Terms & Conditions
Care Perms Ltd
Email: admin@careperms.com
Website: www.careperms.com
Terms of Business for the Introduction of Permanent Staff
1. Definitions
1.1 In these Terms of Business the following definitions apply:
“Applicant” – The person introduced by the Agency to the Client for an Engagement, including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff.
“Client” – The person, firm, or corporate body, together with any subsidiary or associated company as defined by the Companies Act 1985, to which the Applicant is introduced.
“Agency” – Care Perms Ltd.
“Engagement” – 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; or any other engagement, directly or through a limited company of which the Applicant is an officer or employee.
“Introduction” – (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 information that identifies the Applicant and leads to an Engagement of that Applicant.
“Remuneration” – Includes 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 and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. Where the Client provides a company car, a notional amount of £2,000 will be added to the salary to calculate the Agency’s fee.
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. The Contract
2.1 These Terms constitute the contract between the Agency and the Client and are deemed accepted by the Client by virtue of an Introduction to, or the Engagement of, an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Agency, these Terms prevail over any other terms put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless agreed in writing by both parties.
3. Notification and Fees
3.1 The Client agrees:
- To notify the Agency immediately of any offer of an Engagement made to the Applicant.
- To notify the Agency immediately once an Engagement has been accepted and provide details of the Remuneration.
- To pay the Agency’s fee within 14 days of the invoice date (a late payment surcharge applies).
3.2 Contingent Introduction – No fee is incurred by the Client until the Applicant commences the Engagement. An invoice will then be rendered.
3.3 Retained Introduction – The fee is payable in instalments where agreed:
- One-third upon acceptance of Client’s instructions (due within 7 days of invoice).
- One-third upon delivery of a shortlist of candidates (due within 14 days of invoice).
- The final third upon commencement of the Engagement (due within 30 days of invoice).
3.4 Late payments incur interest at 8% per annum above the Bank of England base rate.
3.5 The Agency’s fee for an Introduction resulting in an Engagement is displayed on www.careperms.com or agreed in writing. If disputed, the default rate is 15% of salary.
3.6 If the Engagement is for a fixed term of less than 12 months, the fee is pro-rata. If extended beyond the initial term or re-engaged within 6 months, an additional fee applies. Late payments (beyond 14 days of the candidate’s start date) incur a 5% surcharge, increasing the fee to 15% of annual salary.
3.7 If the Client re-engages the Applicant within 6 months of termination, a full fee is payable.
4. Refunds
Refunds are available only if:
- The fee is paid within 14 days of the invoice date.
- The Client notifies the Agency in writing of the Engagement’s termination within 7 days.
| Period of Employment | Fee Rebate |
|---|---|
| 0 – 2 weeks | 100% |
| 3 – 4 weeks | 50% |
| 4 – 6 weeks | 25% |
| 6 weeks + | 0% |
5. Introductions
- Introductions of Applicants are confidential. If the Client passes details to a third party, leading to an Engagement, a full fee applies.
- The Client is liable for a 15% fee if an introduced Applicant is employed within 12 months.
- The Client must keep candidate details confidential.
6. Suitability and References
- The Agency takes reasonable steps to verify an Applicant’s identity, qualifications, and authorizations.
- The Client must satisfy itself as to the Applicant’s suitability, conduct reference checks, and arrange necessary work permits and medical examinations.
7. Special Situations
- If the role involves caring for vulnerable individuals, the Agency will obtain references and qualifications, where possible.
8. Liability
- The Agency is not liable for any loss, expense, damage, or delay arising from an Introduction or Engagement, except for death or personal injury due to negligence.
9. Law
- These Terms are governed by the laws of England & Wales and are subject to the exclusive jurisdiction of its courts.