FreshTechIT
FRESHTECHIT LIMITED STANDARD
TERMS OF BUSINESS FOR THE SUPPLY
OF PERMANENT IT STAFF (CLIENT)
1. GENERAL
(a) Definitions:
(i) “FRESHTECHIT” shall mean FRESHTECHIT Limited.
(ii) A “Client” shall mean any person, firm or organisation or associated organisation to whom FRESHTECHIT have introduced a candidate.
(iii) A “Candidate” shall mean anyone, including members of FRESHTECHIT staff introduced by FRESHTECHIT to a Client.
(iv) An “interview” shall represent any contact between a client and a candidate whether in person, via email, telephony or video-conferencing facilities.
(v) “Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then
(ii) any successor legislation to the GDPR or the Data Protection Act 1998 or 2018, rules codes of conduct or guidance.
(vi) “GDPR” means the General Data Protection Regulation ((EU) 2016/679).
(vii) FRESHTECHIT will be acting as an Employment Agency for the purposes of these Terms of Business.
(b) The Client is deemed to have accepted these terms of business by agreeing to interview, interviewing or engaging without an interview, a Candidate for employment, introduced by FRESHTECHIT.
(c) A Candidate is deemed to have been introduced to the Client when the Client has been provided with the name of a Candidate who is seeking employment.
(d) The person interviewing on behalf of the Client warrants that he/she is duly authorised to agree these terms and conditions on behalf of his/her company or employer.
(e) FRESHTECHIT endeavours to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidate’s identity; that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Candidate is willing to work in the position which the Client seeks to fill.
(i) At the same time as proposing a Candidate to the Client FRESHTECHIT shall inform the Client of such matters in Clause (f) as they have obtained confirmation. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holidays) following save where the Candidate is being proposed for a position which is the same as one in which the Candidate has worked within the previous five business days and such information has already been given to the Client.
(ii) FRESHTECHIT endeavours to take all such steps as are reasonably practicable to ensure that the Client and Candidate are aware of any requirements imposed by law or any professional body to enable the Candidate to work in the position which the Client seeks to fill.
(iii) FRESHTECHIT endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate for the Candidate to work in the position which the Client seeks to fill.
(iv) Notwithstanding clauses f (i), (ii) & (iii) above the Client shall satisfy itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate to it or FRESHTECHIT before engaging such Candidate. The Client is responsible for obtaining work permits and/or such other permission to work as may be require, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, any satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Candidate is engaged to work.
FreshTechIT
FRESHTECHIT LIMITED STANDARD
TERMS OF BUSINESS FOR THE SUPPLY
OF PERMANENT IT STAFF (CLIENT)
(v) To enable FRESHTECHIT to comply with its obligations under f (i), (ii) & (iii) above the Client undertakes to provide to FRESHTECHIT details of the position which the Client seeks to fill, including the type of work that the Candidate would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Candidate to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Candidate would be entitled to give and receive to terminate the employment with the Client.
(f) The Client shall notify FRESHTECHIT immediately when a Candidate introduced by FRESHTECHIT is engaged by the Client.
(i) If the Client interviews a candidate for employment and subsequently agrees to engage or make use of a Candidate within twelve months of introduction by FRESHTECHIT, the client will be liable for the full introduction fee.
(ii) If the Client or a member of the Client’s staff, refers a Candidate introduced by FRESHTECHIT to a third party, and within twelve months of introduction to the Client, the third party engages the Candidate in any capacity by any means, the Client will be liable for the full introduction fee at the date of notification or discovery by FRESHTECHIT if not notified. Interest at 4% above the base rate of LLOYDS TSB, will be charged from the date of appointment until the receipt of full payment of the invoice without concession.
(iii) If details of the Candidate’s salary and all other terms of employment have not been received by FRESHTECHIT within seven days of notification or discovery, FRESHTECHIT will estimate the Candidate’s salary based on current market rates. The estimate will be binding.
(g) If any employee of FRESHTECHIT accepts any offer of permanent employment from the Client, associated company or subsidiary thereof within six months of commencement of the successful Candidate’s employment (including the reintroduction by or use through another employment agency or Consultancy) FRESHTECHIT will invoice the Client for a recruitment service fee amounting to 40% of the first years gross salary (excluding benefits, bonuses & overtime).
2. PLACEMENT TERMS
(a) Subsequent to the acceptance by a candidate of an offer of employment from the client FRESHTECHIT will send to the Client a ‘Confirmation of Offer’ form setting out the exact details of the placement fee to be invoiced and any other relevant information. This form must be signed and returned by fax or post to FRESHTECHIT prior to the candidates agreed start date.
(b) Payment terms are strictly thirty days from the date of invoice, these payment terms shall hereafter be known as the Agreed FRESHTECHIT Payment Terms.
(c) FRESHTECHIT reserve the right to charge interest on all overdue invoices raised from the date of invoice until the date of payment calculated at 8% above the current base rate of LLOYDS TSB.
(d) FRESHTECHIT reserve the right by concession not to charge the client interest on the amount of the invoice if cleared funds are received in payment by FRESHTECHIT within the Agreed FRESHTECHIT Payment Terms.
FreshTechIT
FRESHTECHIT LIMITED STANDARD
TERMS OF BUSINESS FOR THE SUPPLY
OF PERMANENT IT STAFF (CLIENT)
(e) FRESHTECHIT reserve the right that in the event that payment on any one or more invoices has not been received by FRESHTECHIT at the address above within the Agreed FRESHTECHIT Payment Terms, interest at the prescribed rate will be payable by the Client in full on all outstanding invoices.
(f) Fees are calculated as a percentage of the Candidate’s first year gross remuneration. This includes all emoluments that form gross taxable pay, including all salary, payments, shift allowances, location weighting, and call out allowances. The fee is payable upon commencement of the Candidate’s employment
(g) For each Candidate supplied by FRESHTECHIT and subsequently employed by the Client a recruitment fee is charged as follows:
Gross Basic salary Fee %
Up to £40,000 20
45,000 and over 22.5
(h) VAT is payable on all fees at the prevailing rate.
(i) In the event that a Candidate's employment with the Client is terminated for any lawful reason other than redundancy within the first 4 weeks of employment then, provided the recruitment fee has been paid within the Agreed FRESHTECHIT Payment Terms, FRESHTECHIT will use our best endeavours to supply the Client with a replacement Candidate at no further charge to the Client. In the event that no suitable candidate is found within one calendar month FRESHTECHIT shall refund to the client 100% of the recruitment fee. If the Candidate's employment is terminated for any lawful reason other than redundancy between the 5th and 12th weeks of employment FRESHTECHIT will offer to the client a rebate based on the periods set out below, provided that the Client supplied to FRESHTECHIT satisfactory notification in writing of the termination and the reason therefore within seven days of such termination. There will be no rebate whatsoever or replacement Candidate if the Confirmation of Offer form has not been signed and returned prior to the commencement of the Candidate’s employment.
Duration of Employment Percentage Scale of rebate
1-4 weeks 90% of recruitment fee
5-8 weeks 50% of recruitment fee
9-12 weeks 25% of recruitment fee
(j) If the Client retracts an offer of employment made to the Candidate before the start date, and subsequent to the Client having signed the FRESHTECHIT Confirmation of Offer form, then FRESHTECHIT shall be entitled to invoice the Client for an administration fee amounting to 25% of the Placement fee
(k) FRESHTECHIT does not recognise trial or probationary periods for candidates
3. ADVERTISING ARRANGEMENTS
Recruitment fees and other terms of business for advertising assignments will be agreed with the Client in writing prior to the commencement of an assignment. The Client will be responsible for payment of all advertising costs at the agreed rate.
4. DATA PROTECTION
FreshTechIT
FRESHTECHIT LIMITED STANDARD
TERMS OF BUSINESS FOR THE SUPPLY
OF PERMANENT IT STAFF (CLIENT)
Both Parties will comply with all applicable requirements of the Data Protection Legislation. This clause 4 is in addition to, and does not relieve, remove or replace, a Party’s obligations under the Data Protection Legislation. The Parties acknowledge that for the purposes of the Data Protection Legislation, FRESHTECHIT is the Data Controller and the Client is also the Data Controller (where Data Controller has the meaning as defined in the GDPR), when the Client makes decisions regarding, and has responsibility for, the processing and handling of Personal Data (as defined in the GDPR). For the avoidance of doubt, Personal Data includes any information allowing a Candidate to be identified.
This clause 4 sets out how the Client and FRESHTECHIT share Personal Data as Data Controllers. Each party acknowledges that one Party (the “Data Discloser”) will regularly disclose to the other party (the “Data Recipient”) collected by the Data Discloser during the course of this Agreement (“Shared Personal Data”). Any material breach of the Data Protection Legislation by one Party, if not remedied within 30 days of written notice from the other Party, shall entitle the injured Party to terminate this Agreement with immediate effect.
Each Party shall:
(a) ensure that it has all necessary grounds, notices and where applicable, consents, in place to enable lawful transfer of the Shared Personal Data to the Data Recipient during the course of the Agreement; (b) give full information to any Data Subject (which shall have the meaning in the GDPR and shall include Candidates) whose Personal Data may be processed under this Agreement of the nature such processing;
(c) process the Shared Personal Data only for the purposes of the performance of the Agreement and/or as agreed between the Parties in writing from time to time;
(d) not disclose or allow access to the Shared Personal Data to anyone other than the Data Recipient unless the consent of the Data Discloser has been obtained;
(e) ensure that in the event of any third-party data recipient, that such recipient is (i) approved by the other Party; and (ii) is subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this Agreement and the Data Protection Legislation;
(f) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;
(g) not transfer any Personal Data received from the Data Discloser outside the European Economic Area unless the transferring Party: (1) complies with the provisions of Article 26 of the GDPR (in the event the third party is a joint controller); and (2) ensures that: (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
Each Party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In
particular, each Party shall:
(a) consult with the other Party about any notices given to Data Subjects in relation to the Shared Personal Data;
(b) promptly inform the other Party about the receipt of any Data Subject access request;
(c) provide the other Party with reasonable assistance in complying with any data subject access request;
(d) not disclose or release any Shared Personal Data in response to a Data Subject access request without first consulting the other Party wherever possible;
(e) assist the other Party in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
FreshTechIT
FRESHTECHIT LIMITED STANDARD
TERMS OF BUSINESS FOR THE SUPPLY
OF PERMANENT IT STAFF (CLIENT)
(f) notify the other Party without undue delay on becoming aware of any breach of the Data Protection
Legislation;
(g) at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser. Such return of Personal Data shall occur automatically on termination of this Agreement for whatever reason, unless otherwise required by law;
(h) maintain complete and accurate records and information to demonstrate its compliance with this clause 9 and its obligations under the Data Protection Legislation; and
(i) provide the other Party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the Parties' compliance with the Data Protection Legislation.
As regards Data Protection Legislation and this clause 4, the Client shall indemnify the FRESHTECHIT against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by FRESHTECHIT arising out of or in connection with any breach of the Data Protection Legislation by the Client, its employees or agents, or subprocessors or thirdparty recipients.
5. VARIATION
(a) No Variation of these terms of business is valid without the written agreement from FRESHTECHIT. Any agreed variation will be confirmed on the Confirmation of Offer form. If any conflict arises between these terms of business and any other terms of business then these terms of business shall prevail unless expressly otherwise agreed in writing by FRESHTECHIT.
(b) If the Confirmation of Offer is not signed and returned prior to the Start Date FRESHTECHIT may at our discretion rescind any previously agreed amendments to fees, payment conditions and rebates and work to the Standard Terms set out in these Terms of Business.
6. ENGLISH LAW
The Terms & Conditions shall be deemed to have been made in England and shall be governed and construed according to English Law.
DECLARATION
I have read, understood and agree to these FRESHTECHIT Terms of Business.