Monday Matters Recruitment Ltd - Terms of Business
These Terms and Conditions shall apply to the provision of Services by the Agency to the
Client.
1. Definitions
1.1. “Agency” refers to Monday Matters Recruitment Ltd a company registered in the UK under number 15132311 whose registered office is at Monday Matters Recruitment Ltd, 2 Hobart Drive, Norwich, Norfolk, NR13 5FS.
1.2. "Client" refers to the organization or individual engaging Monday Matters Recruitment Ltd to provide recruitment services.
1.3. "Candidate" refers to the individual introduced to the Client by Monday Matters Recruitment Ltd for the purpose of employment.
1.4. "Introduction" refers to the provision of a Candidate's details to the Client, including but not limited to a CV or resume, interview notes, or any other relevant information.
1.5. “Interview” refers to any meeting, conversation or other correspondence between the Candidate and the Client, regardless whether such meeting, conversation or correspondence takes place in person, over the phone, over the internet, or through any other medium.
1.6. “Fee” refers to the cost or charges in respect of an Engagement (calculated as 15% of the Remuneration) together with VAT as applicable (or where no fee has been quoted or given a reasonable fee).
2. Engagement
2.1. These terms of business govern the relationship between Monday Matters Recruitment Ltd and the Client for the provision of recruitment services.
2.2. By instructing Monday Matters Recruitment Ltd to provide recruitment services, the Client accepts and agrees to these terms.
3. Fees and Payment
3.1. The Client agrees to pay Monday Matters Recruitment Ltd a fee for successful placements as follows: 15% of the total basic annual salary payable to the candidate pursuant to the engagement during the first 12 months of the engagement.
3.2. Payment is due within 10 days of the Candidate's start date.
3.3. In the event that the Candidate's employment is terminated within the first 12 weeks from the start date for reasons other than redundancy or business closure, Monday Matters Recruitment Ltd will provide a replacement Candidate at no additional charge.
3.4. The Client acknowledges that it shall be liable to pay the Fee in accordance with this clause if it refers the Candidate to any third party within 6 calendar months of the Introduction and that party engages the Candidate or in any event where an Engagement results directly or indirectly from the Introduction.
3.5. In the event that an Engagement for a fixed term of less than 12 months is extended then a fee based on the Candidate’s remuneration for the period up to 12 months from the original Engagement will become payable by the Client.
4. Rebate Policy
4.1. Rebates will only be considered if the Client has paid the full placement fee within the agreed-upon timeframe and adhered to all conditions of the terms.
4.2. The rebate policy is as follows:
- 0-4 Weeks – 100% Refund
- 4-8 Weeks – 50% Refund
- 8-12 Weeks – Free Replacement
4.3. Rebates will be applied as a credit toward future recruitment services provided by Monday Matters Recruitment Ltd unless specified otherwise by the client.
5. Non-Solicitation By The Client:
5.1. Once an Introduction has been made:
5.1.1. the Client shall not directly contact or attempt to contact the Candidate who is the subject of an introduction
5.1.2 all contact between the Client and the relevant Candidate shall be conducted through the Agency.
5.2 The Client shall not attempt to solicit from the Candidate any details or information about any other potential candidates.
5.3 In the event the Client breaches clause 5.2 by engaging an individual referred (whether directly or indirectly) by a Candidate the Agency shall be entitled to recover a Fee as though the referred individual was Introduced by the Agency as a Candidate and in such circumstances no rebate policy will apply.
6. Confidentiality
6.1. The Client agrees to treat all information provided by Monday Matters Recruitment Ltd regarding Candidates as confidential and not to disclose such information to any third parties without the Candidate's prior consent.
7. Exclusivity
7.1. Monday Matters Recruitment Ltd may work on an exclusive or non-exclusive basis with the Client as agreed upon in writing.
8. Liability
8.1. Monday Matters Recruitment Ltd will make all reasonable efforts to introduce suitable Candidates to the Client but does not guarantee the suitability, availability, or acceptability of any Candidate.
8.2. Monday Matters Recruitment Ltd is not liable for any loss or damage arising from the actions or omissions of Candidates placed with the Client.
9. Termination
9.1. Either party may terminate this agreement by providing written notice to the other party with 30 days prior notice.
10. Governing Law
10.1. These Terms will be construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
11. Data Protection
11.1. The parties hereto acknowledge that Monday Matters Recruitment Ltd is a data controller in respect of the personal data of Candidate and provides such personal data to Client in accordance with the General Data Protection Regulation (EU) 2016/679 (‘GDPR’) for the purposes anticipated by this Agreement. The parties hereto acknowledge that Client is a data controller, but the parties hereto are not joint controllers save where a specific agreement is made to that effect between the parties hereto. Any reference to controllers, processors, personal data and data subjects are defined within the GDPR.
11.2. The parties warrant to each other that any Personal Data relating to a data subject, whether provided by Client, Monday Matters Recruitment Ltd or by Candidate or Representative, will be used, Processed and recorded by the receiving party in accordance with the GDPR.
12. Variation
12.1. No variation or alteration of these Terms will be valid unless approved in writing by Client and Agency.
13. Entire Agreement
13.1. These terms of business constitute the entire agreement between the Client and Monday Matters Recruitment Ltd and supersede all prior agreements, understandings, and representations.
By engaging Monday Matters Recruitment Ltd the Client acknowledges that they have read, understood, and agreed to these terms of business.