Terms and Conditions of Business – The Lanes Group

 

1. Parties

These Terms and Conditions of Business (the “Agreement”) are made between:

• The Lanes Group ‘Lanes Recruitment Ltd’ (“the Agency”), a company registered in the United Kingdom, with a registered office at 25 Saint Andrew Street, Hertford, SG14 1HZ; and

• …………………………………………………………………………………………………………….. (“the Client”), a company registered in ……………………………………………………….., with a registered office at ………………………………………………………………………………………………………………………………………………………….

Together referred to as the “Parties”.

2. Definitions

In this Agreement, the following terms shall have the meanings set out below:

• “Agency” refers to The Lanes Group ‘Lanes Recruitment Ltd’ providing recruitment and related services.

• “Client” refers to the party entering into this Agreement with the Agency for the provision of recruitment services.

• “Candidate” refers to any person introduced by the Agency to the Client for an Engagement.

• “Engagement” refers to the employment, hire, or other use of a Candidate by the Client, or any third party to whom the Candidate has been introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services.

• “Introduction” refers to the provision of a Candidate’s details to the Client by the Agency, whether in person, via email, or any other means.

• “Introduction Fee” refers to the fee payable by the Client to the Agency for an Engagement.

• “Retainer Fee” refers to the upfront fee charged by the Agency for exclusive recruitment services.

• “Success Fee” refers to the fee payable upon the successful placement of a Candidate with the Client.

• “Temporary to Permanent Conversion” refers to the process of converting a temporary or contract Candidate into a permanent employee of the Client.

• “Gross Annual Salary” refers to the Candidate's anticipated first-year gross income from the Client, including salary, bonuses, and any other taxable benefits.

3. Contractual Relationship

• 3.1. Acceptance: By engaging the Agency’s services or accepting the Introduction of a Candidate, the Client agrees to these Terms and Conditions of Business. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether oral or written.

• 3.2. Variation: No variation of these Terms and Conditions shall be valid unless confirmed in writing by a duly authorized representative of the Agency.

• 3.3. Commencement: This Agreement shall commence on the date of acceptance and shall continue unless terminated by either Party in accordance with Clause 13.

4. Services Provided

• 4.1. Recruitment Services: The Agency will provide recruitment services to the Client, including the Introduction of Candidates for permanent, temporary, or contract positions.

• 4.2. Additional Services: The Agency may provide additional services such as payroll management and on boarding support as specified in Clause 11.

5. Contract Staff Fees

• 5.1. Mark-up on Hourly/Daily Rates: For contract staff placements, the Agency will charge a mark-up of 20% on the contractor’s hourly or daily rate.

• 5.2. Minimum Contract Length: The minimum contract length for any placement is 3 months.

6. Temporary to Permanent Conversion Fees

• 6.1. Conversion Fees: If a Candidate engaged on a temporary or contract basis is converted to a permanent role, the Client shall pay the Agency a fee based on the duration the Candidate has worked with the Client prior to the conversion, as follows:

  • 0-3 months: 20% of the Candidate's gross annual salary.

  • 3-6 months: 15% of the Candidate's gross annual salary.

  • 6-12 months: 10% of the Candidate's gross annual salary.

  • 12+ months: 5% of the Candidate's gross annual salary.

7. Permanent Placement Fees

• 7.1. Percentage of Annual Salary: The Client shall pay the Agency a fee of 20% of the Candidate’s first-year gross annual salary for permanent placements.

8. Retainer Fees for Exclusive Searches

• 8.1. Upfront Retainer: For exclusive recruitment services, the Client shall pay an upfront retainer fee of 25-35% of the estimated placement fee.

• 8.2. Final Payment: The remaining 65-75% of the placement fee shall be payable upon successful placement of the Candidate.

• 8.3. Success-Only Fee Option: For non-exclusive searches, the Agency will charge a success fee of 20% of the Candidate's gross annual salary upon successful placement.

9.Refund Policy

• 9.1. Refund Structure: If the Engagement is terminated, the Client is entitled to a refund of the Introduction Fee according to the following schedule:

  • Non-commencement: 100% of the Introduction Fee refunded.

  • Week 1-2: 90% of the Introduction Fee refunded.

  • Week 3-4: 80% of the Introduction Fee refunded.

  • Week 5-6: 60% of the Introduction Fee refunded.

  • Week 7-8: 50% of the Introduction Fee refunded.

  • Week 9-11: 40% of the Introduction Fee refunded.

10. Payment Terms

• 10.1. Invoicing: The Agency will issue invoices to the Client upon the Candidate's start date.

• 10.2. Payment Period: Payment is due within 30 days of the invoice date.

• 10.3. Late Payment: In the event of late payment, the Agency reserves the right to charge interest at a rate of 8% per annum above the Bank of England base rate until payment is made in full.

11. Additional Services

• 11.1. Payroll Management for Contractors: If requested by the Client, payroll management services will be provided at an additional fee of 2-5% of the contractor’s gross pay.

• 11.2. On boarding Support: The Agency will provide on boarding support, including compliance training, for a one-time fee of £500-£1,500 per Candidate.

12. Volume Agreements and Long-Term Contracts

• 12.1. Tiered Discounts: The Client may be eligible for the following tiered discounts on Introduction Fees based on the volume of placements or the duration of the contract:

  • 5% discount for 5-10 placements per year.

  • 10% discount for 11-20 placements per year.

  • 15% discount for 21+ placements per year.

• 12.2. Fixed Annual Fee: For Clients with significant and ongoing hiring needs, the Agency may offer a fixed annual fee model, providing unlimited placements within agreed terms.

13. Termination

• 13.1. Termination by Notice: Either Party may terminate this Agreement by giving 30 days written notice to the other Party.

• 13.2. Immediate Termination: The Agency may terminate this Agreement with immediate effect if the Client fails to make payments when due or breaches any other material term of this Agreement, without prejudice to the Agency’s other rights.

14. Confidentiality

• 14.1. Confidentiality Obligations: Both Parties agree to keep confidential all information disclosed by the other Party in connection with the recruitment process, including Candidate details and commercial information.

15. Liability

• 15.1. Limitation of Liability: The Agency shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with this Agreement. The Agency’s total liability under this Agreement shall not exceed the total fees paid by the Client for the services provided.

• 15.2. Candidate Suitability: While the Agency will use its best efforts to introduce suitable Candidates, the final decision on the suitability of any Candidate rests with the Client. The Agency shall not be liable for any loss or damage arising from the Client’s decision to engage a Candidate on either a permanent or temporary basis.

 

16. Governing Law and Jurisdiction

• 16.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

• 16.2. Jurisdiction: The Parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising out of or in connection with this Agreement.

17. General Provisions

• 17.1. Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions, agreements, or understandings of any kind.

• 17.2. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

• 17.3. Force Majeure: Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to a cause beyond its reasonable control, including but not limited to natural disasters, acts of war, or government actions.