Recruiting Contract
The Recruiting Contract (“Contract”) is entered into between the [Client / Company], hereinafter referred to as the “Client,” and [Konnexia Complex Care Ltd], hereinafter referred to as the “Agency,” collectively referred to as the “Parties.”
1. Scope of Services
The Agency agrees to provide a Care Professional to the Client. The services include, but are not limited to, sourcing, screening (if specifically requested by the client), and presenting candidates for services specified by the Client.
To enable the Agency to comply with its obligations the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following:
1.01 the type of service that the Candidate would be required to perform.
1.02. the location and hours of support required on a weekly basis.
1.03. 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 to provide the service in the position.
1.04. any risks to health or safety known to the Client and what steps the Client has found necessary to be taken to prevent or mitigate such risks.
1.05. the date the Client requires the Candidate to commence the engagement.
1.06. the duration or likely duration of the engagement.
1.07. the minimum rate of remuneration, expenses and any other benefits that would be offered.
1.08. the intervals of payment of remuneration (for service provided).
1.09. the length of notice that the Candidate would be entitled to give and receive to terminate their engagement with the Client.
Where the Candidate is introduced for a position which involves working with, caring for or attending a Vulnerable Person the Agency shall:
1.10. obtain confirmation of the Candidate’s identity.
1.11. obtain confirmation 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.
1.12. obtain and offer to provide copies to the Client of two references from persons who are not relatives of the Candidate and who have agreed that the references they provide may be disclosed to the Client.
1.13. any relevant qualifications or authorisations of the Candidate.
If the Agency has taken all reasonably practicable steps to obtain such information and has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event.
‘Vulnerable Persons’ means any person who by reason of age, infirmity, illness, disability or any other circumstance needs care or attention and includes any person under the age of eighteen.
2. Fees
The Client shall compensate the Agency for its services as follows:
The Agency’s fees for successful placements will be a percentage of the candidate’s weekly fee, as agreed upon by both Parties.
This percentage will be agreed between the Client and Agency prior to any steps that the Agency takes to recruit any candidate.
The Agency will invoice the client every 4 weeks from the start date of the candidate.
3. Hiring Process
The Agency will present candidates to the Client for consideration. The Client will evaluate the candidates and make the final hiring decisions. The Client shall promptly inform the Agency of its hiring decisions.
5. Guarantee Period
Should the candidate prove unsuitable or leave the position for any reason, the Agency will provide a replacement candidate at no additional cost to the Client.
6. Unsuitability Clause
If the candidate proves unsuitable for the position the Client must notify the Agency in writing, clearly outlining the reasons for the candidate’s unsuitability. The Agency will then have 28 days to provide a replacement candidate. If the Agency is unable to provide a suitable replacement within this time frame, the Client will be entitled to a full refund of the recruitment fee paid for that period of 28 days.
7. Termination Provisions
Either Party may terminate the Contract in the following circumstances:
Either Party may terminate the Contract with written notice of 28 days to the other Party for any reason.
In the event of a material breach by either Party, the non-breaching Party may terminate the Contract with immediate effect upon written notice.
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing or by email.
Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email, when that email is sent.
8. Confidentiality
Both Parties agree to maintain the confidentiality of any proprietary or confidential information shared during the Contract. This includes, but is not limited to, candidate details, business strategies, and financial information.
The Parties shall not disclose such information to any third party without prior written consent unless required by law.
The Client shall indemnify and keep indemnified the Agency against any Losses incurred by the Agency arising out of any non-compliance with the Data Protection Laws, and/or because of any breach of, these Terms by the Client.
9. Liability
The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate.
For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
10. Non-Solicitation
During the term of the Contract and for a period of 24 months thereafter, the Client agrees not to directly or indirectly solicit, hire, or engage the services of any candidates presented by the Agency without the Agency’s prior written consent.
11. Dispute Resolution
In the event of any dispute arising from or relating to the Contract, the Parties shall attempt to resolve it amicably through good-faith negotiations. If the dispute cannot be resolved within 14 days, either Party may initiate mediation or other alternative dispute resolution methods before pursuing any legal remedies.
12. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
