Standard terms and conditions of business of H2 International Ltd (t/a GTM People), company number 11968625. They apply to recruitment placements except where a separate written agreement (such as a TaaS subscription) applies.
Definitions
In these conditions the following terms shall have the following meanings.
‘GTM People’
means H2 International Ltd a company registered in England and Wales under Company Number 11968625 whose registered office is 4 Glasshouse Studios Fryern Court Road, Burgate, Fordingbridge, England, SP6 1QX and trades as GTM People.
‘Candidate’
means the prospective employee introduced by GTM People to the Client.
‘Client’
means the customer of the GTM People.
‘Commission Only’
means that the Candidates salary will be based upon a percentage of the value of the goods or services sold, as opposed to a fixed annual salary.
‘Contract’
means the Contract for the supply of services by GTM People to the Client which incorporates these terms and conditions of business.
'Meet'/'Meeting' (The Candidate)
means holding any direct communication with the Candidate with a view to the retention of the Candidate by the Client or any connected company.
‘Predominantly Commissioned Based’
means that a minimum of 90% of the Candidate’s total annual salary is Commission Only.
Parties
GTM People
(hereinafter referred to as “GTM People”)
-and-
The Client:
(hereinafter referred to as “the Client”)
2. Existence Of Contract
2.1 The nature of the services provided to the Client by GTM People will be the provision of a Candidate for a preliminary interview and the provision of a reference for the Client, if so requested by the Client, or as set out in the letter accompanying these terms and conditions of business.
2.2 A Contract for the supply of services between GTM People and the Client shall be concluded when the Candidate and the Client Meet at any time after the Candidate's name has been supplied by GTM People to the Client.
2.3 The Meeting between the Client and the Candidate shall be deemed as an acceptance of the Contract and of these terms and conditions.
2.4 No variation or amendment of these terms and conditions of business or oral promise or commitment relating to it shall be valid unless confirmed in writing by or on behalf of both or all parties.
3. Fees
3.1 The client becomes liable to pay fees to GTM People upon the Candidate accepting employment or otherwise contracting with the Client or a third party on the recommendation of the Client.
3.2 Unless an alternative fee arrangement has been agreed and confirmed in writing by GTM People, the basis of GTM People's fees is described below.
3.2.1 GTM People's remuneration based is on a percentage of the salary package paid by the Client to the Candidate pursuant to Clause 3.1.
3.2.2 The salary package referred to in Clause 3.1 will include the provision by the Client to the Candidate of benefits that are regarded as part of an employee’s remuneration or guaranteed commission.
3.2.3 "Benefits regarded as part of an employee’s remuneration" will include, and this is not an exhaustive list of such benefits, contributions to company or personal pensions, private health schemes (including corporate schemes), contributions to insurance policies, contribution to health club / gym membership, luncheon vouchers, contributions to the cost of childcare, a company vehicle, a car allowance or a mileage allowance for the Candidate's use of their own vehicle during the course of their employment.
3.2.4 (a) GTM People will adopt a valuation of £6,000 per annum for the company vehicle or mileage allowance that the Client offers to the Candidate when calculating the remuneration fee due to GTM People.
(b) GTM People will adopt the sum set out in the Candidate's contract of employment with the Client for the car allowance that the client offers to the Candidate when calculating the remuneration fee due to GTM People.
(c) GTM People will adopt the sum set out in the Candidate’s Contract of employment with the Client for any benefit regarded as part of the employee’s remuneration when calculating the remuneration fee due to GTM People. In the event that the sum paid by the Client to the Candidate for any benefit is not clear from the Candidate’s Contract of Employment, the Client shall supply GTM People with details of the annual cost of the benefit including any supporting documents within 7 days of a written request from GTM People to the Client.
(d) In the event that the Client fails to comply with clause 3.2.4 (c) above, GTM People will charge the sum of £5,000.00 for the benefit paid by the Client to the Candidate as part of the employee’s remuneration when calculating its fee and will reserve the right to render a further invoice for any subsequent sum found to be due, but in no circumstances shall GTM People be liable to repay any sum received in excess of what would have been payable under clause 3.
3.2.5 Where the Client provides the Candidate with a "guaranteed commission" as part of the Candidates salary package, GTM People will incorporate the value of this when calculating the remuneration fee due to GTM People.
3.2.6 In calculating the fee, no allowance is to be made for trial periods, probationary periods or similar situations.
3.2.7 In the event that any employee of GTM People accepts an Engagement with the client within 12 months of leaving GTM People’s employment, the client shall be liable to pay an introduction flat fee to GTM People of £50,000.00 + VAT.
3.3 The fee structure on which GTM People's charges is based is as follows: -
3.4 The fee payable by the Client to GTM People is exclusive of VAT which will be paid by the Client to GTM People at the prevailing rate.
4. Candidates Employed on A Commission Only Basis
4.1 Where a Candidate’s remuneration is Commission only or is Predominantly Commission Based, a minimum fee of £9,000 will be charged notwithstanding Clause 3.
5. Candidates On Contract
5.1 Where a Candidate is contracted on a self-employed basis, the percentage fee to which GTM People will be entitled will be calculated by reference to what the Candidate would have earned had he worked at the same rate for a period of one year, and by applying the percentage which would then have applied under Clause 3.3 to the Candidate's actual earnings or the sum of £4,000 plus VAT whichever is the higher; and GTM People's entitlement under any subsequent contract shall be similarly calculated.
5.2 Should a Candidate contracted on a self-employed basis be offered a permanent position within 1 year of referral by GTM People to the Client, then the fee payable will be the fee calculated in accordance with Clause 3. The Client may deduct from that sum any sums already paid pursuant to Clause 5.1, but in no circumstances shall GTM People be liable to repay any sums received in excess of what would have been payable under Clause 3.
6. Candidates Employed on Part-Time Basis
6.1 Where a Candidate is employed on a part-time basis, the percentage fee to which GTM People will be entitled will be calculated by reference to what the Candidate would have earned had he worked for the same rate for a period of one year and by applying the percentage which would then have applied under Clause 3.3 to the Candidates actual earnings or the sum of £4,000 plus VAT whichever is the higher.
6.2 Should a Candidate employed on a part-time basis be offered a permanent position within 1 year of referral by GTM People to the Client, then the fee payable would be the fee calculated in accordance with Clause 3. The Client may deduct from that sum any sums already paid pursuant to Clause 6.1 but in no circumstances shall GTM People be liable to repay any sums received in excess of what would have been payable under Clause 3.
7. Referral of Candidate by Client
The normal fee as outlined in Clauses 3, 4, 5 or 6 is payable if a Candidate introduced by GTM People is referred to another position or division of the Client or is employed by or contracts with a third party on the Client's recommendation within one year of referral.
7.2 In the event that the Client or a third party on the Client's recommendation does not offer employment or a contract to the Candidate or the Candidate does not accept any such offer following the Meeting between the Client and the Candidate but the Candidate accepts or otherwise contracts with the Client or a third party on the recommendation of the Client within one year of the Meeting, then the normal fee as outlined in Clauses 3, 4, 5 or 6 is payable by the Client to GTM People.
8. Temporary or Casual Position
8.1 GTM People does not refer Candidates to Clients for temporary or casual positions. In the event that the Client has failed to notify GTM People prior to the interview being arranged that the position, with itself or a third party to whom it has referred a Candidate, is on a temporary or casual basis, the Client will be liable to pay GTM People’s fees in accordance with the fee structure outlined in Clause 3 or a minimum of £4,000 plus VAT, whichever is the higher amount.
9. CVs, Methods of Interview, References and Executive Search and Selection
9.1 GTM People gives no warranties to the Client in respect of the contents of any Curriculum Vitae (CV) or related documentation on the Candidate which is supplied by GTM People to the Client.
9.2 Candidate references are sought strictly at offer stage and at the Client's request.
9.3 For senior and/or specialised positions, executive search and advertising is the preferred method. The fee structure as outlined in these terms and conditions of business applies with the cost of advertisement billed separately to the Client. The Client is liable to pay one-third of the fee on requesting the initial search, one-third on the presentation of short-listed Candidates and the balance on the successful selection of Candidate. The fees payable under this clause are not repayable solely by reason that no suitable Candidate is found.
10. Guarantee Provisions
10.1 Subject to the Client’s paying GTM People's invoice(s) within 14 days of it being rendered, then GTM People offers the Client the guarantee in Clause 10.2.
10.2 In the event that a Candidate employed by the Client leaves the Client's employment for any reason other than set out in below mentioned paragraph within 3 months of commencing employment, GTM People will use its reasonable efforts to locate and provide a replacement employee for the vacated position with the Client at no additional fee. Notwithstanding GTM People's reasonable effort to provide a replacement Candidate, the Client will nevertheless remain liable for payment of the original placement fee in the event that GTM People is unable to provide a replacement for the vacant position.
10.3 Notwithstanding Clause 10.2, GTM People shall not incur the obligations under Clause 10.2 above if the Candidate’s employment is terminated by the Client owing to work shortage, redundancy or employer relocation occurring within 3 months of the Candidates placement with the employer.
11. Payment Due Date
11.1 The Client will be liable to pay the invoices rendered by GTM People within 14 days of the invoice being rendered.
12. Interest and Costs Payments on Overdue Fees
12.1 Without prejudice to any other rights of the Client, if the Client fails to pay the invoice price to the due date, the Client shall not be entitled to any discount given in that invoice or in any other way agreed and shall be liable to pay the full fee as stated on the invoice together with interest on any overdue amount from the date which payment was due to the date of actual payment (whether before or after judgment) pursuant to the rate of interest prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 and reimburse to GTM People all costs and expenses (including legal costs) incurred in the collection of any sums due.
12.2 If the Client is a Limited Company or a Limited Liability Partnership and is unable to pay the invoice amount, then the invoice amount will be payable personally by the Directors or Partners
13. Confidentiality
13.1 The Client shall not at any time whether before or after the termination of this Contract divulge or use any unpublished technical information deriving from the GTM People or any other confidential information in relation to the GTM People’s affairs or business or method of carrying on business.
14. Data Protection - GDPR
For the purposes of this clause 14 "Data Subject" means as set out in and will be interpreted in accordance with Data Protection Legislation. For the avoidance of doubt, Data Subject includes Candidate.
14.2 The parties hereto acknowledge that Employment Agency is a Data Controller in respect of the Personal Data of Candidate and provides such Personal Data to Client in accordance with the Data Protection Legislation for the purposes anticipated by these Terms.
14.3 The parties hereto acknowledge that Client is a Data Controller but the parties hereto are not Joint Controllers (as defined within Data Protection Legislation) save where a specific agreement is made to that effect between the parties hereto.
14.4 The parties hereto warrant to each other that any Personal Data relating to a Data Subject, whether provided by Client, Employment Agency or by Candidate, will be used, Processed and recorded by the receiving party in accordance with Data Protection Legislation.
14.5 The parties hereto will take appropriate technical and organisational measures to adequately protect all Personal Data against accidental loss, destruction or damage, alteration or disclosure.
14.6 Client will:
a) comply with the instruction of the Agency as regards the transfer/sharing of data between the parties hereto. If Client requires Personal Data not already in its control to be provided by Employment Agency, Client will set out their legal basis for the request of such data and accept that the Agency may refuse to share/transfer such Personal Data where, in the reasonable opinion of Employment Agency, it does not comply with its obligations in accordance with Data Protection Legislation;
b) not cause the Agency to breach any of their obligations under the Data protection Legislation.
14.7 In the event Client becomes aware of an actual or any reasonably suspected Personal Data Breach, it will immediately notify Employment Agency and will provide Employment Agency with a description of the Personal Data Breach, the categories of data that was the subject of the Personal Data Breach and the identity of each Data Subject affected and any other information the Employment Agency reasonably requests relating to the Personal Data Breach.
14.8 In the event of a Personal Data Breach, Client will promptly (at its own expense) provide such information, assistance and cooperation and do such things as Employment Agency may request to:
a) investigate and defend any claim or regulatory investigation;
b) mitigate, remedy and/or rectify such breach; and
c) prevent future breaches. and will provide the Agency with details in writing of all such steps taken.
14.9 Client will not release or publish any filing, communication, notice, press release or report concerning any Personal Data Breach without the prior written approval of Employment Agency.
14.10 Client agrees it will only Process Personal Data of Candidate for the agreed purpose that is introduction for a Vacancy pursuant to these Terms.
14.11 Client will provide evidence of compliance with clause 14 upon request from Employment Agency.
14.12 Client will indemnify and keep indemnified Employment Agency against any costs, claims or liabilities incurred directly or indirectly by Employment Agency arising out of or in connection with any failure to comply with clause 14.
15. Complaints Procedure
15.1 We aim to provide an excellent service. GTM People are always keen to ensure that our Clients are satisfied with the service that we provide. However, if in the unlikely event you should have a complaint please write to the following email address and we will investigate as all calls are recorded for quality and training purposes:
clients@GTM Peoplerecruit.co.uk
16. Interpretation of law
16.1 These terms and conditions shall be governed by English law and the Client consents to the exclusive jurisdiction of the English courts in all matters regarding it.
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