1. Introduction
These Terms and Conditions (the "Terms") govern the use of recruitment services provided by Progress Recruitment ("we", "our", or "us"). By engaging our services, you ("Client", "you", or "your") agree to these Terms. If you do not agree with these Terms, you should not use our services.
2. Definitions
"Client" refers to the company, organisation, or individual who engages Progress Recruitment for recruitment services.
"Candidate" refers to any individual referred to a Client by Progress Recruitment for employment consideration.
"Fee" refers to the payment due to Progress Recruitment for successfully placing a Candidate with the Client.
"Services" refers to the recruitment services provided by Progress Recruitment, including but not limited to candidate sourcing, screening, and placement.
"Candidate Referral" refers to the introduction of a Candidate by Progress Recruitment, either through direct presentation or a formal introduction to the Client.
3. Scope of Services
We provide recruitment services to help you find qualified Candidates for your vacancies. Our services include:
- Sourcing Candidates: Identifying and shortlisting potential Candidates for your role.
- Screening: Conducting initial interviews and assessments to ensure Candidates meet your requirements.
- Introduction: Presenting suitable Candidates to the Client for interviews and consideration.
- Assistance with Negotiations: Supporting negotiations between the Client and Candidate on salary, benefits, and terms of employment.
We do not provide any guarantees or warranties regarding the future performance or longevity of Candidates placed by us.
4. Fees & Payment Terms
- Pricing Model: Our fees are based on the Candidate's salary range, and the applicable fees will depend on the specific salary of the placed Candidate.
- Exclusive Discount: Clients who engage exclusively with Progress Recruitment will receive a discount on the applicable flat fee or percentage-based fee.
- Volume Discount: Clients who hire multiple Candidates within a set period may be eligible for a discount per placement. These discounts cannot be combined unless otherwise agreed upon.
- Payment Terms: Payment is due within 30 days from the date of the invoice, which will be issued after the Candidate’s employment commences. For percentage-based fees, invoices will be calculated based on the agreed base salary of the Candidate. Late payments will incur a late fee per week, in addition to the outstanding balance. In the event of non-payment, we may suspend our services, and all amounts outstanding will become immediately due and payable. We reserve the right to take legal action to recover unpaid fees.
5. Refund and Replacement Policy
- If a Candidate placed by Progress Recruitment leaves or is terminated within three (3) months of employment due to failing probation criteria, the Client is entitled to a 50% refund of the fee paid.
- Refunds apply only to fees fully paid and do not cover situations where the Candidate is made redundant, the role is eliminated, or significant changes are made to the role after commencement.
- Clients must notify Progress Recruitment in writing within 7 days of the Candidate’s departure to be eligible for a refund.
- At our discretion, Progress Recruitment may assist in sourcing a replacement Candidate without additional fees, subject to availability.
6. Candidate Ownership
- If the Client hires a Candidate introduced by Progress Recruitment, directly or indirectly, within 12 months of the initial introduction, the Client is liable to pay the full Fee.
- A Candidate is considered introduced when Progress Recruitment provides the Client with the Candidate’s CV, arranges a formal meeting, or otherwise makes the Candidate known to the Client.
- The 12-month ownership period applies even if the Client initially decides not to hire the Candidate.
- For percentage-based placements, if a Candidate is rehired, promoted, or engaged under new terms within the 12-month period, the Fee will be recalculated based on the new salary package, applying only to material changes (e.g., salary increase ≥10% or substantially different employment contract).
7. Confidentiality
Both parties agree to treat all shared confidential information with the utmost care and confidentiality. This includes personal information about Candidates, salary details, interview feedback, and proprietary information. Confidential information should not be disclosed to third parties without prior written consent, except where required by law.
8. Client Responsibilities
- Cooperation: The Client agrees to cooperate fully, including providing accurate job descriptions and timely feedback on Candidates.
- Due Diligence: The Client is responsible for verifying qualifications, references, and legal work eligibility.
- Interview Process: The Client is responsible for scheduling and conducting interviews.
- Candidate Progress Updates: The Client agrees to provide updates regarding the Candidate's probation period.
9. Liability and Disclaimer
- No Guarantee of Placement: Progress Recruitment does not guarantee that any Candidate introduced will be hired or that they will remain in employment for a specific period.
- Limitation of Liability: Progress Recruitment is not liable for any indirect, special, or consequential damages arising from the recruitment process. Liability is capped at the fee paid for the specific recruitment service.
- Indemnity: The Client agrees to indemnify Progress Recruitment from any claims, liabilities, or expenses arising from the recruitment process.
10. Termination of Services
Either party may terminate the recruitment process at any time with written notice. If termination occurs after a Candidate introduction, a partial fee may be due based on the stage of recruitment completed. Any partial fees due will be non-refundable.
11. Data Protection and Privacy
We collect, store, and process personal data in accordance with applicable data protection laws. The Client is responsible for ensuring compliance with data protection regulations when processing Candidate data.
12. Dispute Resolution
- Informal Negotiation: Parties will attempt to resolve disputes through informal negotiation.
- Mediation or Arbitration: If unresolved, disputes will be referred to mediation or arbitration.
- Governing Law: These Terms are governed by UK law, and disputes will be subject to the jurisdiction of the courts of England.
13. Changes to Terms and Conditions
We reserve the right to modify these Terms at any time. Updates will be posted on our website and will take effect immediately. Significant changes will be communicated at least 14 days in advance.
14. Contact Information
For questions regarding these Terms and Conditions, contact Progress Recruitment
15. Social Media and Marketing
The Client agrees to allow Progress Recruitment to reference the engagement in marketing, unless they opt out in writing.
16. Governing Language
These Terms and Conditions are written in English and will be the governing language in case of disputes.
17. Client Feedback and Satisfaction
We value our clients and welcome feedback to improve our services. If dissatisfied, please contact us to address concerns promptly.
By using our services, you agree to these Terms and Conditions. Please review these Terms periodically for updates. If you have any questions, feel free to contact us.
