Please review our terms and conditions carefully.
These terms of business ("Terms") apply to Flexicruit's delivery of its online recruitment service to You, 'The Client'. Flexicruit whose registered office is 3rd Floor, 10 Albion Pl, Maidstone ME14 5DZ.
Flexicruit Limited: Also referred to as "Flexicruit", "We", "Our", or "Us".
The Client: Also referred to as "You".
Acceptance: Any verbal, written, or other form of affirmation whereby a Candidate agrees to a Job Offer, be it formally, informally, or otherwise.
Appointment: An instance where a Job Offer or employment contract is extended to a Candidate, references are sought, a start date is arranged, or a Candidate agrees to, or begins to, provide services for You in any capacity.
ATS: Our recruitment platform, also known as the Applicant Tracking System.
Candidate Referral: If a Candidate introduced by Flexicruit refers another individual who is subsequently employed by the Client, this individual will be deemed as a referral from Flexicruit. As such, our standard fee structure applies to the hired referred individual, as if they were directly introduced by us.
Exclusive Period: A 30-day span wherein You commit to using Flexicruit as the sole provider of candidates for the Vacancy, unless a different arrangement is confirmed in writing.
Flexi-Payment Schedule: A payment arrangement offered exclusively during our partnership period, wherein the Hire Fee is divided into monthly instalments. Payments commence from the candidate's start date and continue on the same date each subsequent month for a total of 5, 8 or 12 payments, unless an alternative arrangement is confirmed in writing.
Gross Remuneration: The aggregate of an employee's yearly compensation, encompassing both monetary elements like salary, bonuses, and pensions, as well as non-monetary benefits such as gym memberships or counselling services. For roles with variable or uncertain hours, our fee calculation assumes a standard 40-hour workweek. For part-time roles, our fee will be calculated based on the equivalent full-time role, determined by a 40-hour week.
Hire Fee: The amount payable by the Client to Flexicruit for a successful hire, determined as a percentage of the Candidate's anticipated gross annual remuneration during the first year.
Interview: Any form of communication between You and a Candidate, whether in-person, by phone, online, or any other mutually accessible communication means.
Job Offer: An extension of potential employment to a Candidate, whether explicit, speculative, formal, informal, or conditional.
Commitment: Flexicruit is committed to attracting, sourcing, assessing, and introducing suitable Candidates to your specified roles.
Professionalism: Our services are consistently delivered to the highest standards, safeguarding the privacy of all parties involved.
Alignment: We aim to ensure that each Candidate not only meets the specified role requirements but also aligns seamlessly with your company's values and culture.
Fee Structure: Upon a successful hire from our introductions, Flexicruit charges a fee based on the Candidate's anticipated gross annual remuneration during the first year, as outlined below:
| Hire Fee | Payment Duration | Monthly Percentage Fee |
|---|---|---|
| 10% | 5 Months | 2% |
| 12% | 8 Months | 1.5% |
| 15% | 12 Months | 1.25% |
Flexi-Payment Schedule: Once an Appointment has been made, the overall Hire Fee will be spread over 5, 8, or 12 monthly payments, as shown above. The first payment will be collected on the Candidate's first date of employment, with subsequent payments collected on the same date each month for the remainder of the plan.
Missed Payments & Full Fee Liability: Failure to make a payment on time shall result in any remaining Fees becoming due in full, which You agree to pay. If a payment is missed, You shall remain liable for the full fee, regardless of whether the Candidate remains employed for the duration or not.
Withdrawal of Job Offer: Should You decide to withdraw a job offer after it has been accepted by the Candidate, a fee will be due in compensation for the work carried out by Flexicruit. This fee is calculated as 5% of the Candidate's gross annual salary and must be paid in full within 14 days of invoice.
Consequences of Late or Non-Payment: Failing to pay within the agreed timescales shall result in:
Payment Collection Provider: Payments will be collected automatically via our payment provider, GoCardless (https://gocardless.com/). If You choose not to use our approved payment provider and instead request manual invoicing, a £250 administration charge will apply, payable upfront in full.
Flexicruit requires full vacancy exclusivity for our recruitment services, the exclusivity duration is for thirty (30) days, unless otherwise agreed in writing.
Exclusivity Options:
Full Exclusivity: You commit to using Flexicruit as your exclusive recruitment partner during the agreed period.
Post-Exclusivity Options:
Extension: After the primary exclusivity duration concludes, You have the option to extend our agreement, allowing You to continue benefiting from our split payment model.
Transition to Non-Exclusivity: Should You opt against an extension but still wish to consider Candidates that we introduce, our collaboration shall transition to a non-exclusive basis and you will be eligible to approach other recruitment agencies and recruitment companies.
Consequences of Exclusivity Breach: If You breach our exclusivity terms by hiring a Candidate through alternative means or by engaging with another recruitment service during the exclusivity period, a liquidated damages fee of £995.00 will be levied. This fee compensates Flexicruit for the resources and efforts invested in the service provided, and You commit to settling it in full.
Given our exclusive recruitment relationship, Flexicruit will serve as your primary recruitment source for your vacancies.
Disclosure of Candidates: Before Flexicruit commences work on your vacancy, You agree to disclose in full any Candidates that you've directly sourced, or who have already applied to You directly, or who You are already in discussions with. These Candidates will be excluded from our search process to avoid overlap.
Ongoing Disclosure and Exclusion List Updates: Recognising that recruitment is a dynamic process, You can inform us of any additional Candidates who apply directly at any point during our engagement. Once communicated, these Candidates will be added to the exclusion list, ensuring they are not considered as part of our recruitment efforts on your behalf.
Candidate Representation: If, during our recruitment process, we identify and present a Candidate to You that has not previously been disclosed to us and this Candidate has also applied directly through your advertisement, it will be presumed that Flexicruit represents this Candidate. As such, should You decide to hire this individual either during our service agreement or within 12 months from the date of our referral, our Hire Fee will apply, irrespective of any prior interactions or knowledge You may have had with the Candidate.
Communication: To ensure a seamless process, it's vital that any potential overlaps or conflicts regarding Candidate representation are communicated and resolved promptly. This approach serves to protect both your interests and ours, ensuring clarity and fairness in our partnership.
Flexicruit shall not be held liable for any failure or delay in fulfilling its obligations under the Contract if such failure or delay is caused by circumstances beyond its reasonable control. Flexicruit shall notify the Client at the earliest opportunity of any potential or ongoing force majeure circumstances and their expected duration.
The governing law of these Terms shall be the laws of England & Wales. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the English Courts.
General Termination: If the Candidate resigns or is dismissed by the Client, the monthly payments shall stop.
Notification Requirement: The Client is required to promptly inform Us of such termination in writing. This should be accompanied by the appropriate documentation, either the Candidate's resignation letter for voluntary departures, or the dismissal notice in cases of involuntary termination. From the date of this notification or from the date of the candidates last date of employment (whichever comes later), no further monthly payments will be due.
Refund Policy: Please be aware that any monthly payments made prior to the termination notice will not be subject to pro-rata refunds.
You will not be eligible for a refund of fee in the following circumstances:
For the mutual benefit of an efficient Service and to ensure the Client receives optimal results, the following actions are essential:
Feedback: Offer a response on Candidates presented within two (2) working days. Please note that delays in feedback may impact the efficiency and outcomes of the Service.
Vacancy Integrity: Ensure that submitted Vacancies correspond to genuine and current roles. Do not submit speculative roles, or roles that have already been filled or that are non-existent.
Candidate Information: Manage all Candidate details with utmost discretion and in alignment with these Terms and relevant data protection regulations (e.g., GDPR). It's vital to respect the privacy and rights of Candidates at all times.
Engagement & Coordination: When You inform us that You would like to invite any Candidate(s) for an interview, we shall use all reasonable measures in order to arrange the interviews based on the time and dates provided. We shall inform You within a reasonable timescale once an interview has been arranged.
Direct Arrangements: Where You have chosen to arrange your own interviews, You will ensure to notify us by email of the details of the interview, including time, date and location once it has been arranged.
General Notifications: You are required to promptly inform Us of any changes regarding the Candidate's status, including if they've withdrawn, been Appointed, declined, or been informed of their unsuccessful status.
Specific Notifications: Should You Appoint a Candidate within 12 months of their Referral date, even if it's for a different role than the initial Vacancy, You must inform Us via email within 7 days of this Appointment. If You fill the Vacancy, regardless of whether the appointed individual was introduced by Us or not, You must inform Us immediately.
Consequences of Non-Notification of Hiring: We place immense trust in our collaborative partnership with our clients. A fundamental part of this relationship is transparent communication regarding hires resulting from our recruitment efforts.
Immediate Notification Expected: If a Candidate introduced by Flexicruit is taken on in a permanent or contract position, clients are expected to inform us straight away upon reaching a hiring decision. Should You inform us of such a placement, You will continue to enjoy the advantages of our split payment model.
Financial Implications: Failure to inform Us within 7 days about a hire shall result in You being liable for the full hire fee, without the benefit of our split payment model. Additional late fees or interest might also be applied.
Open Dialogue Encouraged: We understand that occasional oversights can happen. If there are any concerns or if an error has been made, we urge clients to speak to us directly. We are committed to keeping a positive working relationship and will work diligently to address any misunderstandings.
Potential Impact on Future Services: Persistent non-notification of hires can affect the level of trust in our relationship. Continuous non-compliance may lead us to reassess the terms of our partnership or contemplate suspending our services.
Legal Recourse: While we always strive for mutual understanding and resolution, in instances where there's a significant breach of our agreement, especially regarding non-notification of hires and associated financial liabilities, we may resort to legal means to protect our interests.
Flexicruit shall not be held liable for any losses, whether direct, indirect, or consequential, arising from:
However, Flexicruit acknowledges and accepts its liability, without limitation, for any incidents of death or personal injury caused by our own negligence.
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