Terms & Conditions

TERMS OF BUSINESS

Introduction of staff to be directly employed by clients (permanent staff)
 

  1. THE CONTRACT
    1. These are the Terms and Conditions of the contract between the legal person (“Opus Vitae Consultancy Limited”) who or which carries on business under the name “Opus Vitae” at the offices from which this form originated and the Employer Client (“the Client”). These Terms and Conditions are deemed to be accepted by the Client by virtue of an interview with an Applicant, in person or by telephone, or the engagement of an Applicant following an introduction by Opus Vitae. For the purposes of these Terms and Conditions:
      1. the term Applicant refers to any person introduced by Opus Vitae to the Client, including any member of Opus Vitae’s own staff;
      2. the terms “introduction” and “introduced by” include the passing of any information by Opus Vitae to the Client, verbally or in writing, which identifies the Applicant as a person available for engagement by the Client;
      3. the engagement of an Applicant includes employment or use of the Applicant, whether under a contract of service or for services or under an agency, licence, franchise or partnership agreement or arrangement and whether under such a contract or arrangement with the   relevant individual or with a limited company to which the relevant individual makes available his or her services; and
      4. any reference to the “Regulations” is a reference to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended from time to time.
    2. Unless the context otherwise requires, references to the singular include the pluraland references to the masculine include the feminine and vice versa. The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
    3. Opus Vitae will operate as an employment agency in relation to the Client. Opus Vitae will have no authority to enter into a contract with an Applicant on behalf of the Client.

       

  2. NOTIFICATION AND PAYMENT
    1. The Client agrees:
      1. to notify Opus Vitae immediately an offer of engagement is accepted by an Applicant introduced by Opus Vitae; and
      2. to pay Opus Vitae fee within 14 days of the commencement of the engagement,

         

  3. FEES
    1. The fee payable to Opus Vitae by the Client for the introduction of an Applicant is computed by reference to the value of the initial annual remuneration of the Applicant in accordance with the table set out below.
      Starting Salary Fee Payable to DM Recruitment
      £18,000 £2,700 (15%)
      £19,000 £2,850 (15%)
      £20,000 £3,000 (15%)
    2. For the purpose of clause 3.1 "remuneration" means the aggregate of gross taxable pay and taxable and non-taxable emoluments including the provision of a car and commission and/or bonuses payable or provided by the Client or any other person to the Applicant in consideration for the engagement of the Applicant. The Client will estimate the commission and/or bonuses which the Client reasonably considers that the Applicant will earn in the first year of the engagement and will notify this figure, and the figure for initial annual remuneration to Opus Vitae prior to the commencement of the engagement.
    3. Opus Vitae shall be entitled to charge interest on invoiced amounts unpaid after the due date for payment at the rate of 4% (four percent) above the base rate from time to time of Santander Bank plc from the due date for payment until the date of actual payment (both before as well as  after any judgement).
    4. Value Added Tax will be charged by Opus Vitae on the fee payable by the Client.
        
  4. DELAYED COMMENCEMENT OF ENGAGEMENT
    1. The fee becomes payable upon the Applicant taking up any engagement with the Client at any time within twelve calendar months following introduction by Opus Vitae.
        
  5. REFUNDS
    1. If the engagement of an Applicant terminates before the expiry of 2 weeks from its commencement, the following refund will be allowed by DM Recruitment:
      Period of Engagement Percentage of Refund
      1 - 2 week 90%
      3 - 4 weeks 50%
      5 - 8 weeks 25%
      9+ weeks 0%
  6. APPLICATIONS FOR REFUNDS
    1. Applications for refunds should be made in writing within 2 days of the date on which the Applicant leaves the Client’s engagement. Unless the Client’s written request is received by Opus Vitae within such 2 day period no refund will be allowed.
        
  7. RE-ENGAGEMENT
    1. If the engagement of an Applicant is terminated but the Applicant is re-engaged by the Client or any person connected with the Client within the period of six calendar months from the termination of the engagement, a full fee calculated in accordance with clause 3.1 will become payable fourteen days after the commencement of the re-engagement and no refund will be payable by Opus Vitae in the event of termination of the re-engagement. For this purpose the phrase “connected with” has the meaning ascribed to it by regulation 3 of the Regulations.

       

  8. INTRODUCTIONS
    1. Introductions are confidential. The passing on of any details regarding an Applicant to another employer which results in an engagement renders the Client liable to payment of Opus Vitae fee as set out in clause 3.
    2. In addition, details regarding an Applicant will be deemed to have been passed on, and an introduction fee payable by the Client in consequence, if an Applicant is engaged by a person connected with the Client within twelve months of any information concerning that Applicant being supplied to the Client by Opus Vitae. The phrase “connected with” has the same meaning for the purposes of this clause as it does for clause 7.

       

  9. INDIRECT INTRODUCTIONS
    1. Full fees will be charged in relation to any Applicant engaged as a consequence of, or resulting from, an introduction by or through Opus Vitae, even though the introduction may be made indirectly.

       

  10. POSITION TO BE FILLED
    1. Prior to Opus Vitae providing any details of an Applicant to the Client, the Client must notify to Opus Vitae in writing the following:
      1. the Client’s identity;
      2. the date on which the Client requires an Applicant to commence work and the duration or likely duration of the work;
      3. the nature of the Client’s business;
      4. the title of the position which the Client seeks to fill, including the type of work the Applicant would be required to do, the location at which and the hours during which he would be required to work;
      5. any risks to health and safety known to the Client and the steps the Client has taken to prevent or control such risks;
      6. the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for an Applicant for the position which the Client seeks to fill;
      7. any expenses payable to the Applicant;
      8. the minimum rate of remuneration and any other benefits which the Client is offering for the position to be filled, and the intervals at which remuneration will be paid;
      9. the length of notice which a person filling the position would be required to give and entitled to receive to terminate employment with the Client;
      10. whether the position to be filled involves working with or caring for or attending any person under age 18; and
      11. whether the position to be filled involves caring for or attending any person in need of care and attention by reason of age, infirmity or other circumstances.
    2. The Client authorises Opus Vitae to advertise the availability of the position or positions which the Client engages Opus Vitae to seek to fill.

       

  11. SUITABILITY
    1. Subject to clause 11.2 below, Opus Vitae endeavours to make every reasonable effort to ensure the suitability of Applicants selected on behalf of Clients, but does not personally establish references. The Client is responsible for taking up references concerning an Applicants skills, qualifications and general integrity, arranging medical examinations or investigations into the medical history of an Applicant, obtaining work permits and satisfying any medical requirements or qualifications which are required by law.
    2. If the position which the Client seeks to fill is one for which the Applicant is required by law or by any professional body to have any qualifications or authorisation to work, or is one which involves working with or caring for or attending a person or persons under age 18 or caring for or attending any person who by reason of age, infirmity or other circumstances is in need of care and attention, Opus Vitae will take all reasonably practicable steps to obtain copies of any relevant qualifications or authorisations of an Applicant and two references in relation to the Applicant and provide copies to the Client.

       

  12. LIABILITY
    1. Opus Vitae shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Client seeking an Applicant from Opus Vitae or the introduction by Opus Vitae to the Client of any Applicant or the engagement of any Applicant by the Client. For the avoidance of doubt, Opus Vitae does not exclude liability for death or personal injury arising from its own negligence.

       

  13. TERMS
    1. The Terms of this document supersede and replace all previous notification of Terms. No variation can be made to these Terms without the written consent of a Director of Opus Vitae.