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WEBSITE TERMS OF USE
- Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cerebra Recruitment Limited's relationship with you in relation to this website.
- The term "Cerebra" "Cerebra International " or "us" or "we" refers to the owner of the website whose registered office is187a Field End Road, Eastcote, Middlesex, HA5 1QR, United Kingdom. The term "you" refers to the user or viewer of our website.
- The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Cerebra Recruitment ltd's prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
TERMS OF BUSINESS
DEFINITION
Client means the person, firm or corporate body together with any subsidiary or associated company as defined in by the Companies Act 1985 to whom the applicant is introduced. Also referred to as “you”.
Cerebra Recruitment Limited the person, firm or corporate body together with any subsidiary or associated company as defined in by the Companies Act 1985. Also referred to as “us/we/our”
Applicant means the person, firm or corporate body together with any subsidiary or associated company as defined in by the Companies Act 1985 introduced by Cerebra Recruitment Limited to the Client for an Engagement.
Introduction is deemed the Client’s interview of the Applicant in person or by telephone, or the passing to the Client of a curriculum vitae of other information which identifies the Applicant and which leads to an Engagement of that Applicant by the Client.
Engagement means the Client’s engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under contract of service or for services; under an agency, licensee, franchise or partnership agreement; or any other engagement.
Fee means the fee charged to the Client by Cerebra Recruitment Limited
PERMANENT WORKERS
DEFINITION
Permanent Workers are individuals employed by you on an annual salary.
FEES
Should you (or a third party via you) engage an applicant within 12 months of an introduction by us, we will charge a fee based on 20% of the applicants starting salary. This fee will not include any company car/car allowance/travel allowance up to the value of £6500. The above is subject to a minimum fee of £4,000.
REFUND
Should termination of an Engagement occur within the first 12 weeks then a refund will be issued on a proportional basis as set out below. This facility is only effective if our fee has been paid within 30 days of the date of invoice and that we have been notified of termination in writing. The refund does not apply in the case of a person being made redundant.
Should you re-employ an applicant within 12 months of the termination of an engagement, the previously refunded fee will be submitted to you for immediate payment. No further refunds will subsequently apply to this engagement.
Termination Period |
Refund (% of fee) |
Up to 2 weeks |
100.00 % |
2 to 4 weeks |
75.00 % |
4 to 6 weeks |
60.00 % |
6 to 8 weeks |
40.00 % |
8 to 10 weeks |
25.00 % |
10 to 12 weeks |
12.50 % |
CONTRACT WORKERS (PAYE & Ltd Companies)
DEFINITION
Contract Workers are individuals or companies employed by us and seconded to you, charged out on an agreed hourly rate.
FEES
Contract Workers employed by us on PAYE contracts will be charged on the gross hourly rate paid to the Contract Worker (the charge to include holiday pay and Employers N.I contribution) plus our mark up. Contract Workers employed by us on Limited Company contracts will be charged on the gross hourly rate paid to the Contract Worker plus our mark up.
CONDITIONS
Full details of our Terms and Conditions of Business for Contract Workers can be found on the reverse of this document.
PAYMENT
On receipt of a timesheet signed by you, an invoice will be issued and are payable within 30 days from the date of invoice. We reserve the right to charge interest on the full amount outstanding daily at the rate of 5% above the base rate at Barclays Bank. This invoice has no basis for refunds or credit.
DIRECT HIRE WORKERS
Definition
Direct Hire Workers are individuals or companies, provided by us, who offer their services to you on a consultancy basis & paid by you directly.
FEES
Should you (or a third party via you) engage an applicant within 12 months of an introduction by us, we will invoice a monthly fee equivalent to the hourly rate x 150 hours x 30%. The minimum fee charged will be for the equivalent of 1 weeks work.
Should any Direct Hire staff accept a permanent position or a continued Direct Hire arrangement with you (or a third party via you) within 12 months of the termination of a Direct Hire arrangement, a fee based on 20% x the starting salary (or hourly rate x 1800 hours) will be charged.
REFUND
Should termination of an Engagement occur during a month then a refund will be given on a pro-rata basis for each full week not worked. Notice of termination must be given to us in writing.
GENERAL
PAYMENT
Our fees for permanent and direct hire introductions are payable within 30 days from the date of invoice. We reserve the right to charge interest on the full amount outstanding daily at the rate of 5% above the base rate at Barclays Bank.
RESPONSIBILITY
It is your responsibility to inform us of any applicant being employed within 12 months of an introduction by us or re-employed within 12 months of a termination of engagement.
LIABILITY
While we will make every effort to ensure the suitability of applicants, we will accept no warranties. It will remain your responsibility to assess applicants, take references, check medical history and work visa status.
VARIATION
These terms and conditions will be capable of variation only in writing by both you and us.
1. INTRODUCTION
1.1 In these Terms and Conditions, “we”, “us” and related expressions means Cerebra International Limited of 10 Courtyard House, Mill Lane, Godalming, Surrey, GU7 1EY, UK and all subsidiary and associated companies. The “Contract Worker” or” Worker” means a person in respect of whom we directly or indirectly provide to you.
1.2 These Terms and Conditions (which may be varied only by agreement in writing) and any other terms or conditions agreed to in writing by us will alone apply to the supply of, and all introductions for “engagement” of Workers arranged by us for any person, referred to in these Terms and Conditions as “you”, “your” and related expressions.
2. SUPPLY OF CONTRACT WORKERS
2.1 We provide Workers on the basis that they are contracted to work for us. We charge you their contracted costs plus a profit margin.
2.2 You will have the right to interview the Worker and your decision as to his/her suitability and competence will be considered final
2.3 You will properly supervise all Workers. The Worker, you or we may immediately terminate this engagement at the end of the working day within the first 5 working days of the Worker commencing work with you. Thereafter there must be 5 clear working days notice by any party to terminate this engagement.
2.4 You may terminate the engagement of any Worker without giving notice if they commit any act of dishonesty or any criminal offence. We will make every reasonable effort to provide a replacement Worker.
3. RECRUITMENT OF CONTRACT WORKERS BY YOU
3.1 You will notify us if you directly engage or employ a Worker (including through another employment business or by converting a Worker to your permanent staff) within either the duration of this engagement or within 8 weeks of the termination of this engagement (if at least 14 weeks has expired from the start date of this engagement) you will pay us a fee equal to the basic hourly rate paid to the Worker x 300 or, alternatively, the Workers basic salary x 20%. On such direct engagement or employment, the Worker becomes your employee and all payroll services (including payment of salary, holiday pay, PAYE and NIC) will be your responsibility.
3.2 Where the Worker has been engaged for 4 weeks the fee (as calculated above) will be reduced by 1/20th. If the engagement has been for 8 weeks the fee will be reduced by 2/20ths. 12 weeks will be reduced by 3/20ths and pro rata up to a maximum of 6/20ths reduction for 24 weeks engagement or beyond.
3.3 These fees also apply if you introduce or refer, or pass information relating to any Worker to a third party.
4. FEES FOR CONTRACT WORKERS
4.1 Fees are based on the hourly charges notified to you by us for all hours actually worked.
4.2 Fees shall be based on the weekly timesheet of the Worker that you shall countersign at the end of each working week, or part thereof for which the Worker was employed. Your signature on the timesheet is confirmation that the Worker has worked the recorded time to a satisfactory standard.
4.3 Receipt of this signed timesheet will authorise us to pay the Worker the agreed rate for the hours worked and to invoice you at the agreed charge rate. The Workers pay will be subject to the statutory deductions for PAYE and NIC if appropriate.
5. PAYMENT
Fees for Workers plus VAT will be invoiced weekly in arrears together with a copy of the authorized timesheet. These fees shall be paid in full, without deduction, deferment, set off, counterclaim or other withholding whatsoever within 7 days of date of invoice.
5.2 Fees due under Clause 3 plus VAT will be invoiced on engagement or employment of the Worker or on engagement or employment coming to our notice. These fees shall be paid within 30 days of invoice.
We reserve the right to charge interest for late payment on the full amount outstanding daily, from the due date until the date of receipt by us of payment in available funds, at the rate of 5 per cent above the base rate at Barclays Bank Plc at the time of the due date.
OTHER OBLIGATIONS
6.1 You will notify us immediately if the Worker is offered and/or accepts direct employment by you and provide us with all necessary documentary evidence to enable us to calculate our fee described in Clause 3.
6.2 You are responsible for obtaining a work permit or other licence, permit, consent or authorisation for the Contract Worker wherever necessary.
6.3 You are responsible for obtaining Professional Indemnity Insurance to cover the activities of the Contract Worker.
7. ALLOCATION OF LIABILITY
7.1 We shall endeavour to ensure the suitability of the Worker selected on your behalf but you are responsible for the interviewing of the Worker, for the taking up of references, and for establishing the Worker’s qualifications, capabilities, integrity, medical history and suitability for your requirements.
7.2 You will comply with all legal requirements regarding your employment or engagement of Workers, and will indemnify us in respect of any liability (except as set out in Clause 7.4) arising in connections with any act of omission of any Workers or with any act or omission of your own occurring during the engagement or employment of any Worker by you.
7.3 No warranty or representation express if implied is given in respect of any Worker and except as set out in Clause 7.4, no liability can be accepted by us for any failure by Worker to perform or comply with their terms or employment or engagement, for any loss, expense, damage or delay arising from the introduction of Workers or their employment or engagement.
7.4 We accept liability, without limit, for death or personal injury caused by our negligence in the fulfilment of our obligations under these Terms and Conditions and accept liability, up to the amount of our fee payable in respect of any Worker, for property damage caused by our negligence in respect of that Worker.
7.5 Any encashment facilities, loans of money, equipment or materials are made to the Worker at your risk.
8. CONFIDENTIALITY
8.1 You will keep confidential and reserve exclusively for your own use all introductions, information regarding any Worker, reports and other information provided to you by us.
8.2 We will keep confidential any information about you that you request us to. We may mention your name in our client list and for advertising purposes.
9. GENERAL
9.1 If we reasonably consider that our prospects of receiving our fees or other money owed to us by you have worsened or if you breach any contract with us, we may require immediate payment of all sums the owed by you to us and may suspend and/or terminate the provision of Workers without penalty.
9.2 These Terms and Conditions shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the Courts of England.
9.3 Acceptance of the Worker by you to render services will be deemed to be acceptance of these Terms and Conditions.
AGREEMENT
I, the authorized representative of the below mentioned company, do hereby agree to these Terms of Business for the supply of Permanent, Direct Hire and Contract staff.
Signed:
Company:
Date:
