Terms & Conditions
EME Contracts UK Ltd
These Terms and Conditions apply to all recruitment, introduction, consultancy, labour supply, project support and related services undertaken by EME Contracts UK Ltd.
1.1 These Terms and Conditions apply to all services provided by EME Contracts UK Ltd to any client, customer, associated company, project partner, contractor or end user who receives details of a candidate, consultant, contractor, subcontractor or worker from EME Contracts UK Ltd.
1.2 EME Contracts UK Ltd operates as a recruitment, labour supply and project support business, providing permanent, contract, temporary, consultancy and managed recruitment services.
1.3 By receiving, accepting, reviewing, interviewing, engaging, employing or otherwise using information relating to a Candidate introduced by EME Contracts UK Ltd, the Client agrees to be bound by these Terms and Conditions.
1.4 These Terms and Conditions supersede all previous representations, understandings, agreements or terms unless otherwise agreed in writing by a Director of EME Contracts UK Ltd.
2.1 “Company” means EME Contracts UK Ltd.
2.2 “Client” means the company, organisation, individual, end user, contractor, subcontractor, associated company or connected party receiving recruitment or introduction services from the Company.
2.3 “Candidate” means any person, contractor, consultant, subcontractor, employee, worker or representative introduced by the Company to the Client.
2.4 “Introduction” means the provision of a Candidate’s name, CV, profile, contact details, employment history, rate expectations, salary expectations, availability, qualifications, compliance documents or any other information sufficient to identify the Candidate.
2.5 “Engagement” means the employment, hire, placement, use, engagement or appointment of a Candidate by the Client, whether directly or indirectly, on a permanent, temporary, contract, consultancy, subcontract, project, freelance or self-employed basis.
2.6 “Remuneration” means the Candidate’s total annual gross remuneration, including basic salary, guaranteed allowances, bonuses, commission, overseas allowances, accommodation allowances, rotation allowances, subsistence, car allowance, pension contributions, benefits in kind, and any other financial benefit forming part of the employment or engagement package.
3.1 Acceptance of these Terms shall be deemed to occur where the Client:
3.2 No signature is required for these Terms to be binding where the Client has acted upon an Introduction made by the Company.
4.1 For permanent placements, direct hire appointments or fixed-term employment, the Client shall pay the Company an introduction fee equal to 15% of the Candidate’s total annual gross Remuneration.
4.2 The fee shall be calculated on the Candidate’s full first-year Remuneration package and shall not be limited to basic salary only.
4.3 Where the Candidate is engaged on a contract, consultancy, self-employed, subcontractor or temporary basis, the Company shall be entitled to charge either:
4.4 Where the Client initially engages the Candidate on a temporary, contract, consultancy or subcontract basis and later offers permanent employment, a permanent placement fee of 15% of total annual gross Remuneration shall become payable, less any conversion fee already paid where expressly agreed in writing.
4.5 All fees are exclusive of VAT, taxes, bank charges, transfer charges, travel costs, accommodation costs, compliance costs, work permit costs, payroll charges and any other applicable costs unless otherwise agreed in writing.
5.1 The Company shall issue an invoice following the Candidate’s acceptance of an offer, start date, or commencement of services, at the Company’s discretion.
5.2 Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
5.3 Payment is due in full without set-off, deduction, withholding, counterclaim or delay.
5.4 If payment is not received by the due date, the Company reserves the right to charge interest on overdue sums at a rate of 4% per annum above the Bank of England base rate, or the maximum rate permitted by law, whichever is higher.
5.5 The Client shall be responsible for all reasonable costs incurred by the Company in recovering overdue sums, including legal fees, debt recovery fees, administrative costs and third-party collection charges.
5.6 Any dispute relating to an invoice must be raised in writing within 7 days of the invoice date. If no written dispute is received within this period, the invoice shall be deemed accepted and payable in full.
6.1 All Candidate Introductions made by the Company remain the commercial property of the Company.
6.2 Where the Company introduces a Candidate to the Client, the Client shall not employ, engage, introduce, refer, transfer or otherwise pass the Candidate to any associated company, third party, contractor, subcontractor, end user, project partner or connected business without the prior written consent of the Company.
6.3 If the Candidate is engaged by the Client, an associated company, an end user, a contractor, subcontractor, project partner or any connected party within 12 months of the Introduction, the full applicable fee shall become payable to the Company.
6.4 This clause applies regardless of whether the Candidate was previously known to the Client, unless the Client can provide written evidence that it was in active and direct communication with the Candidate regarding the same role or opportunity before the Company’s Introduction.
6.5 The Client shall not circumvent, avoid or attempt to avoid payment of the Company’s fee by engaging the Candidate through another agency, payroll provider, umbrella company, subcontractor, associated company, third party or alternative contractual arrangement.
7.1 The Company shall use reasonable endeavours to introduce Candidates who appear suitable based on the information available at the time of Introduction.
7.2 The final decision to interview, offer, employ, engage or deploy a Candidate remains solely with the Client.
7.3 The Client is responsible for verifying the Candidate’s qualifications, references, right to work, certifications, licences, competence, medical fitness, background checks, site access requirements and suitability for the role.
7.4 The Company shall not be liable for any loss, damage, cost, claim or expense arising from the Client’s decision to engage a Candidate, except where caused by the Company’s proven gross negligence or wilful misconduct.
8.1 Any rebate or replacement is strictly conditional upon the Company’s invoice being paid in full within the agreed payment terms.
8.2 If the Client fails to pay the Company’s invoice within the agreed payment period, no rebate, credit note or replacement guarantee shall apply.
8.3 Where a Candidate’s employment is terminated within the first 60 days of commencement, the Company may, at its discretion, offer a replacement Candidate for the same role.
8.4 No rebate, refund or replacement shall apply where the termination arises due to:
8.5 Any replacement guarantee is limited to one replacement Candidate only and does not entitle the Client to a refund.
8.6 If the replacement Candidate is offered a higher Remuneration package, the Client shall pay the difference in fee.
9.1 The Client agrees to provide accurate information regarding the role, salary, rate, location, rotation, accommodation, transport, working hours, reporting line, site conditions, contract duration, compliance requirements and any other material terms.
9.2 The Client shall notify the Company immediately if:
9.3 The Client shall not make direct contact with a Candidate introduced by the Company for the purpose of avoiding the Company’s fee.
10.1 All Candidate information supplied by the Company is confidential and must not be disclosed to any third party without the Company’s prior written consent.
10.2 The Client shall ensure that any Candidate information is used solely for the purpose of assessing the Candidate for the role for which they were introduced.
10.3 Any unauthorised disclosure resulting in the Engagement of a Candidate by a third party shall give rise to the full applicable fee being payable by the Client.
11.1 The Company shall not be liable for any indirect, consequential, financial or business loss, including loss of profit, loss of contract, loss of production, loss of opportunity, project delay, operational disruption or reputational damage.
11.2 The Company’s total liability to the Client shall not exceed the fee paid by the Client in relation to the specific Candidate or service giving rise to the claim.
11.3 Nothing in these Terms shall limit liability where such limitation is prohibited by law.
12.1 Either party may terminate a recruitment assignment by giving written notice.
12.2 Termination of an assignment shall not affect the Client’s obligation to pay any fee due in respect of any Candidate introduced prior to termination.
12.3 The Company shall remain entitled to its fee where a Candidate is Engaged within 12 months of Introduction, regardless of whether the assignment has been terminated.
13.1 Both parties shall comply with applicable data protection legislation when processing Candidate personal data.
13.2 The Client shall only use Candidate personal data for legitimate recruitment and assessment purposes.
13.3 The Client shall securely delete or return Candidate information upon request where no Engagement proceeds, unless retention is required by law.
14.1 No variation of these Terms shall be valid unless agreed in writing by a Director of the Company.
14.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force.
14.3 Failure by the Company to enforce any provision shall not constitute a waiver of its rights.
14.4 These Terms form the entire agreement between the parties unless replaced by a separate written agreement signed by both parties.
15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, subject to the applicable jurisdiction of the Company’s registered office.
15.2 The Client agrees to submit to the exclusive jurisdiction of the courts of the United Kingdom in relation to any dispute arising out of or in connection with these Terms.