Recruitment Agency – Terms of Engagement
These terms apply to all recruitment agencies introducing candidates to Dominus UK Holdings Ltd, Dominus Hospitality Management Ltd, or Dominus PBSA Management Ltd, as the case may be (each a “Client”).
- Application of These Terms
1.1 These terms govern all introductions of candidates by recruitment agencies to the Client in respect of permanent and fixed-term employment roles.
1.2 These terms override and supersede any terms proposed by an agency, whether contained in terms of business, emails, CV submissions, invoices, or otherwise.
1.3 An agency shall be deemed to have accepted these terms by responding to a request from the Client to assist with a role or submitting a candidate in response to a role that the Client has confirmed it is seeking to fill.
1.4 Speculative CVs do not give rise to any fee entitlement.
- Introductions
2.1 An introduction occurs only where an agency submits a candidate’s CV, with the candidate’s consent, in response to a specific role confirmed by the Client.
2.2 No introduction occurs, and no fee is payable, where the candidate was already known to the Client at any time or the agency is not the effective cause of the candidate’s engagement.
2.3 An agency shall only be entitled to a fee where it is the effective cause of the candidate’s engagement and the engagement occurs within six (6) months of the introduction.
- Agency Obligations
3.1 The agency warrants that the candidate has confirmed that they have the right to work in the United Kingdom, that consent has been obtained to make the introduction, and that reasonable steps have been taken to assess suitability for the role.
3.2 Reasonable steps include assessing the candidate against the job description and clearly identifying any material areas where the candidate does not meet the stated requirements.
3.3 Fee entitlement is conditional upon compliance with this clause and no fee shall be payable where the agency has materially misrepresented a candidate.
- Fees
4.1 Where a fee is properly due in respect of a permanent role, it shall be fifteen per cent (15%) of the candidate’s annual base salary.
4.2 Where a candidate is engaged on a fixed-term contract of less than twelve (12) months, the fee shall be calculated by reference to the total base salary payable over the fixed term only.
4.3 No fee shall be payable in respect of bonuses, commission, benefits, allowances, pension contributions, equity, sign-on payments, or other variable or non-salary remuneration.
4.4 Fees are capped by reference to a maximum annual base salary of £150,000.
- Fee Trigger
5.1 A fee becomes payable only after the candidate has completed one (1) full month of employment.
5.2 If the candidate does not complete one full month of employment, no fee is payable.
- Invoicing and Payment
6.1 Valid invoices shall be payable within thirty (30) days of the invoice date.
6.2 Where any part of an invoice is disputed, the Client may withhold payment of the entire invoice until the dispute is resolved.
6.3 No interest shall be payable on late payment.
- Refunds and Replacement
7.1 If within six (6) months of the candidate’s start date, or at any time thereafter where the candidate’s probationary period has been extended beyond six (6) months, the candidate’s employment terminates or notice of termination is given by either the Client or the candidate for any reason, the agency shall provide a full refund of the fee paid.
7.2 The refund obligation shall not apply where termination is primarily as a result of redundancy or business reorganisation.
7.3 At the Client’s discretion, the Client may allow the agency a one-month window to introduce a suitable replacement in lieu of an immediate refund.
7.4 The agency has no automatic right to provide a replacement.
- Non-Exclusivity
8.1 The Client may engage other recruitment agencies and recruit directly at all times.
- Confidentiality
9.1 Each party shall keep confidential any confidential information received from the other party.
9.2 The Client’s confidentiality obligations apply for two (2) years from disclosure.
9.3 The agency’s confidentiality obligations apply indefinitely.
- Data Protection
10.1 The agency acts as data controller in respect of candidate personal data prior to employment and warrants compliance with applicable data protection law.
10.2 Upon employment, the Client becomes data controller solely for employment-related purposes.
10.3 Each party is responsible for its own compliance failures.
- Termination
11.1 The Client may terminate engagement with an agency immediately, without notice and without cause.
11.2 Termination does not give rise to fee entitlement except where an introduction has already resulted in employment or engagement occurs within the agreed six-month window.
11.3 Confidentiality and data protection obligations survive termination.
- Liability
12.1 The Client shall not be responsible for any misrepresentation or omission by a candidate or the agency.
12.2 Neither party shall be liable for indirect or consequential loss.
- Governing Law
13.1 These terms are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
