We have 2 sets of T&C’s, one for Permanent Graduate Recruitment (A) and another for Graduate Internships (B).
A. Terms and Conditions for Permanent Graduate Recruitment
In these Terms of Business the following definitions apply:
“Applicant” means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff;
“Client” means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
“Agency” means Staffing Concepts Limited trading as InterGrad of Station House, 12 Station Road, Kenilworth, Warwickshire, CV8 1JJ;
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee;
“Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Applicant;
“Remuneration” includes base salary, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and where applicable non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
- Unless the context requires otherwise, references to the singular include the plural
- The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.2 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. NOTIFICATION AND FEES
3.1 The Client agrees:
a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
c) To pay the Agency’s fees within 14 days of the date of invoice
3.2 Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees.
3.3 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 4% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.4 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is the amount equal to 17.5% of the Remuneration applicable during the first 12 months of the Engagement in the event of exclusivity. The fee will be calculated at 20% of the Remuneration applicable during the first 12 months of the Engagement in the event of a non-exclusive arrangement. VAT will be charged on the fee if applicable.
3.5 Notwithstanding the above, the minimum fee in respect of any engagement shall be £2500.
3.6 If the Client subsequently engages or re-engages the Applicant within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable.
3.7 Where Remuneration cannot be established the Consultant and the Client shall agree a rate of remuneration and the fee payable by the Client shall be adjusted accordingly once the Remuneration is established upon the commencement of an Engagement.
3.8 In the event that the engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro rata with the minimum fee being £1500. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement of the first anniversary of its commencement, whichever is the sooner.
4.1 In order to qualify for the following refund, the Client must pay the Agency’s fee within 14 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
4.2 If the Engagement terminates before the expiry of 8 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Scale of Refund set out in clause 4.4.
4.3 In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a rebate.
4.4. If the Engagement terminates before the expiry of 8 weeks from the commencement of the Engagement (except where the Candidate is made redundant) the fee set out in paragraph 3.8 above will be rebated in accordance with the following scale of rebates:
|Period of Employment||Percentage of Rebate|
|Up to 1 week||80%|
|Up to 2 weeks||70%|
|Up to 3 weeks||60%|
|Up to 4 weeks||50%|
|Up to 5 weeks||40%|
|Up to 6 weeks||30%|
|Up to 7 weeks||20%|
|Up to 8 weeks||10%|
5. CANCELLATION FEE
5.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee of £500.
6.1 Introductions of Applicants are confidential. The disclosure of the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.4 with no entitlement to any refund.
6.2 An Introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency’s Introduction.
6.3 Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.4 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.
6.4 In the event that any employee of the Agency with whom the Client has had personal dealings accepts an Engagement with the Client within 3 months of leaving the Agency’s employment, the Client shall be liable to pay an introduction fee to the Agency in accordance with clause 3.4.
7. SUITABILITY AND REFERENCES
7.1 The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.
7.2 The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
7.3 The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interest of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
7.4 Notwithstanding clauses 7.1., 7.2 and 7.3 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
7.5 To enable the Agency to comply with its obligations under clauses 7.1, 7.2 and 7.3 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the client shall provide details of the date the Client requires the Applicant to commence, the duration or likely durations of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
8. SPECIAL SITUATIONS
8.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity of who is otherwise in need of care or attention, the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from a person not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position. If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
9.1. The Agency shall not be liable under any circumstance for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
B. Terms and Conditions for Graduate Internships
Staffing Concepts Ltd. T/A InterGrad will act as an intermediary for the placement of Graduates from the UK and selected other countries who wish to gain work experience alongside their university studies.
At no time does InterGrad take responsibility for the candidate’s enrolment within schemes such as Erasmus, Erasmus+, Leonardo Scheme or Life Long Learning Programmes but will carry out reasonable checks with the Candidate and/or their University/course provider if this is relevant.
As a provider of work experience internships, clients will take ultimate responsibility for ensuring that candidates have enrolled on any such appropriate Scheme/s.
1.1 The definitions and rules of interpretation in this clause apply to this agreement:
- Actual Vacancies: The client’s vacant position as the client informs InterGrad from time to time in accordance with this agreement.
- Assignment: shall have the meaning set out in clause 4.
- Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
- Commencement Date: shall have the meaning set out in clause 2.2.
- Deposit: amount required to place an Order with InterGrad.
- Indemnity: shall have the meaning set out in clause 9 and Indemnified and Indemnifies shall be construed accordingly.
- Introduce: the provision to the client of information by InterGrad by way of a curriculum vitae or in such format as the client may from time to time require which identifies the Candidate and leads to the client engaging or employing the Candidate and Introduction and Introduce shall be construed accordingly.
- Introduction Date: the date InterGrad Introduces the Candidate to the client in accordance with clause 3.
Fees: shall have the meaning set out in clause 5.
- National Minimum Wage: A minimum hourly rate of pay set by government which applies, with some exceptions, to all workers. The provisions relating to the NMW are contained in the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999.
- Order: signed confirmation of InterGrad’s terms of business.
- Schemes: European Commission’s ‘mobility’ initiatives enabling people to train in another country, including but not limited to Leonardo Scheme, Erasmus Scheme, Erasmus+ Scheme, Lifelong Learning Programme.
- Suitable Candidate: shall have the meaning set out in clause 3.
- Territory: the world.
1.2 Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality)
1.4 The schedule(s) form part of this agreement and shall have effect as if set out in full in the body of this agreement and any reference to this agreement includes the schedule(s).
1.5 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
1.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
1.8 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.9 A reference to writing or written includes faxes save where expressly stated to the contrary.
1.10 Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Basis of contract
2.1 The Order constitutes an offer by the client to purchase services in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when InterGrad has received the Deposit and issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 The Contract constitutes the entire agreement between the parties. The client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of InterGrad which is not set out in the Contract.
2.4 Any descriptions or illustrations contained in InterGrad’s website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of the Contract or have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. InterGrad’s obligations
3.1 These terms set out the agreement between InterGrad and the client for the supply of internship candidates by InterGrad to the client.
3.2 InterGrad agrees to search, in the Territory, for Candidates for the client who are suitable candidates for the Actual Vacancies. A candidate will be deemed suitable (for the purposes of deposit guarantees) only if they fulfill ALL of the following:
- has specifically applied for the role, AND;
- is working towards (or already possesses) a suitable qualification, AND;
- is available for the agreed dates and period, AND;
- has been personally interviewed by us, AND;
- has confirmed their legal status to carry out the role.
Candidates may still be submitted who do not fit all suitability criteria where they are deemed of potential interest to the client, but such candidates will not count towards the deposit guarantee unless an offer is made to them.
3.3 Where an offer is made by the client to any candidate, whether suitable (with reference to clause 3.2) or not, and even if declined by the candidate, the candidate shall then be considered as suitable.
3.4 InterGrad will endeavour to only introduce candidates who have the right to work in the Territory and, in particular, InterGrad shall endeavour to comply with the Immigration Asylum and Nationality Act 2006 and other relevant UK legislation or equivalent legislation in the relevant jurisdiction.
3.5 Any resulting changes agreed to the services, fees or any other aspect of the agreement shall be confirmed in writing. Otherwise, the previous arrangements shall apply.
4. Client’s obligations
When making a request for the provision of a candidate to perform certain services (Assignment), the client will give InterGrad details of:
a. the date on which the client requires the candidate to commence the work experience and the duration, or likely duration, of the work experience;
b. the position which the client seeks to fill, including the type of work the candidate will be required to do, the location at which, and the hours during which, the candidate will be required to work, and any risk to health or safety known to the client and what steps the client has taken to prevent or control such risks;
c. the experience, training, qualifications and any authorisation which the client considers are necessary, or which are required by law, or by any professional body, for the candidate to possess in order to gain work experience; and
d. any expenses payable by or to the candidate; and
e. make their own enquiries with regard to the placements candidates’ acceptance on the appropriate Scheme for candidates
5. Fees, Deposit and VAT
5.1 Invoices will be issued upon or as soon as possible after the scheduled start date of the candidate and will be due and payable to InterGrad immediately unless otherwise agreed in writing.
5.2 Any sums payable by the client under this agreement which remain outstanding after the agreed date for payment shall carry interest (both before and after judgment) on a daily basis at an annual rate equal to 8% above the base rate of Barclays Bank PLC. InterGrad acknowledges that this is a substantial remedy for the purposes of the Late Payment of Commercial Debts Act 1998 (as amended).
5.3 Any deposit or part payment that may have been paid is not refundable where at least two suitable candidates (with reference to clause 3 above) have been submitted for consideration. This applies whether or not an offer is subsequently made. It also applies where an offer is made to any candidate, whether suitable (with reference to clause 3 above) or not, and even if declined by the candidate, as this implies that the candidate was deemed suitable by the client.
5.4 If an appointed candidate chooses to leave the internship or is terminated by the Company within 1 month of the agreed start date, InterGrad will seek to replace the candidate by providing at least one additional suitable candidate (with reference to clause 3 above). In the event InterGrad are unable to present a suitable replacement candidate within 3 months of being informed of the termination the fee will be refundable in full. Otherwise fees are non-refundable.
5.5 Where applicable, the InterGrad shall charge VAT to the client, at the prevailing rate, after providing the client with a VAT invoice.
6. Default and early termination
6.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
a. Either party commits any material breach of this agreement (repeated failure by either party to comply with this agreement generally will amount to a material breach) and (in the case of a breach capable of being remedied) shall have failed to remedy the breach within ten Business Days after receiving a written notice of the breach requiring the breach to be remedied within such period; or
b. Either party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrator appointed, enters into any composition with creditors generally, is wound up or any step is taken towards any of these events.
7. Effect of early termination
Any termination of this agreement however caused shall not affect:
a. any rights or liabilities which have accrued before the time of termination; or
b. the continuance in force of any provision of this agreement which expressly or by implication is intended to come into or continue in force after termination.
Each party shall ensure that, except as may be required by law or any regulatory authority, neither it nor any of its employees, agents or contractors (or any tier) shall make, or cause to be made, (whether to the employees, customers, suppliers, public, press or otherwise) any communication, media statement, announcement or other disclosure whatsoever, whether written or oral, about the other party to this agreement, the existence of this agreement or any matter referred to in this agreement without the other party’s prior written consent to its contents.
9. Indemnities and insurance
9.1 The client shall indemnify InterGrad and any successor to InterGrad against all liability, assessment or claim:
a. any National Insurance contributions, income tax or other taxation obligations where such liability, assessment, or claim arises or is made in connection with payments made by the client in respect of work done by the candidate placement; or
b. arising from any such candidate having at any time claimed or being held or deemed to have been an employee of the client or been otherwise engaged directly by the client including any claim for wrongful or unfair dismissal or redundancy payment; and
c. any claim made by the candidate in respect of the National Minimum Wage.
10.1 Neither party shall during and after termination of this agreement, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature.
10.2 Each party shall on demand and on termination of this agreement surrender to the client all materials relating to such confidential information in its or its personnel’s agent or representatives’ possession.
11. Limitation of liability:
THE CLIENTS ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 Nothing in these Conditions shall limit or exclude InterGrads’ liability for:
a. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
b. fraud or fraudulent misrepresentation; or
11.2 Subject to clause 11.1:
a. InterGrad shall under no circumstances whatever be liable to the client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
b. InterGrads’ total liability to the client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fee for each Assignment.
11.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
11.4 This clause 11 shall survive termination of the Contract.
12. Data protection compliance
To the extent that any data or information belonging to the client is personal data within the meaning of the Data Protection Act 1998 or equivalent legislation in the territory:
InterGrad will process such data and information only in accordance with the client’s instructions;
b. InterGrad will not transmit such data and information to a country or territory outside the European Economic Area without the client’s prior express written consent; and
c. InterGrad will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the client as data controller.
13. Warranties and undertakings
13.1 InterGrad warrants that has the necessary expertise to provide the services contemplated in this agreement and will perform them in keeping with the highest professional business standards by using appropriately qualified, experienced and trained personnel.
13.2 InterGrad warrants that it does and it shall comply with the all relevant statutes, laws, regulations and codes of practice from time to time in force in the relevant Territory.
13.3 Each party warrants that it has full capacity and authority to enter into and perform this agreement.
The parties agree that neither of them will either on their own account or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of six months from, the end of the term of this agreement, solicit or entice away or attempt to entice away or authorise the taking of such action by any other person, any key executive of the other party who has worked on the services provided under this agreement at any time during the term of this agreement.
15. Extensions & Permanent Employment
15.1 In the event that a candidate placed with the Client by InterGrad takes any subsequent role on any basis, including but not limited to full time, part time, contract (including zero hours) or self-employment with the Client or any company associated with the Client at the end of the internship period, within 12 months thereafter, a fee equivalent to 12.5% of the annual remuneration subject to a minimum fee of £2500 (whichever is the greater) will be payable to InterGrad immediately.
15.2 Should a candidate remain in a placement or internship any longer than the initially agreed length of time, there will be an ongoing monthly charge of £199 + VAT for each and every month or part thereof.
16. Assignment and sub-contracting
16.1 Neither party shall, with the prior written consent of the other party (such consent not to be unreasonably conditioned, withheld or delayed), assign, transfer, mortgage, charge, or deal in any manner with this agreement or any of its rights and obligations under this agreement (or any document referred to in it), or purport to do any of the same.
16.2 Each party that has rights under this agreement is acting on its own behalf and not for the benefit of another person.
17. Entire agreement
17.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
17.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that its only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) shall be for breach of contract.
17.3 No variation of this agreement shall be effective unless it is in writing and signed by each of the parties (or their authorised representatives).
18. Contracts (Rights of Third Parties) Act 1999
18.1 A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
18.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.
19. Governing law and jurisdiction
19.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
This agreement has been entered into on the date stated on order.