Agree Your Fee - The art of good recruitment.
The following terms and conditions apply to all users that register to use AgreeYourFee.
Any candidate submitted to an employer through AgreeYourFee is considered to be 'live'. Therefore, the 5 Step recruitment process must be completed, ending with the candidate being offered a position and being allocated a start date. The only exceptions are: if the candidate is rejected by an employer, or withdrawn by a recruiter.
Employers or recruiters completing the placement of a previously submitted candiate, outside of the AgreeYourFee process are liable to be charged at the rate outlinned, when the vacant position was published to the AgreeYourFee job board.
These terms and conditions are liable to change without notice or prejudice.
Specific Recruitment Terms and Conditions (Employers / Recruiters / Candidates).
1. Candidate Supplier (“Recruiter”) agrees to provide consultancy recruitment services and all business carried out at any time by the Recruiter is subject to these standard terms unless otherwise agreed in writing. Throughout these terms the word “Employer” means any individual, firm or company to whom the Recruiter has been authorised by the Employer to provide consultancy services.
2. These standard terms apply to an Employer who authorises a person, firm or company (“the engagement”) on a permanent or temporary basis following an introduction by the Recruiter via AgreeYourFee giving rise to a contract of service or for services or made under any agency, license, franchise, service or partnership agreement. The engagement may arise from any candidate whose identity and/or details are communicated in any way to the Employer and any contact by the Employer to a candidate introduced by a Recruiter shall be acceptance of these standard terms.
Recruiters and AgreeYourFee’s fees are payable on a Retained Assignment basis or a Contingency basis and are calculated and payable in accordance with the published fee %, set by the Employer and posted on the Job Board. “Retained Assignment” means an instruction by the Employer and accepted by the Recruiter where Recruiters fees are payable by stage payments calculated in accordance with the Payment of Fees. “Contingency” means an instruction by the Employer and accepted by the Recruiter where the fees are payable on a results basis in accordance with the Payment of Fees.
(a) AgreeYourFee invoice the Employer on an as is basis - no rebates or refunds apply even if the candidate is terminated at any time within the rebate period outlined above. The invoice will be calculated at 15% of the final starting salary amount as advertised on the job board.
(b) Candidates submitted via AgreeYourFee and hired outside of the 5 stage process are still liable to a charge at the published rate - set by the employer when advertising the vacancy. This clause remains in effect for 6 months from the date the candidate was first submitted.
4. The Employer agrees simultaneously to provide to the Recruiter with a copy of any engagement letter issued to a candidate.
5. The payment of the Recruiters and AgreeYourFee;s fees by the Employer shall be due no later than thirty (30) days from the date of the Recruiters and AgreeYourFee’s invoice. The liability for the Recruiters and AgreeYourFee’s fees arises (a) if the Employer engages a candidate within twelve months from the date of introduction by the Recruiter or (b) a candidate introduced by the Recruiter is referred by a member of staff of the Employer or by anyone else who is in any way connected to it to a person firm or company who engages that candidate within twelve months from the Recruiters introduction on a contract of service or for services whether permanently or temporarily or (c) an employee of the Recruiter is employed or is engaged by the Employer in any capacity whatsoever whether permanently or temporarily and in such a case the Recruiters fees shall be equal to the whole of the gross remuneration package payable by the Recruiter to that employee immediately before such engagement by the Employer.
6. Where the Employer employs a candidate introduced by the Recruiter which is terminated for whatever reason within the following periods then the following terms shall apply:-
(a) if termination arises within four weeks of the engagement the Recruiter shall use its best endeavors to provide a suitable replacement candidate within two months from notification of termination to the Recruiter. If the replacement candidate is engaged at a higher salary to that of the original candidate the Recruiter shall be paid a fee in addition to the fee paid for the original candidate calculated on the difference between the gross remuneration package of the original candidate and the replacement candidate and calculated in accordance with the original published fee % percentage as advertised on the AgreeYourFee job board.
For the avoidance of doubt rebates shall immediately apply in the event that the Employer terminates the candidate within the prescribed periods and thresholds listed above.
(b) If a candidate is made redundant within the first 12 weeks no rebates will apply.
(c) AgreeYourFee invoices are final - no rebates may be claimed from AgreeYourFee.
7. No rebate period shall apply where fees are not paid in thirty (30) days from date of invoice. Value Added Tax at the prevailing rate is charged on all fees.
8. The Recruiter reserves the right to charge interest at 4 per cent per annum above the prevailing Base Rate of Barclays Bank Plc on any invoice which remains unpaid thirty days after the date of such invoice calculated daily until payment in full is made.
9. These terms shall apply to any introduction of a candidate made by the Recruiter to an Employer whether or not the Recruiters letter of engagement is signed or is later ascertained to be signed by a person who had no authority to do so by the Employer.
10. Recruiters will endeavor to ensure the suitability of any candidate introduced to it but will not (a) be responsible for checking the truthfulness of a candidate’s replies or (b) for taking up references or (c) satisfying itself as to the capabilities, integrity, medical history and suitability of a candidate to meet the job specification or (d) for obtaining medical or other requirements or for work permits or other permits which shall be the responsibility of the Employer.
11. The Recruiter shall not be liable whether on behalf of itself or on behalf of its employees or agents for any loss damage costs or expenses whatsoever or injury arising directly or indirectly in connection with any act or omission of any candidate introduced by it.
12. Where any candidate introduced by the Recruiter to a Employer is rejected initially but is employed subsequently by that Employer within twelve months of such introduction the Employer shall pay the Recruiter its fees in full in respect of that candidate as if such rejection had not occurred.
13. The Employer’s liability for the Recruiters fees arises where the Recruiter introduces a candidate who is not employed or engaged by the Employer but is referred directly or indirectly by the Employer or on its behalf to a third party which includes another company or business in the same group of companies as the Employer where such third party employs or engages the candidate.
14. The Recruiter or the Employer shall be entitled to terminate the Recruiters retainer for consultancy services subject to one months’ prior written notice. Such termination shall not (a) prejudice or affect the rights of either party against the other in respect of any prior breach of these standard terms or as varied in writing or (b) prejudice or affect the right of the Recruiter to receive by way of compensation a fee for the work carried out by the Recruiter prior to termination which will be calculated at the rate of 50 per cent of the fees which would have been due to the Recruiter had such termination not taken place.
15. In the event of a dispute arising between the Recruiters standard terms of business and the Employer’s standard terms of business these terms shall prevail.
16. These standard terms shall continue in full force and effect in respect of all candidate introductions made by the Recruiter to an Employer unless otherwise expressly varied or agreed otherwise in writing.
17. These terms shall be governed and construed in accordance with English law
General AgreeYourFee site terms and conditions:
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“AgreeYourFee
“Service” means collectively any online facilities, tools, services or information that AgreeYourFee makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that AgreeYourFee makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by AgreeYourFee and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.agreeyourfee.com) and any sub-domains of this site (e.g. subdomain.www.agreeyourfee.co.uk) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of AgreeYourFee, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by AgreeYourFee. Specifically you agree that:
2.2.1 You will not use the Content of the Web Site for commercial purposes;
2.2.2 You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by AgreeYourFee;
2.2.3 You may, as a student of a recognised Learning Establishment, use the Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;
2.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of AgreeYourFee or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.agreeyourfee.co.uk/page/1/home/ without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of AgreeYourFee. To find out more please contact us by email at admin@agreeyourfee.com or by calling 0207 9932842.
7. Use of Communications Facilities and Content Submission
7.3 When given using the jobs board, candidate submission facilities and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
7.3.5 you must not use obscene or vulgar language;
7.3.6 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.3.7 you must not submit Content that is intended to promote or incite violence;
7.3.8 it is advised that posts on job boards, message boards, chat facilities or similar and communications with AgreeYourFee are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.3.9 content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
7.3.10 you must not post links to other web sites containing any of the above types of Content;
7.3.11 the means by which you identify yourself must not violate these terms of use or any applicable laws;
7.3.12 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
7.3.13 you must not impersonate other people, particularly employees and representatives of AgreeYourFee or our affiliates;
7.3.14 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.3.15 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.4 You acknowledge that AgreeYourFee reserves the right to monitor any and all communications made to us or using our System.
7.5 In order to use the Jobs board, candidate submission facilities and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details.
By continuing to use this Web Site you represent and warrant that:
7.5.16 any information you submit is accurate and truthful; and
7.5.17 you will keep this information accurate and up-to-date.
7.5.18 you have the full permission of any person who’s details you add.
7.6 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. AgreeYourFee accepts no responsibility or liability for any infringement of third party rights by such Content. [Further, you waive all moral rights in the Content to be named as its author and grant AgreeYourFee a licence to modify the Content as necessary for its inclusion on the Web Site. AgreeYourFee accepts no responsibility or liability for any infringement of third party rights by such Content.]
7.7 AgreeYourFee will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
7.8 Unless a User informs AgreeYourFee otherwise, in advance of posting, in writing, and AgreeYoyrFee agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as AgreeYourFee may deem appropriate under a royalty-free, perpetual basis.
7.9 Content submitted by Users is not screened by AgreeYourFee prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to admin@agreeyourfee.com. This does not constitute an undertaking to explain our actions.
8. Termination and Suspension
In the event that any of the provisions of Sub-Clause 7.1, above, are not followed, AgreeYourFee reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
9. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
10. Disclaimers
10.10 AgreeYourFee makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
10.11 Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, AgreeYourFee makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
10.12 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
10.13 The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and AgreeYourFee makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
10.14 Whilst every effort has been made to ensure that all descriptions of services available from AgreeYourFee correspond to the actual services available, AgreeYourFee is not responsible for any variations from these descriptions.
10.15 Recruiters and Employers completing the registration of the site acknowledge that statistics relating to their hiring / recruitment trends will be clearly available to other registered users requesting to proceed through the 5 step recruitment process. This information will not be made available to people not using the AgreeYourFee service.
11. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality
AgreeYourFee accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship
“System” means any online communications infrastructure that AgreeYourFee makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by AgreeYourFee and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.agreeyourfee.com) and any sub-domains of this site (e.g. subdomain.www.agreeyourfee.co.uk) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of AgreeYourFee, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by AgreeYourFee. Specifically you agree that:
2.2.1 You will not use the Content of the Web Site for commercial purposes;
2.2.2 You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by AgreeYourFee;
2.2.3 You may, as a student of a recognised Learning Establishment, use the Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;
2.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of AgreeYourFee or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.agreeyourfee.co.uk/page/1/home/ without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of AgreeYourFee. To find out more please contact us by email at admin@agreeyourfee.com or by calling 0207 9932842.
7. Use of Communications Facilities and Content Submission
7.3 When given using the jobs board, candidate submission facilities and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
7.3.5 you must not use obscene or vulgar language;
7.3.6 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.3.7 you must not submit Content that is intended to promote or incite violence;
7.3.8 it is advised that posts on job boards, message boards, chat facilities or similar and communications with AgreeYourFee are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.3.9 content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
7.3.10 you must not post links to other web sites containing any of the above types of Content;
7.3.11 the means by which you identify yourself must not violate these terms of use or any applicable laws;
7.3.12 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
7.3.13 you must not impersonate other people, particularly employees and representatives of AgreeYourFee or our affiliates;
7.3.14 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.3.15 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.4 You acknowledge that AgreeYourFee reserves the right to monitor any and all communications made to us or using our System.
7.5 In order to use the Jobs board, candidate submission facilities and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details.
By continuing to use this Web Site you represent and warrant that:
7.5.16 any information you submit is accurate and truthful; and
7.5.17 you will keep this information accurate and up-to-date.
7.5.18 you have the full permission of any person who’s details you add.
7.6 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. AgreeYourFee accepts no responsibility or liability for any infringement of third party rights by such Content. [Further, you waive all moral rights in the Content to be named as its author and grant AgreeYourFee a licence to modify the Content as necessary for its inclusion on the Web Site. AgreeYourFee accepts no responsibility or liability for any infringement of third party rights by such Content.]
7.7 AgreeYourFee will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
7.8 Unless a User informs AgreeYourFee otherwise, in advance of posting, in writing, and AgreeYoyrFee agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as AgreeYourFee may deem appropriate under a royalty-free, perpetual basis.
7.9 Content submitted by Users is not screened by AgreeYourFee prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to admin@agreeyourfee.com. This does not constitute an undertaking to explain our actions.
8. Termination and Suspension
In the event that any of the provisions of Sub-Clause 7.1, above, are not followed, AgreeYourFee reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
9. Privacy
Use of the Web Site is also governed by our Privacy Policy
10.15 Recruiters and Employers completing the registration of the site acknowledge that statistics relating to their hiring / recruitment trends will be clearly available to other registered users requesting to proceed through the 5 step recruitment process. This information will not be made available to people not using the AgreeYourFee service.