Standard Terms and Conditions of Business

These Standard Terms and Conditions of Business (“the Standard Advertisement Campaign Terms”) regulate the contractual relationship between Bespoke Recruitment (“Bespoke Recruitment”) and The Client (“the Client”). They are effective from the date hereof and supersede all previous Bespoke Recruitment Standard Advertisement Campaign Terms issued by Bespoke Recruitment except in the case of any Full Recruitment process terms in existence and ongoing at the date hereof. Save as expressly provided for below, these Standard Advertisement Campaign Terms form the entire agreement between the parties (“the Agreement”).

  1. Objective of the agreement Bespoke Recruitment agrees to supply to the Client, for a fee (“the Fee”), Applicants for consideration by the Client and the Standard Advertisement Campaign Terms regulate the Agreement between Bespoke Recruitment and the Client only.

  2. Definitions In these (“the Standard Advertisement Campaign Terms”) the following expressions shall unless the context otherwise requires or are otherwise expressly provided for, have the following meanings: “The Client” means The Client named in the sales order and subsequent invoice(s). “Bespoke Recruitment” Website:www.bespokerecruits.co.uk “Applicant(s)” means the person(s) presented by Bespoke Recruitment to the Client. “Commencement Date” means the date upon which confirmation of engagement of Bespoke Recruitment to undertake the advertisement campaign post-completion of the Standard Advertisement Campaign Terms, following receipt from the Client electronically or in writing. “Engage”, “Engaged” or “Engagement” means to employ, engage, retain or otherwise accept services from an Applicant introduced by Bespoke Recruitment in any capacity whatsoever, including any trial period or other conditional position, within a period of 6 months from the date of the Introduction. “Named Advert(s)” means an advert(s) for the Client’s vacancy in which the name of the Client is stated. that Bespoke Recruitment reasonably deems suitable for advertising purposes taking into account the Client’s vacancy. “Bespoke Recruitment Job Credit” means, depending on which option in Schedule 1 the Client chooses, one specific advertised vacancy type. “Schedule 1” shall mean the ‘Low-Cost Recruitment Service and Costs’ document.

  3. Acceptance of Standard Advertisement Campaign Terms These Standard Advertisement Campaign Terms are deemed to be accepted by the Client from the Commencement Date of Campaign.

  4. Prices 4.1 Fees quoted for the purchase of Bespoke Recruitment Job Credits in the sales Invoice and/or Schedule 1 are valid from the date of the relevant sales order. Prices are confidential and may not be disclosed to a third party by either party.

    4.1.1. The sales invoice is legally binding into these Standard Advertisement Campaign Terms.

    4.2. Acceptance of Bespoke Recruitment annual rates as set out in Schedule 1, requires full payment as set out in the sales invoice. A full sales invoice will be submitted upon acceptance of these Standard Advertisement Campaign Terms.

    4.3. For outstanding payments, Bespoke Recruitment reserves the right to claim interest on outstanding debts at the rate of 4% per annum above the National Westminster Bank base rate. Bespoke Recruitment also reserves the right to remove any discount associated with the Agreement upon late payment.

  5. Recruiter 5.1 The Company shall issue invoices to the Client for amounts due (plus VAT) for all Goods and Services sold to the Client. All amounts payable by the Client to Bespoke Recruitment exclusive of VAT (which shall be chargeable at the applicable rate(s) in the relevant jurisdiction(s)) and the Customer shall pay such VAT in addition to the amounts due. All such invoices shall be settled in Pound Sterling (£) prior to The Company proceeding with work by either making a card payment or a bank transfer.

    5.1.2. Essential, Pro and Elite Recruiter services shall last up to an initial 4 weeks, and if no hire is made, The Company agrees to extend this period by another 4 weeks (8-week maximum).

    5.1.3. Upon purchase of Pro Recruiter, The Company agrees that if The Client hires a candidate The Company has found if the candidate’s employment is terminated within the first 30 days of their start date, The Company will offer to help find a replacement candidate at no extra charge

    5.1.4. By purchasing ProRecruiter, The Client agrees to confirm with The Company the name and start dates of the candidate they employ. If a candidate’s employment is terminated within the first 30 days of their start date, The Client must prove in writing of the candidate leaving. The Company has the right to investigate by contacting The Client and applicants by, but not limited to phone, email, social media.

    5.1.5. The Company and The Client commit to a strategy meeting via teams, zoom or phone call prior to us beginning work to determine and agree on the specification of the desired candidate

    5.1.6. When The Company presents a candidate, The Client agrees and commits to 5.1.7. Feedback to their account manager/recruiter within 48 hours of receiving the CV on whether to proceed to an interview stage. The Client must provide Bespoke Recruitment with specific feedback for rejected candidates within 48 hours of contact.

    5.1.8. Respond to all calls and or emails for, but not limited to candidates and feedback within 48 hours of contact by The Company.

    5.1.9. Be open and willing to speak to candidates with transferrable skills.

    5.1.10. Be open and willing to interview applicants that Bespoke Recruitment suggests are suitable.

    5.1.11. The Client must provide The Company with a minimum of 3 separate dates for interviews.

    5.1.12. Failure to comply with clauses 5.1.1 to 5.1.11 may result in a forfeit to the additional replacement (5.1.4) and/or extension period (5.1.2).

    5.1.13. Upon completion of the recruitment campaign, the client will receive access to the ATS system to view candidate applications.

  6. Contract Renewal.6.1 The Client can renew the Agreement at any point during the provision of this service.

    6.2. In relation to clause 5.1 The Company reserves the right to suspend the account if payment is not made, Bespoke Recruitment reserves the right to suspend work until payment is made in full.

    6.3. Bespoke Recruitment will not automatically renew the Agreement and non-renewal will mean total suspension of all related Campaigns.

    6.4. If no payment is made to Bespoke Recruitment from the Client during a contracted service, Bespoke Recruitment reserves the right to pass this to a debt collector.

  7. Job Credits & Flat Fee Sifting 7.1 All purchased Bespoke Recruitment Job Credits are valid for 28 days from the day each credit is posted.

    7.2. All purchased Flat fee Credits are valid for 28 days from the date keywords are provided for a specific role.

    7.3. Job board credits do have a validity of 12 months once purchased, hence any credit purchased must be used within 12 months

    7.4. The Client accepts that Job boards are a third-party supplier, therefore guarantees cannot be made as to the credits being posted on the job boards requested by the client. Jobs may be rejected via job boards without an explanation in some instances. Bespoke Recruitment will always aim to rectify this as quickly as possible.

    7.5. Bespoke Recruitment will aim to inform the Client prior to the client purchasing a credit(s) or posting a vacancy as to which job boards are available, although 6.4 still applies.

  8. Advertisements 8.1 The Client must elect to use either an anonymous or Named Advert(s).

    8.2. If The Client uses a branded Advert(s) then Bespoke Recruitment accepts no responsibility for unsolicited telephone calls which the Client may receive but Bespoke Recruitment will stipulate within the advert(s) that all contact must be directed to the Client.

    8.3. A branded advert will result in extra costs which will be presented at the time to the client and payment will be made prior to requesting a branded advert.

    8.3. Bespoke Recruitment will obtain approval of the draft advert(s) from the Client before publishing the advert

    8.4. Upon approval of the advert(s) Bespoke Recruitment will within 2 working hours post the advert(s) across all relevant job boards within the Bespoke Recruitment Job Board Portfolio for a period of 28 days from receipt of such approval.

    8.5. All responses will be sifted by Bespoke Recruitment and then sent to the Client as soon as is reasonably practical via email throughout the duration of the campaign

  9. Property in the Applicant All supplied Applicants and all advert(s) responses will be the property of the Client upon receipt of cleared funds in respect of the Fee.

  10. Additional Talent Finder Services Should the Client wish to engage Bespoke Recruitment in any further capacity, a further fee will become payable. This will be discussed and agreed upon by the parties in writing before any further Engagement.

  11. Confidentiality 10.1 The service offered under these Standard Advertisement Campaign Terms and any agreed variation of them is confidential and the Client agrees not to divulge to any third party the contents of this Agreement. 10.2 Bespoke Recruitment will comply with the provisions of the Data Protection Act 1988 in relation to the personal data of any Applicant. All Applicants will be made aware that their details may be forwarded to the Client whereupon those details will then become the property of the Client.

  12. Suitability of Applicants 11.1 Other than as described in Schedule 1 Bespoke Recruitment does not take up references or undertake verbal screening (Ad Posting only) on Applicants and the responsibility for taking up references and screening rests with the Client. Bespoke Recruitment accepts no liability for the suitability of the Applicant for employment. 11.2 Other than as described in Schedule 1 Bespoke Recruitment accepts no liability for the authenticity of the Applicant profiles supplied or the accuracy of the Applicant’s CV.

  13. Liability 12.1 Neither party shall be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including loss of revenues or profits, contracts, business or anticipated savings), loss of goodwill or reputation or any indirect or consequential losses suffered or incurred by the other arising out of or in connection with any matter under this Agreement. The aggregate liability of either party in respect of any loss or damage suffered by the other party arising out of or in connection with this Agreement in any other way shall not exceed the Fees paid by the Client to Bespoke Recruitment in the preceding 12 months. For the avoidance of doubt, neither party excludes liability for death or personal injury arising from its own negligence.

  14. Response Rate Bespoke Recruitment cannot guarantee a minimum response rate and accept no liability for the number or quality of CVs received in response to the advert(s) and/or submitted to the Client under this service, due to variations in Sectors within the recruitment industry.

  15. Third Parties No third party shall have any rights under the Contract (Rights of Third Parties) Act 1999 in connection with this Agreement.

  16. Authority Bespoke Recruitment does not have the authority to bind either the Client or an Applicant.

  17. Variation These Standard Advertisement Campaign Terms cannot be varied otherwise than in writing by the agreement of a Director of Bespoke Recruitment.

  18. Legal Fees If the Client fails to pay the Fee and/or any agreed advertising charges in accordance with these Standard Advertisement Campaign Terms, then Bespoke Recruitment reserves the right to take such action as it considers appropriate to recover the Fee and or those charges and interest, and any costs reasonably incurred by Bespoke Recruitment in respect of that action will be payable by the Client in addition to the Fee and/or those charges and interest.

  19. Jurisdiction This Agreement shall be governed and construed in accordance with English law and is subject to the exclusive jurisdiction of the Courts of England and Wales