Terms & Conditions

1. THE DEFINITIONS

1.1. In these Terms of Business the following definitions apply:

• "Applicant" means any person introduced by the Company to the Client, including any members of the Company's own staff, for consideration for a directly employed position by the client;
• "Associate" means any person introduced by the Company to the Client, including any members of the Company's own staff, for an assignment which would be contracted through the Company;
• "Assignment" means the interim consultancy role for which an Associate is supplied to render services to the Client;
• "Client" means the person, firm or corporate body, together with any subsidiary or associated company as defined by the Companies Act 1985, to whom the Applicant is introduced or to whom the Associate is supplied;
• "Company" means SkillsHub Limited with registered company number 06825964 and having its registered office at 68 King William Street, London, EC4N 7DZ;
• "Engagement" means the engagement, employment or use of the Applicant or of the Associate by the Client on a permanent or temporary basis, whether under a contract of service or for services; an agency, licence, franchise or partnership arrangement; or any other engagement;
• "Introduction" means:

(a)   the passing to the Client of a curriculum vitae ("CV") or other information which identifies or is in relation to an Applicant or Associate; or

(b)  the interview by the Client of an Applicant or Associate, in person or by telephone.

1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it.

1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1. These Terms of Business are deemed to be accepted by the Client by virtue of any instruction from the Client to the Company to find an Applicant or Associate and govern all Introductions.

2.2. No variation or alteration of these Terms of Business shall be valid unless approved in advance in writing by a director of the Company.

2.3. Unless otherwise agreed in writing by a director of the Company, these Terms of Business shall prevail over any other Terms of Business or purchase conditions put forward by the Client.

2.4. All Introductions are confidential between the Client and the Company.  The passing of an Introduction to another employer, person, firm or corporation which results in the engagement of an Applicant or Associate within a 12 month period from the date of the Introduction renders the Client liable for payment of the Company's fees in relation to that Applicant or Associate as set out below.

2.5. In the event that an Applicant/Associate is rejected by the Client or an Applicant/Associate rejects an offer of Engagement, and that Applicant/Associate is subsequently engaged by the Client within 12 months of the date of the Introduction, the Client shall be liable for payment of the Company's fees in relation to that Applicant/Associate as set out below.

3. THE COSTS

3.1. Associates

3.1.1       The Client agrees to pay a daily rate for any Associate placed with the Client on an Assignment. The Client will be informed of the applicable daily rate at the commencement of the Assignment. The Company reserves the right to revise any of its rates on the expiry of not less than thirty (30) days written notice to the Client. The Company will invoice the Client on a monthly basis in arrears, or at the end of the Assignment (whichever is the earlier) at the daily rate for the number of days worked by the Associate. All rates are exclusive of VAT (or any similar tax) which the Client shall pay at the rate in force from time to time.

3.1.2       The Company will charge a margin of 20% on the Associate's daily rate.

3.1.3       During the Assignment or within twelve (12) months of its termination the Client will not directly or indirectly solicit or entice (or assist anyone else in soliciting or enticing) or employ any Associate who has been involved in the provision of services or engage such person in any way to provide services.

3.1.4       If the Client employs any Associate during the term of the Agreement or within twelve (12) months thereafter, the Client will be liable to pay to SkillsHub a sum equal to sixty (60) working days of the relevant day rate for each such Associate.

3.1.5       Any fees paid by the Client in terms of clause 3.1.3 are non-refundable, even in the event of termination of the employment for whatever reason.

3.2. Applicants directly employed by the client

3.2.1.      The fee payable to the Company by the Client for an Introduction resulting in the Engagement of an Applicant is calculated as a percentage of the Applicant's base salary as follows:

3.2.2.      The Company will invoice the Client for the fee on commencement of the Engagement by the Applicant.

3.2.3.      The Client agrees:

(a)     to notify the Company immediately it offers an Engagement to an Applicant, and to provide the Company with a copy of the offer letter at the same time it is issued to the Applicant; and

(b)       to notify the Company immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the agreed base salary to the Company.

3.2.4.      If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall pay the Company a minimum fee of 10% of the base salary offered to the Applicant.

3.2.5.      In the event that the employment of any Applicant by the Client terminates within 13 weeks of the date of commencement of that employment, the Company shall endeavour to find a replacement and no fee for that replacement shall be payable in terms of clause 3.2.1 above, provided always that:

(a)     the termination is justified or the employee leaves of his/her own volition and not due to redundancy; and

(b)     the Client notifies the Company in writing of the termination and its justification within 7 days of such termination; and

(c)     the Client shall not employ the Applicant within 12 months from the date of such termination; and

(d)     all monies due from the Client have been paid in accordance with these terms and conditions; and

(e)     The replacement is requested in writing no later than 3 months after the termination of the original Applicant.

In the event that the Company is unable to make suitable Introductions in relation to that replacement it shall refund the following proportions of any fee:

For the avoidance of doubt, no refund will be given in respect of any Applicant who has greater than 13 weeks service with the Client.

3.3. Credit terms

The Client agrees to pay all the Company's invoices within 30 days of receipt. The Company reserves the right to charge interest on overdue sums at the rate of 4% per annum above the Barclays Bank base rate from time to time and the Client will pay that interest on demand.

4. ADMINISTRATION OF ASSOCIATES

4.1. Man-Day Sheets

At the end of each month during an Assignment (or at the end of the Assignment as appropriate), the Client shall sign the Company's man-day sheet verifying the number of days worked by the Associate during that month. Signature of the man-day sheet by the Client indicates satisfaction with the services provided by the Associate and confirmation of the number of days worked. Failure to sign the man-day sheet does not absolve the Client's obligation to pay the charges in respect of the days worked.

4.2. Termination

The Client may terminate this Agreement:

4.2.1.      on written notice if the other party is in material breach of any of the terms of this Agreement which is not capable of remedy or, where such breach is capable of remedy, such breach is not remedied within thirty (30) days of receipt of a written notice specifying the breach and requiring its remedy;

4.2.2.      unless otherwise agreed between the parties, if the Associate is unable to carry out the Services due to illness or injury for a consecutive period of thirty (30) days; or

4.2.3.      on written notice if the other party is unable to pay its debts or has a receiver, administrator or equivalent representative appointed in respect of any part of its undertaking or assets, or passes a resolution for winding up, or a court of competent jurisdiction passes an order to that effect, or it enters into a voluntary arrangement with its creditors or ceases to carry on its business.

4.2.4.      In the event of termination, the Client shall pay all charges and expenses incurred to the date the Services cease.

4.2.5.      Those clauses which are intended to survive, shall survive the termination of this Agreement.

5. LIABILITY

5.1. The Company shall use reasonable endeavours to provide suitable Applicants but the Client shall be required to satisfy itself as to the suitability of any Applicant and shall take up any references provided by an Applicant before engaging such Applicant. In addition, the Client shall be responsible for:

• arranging any necessary medical examinations and/or investigations into the medical history of any Applicant;
• satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.

5.2. The Company 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 Company seeking an Applicant for the Client or from the Engagement of any Applicant by the Client or from the Introduction by or failure of the Company to introduce any Applicant.

5.3. The Company shall use reasonable endeavours to provide Associates in accordance with the Client's booking requirements, but no liability will be accepted by the Company for any loss, expense, damage or delay (whether direct, indirect or consequential) arising from any failure to provide a Associate for all or part of the period of the booking or from the negligence, dishonesty, misconduct or lack of skill of the Associates provided.

5.4. The Client accepts that Associates are under their supervision, direction and control from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Associate, whether willful, negligent or otherwise. The Client will also comply in all respects with all statutory provisions and codes of practice relating to the Engagement, to which the Client is ordinarily subject in respect of the Client's own staff. The Client shall also advise the Company of any special health and safety matters which may affect the Associate. The Client will provide the Company with any relevant information about the Assignment requested by the Company.

6. LAW

These Terms are governed by and interpreted in accordance with the laws of England and Wales.