Split Fee – Terms of Business

Split Fee – Terms of Business

This document together with the documents it refers set out the Terms which apply when you post or engage on a Split Fee vacancy on Our Marketplace. By accepting these Terms, you warrant that you have full capacity and authority to enter into and perform an Agreement with us to use the Marketplace Services and work on Split Fee positions, and are duly authorised to bind the party for whom you act. You should print a copy of these Terms for future reference.

DEFINITIONS AND INTERPRETATION

1.1 In these Terms, the following definitions shall apply:

Agreement: The agreement between Us and you pursuant to which you make use of the Marketplace Services, the terms of which are set out in these Terms.

AWR: The Agency Workers’ Regulations 2010.

Candidate: A person Introduced, directly or indirectly, by the Recruiter to the Employer through the Marketplace Services, to be considered for a Vacancy.

Conduct Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 2003.

Commission: The fee We deduct from a Placement Fee for the Marketplace Services We provide to Recruiters. The Commission is calculated depending upon the Recruiter Subscription Plan the Recruiter has at the time of Engagement on a Vacancy.

Company Agreement: the agreement entered into between Us and a Marketplace or Portal client for Our provision of administrative, management, and support services related to their Marketplace or Portal client account.

Consent Confirmation: A Recruiter must send a copy of Our consent confirmation email to the Candidate/Contractor(s) they wish to submit for a Vacancy.  The Recruiter must receive an electronic written reply to the consent confirmation email from the Candidate/Contractor confirming that they are happy to be put forward and considered for a Vacancy, be represented by the Recruiter for submission to the named company, and that to the best of their knowledge they have not applied directly or via another recruitment agency for the same role.

Contractor: A person or company Introduced, directly or indirectly, by the Recruiter to the Employer through the Marketplace, to be considered for an Assignment.

Data Protection Laws: The EU General Data Protection Regulation 2016/679 (“GDPR”), the Data Protection Act 2018 and any applicable statutory or regulatory provision, as amended or updated from time to time, and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.

Engagement: The act of an Employer or Split Fee Recruiter accepting a Recruiter’s request to engage on the Employer’s or Split Fee Recruiter’s Vacancy on the Marketplace, to allow the Recruiter to see the full Vacancy details and submit Candidate(s) to the Vacancy.

Fee Period: The period a Recruiter is deemed to have ownership of a Candidate which shall be six months from the date of submission of such Candidate’s CV on the Marketplace.

Introducer: Our role as the introducing party in an Introduction.

Introduction: The process of introducing a Candidate to an Employer or Split Fee Recruiter by a Recruiter via the Marketplace, following the Employer posting a Vacancy and “Introduced” shall be construed accordingly.

Marketplace: Means the Marketplace contained within Our Site in which an Employer or authorised Split Fee Recruiter may post Vacancies and source Candidates and a Recruiter may submit Candidates to Vacancies.

Marketplace Services: The provision by Us of the Marketplace, as further described on Our Site from time to time.

Our Site: www.hiring-hub.com

Permanent Recruitment: Employment of a Candidate on a permanent employment contract

Placement: Employment of a Candidate by or on behalf of an Employer directly or indirectly following the supply of a Candidate by a Recruiter via the Marketplace, directly or indirectly, and whether under a contract for services or otherwise, and whether on a permanent, temporary contract, or other basis.

Placement Fee: The fee set by an Employer or Split Fee Recruiter when posting a Permanent Recruitment Vacancy, which is payable by the Employer or Split Fee Recruiter to Us upon the Placement of a Candidate. The fee shall be a percentage of

the candidate’s first year’s salary. Once set by the Employer or Split Fee Recruiter when uploading a Permanent Recruitment Vacancy, the % fee may be increased but it may not be reduced.

Recruiter: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) who uses the Marketplace Services to introduce Candidates and/or Contractors to Employers in respect of any Vacancy.

Recruiter Fee: The fee payable to a Recruiter upon a Placement, which is calculated as the Placement Fee minus Our Commission.

Screen/Screened Candidates: A Recruiter must obtain Consent Confirmation from a Candidate prior to submitting a

Candidate for a Vacancy.  The Recruiter must disclose to the Candidate the name of the company which is recruiting for the

Vacancy, for the Candidate to be correctly defined as a Screened Candidate in accordance with these Terms. For

Candidates applying via any job advert placed by the Recruiter, their application alone is not sufficient to be considered as

a Screened Candidate under these Terms. A Recruiter must obtain further Consent Confirmation from the Candidate following a Candidate applying for a job via any job advert posted by the Recruiter.

Split Fee: Means a Recruiter authorised to post a Vacancy on Our Marketplace to source Candidates from fellow Recruiters. The split of placement fees between agencies shall be pre-agreed in writing between Us and the Split Fee Recruiter.

Split Fee Recruiter Means the Recruiter authorised to post a Split Fee Vacancy on the Marketplace.

Start Date: The date on which a Candidate or Contractor commences a Placement with an Employer.

WTR: The Working Time Regulations 1998.

1.2 In these Terms:

1.2.1 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa;

1.2.2 The headings are for convenience only and do not affect their interpretation;

1.2.3 Any reference to a statute, statutory provision or any subordinate legislation shall be construed as including a reference to that statute, provision or subordinate legislation as from time to time modified or consolidated, superseded, re-enacted or replaced

1.2.4 Any phrase introduced by the terms ‘including’, ‘include’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.2.5 Reference to ‘in writing’ and ‘written’ shall include by email.

STATUS

Nothing in these Terms will create a partnership or joint venture between us. We are an independent provider of services to you and are not employed by you.

OBLIGATIONS OF THE SPLIT FEE RECRUITER FOR PERMANENT RECRUITMENT

2.1 The Split Fee Recruiter agrees to notify Us immediately when an offer of employment has been accepted by a Candidate in order for Us to raise the correct invoice for the Placement Fee. This invoice will be issued by Us to the Split Fee Recruiter on the Candidate’s Start Date.

2.2 Unless otherwise agreed in a Company Agreement the Split Fee Recruiter shall ensure the ultimate Employer satisfies itself as to the suitability of any Candidate for the purposes of the Vacancy for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Split Fee Recruiter that it is for them and the Employer they are working with to take up references, to check the truthfulness of a Candidate’s application and employment history, to undertake any additional security or criminal record checks, to check the validity of education and qualifications and, where the Vacancy requires, to ensure that a Candidate is capable of operating any equipment and/or machinery to the necessary level. The Split Fee Recruiter and ultimate Employer shall be responsible for obtaining any work and other permits and for ensuring that a Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.

2.3 The Split Fee Recruiter shall use its best endeavours to keep confidential any confidential information of any Candidate (including without limitation any CV or other information provided in support of an application for a Vacancy) that is provided to the Split Fee Recruiter in connection with the Marketplace Services.

2.4 The Split Fee Recruiter undertakes that where:

  • any Candidate introduced by a Recruiter to the Split Fee Recruiter via the Marketplace is initially rejected but is later approached and Placed by the Split Fee Recruiter within the period of six months of the initial

Introduction, the Split Fee Recruiter agrees the split the Placement Fee 50/50 with the Recruiter that originally submitted the Candidate as if such rejection had not occurred;

  • in the event of the Split Fee Recruiter effectively introducing (directly or indirectly) any Candidate to another person, firm or corporation, resulting in an Engagement by that person, firm or corporation (of which fact the Split Fee Recruiter shall immediately notify Us) the Split Fee Recruiter shall be responsible for the Placement Fee as if the Candidate had been introduced to such third party via the Marketplace, unless such Engagement occurs more than six months after the initial Introduction of the Candidate.
  • The Split Fee Recruiter consents to the disclosure by Us to Recruiters and Candidates of information relating to the Employer which the Split Fee Recruiter has provided to Us.
  • In the event of non-payment by the Split Fee Recruiter of the Placement Fee, the Split Fee Recruiter hereby agrees that We shall be permitted to assign to the Recruiter the debt relating to such non-payment and the ensuing right of action.
  • In the event that the Employer and/or Split Fee Recruiter has previously received the CV of a Candidate who it subsequently decides to employ or engage from a source other than a specific Recruiter, the Employer and/or Split Fee Recruiter is responsible for providing the proper evidence that the new engagement was not the result of the Recruiter’s submission, but rather of having received the CV previously. In the event of such a dispute We will investigate and based upon the available evidence as an independent party make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
  • The Split Fee Recruiter agrees that they shall not approach directly any Recruiters to whom they have been introduced to by Us, and engaged with on the Marketplace, for a period of 12 months after the introduction, engagement, or submission of such a Candidate through or by Us, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the Introduction.
  • The Split Fee Recruiter agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the

Marketplace Services or Our Site with the intent or effect of depriving Us of due compensation, Commissions or Placement Fees. If an Split Fee Recruiter is found to have contacted a Recruiter directly to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation, Commissions or Placement Fees, within the period of 12 months after the introduction, engagement, or submission of a Candidate on Our Marketplace, the Split Fee Recruiter will be liable to pay Us within 14 days of receipt of invoice any Commission that would have been due to Us had the Placement(s) made with that Recruiter taken place on Our Marketplace.

OBLIGATIONS OF THE RECRUITER FOR SPLIT FEE RECRUITMENT

3.1 The Recruiter warrants that they are suitable to act as an Employment Agency and agree that they shall at all times comply with the Conduct Regulations, and the Equality Act 2010.

3.2 When engaged with a Split Fee Recruiter on the Marketplace, the Recruiter shall not publish or use the original Employer’s company name or brand publicly when advertising the Split Fee Vacancy and searching for Candidates.

3.3 When uploading a Candidate’s CV onto the Marketplace, the Recruiter shall anonymise the CV so as not to include any personally identifiable information about the Candidate.

3.4 The Recruiter will use reasonable endeavours to introduce suitable Candidates to Split Fee Recruiters via the Marketplace.  The Candidates must meet the specification set out by the Split Fee Recruiter in the Vacancy and the Recruiter agrees to properly Screen Candidates which they submit to Vacancies.

3.5 All CV submissions for Vacancies must be sent through Our Site. Any actions that circumvent or attempt to circumvent Our Site and the Marketplace/Portal Services by submitting CVs in any other way will lead to Account termination and potentially all loss of Account information, Account data, and Account reviews. In the event of such termination. We shall be under no obligation to refund any Recruiter Subscription Fee or pay any Placement Fee received from an Employer in respect of any Candidate submitted by the Recruiter.

3.6 The Recruiter agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the

Marketplace/Portal Services or Our Site with the intent or effect of depriving Us of due compensation, Commissions or Placement Fees.

3.7 The Recruiter agrees that they shall not approach directly any Employers to whom they have been introduced to by Us or a Split Fee Recruiter, engaged with on the Marketplace, or submitted any Candidate CVs or information to, for a period of 12 months after the introduction, engagement, submission of such a Candidate by Us, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the Introduction.

3.8 If a Recruiter is found to have contacted an Employer directly to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation, Commissions or Placement Fees, the Recruiter’s Account will be suspended immediately during a period of investigation. If evidence of wrongdoing is confirmed the Recruiter’s Account will be deleted and all data, ratings, and customer reviews will be lost.

3.9 Furthermore, if without written consent from Us, the Recruiter approaches directly any Employers to whom they have been Introduced to by Us or a Split Fee Recruiter, engaged with on the Marketplace, or submitted any Candidate CVs or information to, within a 12 month period from such Introduction, engagement or submission, the Recruiter will be liable to pay Us within 14 days of receipt of invoice any Commission that would have been due to Us had the Placement(s) the Recruiter has made with that Employer taken place on Our Marketplace.

3.10 Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Site unless authorised by Us to utilise Our Split Fee Marketplace.

3.11 Candidates are represented by the first Recruiter to submit the Candidate in question to the Split Fee Recruiter through Our Site. This clause shall not apply in the instance that a Recruiter who submits the Candidate first, cannot prove that the Candidate in question is a Screened Candidate including providing Consent Confirmation. This must be validated independently by the Candidate.

3.12 If a Recruiter submits a Candidate for a Vacancy and the Candidate is employed by the ultimate Employer, the Recruiter may not be eligible for the Placement Fee in the event that the Employer or Split Fee Recruiter has previously received that Candidate’s CV, or was aware of the Candidate through another source. The Employer and Split Fee Recruiter are responsible for providing the proper evidence that the new engagement was not the result of the Recruiter’s submission, but rather of having received the CV previously. In the event of such a dispute, as a neutral party We will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final.

3.13 Provided that an Employer or Split Fee Recruiter is not already aware of a Candidate, and the Recruiter can provide evidence of this, the Recruiter shall be deemed to have ownership of a Candidate for the duration of the Fee

Period.  Should the Candidate be employed or engaged by the Employer or Split Fee Recruiter during the Fee Period we shall invoice the Split Fee Recruiter for the same percentage of the Placement Fee set by the Split Fee Recruiter when the Vacancy was originally posted on the Split Fee Marketplace. The Recruiter shall promptly provide Us with accurate information regarding the Start Date of the successful Candidate.

FEES (SPLIT FEE RECRUITMENT ONLY)

4.1 Where a Candidate is submitted by a Recruiter via the Marketplace and is successfully appointed in a posted Split Fee

Recruiter Vacancy, or within any other role within the Employer’s organisation (including any organisation within the Employer’s group), We will invoice the Split Fee Recruiter on the Candidate’s Start Date for 50% of the total Placement Fee the Split Fee Recruiter set when positing the job.

4.3 The Placement Fee is payable to Us within 30 days of the Candidate’s Start Date. If the Candidate in question does not commence employment, the Placement Fee shall not be payable and, if it has been paid to Us, it will be refunded in full and a credit note will be issued.

4.4 An Split Fee Recruiter will be liable for the Placement Fee in respect of a Candidate, where within six months of the Candidate being introduced:

4.4.1 the ultimate Employer employs that Candidate on a permanent basis; or

4.4.2 the ultimate Employer initially rejects the Candidate, but subsequently employs the Candidate or engages with the Candidate in any capacity; or

4.4.3 the ultimate Employer or Split Fee Recruiter refers the Candidate to a another third party, including another company or business in the Employer’s group of companies, and that third party employs or engages with the Candidate.

4.5 The Placement Fee excludes VAT and other duties or taxes, which will be payable by the Employer at the rate in force on the date of invoicing.

64.6 We shall be entitled to deduct from any payments due to a Recruiter any amounts to account for any damages, losses or costs suffered or incurred by Us arising as a result of a Recruiter’s breach of this Agreement or its negligent acts or omissions.

4.7 If any amount payable under these Terms is not paid in full and on time, interest will be payable on such amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date of invoice up to and including the date of payment.

REBATE & FREE REPLACEMENT (SPLIT FEE ONLY)

5.1 The Rebate Period shall run from a Candidate’s Start Date and the length of the Rebate Period shall be 60 days.  In the event that a Candidate terminates employment, or the Employer lawfully terminates the employment within the Rebate Period, a Rebate will be issued, provided that:

5.1.1 The Placement Fee has been paid by the Split Fee Recruiter to Us within 30 days from date of invoice and/or Candidate’s start date;

5.1.2 The termination is not as a result of redundancy, corporate restructuring, pregnancy, injury or ill health, or by reason of the Candidate’s age, race, gender, sexual orientation or disability;

5.1.3 The termination has not arisen where the ultimate Employer has entered into the employment of the Candidate with the prior or likely intention of disposing with the Candidate’s services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;

5.1.4 The Split Fee Recruiter serves a 7-day notice to Us by e-mailing [email protected] or their Hiring Hub Account manager.

5.2 Unless other stated at job level The Rebate shall be:

  • 0-45 days – 100% of the Placement Fee
  • 46-60 days – 50% of the Placement Fee
  • The Rebate shall be repayable to Us in full where the Employer or Split Fee Recruiter, any subsidiary, associated or holding company of the Employer subsequently re-engages the Candidate in any capacity within a period of six months.
  • If the Split Fee Recruiter fails to pay the Placement Fee within 30 days of the date of Our invoice, the Employer will lose the benefit of these Rebate provisions and no Free Replacement will be offered or Rebate shall be payable.

THE RECRUITER FEE AND COMMISSION (PERMANENT RECRUITMENT)

6.1 On a Candidate’s Start Date, We shall invoice the Split Fee Recruiter for 50% of the Placement Fee it specified when posting its Vacancy, calculated as a percentage of the successful Candidate’s first year salary.

6.2 On a Candidate’s Start Date the Recruiter should invoice Us for its Recruiter Fee being a sum equal to 50% of the Placement Fee, minus Our Commission. The Commission payable corresponds with the Recruiter’s Subscription Plan, set out on the recruitment agency pricing page of Our Site.

6.3 Unless otherwise agreed, subject to Our receipt of the Placement Fee, we will pay 50% of the Recruiter Fee to the successful Recruiter on or around the 46th day following the Candidate’s Start Date and the remaining 50% of the Recruiter Fee to the Recruiter on or around the 61st day following the Candidate’s Start Date (provided that no Rebate has been paid or is to be paid pursuant to clause 7 or otherwise).

DUPLICATE CANDIDATE SUBMISSION PROCEDURE

7.1 In the event that a Candidate is submitted for a Vacancy by more than one Recruiter:

  • the Recruiter who can provide the Candidate Consent Confirmation is considered to be the Recruiter representing that Candidate;
  • if all the Recruiters have Consent Confirmation, then the Recruiter who obtained the Consent Confirmation from the Candidate first, will represent the Candidate; and
  • if a Recruiter has the Candidate Consent Confirmation but had submitted the Candidate for the Vacancy prior to obtaining the Consent Confirmation, then the Recruiter who has followed the correct procedure in obtaining the Consent Confirmation before submitting the Candidate for the Vacancy is considered to be the representing Recruiter.

7.2 If none of the Recruiters representing the same Candidate for the same Vacancy have obtained Consent Confirmation for that Candidate, then ownership of the Candidate for the purpose of the Placement will lie with the Recruiter who submitted the Candidate to the Marketplace first.  Consent Confirmation must then be obtained retrospectively in order that the Candidate may be a properly Screened Candidate.

 

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