Terms and Conditions 

  1. These Terms and Conditions of Business of constitute the Agreement between HR Financial, which is acting as an employment agency for the introduction and supply of permanent or temporary staff, and the Client (hereinafter referred to as the "Employer").
  1. In these Terms and Conditions of Business the word "Introduction" means the presentation in written or oral form of a candidate for employment (the "Candidate") by HR Financial to the Employer for potential permanent or temporary employment, whether or not the Employer knew of the Candidate previously unless the Employer can provide clear evidence that they were actively considering the Candidate for employment prior to the Introduction.
  1. In the absence of any express or implied prior acceptance of these Terms and Conditions of Business by the Employer, the Employer is deemed to agree and accept these Terms of Conditions of Business by virtue of an interview of a Candidate introduced by HR Financial or the agreement to employ a Candidate introduced by HR Financial.
  1. A Fee is payable to HR Financial by an Employer for the Introduction of a Candidate who is hired by the Employer.
  1. The Employer engages to settle the Fee payable immediately in whatever capacity the Employer hires the Candidate. A Contract will exist between HR Financial and the Employer if any appointment of a Candidate is made within 12 months following the Introduction or any subsequent Introduction.
  1. Fees are calculated at 20% of gross annual salaries including bonus and allowances ("Total Monetary Compensation") and their equivalent in Ren Min Bi or other currencies, unless expressly varied by HR Financial in writing prior to the commencement of any services.
  1. In the event that a Candidate is hired by the Employer for a fixed term period of less than 12 months, the Fee shall be calculated based on the Total Monetary Compensation for the period of hire. If the term of the hiring is extended beyond the initial fixed term or if the Employer re-engages the Candidate within 6 calendar months from the end of the first term the Employer shall be liable to pay a further Fee based on the additional Total Monetary Compensation for the period of hiring following the initial fixed term up to the termination of the second period of hiring or the first anniversary of its commencement, whichever is the sooner.
  1. When a Candidate is hired by the Employer, the Employer shall provide HR Financial without delay with full details of the Total Monetary Compensation agreed with the Candidate.
  1. HR Financial will prepare and issue an invoice based on the Total Monetary Compensation and the agreed Fee rates. Fees are payable by the Employer on receipt of an invoice from HR Financial.
  1. The Employer will be notified in the invoice if Value Added Tax, or any other local taxes, are applicable, and at what rates. These taxes are not refundable to the Employer by HR Financial.
  1. There is no fee chargeable for provision of anonymous CV data.
  1. Introductions are confidential and restricted to the individual Employer. If the Employer or their representative or employee refers the Candidate to any other person, firm or corporation within 12 months of the initial Introduction and the Candidate is then hired by that person, firm or corporation the Fee will become payable by the Employer. In the case of a Candidate hired by an affiliate enterprise or subsidiary of the Employer then subject to prior written agreement with HR Financial, the Fee may be paid by the affiliate enterprise or subsidiary.
  1. HR Financial can accept no liability or damage to property or for any other loss including loss of profits or for any injury to persons arising directly or indirectly from any act or omission of any Candidate introduced by HR Financial even if such act or omission is negligent, fraudulent or dishonest.
  1. These Terms and Conditions may only be varied by a Director of HR Financial in writing.
  1. The unsuitability of any Candidate should be notified in writing immediately to HR Financial.
  1. In the event of the employment of Candidate who has been hired by the Employer being terminated for reasons other than redundancy in the first eight week period following the start of employment, HR Financial will refund 12.5% per full week remaining until the end of the eight week period up to a maximum of 87.5% of the Fee less a management charge of £250. Valued Added Tax and any local other taxes are not refundable.
  1. The interpretation and performance of these Terms and Conditions of Business will be governed by the Law of England.