THE MEDICAL PEOPLE RECRUITMENT LTD
TERMS OF BUSINESS AGREEMENT
These Terms of Business govern the provision of recruitment services by The Medical People Recruitment Ltd (“the Agency”). By engaging our services, the client (“the Client”) agrees to be bound by the terms and conditions outlined herein. These terms apply to all clients, whether engagement is verbal, written, or through continued use of our services, and constitute a legally binding agreement. Unless otherwise agreed in a separate signed document, these standard terms apply to all clients.
1. Scope of Services
1.1 The Recruitment Agency shall provide recruitment services to the Client, using its best efforts to source, select, and recommend suitable candidates.
1.2 Services include sourcing candidates for:
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Permanent positions
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Temporary or fixed-term contracts
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Ad hoc / Locum positions
1.3 Candidate submissions shall include relevant qualifications, experience, and other pertinent data.
1.4 The Recruitment Agency shall exercise reasonable care, skill, and legal compliance when delivering services.
2. Non-Contact Agreement
2.1 The Client shall not contact, engage, or re-hire any candidate introduced by the Agency for 18 months from the date of introduction or placement, unless agreed in writing.
2.2 If re-engagement occurs within this period, a 5% agency fee of the candidate’s gross annual salary will apply.
2.3 The Agency shall maintain a list of candidates subject to this clause.
3. Confidentiality and Data Protection
3.1 Both parties shall maintain strict confidentiality over all information exchanged.
3.2 Compliance with data protection laws, including GDPR, is mandatory.
3.3 Confidential information or personal data shall not be used beyond the scope of this Agreement without prior written consent.
3.4 These obligations survive the termination of this Agreement.
4. Fees and Payment
4.1 Standard placement fees range between 10% and 20% of the candidate’s gross annual salary, depending on role type, service level, and agreement.
4.2 Payment is due within 10 business days of the candidate’s agreed start date or as specified in the invoice.
4.3 Late payments may incur 3% interest per month on any outstanding balance.
4.4 Invoices will be issued to the Client’s designated accounts contact or department.
4.5 All fees are exclusive of VAT, applied at the prevailing UK rate.
4.6 Any variations to these terms must be agreed in writing prior to candidate engagement.
5. Termination
5.1 Either party may terminate this Agreement with 60 days’ written notice via email or registered post.
5.2 Termination does not affect obligations already incurred, including outstanding fees.
6. Rebate Period
6.1 The Agency offers a 3-month rebate period from the candidate’s start date.
6.2 If a candidate leaves within this period (except due to redundancy or internal restructuring), the Agency will make reasonable efforts to provide a replacement at no extra cost.
6.3 If a replacement cannot be provided, a partial refund will be issued as follows:
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Month 1: 66% of the original fee
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Month 2: 33% of the original fee
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Month 3: No refund
6.4 The rebate applies only if all the following conditions are met:
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Client notifies the Agency in writing within 10 working days of departure
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Departure was not due to redundancy, role withdrawal, or restructuring
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All fees were paid in full and on time
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Departure was not caused by unreasonable working conditions or breach of contract by the Client
6.5 The rebate is the sole remedy for early candidate departures.
7. Entire Agreement
7.1 This Agreement represents the full understanding between the parties.
7.2 Amendments must be in writing and signed by both parties.
8. Governing Law and Jurisdiction
8.1 This Agreement is governed by the laws of England and Wales.
8.2 Any disputes shall be resolved by binding arbitration under the London Court of International Arbitration (LCIA), seated in Birmingham, UK.
9. Confidentiality
9.1 Both parties agree not to disclose or misuse confidential or proprietary information obtained during engagement.
10. Notices
10.1 All notices must be sent in writing via email or registered mail to:
The Medical People Recruitment Ltd
Email: careers@themedicalpeople.co.uk
11. Counterparts
11.1 This Agreement may be executed in counterparts, each constituting a valid and binding agreement.
12. Candidate Ownership
12.1 If a Client hires a candidate introduced by the Agency within 12 months of introduction, the full fee is payable.
12.2 The Agency retains candidate ownership during this 12-month period unless otherwise agreed in writing.
13. Force Majeure
13.1 Neither party shall be liable for failure to perform due to circumstances beyond control, including natural disasters, pandemics, strikes, war, terrorism, or government restrictions.
13.2 Affected parties must notify the other in writing and take reasonable steps to mitigate delays.
14. Assignment
14.1 Neither party may assign or transfer rights or obligations without prior written consent, except in the case of a merger or sale of business assets.
15. Severability
15.1 If any part of this Agreement is deemed invalid or unenforceable, remaining provisions remain in full force.
16. Misrepresentation of Vacancy
16.1 If a Client makes a job offer to a candidate and withdraws it due to:
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Lack of hiring authority
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Vacancy not genuine or approved
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Misrepresentation of role or recruitment process
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No contractual right to recruit
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Failure to provide timely communication
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Failure to proceed in good faith
16.2 The Client shall pay either:
(a) 5% administrative fee of the candidate’s offered salary, or
(b) At the Agency’s discretion, the full placement fee.
16.3 These fees reflect the time, resources, and opportunity costs of the Agency.
16.4 The Client shall indemnify the Agency against any claims, costs, or damages arising from misrepresentation or non-compliance.
16.5 This clause survives termination or expiration of any other agreements.
17. Precedence of Terms
17.1 These terms apply to all clients unless alternative terms are explicitly agreed in writing and signed prior to service commencement.
17.2 In absence of a signed agreement, these terms prevail in full.
For and on behalf of The Medical People Recruitment Ltd
Shahzad Jawed Siddiqui