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TERMS OF BUSINESS AGREEMENT
These Terms of Business govern the provision of recruitment services by The Medical People Recruitment Ltd. By engaging our services, the client agrees to be bound by the terms and conditions outlined herein. These terms apply to all clients who utilise our recruitment services, whether verbally, in writing, or through continued engagement, and shall constitute a legally binding agreement. These standard terms apply to all clients unless otherwise agreed and documented in a separate signed agreement.
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:
● Permanent positions
● Temporary or fixed-term contracts
● Ad hoc / Locum positions
1.3 Candidate submissions shall include qualifications, experience, and other relevant 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 agrees not to contact, engage, or re-hire any candidate introduced by the Recruitment Agency for a period of 18 months from the date of introduction or placement, unless agreed otherwise in writing.
2.2 If re-engagement occurs within this period, a 5% agency fee based on the candidate’s gross annual salary will apply.
2.3 The Recruitment 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 information exchanged during this engagement.
3.2 Compliance with data protection laws, including the General Data Protection Regulation (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 The standard placement fee charged by The Medical People Recruitment Ltd ranges between 10% and 20% of the candidate’s gross annual salary, depending on the role type, level of service, and agreement in place.
4.2 Payment is due within 10 business days of the candidate’s agreed start date or as otherwise specified in the invoice.
4.3 Late payments may incur interest at a rate of 3% per month on any outstanding balance. #
4.4 All invoices will be issued to the Client’s designated accounts contact or department.
4.5 All fees are exclusive of VAT, which will be applied at the prevailing UK rate.
4.6 Any variations to the above terms must be agreed in writing prior to the commencement of any 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 Medical People Recruitment Ltd offers a 3-month rebate period from the candidate’s official start date. 6.2 If the candidate’s employment ends during this period for any reason other than redundancy or internal restructuring, the Agency will make reasonable efforts to source a suitable replacement at no additional cost.
6.3 If a replacement cannot be provided, a partial refund will be issued according to the following scale:
● Month 1: 66% of the original fee
● Month 2: 33% of the original fee
● Month 3: No refund applicable
6.4 The rebate is only applicable if all of the following conditions are met:
● The Client notifies the Agency in writing within 10 working days of the candidate’s departure
● The departure was not the result of redundancy, role withdrawal, or restructuring
● All fees were paid in full and on time
● The departure was not caused by unreasonable working conditions or a breach of contract by the Client.#
6.5 This rebate policy is the sole and exclusive remedy available 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 will 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 through this engagement.
10. Notices
10.1 All notices must be sent in writing via email or registered mail to:
The Medical People Recruitment Ltd
11. Counterparts
11.1 This Agreement may be executed in counterparts, each of which shall constitute a valid and binding agreement.
12. Candidate Ownership
12.1 If a Client hires a candidate introduced by the Recruitment Agency within 12 months of the introduction (whether directly or indirectly), the full fee is payable.
12.2 The Recruitment 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 any failure to perform obligations due to circumstances beyond their control, including but not limited to 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 their 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, the remaining provisions shall remain in full force and effect.
16. Misrepresentation of Vacancy
16.1 If a Client makes a job offer to a candidate and subsequently withdraws the offer due to any of the following reasons:
● Lack of internal or contractual authorisation to hire;
● The vacancy was not genuine, open, or approved;
● Misrepresentation of the role, hiring need, or recruitment process;
● The Client did not have the contractual right to recruit for the position;
● The Client fails to provide clear or timely communication relating to the role or candidate status;
● The Client fails to proceed in good faith with the recruitment process.
16.2 In such cases, the Client shall be liable to pay either:
(a) an administrative fee equal to 5% of the candidate’s offered gross annual salary; or
(b) at The Medical People Recruitment Ltd’s discretion, the full placement fee that would have applied had the placement proceeded.
16.3 The Client acknowledges and agrees that these fees reflect the time, resources, and opportunity costs incurred by The Medical People Recruitment Ltd in good faith while supporting the recruitment process.
16.4 The Client shall indemnify The Medical People Recruitment Ltd against any claims, costs, or damages arising from the Client’s misrepresentation or failure to comply with the terms of this clause.
16.5 This clause shall survive termination or expiration of any other agreements between the Client and The Medical People Recruitment Ltd.
17. Precedence of Terms
17.1 These terms apply to all clients engaging the Recruitment Agency unless alternate terms are explicitly agreed upon in writing and signed by both parties prior to commencement of services. 17.2 In the absence of such a signed agreement, these terms shall prevail in full. For and on behalf of The Medical People Recruitment Ltd Shahzad Jawed Siddiqui