an Engagement together with details of the Applicant's Gross Remuneration (see 8 below), as soon as practicable following such acceptance.
- The Introduction Fee for a permanent full-time role shall be £2,000. For an internship role, the Introduction Fee will be £500, with a remaining fee of £1,500 payable should the Applicant still be in employment with the Client three months from the date of initial employment.
- The Introduction Fee is payable either:
- Within 28 days of the date of the relevant invoice from the Employment Agency to the Client. If the Client chooses this option there will be a 10% discount applied to the Introduction Fee, or
- Over a 12 month period from the first day of employment of the Applicant – this will be 12 consecutive payments of £333.
- Subject to clause 6 below, the Employment Agency shall not be liable to the Client arising out of or in connection with the Agreement or in relation to the Engagement or use of the Applicant or for (i) any loss of or damage to profit, revenue, savings, data, use, contract, goodwill or business or (ii) any indirect or consequential loss or damage, in each case howsoever caused or arising.
- The term "howsoever caused or arising" when used in clause 5.1 shall be construed widely to cover all causes and actions giving rise to liability, including but not limited to (i) whether arising by reason of any misrepresentation (whether made prior to and/or in the Agreement), negligence, breach of statutory duty, other tort, breach of contract, restitution or otherwise and (ii) whether arising under any indemnity and (iii) whether caused by any total or partial failure or delay in supply of the services of the Applicant by the Employment Agency.
- Nothing in the Agreement shall limit or exclude any party's liability for fraud or for death or personal injury caused by the negligence, or to the extent otherwise not permitted by law.
The Client shall indemnify and keep indemnified the Employment Agency against any costs, claims or liabilities incurred directly or indirectly by the Employment Agency arising out of any Engagement, including (without limitation) as a result of:
- any breach of the Agreement by the Client; and
- any breach by the Client or any associated company of the Client, or any of its or their employees or agents, of any applicable statutory provisions (including, without limitation, any statutory provisions prohibiting or restricting discrimination or other inequality of opportunity).
7. Entire Agreement / Variation
The Agreement constitutes the entire and only legally binding agreement between the parties relating to the Engagement, and replaces any previous agreements or arrangements. No variation to these terms on behalf of the Employment Agency can be made otherwise than in writing signed by a director of the Employment Agency.
Any failure by the Employment Agency to enforce at any particular time any one or more of the terms of the Agreement shall not be deemed a waiver of such rights or of the right to subsequently enforce the terms of the Agreement.
Headings contained in the Agreement are for reference purposes only and shall not affect the intended meanings of the clauses to which they relate.
If any provision, clause or part-clause of the Agreement is held to be invalid, void, illegal or otherwise unenforceable by judicial body, the remaining provisions of the Agreement shall remain in full force and effect to the extent permitted by law.
11. Force Majeure
The Employment Agency shall have no liability for any delay or failure in performance of its obligations to the Client where this arises from matters outside its reasonable control.
12. Third Parties
No provision of the Agreement shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 ("the Act"). This does not, however, affect any right or remedy of a third party that exists or is available independently of the Act.
13. Overdue Debts
The Employment Agency may charge interest on all overdue debts under the Agreement at the rate of 2% per month.
14. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.