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Terms and Conditions

These Terms and Conditions shall apply to all Company services provided by us, Ho.Re.Ca Recruitment Ltd, trading as Ho.Re.Ca The Hospitality Experts, a company registered in England and Wales under number 12399978, whose registered office is at 7 Northumberland Street, Huddersfield, England, HD1 1RL, hereinafter known as “the Company”. These terms are legally binding so please take time to read them carefully.

  1. Definitions and Interpretation

    In these Terms and Conditions, the following expressions have the following meanings unless otherwise stated:

    “Applicable Laws” means all applicable laws, statutes, regulations from time to time in force;

    “Business Day” means a day, other than Saturday, Sunday or public holiday in England, when banks in London are open for business;

    “Client” means you, the individual, firm or corporate body together with any subsidiary or associated company to whom the Candidate is supplied or introduced to by the Company. Please note the Company will not, unless specifically agreed in writing, enter into an agreement with any third party regarding the supply of any Candidate, therefore the Client will in all cases be bound by the provisions, including the payment provisions, in these Terms and Conditions.

    “Candidate” means any person introduced by Ho.re.ca Recruitment to the Client for an Engagement;

    “Fees” means the sums payable for the Services, as set out in the Proposal and order form, plus VAT;

    “Contract” means the contract formed upon Acceptance by the Client as above, which will incorporate and be subject to these Terms and Conditions, together with any terms agreed in the Proposal which confirms the entire scope of Services to be provided;

    “Introduction” means (i) the Client’s interview of a Candidate in a person or by telephone, following its instruction to the Company to search for a Candidate; or (ii) the Company passing to the Client a curriculum vitae or other information which identifies the Candidate; and which leads to an Engagement of Candidate;

    “Introduction Fee” means a fixed fee of 10% of the salary for the placement of a Candidate introduced by us outside the Services;

    “Order” means the Clients order form for Services as set out overleaf as acceptance of the Proposal;

    “Proposal” means the recruitment services proposal issued to the Client prior to the date of this agreement;

    “Services” means the recruitment consultant services provided by Ho.Re.Ca Recruitment Ltd to the Client, including services which are incidental or ancillary to such services;

    “Term” means the term of this Contract; and

    1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
      1. “writing”, and “written” includes emails;
      2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
      3. “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
      4. a Schedule is a schedule to these Terms and Conditions;
      5. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
      6. a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
    2. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation
    3. Words imparting the singular number shall include the plural and vice versa.
    4. References to persons shall include corporations.
  2. General
    1. These Terms and Conditions constitute the contract between the Company and the Client. The Contract is formed upon receipt by us of the Client’s acceptance of the Proposal, which shall detail the entire scope of works, and the payment of the invoice.
    2. Any marketing literature of ours is presented in good faith as a guide to represent the services offered and does not form a part of the Agreement. None of our employees or agents are authorised to make any representation concerning the Services unless confirmed by us in writing. In entering into the Agreement, the Client acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not so confirmed.
    3. Unless otherwise agreed in writing by one of the Company’s directors, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
    4. The Company shall use its best and reasonable endeavours to find a suitable Candidate to fill such vacancies as are notified to the Company by the Client but does not warrant its ability to do this.
    5. All details provided by the Company relating to the Candidates are confidential and such information and should not be passed to any third party, either directly or indirectly.
    6. No variation to these terms and conditions either expressly or implied may be made without the written consent of the Company.
    7. The Company offers an end-to-end Service tailored to our Clients in order to find and place suitable Candidates; this includes;
      1. Working alongside the Client in order to fully understand what you are looking for;
      2. When making first contact with the Client, time will be invested into getting to understand you and your business; this means we will be able to get a deeper understanding of what you are looking for, and we will keep your details for any potential future provision of our Services.
  3. Fees and Payment
    1. The Client agrees to pay the Fees in accordance with these terms of payment.
    2. Payment shall be made within 14 days from the date of invoice in pounds sterling by bank transfer (bacs)
    3. Unless otherwise stated in writing, we shall charge to the Client our reasonable travelling time and travel expenses, accommodation, any incidental expenses for materials used and for third party goods and services supplied in connection with the Services.
    4. The Client will pay the Company for any additional services (and additional expenses incurred as a result) provided by us that are not specified in the Proposal. These additional services shall be charged in accordance with our then current, applicable rate in effect at the time of the performance or such other rate as may be agreed.
    5. The fees are calculated based on the Services being provided on a continuous basis, Projects can not be paused for any reason.
    6. All sums payable by either Party are exclusive of any VAT.
    7. Unless otherwise agreed in writing, our payment terms for our Services are as follows:
      1. 50% deposit due at the time of Acceptance;
      2. 50% due on the placement of a Candidate;
    8. Introduction of Candidates are confidential. Disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in a placement with that third party within 6 months of the Introduction renders the Client liable to payment of an Introduction Fee.
    9. Any Candidates that have been sent and have subsequently been placed renders the Client liable to a payment of an Introduction Fee.
    10. If payment is not received in accordance with clause 3.1 above, the Company reserves the right to charge interest on any outstanding payments at the rate of 8% per annum, until the account is paid in full, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. If the account is in dispute no interest charges will apply until the matter is resolved.
    11. The Company reserves the right to charge the cost of legal expenses, travel and other costs incurred for recovering any outstanding debt.
  4. Client Responsibilities
    1. The Client shall:
      1. Co-operate with the Company in all matters relating to the Services;
      2. Provide to the Company, in a timely manner, all documents and information, in any form (whether owned by the Client or third party) required by us in connection with the Services and ensure that they are complete, accurate and up-to-date;
      3. Ensure that all information provided to the Company does not contain any material which could be regarded as misleading, offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory, or discriminatory; and
      4. Ensure that all information provided to the Company does not contain any material which infringes the rights of any third parties (including, but not limited to, any intellectual property rights).
    2. When making a request to the Company for the fulfilment of a vacancy the Client must provide us with details of:
      1. The position that they wish to fill, which must include the type of work required, the date of commencement, the duration, the hours, rate of pay or amount of remuneration, location, and holidays;
      2. Any risk to health or safety that is known to the Client and what steps the Client has taken to prevent, control or minimise such risks; and
      3. The experience, training, qualifications and other authorisations required by law, the Client and any professional body for the position(s).
    3. The Client acknowledges that the Company is under no obligation to provide the Services until all required information has been provided by the Client in accordance with clause 4.1.2.
    4. The Client shall inform the Company immediately in the event that any information regarding a vacancy significantly changes following the submission of it to the Company. Such changes can be (but are not limited to) job title, job type, role definition and qualifications. The Company reserves the right to charge the Client the cost of any additional work arising as a result of changes to the information and the subsequent cost of making any alterations to vacancy advertisements or other relevant information it holds.
    5. We will use all reasonable endeavours to satisfy the abilities of any Candidate but the Client must satisfy itself as to the suitability of a Candidate for any vacancy, and the Client must be responsible for taking up references and checking the validity of qualifications.
    6. The Client agrees to continue to review CVs submitted by the Company, provide feedback as per clause 4.7 and interview suitable Candidates until an offer has been accepted by the selected Candidate.
    7. The Client must provide CV feedback no later than 3 Business Days after the CV has been submitted by the Company and provide interview dates at the time of feedback.
    8. The Client must attend any interviews agreed and provide interview feedback no later than 3 Business Days after the interview has taken place.
    9. The Client agrees to deliver an offer in writing 3 Business Days after a verbal offer has been issued to the Company.
    10. It shall be the sole responsibility of the Client to obtain any permits (including, but not limited to, work permits) required by a successful Candidate and to arrange for any required medical examinations or investigations in respect of the Candidates.
    11. The Client must notify the Company immediately of any offer of employment they wish to make to a Candidate and provide details of the Candidate’s remuneration so the Company can make the offer. Any acceptance of any offer of employment will immediately be notified to you.
    12. The Client must, within 3 Business Days of offering employment to a Candidate, provide the Company with a written copy of the job offer so this can be delivered to the Candidate.
    13. The Client must keep the Company informed of interview availability dates and any changes to that availability.
    14. The Client shall indemnify the Company against all liabilities, costs, expenses damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with any breach by the Client of this agreement; or the use of our Services by the Client.
  5. Company Responsibilities
    1. The Company shall:
      1. Supply the Services in accordance with this agreement in all material aspects; and with Applicable Law;
      2. use reasonable endeavours to meet any performance dates specified in the Proposal but any such dates shall be estimates only and time for performance by the Company shall not be of the essence of this Agreement;
      3. Find suitable and willing Candidates to fill such vacancies that have been requested by the Client. Upon receipt of such notification from the Client, the Company shall as soon as reasonably practicable notify the Client if the Company believes it is unable to assist with the Client’s requirements. If such notification is sent, the Company shall have no further responsibility to the Client in respect of that vacancy;
      4. commit to working exclusively on the vacancy that has been agreed in the Proposal and not work on a similar vacancy for a different client at the same time, what determines a similar vacancy is under our discretion and is limited to a 20-mile radius;
      5. ensure that all Candidates which are Introduced to the Client have the experience, qualifications and authorisations which are required (and notified) by the Client, by law or by any professional body, for the position(s) that the Client wishes to fill and will also reasonably endeavour to verify the identity of Candidates prior to introducing them to the Client; and
      6. use all reasonable endeavours to ensure that any vacancy or advertisements are published on the date agreed with the Client.
    2. When proposing a Candidate to a Client, the Company shall send the Client written confirmation of:
      1. The identity of the Candidate;
      2. The Candidates’ availability for interview, and potential start date and
      3. The Candidate’s experience, training, qualifications and authorisations necessary for the vacancy.
    3. The Company endeavours to take all such steps as are reasonably practicable to ensure that the Client and the Candidate are aware of any requirements imposed by law or any professional body to enable the Candidate to work in the position the Client seeks to fill and to ensure it would not be detrimental to the Client’s interests or the Candidates interests to work in the said position.
    4. Unless otherwise agreed, if the Candidate leaves the Employment (unless due to redundancy, unfair or constructive dismissal or poor working environment;
      1. within 4 weeks of placement then the Company will seek to find a replacement within 3 months;
      2. within 6 weeks of placement then the Company will seek to find a replacement for 25% of the initial Fee;
      3. within 8 weeks of placement then the Company will seek to find a replacement for 50% of the initial Fee;
  6. Vacancies and Advertisements
    1. The Company shall have the right to decline, cancel or otherwise remove any vacancy or advertisement provided by the Client to us at any time, for any reason and without giving prior notice to the Client.
    2. The Company is entitled to use solely its own database(s) and platform(s) for searching Candidates suitable for the vacancy.
    3. If any vacancy, advertisement or Candidate feedback appears to demonstrate that the Client intends to discriminate/or has discriminated on the grounds of gender, sexual orientation, race religion or age, it will be declined and the contract may be terminated or cancelled in accordance with Clause 7, unless the vacancy is exempted from the provisions of the Sex Discrimination Act 1975; the Employment Equality (Sexual Orientation) Regulations 2003; the Race Relations Act 1976; the Employment Equality (Religion & Belief) Regulations 2003; or the Employment Equality (Age) Regulations 2006. In the case of any applicable exemptions, the vacancy or advertisement must be accompanied by a written statement explaining those exemptions and how they apply to the vacancy or advertisement.
    4. If, in the opinion of the Company, any vacancy or advertisement indicates any illegal purposes on the part of the Client, we may, without notice, report the vacancy and the Client to the relevant authorities. Such authorities may include, but are not limited to, the Department for Work and Pensions, ACAS, the Information Commissioner’s Office; and the Recruitment and Employment Confederation.
    5. Vacancies or advertisements shall remain open and viewable by prospective Candidates for such period as recommended by the Company.
  7. Cancellation
    1. Should the Client cancel the Services, we shall be immediately entitled to payment for 100% of our fees if cancellation takes place
    2. We also reserve the right to levy reasonable cancellation charges, including but not limited to, any administration costs, procurement costs, loss of contract and loss of profit, against the Client and these shall fall due for payment immediately.
    3. If, due to circumstances beyond our control, have to cancel or reschedule any activity, we shall notify the Client immediately. We shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances
  8. Liability
    1. With the exception of death or personal injury, the Company shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client as a result of the introduction of a Candidate to the Client by the Company, the assignment of a Candidate Introduced by the Company, any act or omission by any Candidate, or the failure of the Company to introduce any Candidate to the Client.
    2. The Company shall not be liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client as a result of the Candidate’s negligence, misconduct, dishonesty, lack of qualifications, or lack of skills.
    3. Candidates are under the direct control of the Client during employment. The Client is therefore responsible for any and all acts or omissions of the Candidate which occur in the course of employment.
    4. It is the responsibility of the Client to make their own enquiries and checks to satisfy themselves as to the suitability of any Candidate
    5. The Company gives no guarantee regarding the capability, character, medical condition, age or suitability of the applicant. The final responsibility for accepting and employing the Candidate lies with the Client.
    6. The Company reserves the right to publish any comments provided as part of client feedback with regard to the Company services or the services of a specific Candidate.
    7. In the event of a complaint being made against either the Company or the Candidate, the complaints procedure must be followed.
  9. Data Protection
    1. We respect and value your privacy and also the security of your data. Information that you give to us when contacting us will be used only for the provision of the services.
    2. In order to provide the services, the Company may be required to share the Client’s information with Candidates
    3. Your data is stored securely in accordance with the Data Protection legislation. All such data stored electronically is password protected and encrypted.
  10. Confidentiality
    1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 13.2.
    2. Each party may disclose the other party’s confidential information:
      1. To its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and
      2. As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
  11. Force Majeure: Neither the Client nor the Company shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
  12. Waiver: No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
  13. Set-off: Neither party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under this agreement or any other agreement at any time.
  14. Time: The parties agree that with the exception of payment, the times and dates referred to in this agreement are for guidance only and are not of the essence of the agreement and may be varied by mutual agreement between the parties.
  15. Entire Agreement
    1. In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by us in writing.
    2. This agreement contains the entire agreement between the parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.
  16. Relationship of the Parties: Nothing in the agreement shall constitute or be deemed to constitute a partnership, joint venture, Company or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in this agreement.
  17. Third Party Rights
    1. No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
    2. Subject to this Clause 17, the Agreement shall continue and be binding on the transferee, successors and assigns of either Party as required.
    3. This Agreement is personal to the Client and the Client shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.
    4. The Company may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under this Agreement.
  18. Notices:
    1. Any agreement or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
      1. Delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
      2. Sent by email to the address provided by either party to this agreement.
    2. Any notice or communication shall be deemed to have been received:
      1. If delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
      2. If sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second Business Day after posting or at the time recorded by the delivery service; and
      3. If sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 18.2.3, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
    3. This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  19. Counterparts
    1. This agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
    2. Transmission of the executed signature page of a counterpart of this agreement by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this agreement. If either method or delivery is adopted, without prejudice to the validity of the agreement thus made, each party shall provide the other with the original of such counterpart as soon as reasonably possible thereafter.
  20. Our right to vary these terms and conditions: We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods and changes in relevant laws and regulatory requirements.
  21. Severance: In the event that one or more of the provisions of this agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this agreement. The remainder of this agreement shall be valid and enforceable.
  22. Governing Law and Jurisdiction: This Contract shall in all respects be subject to and construed in accordance with the laws of England and Wales. Any dispute between the parties to this Contract, including any non-Contractual disputes or claims, shall be referred to the exclusive jurisdiction of the courts of England and Wales.

By signing this Agreement, the Client confirms that they have read and agree to the terms and conditions above.