These Terms and Conditions apply to the provision of recruitment services by Enticeable Consulting Ltd (T/A Enticeable Search) to its clients.
These Terms and Conditions apply to the provision of Services by the Agency to the Client, in this instance [Client Name] of [Client Address]. In case of conflict with other terms (of the Client or otherwise), these Terms prevail unless expressly agreed otherwise by the Agency in writing.
References to “writing” include electronic/facsimile; statutory references include amendments; headings are for convenience only; singular includes plural and vice versa; gender terms include all genders; “Party/Parties” mean the parties to these Terms.
All business entered into by the Agency is subject to these Terms. In any conflict, these Terms prevail unless agreed otherwise in writing by a Director of the Agency.
No modification is valid unless in writing, signed by both Parties. If any term is held invalid/unenforceable, the remainder continues in full force.
An Introduction, Engagement or interview of a Candidate by the Client, or commencement of services by a Candidate, is deemed acceptance of these Terms. These supersede all previous terms of business.
The Agency may decline/cancel/remove any vacancy advertisement. Vacancies indicating illegal purposes may be reported. Content is agreed in writing prior to work commencing; adverts remain open for an agreed period; each advert covers no more than one vacancy unless agreed.
The Agency uses reasonable endeavours to find suitable Candidates or notify if unable; endeavours to ensure Candidates have required experience/qualifications/authorisations and to verify identity; and informs the Client of relevant matters obtained.
The Agency takes reasonable steps to ensure awareness of legal/professional requirements relating to vacancies. No guarantee is given to find a suitable Candidate; no warranties as to suitability.
Provide complete, accurate, up-to-date information; ensure content is lawful and non-infringing; supply vacancy details (work type, start, duration, hours, pay, location, training/qualifications/authorisations).
Do not employ Agency staff (fees per Clause 6). Notify within 48 hours if already aware of a Candidate’s identity. Notify immediately of offers/acceptances and remuneration increases in first 12 months; provide copy of offer/contract within 10 days.
Client is solely responsible for suitability checks, references, permits, medicals, and remuneration. Changes must be notified immediately; certain alterations may incur charges.
Engagement may be contingency or retainer (see Schedule). Fixed-term under 12 months pro-rated; extensions trigger fees on total Remuneration. Invoice on commencement; payment due within 21 days. Interest: 25% p.a. on overdue sums, pro-rated.
If an Engagement (other than redundancy) is terminated within the first 90 days, the Agency will use reasonable efforts to replace. If no replacement is found, limited refunds apply where paid on time and termination within 12 weeks (e.g., 0–8 weeks: 75%; 8–12 weeks: 50%).
If the Client withdraws an offer before start, a sum not less than 10% of annual Remuneration is payable. If the Client hires a Candidate but fails to inform the Agency within 21 days, the Agency may charge 40% of total Remuneration, payable immediately. Introductions are confidential; third-party hires within 12 months incur the Agency’s fee with no refund.
Each Party must keep Confidential Information confidential; not disclose/use it except as contemplated; and ensure compliance by directors/officers/employees/agents/advisers.
Disclosure to subcontractors/suppliers, authorities/regulators, and relevant employees/officers only as necessary and (where required) under confidentiality undertakings. Public-domain information may be used/disclosed.
Obligations continue after termination.
The Client must comply with applicable data protection laws when processing Candidate personal data. All such information remains confidential.
Agency expenses are absorbed unless otherwise agreed in advance in writing.
Except for death or personal injury, the Agency is not liable for direct or indirect loss (including loss of profits or consequential loss) arising from introductions, engagements or failure to introduce a Candidate.
The Client shall indemnify the Agency against costs, liabilities, damages, losses, claims or proceedings arising from its use of the Services or breach of these Terms.
No Party is liable for failure/delay due to events beyond reasonable control (including power/ISP failure, industrial action, civil unrest, fire, flood, storm, earthquakes, terrorism, war, governmental action, etc.).
These Terms do not establish partnership or joint venture, constitute either Party the agent of the other, or authorise commitments on behalf of the other Party.
No third party has the right to enforce these Terms.
These Terms (including non-contractual matters) are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
Client
Signed: ____________________
Name: ____________________
Title: ____________________
Date: ____________________
Agency: ENTICEABLE CONSULTING LTD
Signed: ____________________
Name: Nicholas Clarkin
Title: Managing Director
Date: ____________________
Fee on commencement (contingency): 25% of Candidate’s first-year Remuneration. Minimum Fee: £10,000. Clause 6 applies otherwise.
Fee on commencement (retainer): 25% or a 10% discount from contingency fees (whichever larger), excl. VAT.
Minimum retainer portion: £10,000. If no suitable replacement within 90 days, refund applies to portion per Clause 6.9 where paid on time and termination within 12 weeks.
Clause 6 applies in all other respects.
