1.0 SCOPE OF SERVICES

    1.1 The Recruiter agrees to provide comprehensive recruitment services (the "Services") to the Client that include, but are not limited to:

        1.1.1 Identification of potential candidates suitable for vacant positions as provided by the Client.

        1.1.2 Pre-screening of potential candidates, including verifying qualifications and employment history.

        1.1.3 Presenting a shortlist of qualified candidates to the Client.

        1.1.4 Arranging and facilitating initial interviews between the Client and the candidates.

        1.1.5 Assisting in negotiations between the Client and the candidate upon request.

        1.1.6 Ongoing communication and coordination with the Client throughout the recruitment process.

2.0 RESPONSIBILITIES OF THE RECRUITER

    2.1 The Recruiter shall:

        2.1.1 Utilise industry best practices and exercise professional judgment in performing the services.

        2.1.2 Treat all information related to the services and received from the client as strictly confidential, except as expressly authorised by the client or         required by law.

        2.1.3 Comply with all relevant laws and regulations applicable to the performance of the services.

        2.1.4 Maintain adequate insurance to cover its obligations under this agreement.

        2.1.5 Identify and deliver a replacement candidate free of charge in the event the original candidate placed resigns or is dismissed due to performance related issues within the first 30 days of the candidate’s start date.

3.0 RESPONSIBILITIES OF THE CLIENT

    3.1 The Client shall:

        3.1.1 Provide all necessary permissions, consents, licenses or otherwise the Recruiter needs and supply accurate information required by the Recruiter to perform the Services. The Recruiter will not be liable for any delay or failure to provide the Services if this is caused by failure to comply with the provisions of this section.

        3.1.2 Cooperate with the Recruiter and act reasonably in responding to the Recruiter’s recommendations and requests for information.

        3.1.3 Respect the confidentiality and proprietary rights of the candidates presented by the Recruiter.

4.0 FEES AND PAYMENT

    4.1 Unless otherwise stipulated in the SPECIAL CONDITIONS, the client agrees to pay the Recruiter a 10% fee, for each candidate who is successfully placed within the Client’s organisation. 

    4.2 Upon the candidate or candidates accepting the offer/s, the Recruiter will generate an invoice for the applicable fee.

    4.3 The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

    4.4 Payment must be made within 14 days following the invoice being generated and sent.

    4.5 Payment to be made in GBP unless otherwise agreed in writing.

    4.6 Without limiting any other right or remedy the have for statutory interest, if you do not pay within the period set out above, an 8% interest charge will be charged per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

    4.7  All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

    4.8 Receipts for payment will be issued by us only at your request.

5.0 DATA PROTECTION

    5.1 When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

    5.2 The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

    5.3 For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

    5.4 The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from    Processing any Personal Data for its own or for any third party's purposes.

    5.5 The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.

    5.6 The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

    5.7 Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found On our website . For any enquiries or complaints regarding data privacy, you can email: Steffi@tiatalent.co.uk.

6.0 TERMINATION

    6.1 The Recruiter can terminate the provision of the Services immediately if the Client:

        6.1.1 commit a material breach of your obligations under these Terms and Conditions; or

        6.1.2 fail to make pay any amount due under the Contract on the due date for payment; or

        6.1.3 are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

        6.1.4 enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

        6.1.5 convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

7.0 LIABILITY AND INDEMNITY

    7.1 Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

    7.2 The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

    7.3 We, the Recruiter, are not liable in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

        7.3.1 any indirect, special or consequential loss, damage, costs, or expenses or;

        7.3.2 any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-partyclaims; or

        7.3.3 any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

        7.3.4 any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

        7.3.5 any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

        7.3.6 You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

       7.3.7 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

8.0 SEVERANCE

    8.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

9.0 LAW AND JURISDICTION

    9.1 These Terms and Conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Terms and Conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.