1. Definitions
In this agreement, the following definitions apply:
a. Humucare & Cleaning Ltd: Refers to our registered agency providing caregiving and cleaning services and supplying cleaning operatives, care support workers, and teaching assistants in and around West Midlands.
b. Cancellation Fee: The fee payable by the Client to the Agency when the Client withdraws an offer of Engagement made to the Candidate before the Candidate has accepted the offer.
c. Candidate: Refers to the person introduced by the Agency to the Client for an Engagement.
d. Data Protection Laws: Refers to the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679), and any applicable statutory or regulatory provisions relating to the protection and transfer of personal data.
e. Engagement: The engagement, employment, or use of the Candidate by the Client or any third party introduced by the Client.
f. Introduction: The passing of a curriculum vitae or information identifying the Candidate to the Client, or the Client's interview of a Candidate, which leads to an Engagement.
g. Introduction Fee: The fee payable by the Client to the Agency for an Introduction resulting in an Engagement.
h. Losses: All losses, liabilities, damages, costs, expenses, fines, penalties, or interest incurred by the Client.
i. Remuneration: Includes gross base salary or fees, bonuses, allowances, and other payments payable to the Candidate for services rendered.
j. Replacement Candidate: A Candidate introduced by the Agency to replace another Candidate whose Engagement did not commence or was terminated within the first 12 weeks.
k. Vulnerable Person: Any person in need of care or attention due to age, infirmity, illness, disability, or other circumstances, including those under the age of eighteen.
2. Contract
These terms constitute the contract between the Agency and the Client for the Introduction of permanent or contract staff. By engaging a Candidate or passing Candidate information to third parties, the Client accepts these terms.
3. Notification and Fees
The Client agrees to notify the Agency immediately of any offer of Engagement to a Candidate and pay the Introduction Fee within 30 days of the Candidate commencing the Engagement.
4. Refunds
Refunds of 50% of the Introduction Fee are applicable if the Engagement does not commence or is terminated within 12 weeks, subject to conditions.
5. Introductions to Third Parties
Client's disclosure of Candidate details to third parties resulting in an Engagement within 6 months may incur an Introduction Fee.
6. Sponsorship of Candidate
If a Candidate is sponsored from outside the UK by the Client, a fee is payable to the Agency. Compliance with equality and accommodation standards is required.
7. Suitability Checks
The Agency ensures Candidate suitability and the Client undertakes additional checks for the position.
8. Cancellation
Cancellation without charge is possible within specified timeframes. Cancellation after Candidate arrival may incur fees.
9. Termination
Termination requires written notice. Exceptions include care level changes, non-compliance, or safety concerns.
10. Intellectual Property Rights
The Agency may use the Client's logo for marketing purposes with consent.
11. Confidentiality and Data Protection
Client agrees to abide by Data Protection Laws regarding Candidate information and confidentiality of Agency business.
12. Liability
The Agency is not liable for Client losses except where prohibited by law.
13. Notices
All notices must be in writing and deemed served upon delivery.
14. Severability
If any provision of these terms is unenforceable, it shall not affect the enforceability of the remaining provisions.
