1. These Terms
and Conditions of Business shall govern the legally binding contract
between the parties.
2. The Terms
and Conditions of Business are between Hyde Park International or
any of its divisions (hereinafter called "the Company")
and the client or employer (hereinafter called "the Client")
and shall be treated as having been accepted by the Client if accepted
in writing or by virtue of an interview or engagement of a candidate
introduced by the Company (the term engagement includes the offer
of employment accepted by a candidate or the actual employment of
a candidate). The term "staff," "candidate,"
or "employee" hereinafter means person(s) introduced by
3. The Client
agrees to pay the Company's fee within fourteen days of invoice
date (UK placements) or, in the case of overseas placements, within
twenty one days, or before the staff leave the United Kingdom, whichever
is the sooner.
4. The fee is
for the introduction of staff to whom the Client chooses to offer
employment, and which offer of employment is accepted. The Company
does not employ the staff introduced. The Client is responsible
for the deduction of appropriate taxes and National Insurance contributions.
If an engagement is terminated because the Client fails to comply
with tax legislation and N.I.C., no refunds, credit or replacement
of staff will be granted. The fee does not include any salary payable
to the employee.
5. The fee charged
for the introduction of any employee is applicable to one engagement
only. If the Client should re-engage a staff member (whether on
a permanent or temporary engagement) within twelve months of termination
of employment, a further fee will be charged, and the Company must
be notified immediately of any such arrangement.
6. Clients retaining
the services of staff, even should such staff be considered by the
Client to be unsatisfactory, will be liable for the fee in full
for the period the staff are retained.
7. Any details
about a prospective candidate or employee supplied by the Company
to the Client are confidential as between the Company and the Client.
Should the Client pass details concerning a prospective candidate
or employee (who was originally introduced by the Company) to other
prospective employers, the Client will be liable for a fee, calculated
in accordance with these Terms and Conditions should an engagement
(whether temporary or permanent) result.
8. (a) The Company
will make all reasonable efforts to ensure that candidates
introduced have a high standard of integrity and reliability, and
that they meet the Client's requirements as notified to the Company,
but it is the Client's
responsibility to satisfy him/herself with regard to the suitability
of any candidates for any position. The Company will not be liable
for any loss, expense, damage or delay, however occasioned resulting
from any such introduction save (and only in so far as) death or
personal injury is caused directly as a result of the negligence
of the Company. The Company strongly recommends that the Client
arranges suitable insurance to cover any potential loss or damage.
The decision as to the suitability of the candidate is that of the
Client and whilst the Company may take up references in respect
of an applicant it is for the Client to decide what reliance can
be placed thereon. The attention of Clients is drawn to the Rehabilitation
of Offenders Act 1974 which relieves persons of any obligation to
disclose details of some convictions for criminal offences.
(b) The final decision to engage a candidate is the responsibility
of the Client only. The Company does not give any warranty concerning
the history, character, age, capability, medical history, medical
fitness, availability or suitability of any candidate introduced
by the Company. The Client must satisfy him/herself in these respects.
(c) The Company cannot under any circumstances accept responsibility
for the acts and/or omissions of staff introduced, or for any loss,
expense or damage arising for any reason therefrom.
9. If a client
should cancel the services of any category of staff after agreeing
to employ him/her (either verbally or in writing) and before commencement
of duties, half the full fee or £150.00 (whichever is greater)
will be charged.
10. The Client
agrees to notify the Company immediately a candidate has been offered
employment (either verbally or in writing) and the candidate has
subsequently accepted the offer (either verbally or in writing).
There is a confirmation of employment form enclosed for this purpose.
11. It is customary
but not obligatory for the Client to reimburse candidates' reasonable
travel expenses to the interview.
advertising placed only at the Client's request will be charged
at cost. Written confirmation from the Client will be required prior
to booking an
advertisement placed on behalf of the Client.
(a) It is the Client's responsibility to make any necessary amendments
to the registration form enclosed herewith. No Verbal alterations
can be accepted by the Company. If the Client wishes to amend any
details regarding the job specification, such amendment/s will be
accepted by the Company only if made in writing and received by
the Company prior to an offer of employment by the Client to staff.
(b) There is a deposit of £25.00 on each new vacancy registered
with the Company in the United Kingdom. This fee will be automatically
debited from the Client's credit or charge card. If the Client does
not have a card which is accepted by the Company, the Client agrees
to send a cheque for £25.00 drawn on a bank account within
the United Kingdom, made out to Hyde Park International.
(c) The £25.00 deposit will be deducted from the final fee
total when the Client
engages a member of staff.
(d) If the Client withdraws the vacancy prior to employing staff,
the deposit will
be retained by the Company to cover administration costs.
(e) When a candidate is engaged by the Client and only when the
Client has been advised of the fee total, the Company will debit
the Client's credit or charge card unless the Client has indicated
otherwise on the registration form.
(f) The Client agrees that no candidate/s can be introduced or interviewed
until the Company is in receipt of the Client's completed and signed
and Telephone Calls
(a) Facsimile transmissions and receptions to and from the Client
will be charged at cost. The Company's facsimile machine is in operation
24 hours every day of the year to help those Clients outside the
British Time Zone who may prefer to communicate with the company
at their convenience. The number for the Company's facsimile is
0044 1962 867062.
(b) Telephone calls made by the Company to the Client outside Great
Britain will be on a collect call (transfer charge) basis, except
to countries where this facility is not available, in which case
calls from the Company will be charged at cost to the Client on
AD&C (advice of duration and charge) basis.
(c) Telephone calls made by the Company to the Client within Great
not be charged to the Client.
15.(a) All the
Company's correspondence is sent by first class Royal Mail (or air
mail outside the United Kingdom) free of charge.
(b) Special 24 hour courier services or express delivery requested
by the Client will be charged at cost.
16.(a) The Company's
commission fee is for professional services in connection with the
introduction of candidates, and is only charged if the Client subsequently
chooses to offer employment (either verbally or in writing) to a
candidate, and which offer of employment is accepted by the candidate
(either verbally or in writing) subject only to clause 7 above.
(b) In the case of re-engagement of any staff member within 12 months
of the termination of the employment, or the extension of the placement
of temporary staff beyond the booking period, a further fee will
be charged as if the re-engagement were the first introduction by
the Company. (c) Should the Company cancel an engagement (otherwisethan
by reason of any breach of these Terms and Conditions by the Client)
the commission fee will be repaid in full to the Client.
On placements following instructions to introduce PERMANENT staff
(i.e. those offered a position for a period of twelve months or
over), fees are calculated as a percentage of the staff's first
year's gross salary offered by the Client (gross salary includes
all emoluments and perquisites).
(a) NANNIES: 10%
(b) ALL OTHER PERMANENT STAFF TYPES: 12%
On placements following instructions for staff to be engaged for
a specific period under twelve months, fees are as follows:
(a) ALL STAFF TYPES (EXCEPT MATERNITY NURSES): £65.00 for
the first week or part thereof and £60.00 per week or part
(b) MATERNITY NURSES: £65.00 per week for the first four weeks
thereof and £60.00 per week or part thereof thereafter.
(c) Please note: Invoices for temporary placements will include
fees for the entire duration of the booking period, and cannot be
settled on a week-by-week basis. In the event that a placement extends
beyond the booking period, a further invoice will be rendered to
cover the fee for such extended period.
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