Valoris Group Limited Terms and Conditions of Business
For the Introduction of Permanent and Fixed-Term Candidates
1. Definitions
For the purposes of these Terms and Conditions of Business ("Agreement"), the following definitions apply:
- "Agreement": This document constitutes the entire contract between Valoris Group Limited ("Valoris Group") and the Client concerning recruitment services.
- "Candidate": Any individual introduced by Valoris Group to the Client for potential employment, consultancy, or any work arrangement, regardless of engagement type.
- "Client": The entity engaging Valoris Group's services.
- "Engagement": Any form of employment, consultancy, or other work relationship between the Client and a Candidate introduced by Valoris Group, including direct, indirect, or third-party arrangements.
- "Introduction": The presentation of a Candidate to the Client by Valoris Group, through CV submission, interviews, discussions, or any form of consideration.
- "Services": Recruitment services provided by Valoris Group, including candidate sourcing, vetting, introduction, and related advisory services.
- "Terms": This Agreement, including any amendments or annexes.
2. Acceptance of Terms
2.1 Acceptance Actions: The Client’s acceptance of these Terms occurs upon the earliest of the following:
- Written confirmation of acceptance.
- Engagement with any Candidate introduced by Valoris Group.
- Instruction to Valoris Group to commence recruitment services.
2.2 Effective Date: These Terms become binding immediately upon acceptance and remain in effect until terminated per Clause 16.
3. Services
Valoris Group will:
- Identify, vet, and introduce Candidates to the Client based on agreed role requirements.
- Provide related recruitment advisory services.
- Services exclude payroll management or other HR administrative functions unless agreed in writing.
4. Fees and Payment
4.1 Fee Structure:
- Fees are 15% of the Candidate’s first year’s total remuneration, payable within 7 days of the invoice date unless otherwise agreed in writing.
4.2 Late Payment and Rebate Impact:
- Payments overdue by more than 7 days will invalidate any rebate or replacement guarantees outlined in Clause 5.
- Interest on late payments will accrue at 4% above the Bank of England base rate, calculated daily.
4.3 Purchase Order Numbers:
- Failure to provide a Purchase Order (PO) number does not absolve payment obligations or impact the invoice’s validity.
4.4 Fee Adjustment for Market Changes:
- Valoris Group reserves the right to review and adjust fees annually with prior written notice to the Client.
5. Rebate and Replacement Guarantee
5.1 Terms of Rebate: If a Candidate’s employment terminates within:
- 3 months: A 100% rebate or replacement Candidate will be provided.
- 6 months: A 75% rebate will be offered.
5.2 Conditions:
- The rebate/replacement guarantee is void if payment of the invoice is overdue by more than 7 days.
- The Client must notify Valoris Group of the termination in writing within 7 days of the Candidate’s departure.
6. Client Obligations
The Client agrees to:
- Provide accurate role descriptions and requirements.
- Ensure non-discriminatory hiring practices.
- Provide timely feedback on Candidates.
- Notify Valoris Group immediately upon Candidate engagement.
- Supply all required documentation, including PO numbers, in a timely manner.
7. Non-Circumvention
The Client agrees not to:
- Directly or indirectly engage Candidates introduced by Valoris Group without paying the agreed fee for 12 months from the introduction date.
- Breach of this clause incurs a fee of 30% of the Candidate’s first-year remuneration, payable within 30 days.
8. Introduction Validity
Introductions are valid for 12 months from the date of the Candidate’s introduction. Any engagement during this period triggers the full fee.
9. Data Protection and Privacy
Both parties will comply with GDPR and all applicable data protection laws. Confidentiality of shared personal data must be maintained. Valoris Group is not liable for data breaches caused by the Client’s failure to secure Candidate information.
10. Limitation of Liability
Valoris Group’s liability is limited to the fees paid under this Agreement. Valoris Group is not liable for indirect, consequential, or Candidate-related performance issues.
11. Guarantee on Re-Hires
If a Candidate introduced by Valoris Group is re-engaged by the Client within 12 months of their initial departure, the Client must pay the agreed fee again.
12. Dispute Resolution
Disputes will first be addressed through negotiation. If unresolved, mediation will be pursued within 30 days of notification, followed by arbitration or litigation in English courts.
13. Termination
Either party may terminate this Agreement with 30 days’ written notice, except in cases of breach, where immediate termination applies. All fees incurred remain payable.
14. Force Majeure
Neither party is liable for delays or non-performance caused by unforeseen events, such as natural disasters or government restrictions.
15. Exclusivity
If exclusivity is agreed upon in writing, the Client will not engage other agencies for the specified roles during the exclusivity period. Breach incurs a penalty of 15% of the agreed fee per role.
16. Intellectual Property
All intellectual property rights in methodologies, data, and materials provided by Valoris Group remain the sole property of Valoris Group. The Client may only use such materials for agreed purposes.
17. Costs of Enforcement
The Client agrees to bear all legal costs incurred by Valoris Group in recovering unpaid fees or addressing breaches of this Agreement.
18. Entire Agreement
This Agreement supersedes all prior negotiations or agreements. Amendments must be made in writing and signed by both parties.
19. Governing Law
This Agreement is governed by the laws of England and Wales.
For any queries or clarifications, please contact Valoris Group Limited:
Email: [email protected]
Phone: 0333 004 0306
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Terms