Terms of Business – LSA Recruit

These Terms of Business (the “Terms”) are between LSA Recruit (“the Company”) and the person, firm, or corporate body to whom the Company provides its services (“the Client”).

By requesting the Company to provide services, interviewing a Candidate, or engaging a Candidate introduced by the Company, the Client is deemed to have accepted these Terms in full.

• “Candidate” means any individual introduced by the Company to the Client for an Engagement, including but not limited to permanent employees, contract workers, and offshore talent.
• “Client” means the person, firm, or corporate body to whom the Company provides its services (including any parent, subsidiary, or associated company and any of its employees, agents, and representatives).
• “Engagement” means the employment, engagement, hire, use, or other utilisation of the Candidate by the Client or any third party to whom the Client has introduced the Candidate, whether on a permanent, fixed-term, temporary, contract, consultancy, outsourced services, or other basis, and whether directly or indirectly.
• “Introduction” means (a) the passing to the Client of a curriculum vitae or information which identifies the Candidate; or (b) the Client’s interview of a Candidate; or (c) the provision of any information which enables the Client to identify the Candidate.
• “Introduction Fee” means the fee payable by the Client to the Company upon the Engagement of a Candidate, calculated in accordance with these Terms and/or any applicable assignment schedule or written fee agreement.
• “Remuneration” includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, car allowance, and any other financial benefit.

2.1 Permanent Recruitment (Fees and Payment Terms)

The Company shall use its 18+ years of expertise to source Candidates for long-term positions. An Introduction Fee is calculated as a percentage of the Candidate’s Remuneration for the first 12 months of the Engagement (or, where the Engagement is for less than 12 months, the total Remuneration payable during the Engagement).

• Fee basis: Unless otherwise agreed in writing, the Introduction Fee will be charged at the Company’s standard permanent placement fee percentage as agreed with the Client at the point of instruction or set out in the applicable fee proposal.
• Invoice date: The Introduction Fee is due on the date the Candidate commences the Engagement (or the date an offer is accepted, if the Engagement does not commence due to the Client’s withdrawal), and will be invoiced accordingly.
• Payment Terms: Introduction Fees are payable within 14 days of the date of the Company’s invoice.

2.2 Contract and Contract-to-Hire Recruitment (Fees and Payment Terms)

For short-term, project-based roles or “Contract to Hire” needs, the Company provides skilled professionals (including Business Intelligence, SAP, Java, and Cloud experts).

• Rates: Contract fees will be charged at the hourly or daily rate agreed in writing between the Company and the Client (and may include any agreed agency margin).
• Timesheets: For contract roles, the Client must approve and sign timesheets (or otherwise confirm hours) weekly. Approval/signature of a timesheet constitutes acceptance of the hours worked and the quality of the work for billing purposes.
• Invoicing: Unless otherwise agreed, the Company will invoice weekly or monthly in arrears based on approved timesheets.
• Payment Terms: Contract invoices are payable within 14 days of the date of the Company’s invoice (or such other period as agreed in writing).
• IR35 Compliance: The Client is responsible for providing a Status Determination Statement (SDS) where required by UK law.

2.3 Offshore Recruitment

The Company provides access to global talent pools. Specific terms regarding jurisdiction, local tax compliance, and remote working infrastructure will be detailed in the individual Assignment Schedule.

2.4 Executive Recruitment

For leadership and high-impact roles, the Company operates on a “Retained” or “Contingency” basis as agreed in writing prior to the search.

Subject to clauses below and provided that (a) the Client notifies the Company in writing promptly and in any event within 7 days of the Candidate’s employment terminating, and (b) all invoices due to the Company have been paid in full and on time, the Company may offer a rebate of part of the Introduction Fee where the Candidate’s Engagement terminates within the rebate period set out below.

Rebate period and sliding scale (from Candidate’s start date):

• Weeks 1–2: 75% rebate of the Introduction Fee
• Weeks 3–4: 50% rebate of the Introduction Fee
• Weeks 5–6: 25% rebate of the Introduction Fee
• Weeks 7–10: 10% rebate of the Introduction Fee
• After week 10: no rebate

Conditions and exclusions:

• Rebates apply only where the Engagement terminates due to the Candidate resigning or the Client terminating employment for performance/conduct/other reasons (excluding redundancy).
• No rebate will be payable where termination arises due to redundancy, business reorganisation, closure of site/team, or any circumstance outside the Candidate’s control, or where the Candidate is redeployed, promoted, or moved to another group company.
• Any rebate (if applicable) will be credited against future invoices or, at the Company’s discretion, refunded, and will be the Client’s sole remedy in relation to early termination of a permanent Engagement.

LSA Training provides comprehensive IT courses, hands-on learning, and certifications.

• Enrollment: Participation in training programs is subject to the payment of course fees in advance.
• Intellectual Property: All training materials, manuals, and software provided remain the sole property of LSA Recruit. The Client or individual trainee may not reproduce or distribute these materials without written consent.

The Company provides Security Assessment, Threat Monitoring, and Compliance Support.

• Scope of Work: The specific deliverables for cybersecurity projects will be defined in a separate Statement of Work (SOW).
• Limitation of Liability: While the Company uses expert standards to provide security roadmaps, the Company does not guarantee that the Client’s systems will be 100% immune from all cyber threats.
• The Company endeavors to ensure the suitability of Candidates by conducting initial screenings and interviews.
• However, the final responsibility for verifying a Candidate’s suitability for the role and the Engagement rests with the Client. The Client must interview the Candidate (or otherwise assess suitability), take up references, verify qualifications and employment history as appropriate, and ensure the Candidate has the legal right to work in the relevant jurisdiction.
• The Client is responsible for obtaining any work permits or visas necessary for the Candidate.
• Introductions are strictly confidential. If the Client discloses a Candidate’s details (or any information enabling identification) to a third party who then engages the Candidate, the Client shall be liable to pay the Introduction Fee to the Company.
• The Client shall keep confidential all information relating to Candidates and all commercial information relating to the Company (including fees, rate cards, and service proposals) and shall not disclose such information to any third party except as required by law or with the Company’s prior written consent.
• Each party shall comply with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, in connection with any personal data processed under these Terms.
• The Client acknowledges that, in order to provide recruitment services and make Introductions, the Company will share Candidate personal data with the Client. The Client shall process such personal data lawfully, fairly, and transparently, shall implement appropriate technical and organisational measures to protect it, and shall retain it only for as long as necessary.
• The Client shall promptly notify the Company if it becomes aware of any personal data breach relating to Candidate personal data received from the Company, and shall provide reasonable cooperation to enable the Company to comply with its legal obligations.
• Nothing in these Terms excludes or limits either party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be limited or excluded by law.
• Subject to the clause above, the Company shall not be liable for any loss, expense, damage, costs, or compensation (whether direct, indirect, consequential, loss of profit, loss of business, or otherwise) arising from or in any way connected with: (a) the Company seeking a Candidate for the Client; (b) any Introduction; or (c) any Engagement, except to the extent caused by the Company’s wilful misconduct.
• The Client shall indemnify and keep indemnified the Company against all liabilities, losses, damages, costs, and expenses (including reasonable legal costs) incurred by the Company arising out of or in connection with the Client’s Engagement of a Candidate and/or the Client’s breach of these Terms, including any claims made by a Candidate or any third party relating to the Engagement (save to the extent caused by the Company’s wilful misconduct).
• Either party may terminate its relationship under these Terms by giving the other not less than 14 days’ written notice.
• Termination shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.
• For the avoidance of doubt, any Introduction and/or Engagement occurring prior to termination (or after termination where arising from an Introduction made prior to termination) will remain subject to these Terms and any applicable fees will remain payable.

These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.

LSA Recruit www.lsarecruit.co.uk
Specialists in IT Staffing, Training, and Cybersecurity.