Terms - Rehoboth Care

Items one to five are the total Terms and conditions that govern the recruitment services undertaken by Rehoboth care Limited.

Our fees are variable on a negotiated contract-by-contract basis.

We will never charge a job candidate a fee

1. Engagement

These Terms will apply to candidates presented by us to you (“candidate(s)”).

You will be regarded as having agreed to these Terms if you:

(a) sign these Terms; or

(b) give us written or verbal instructions to supply candidate(s); or

(d) employ or otherwise engage a candidate we introduced to you; or

(e) refer a candidate we introduced to you to a third party who then employs or otherwise engages that candidate.

These Terms must be read in conjunction with an addendum letter (if provided by us) and/or our written confirmation that outlines the details of our engagement, type of assignment you have requested and other relevant information pertaining to that particular engagement (“Engagement Letter”).

We provide recruitment services relating to the employment of staff (Permanent Recruitment), fixed term contractors (Fixed Term Recruitment) and temporary contracting recruitment (Contracting Recruitment).

2. Permanent Recruitment

2.1 Notification

You agree to notify us immediately in writing if a candidate introduced by us accepts your offer of permanent employment.

2.2 Your Employee

Any candidate employed by you in accordance with these Terms is your employee and you are responsible under any statute, regulation, and employment laws in Ireland:

(a) All of the entitlements of the candidate, including but not limited to payment of salary, annual leave, personal/carer’s leave, and sick leave; and

(b) All of the obligations of an employer.

2.3 Fees and Payment

You must pay us fees relating to Permanent Recruitment (Perm Fee) in accordance with these Terms, unless otherwise specified in a relevant Engagement Letter. The Perm Fee payable is calculated based on an agreed percentage (10% to 20%) of the candidate’s annual commencing salary package. Annual commencing salary will be taken to include cash salary, superannuation, allowances, guaranteed bonuses and commissions, and non-cash benefits, which form an integral part of the remuneration package.

Client will be invoiced upon the employee's first day of employment. Invoices are due and payable to Rehoboth care Ltd within twenty-eight (28) days of the employee’s first day of employment.

3. Temporary Contracting Recruitment

3.1 Our Respective Obligations

(a) Any candidate supplied by us to you under Contracting Recruitment is our employee and we are responsible for Employee Entitlements in relation to that candidate.

(b) You must ensure that all workplace health and safety legislation is complied with in relation to the candidate while on assignment at your premises, or at any other premises as you may direct. This includes induction and training required for the candidate to comply with your policies and procedures.

(c) You must ensure that all state and equal opportunity legislation is complied with in relation to the candidate, including in relation to discrimination and harassment, and ensure compliance with all general protections.

3.2 Supervision

You are responsible for the direct supervision and management of the candidate in the performance of the assignment, and the achievement of outcomes required of the assignment.

3.3 Timesheets

Our candidate will periodically submit timesheets to you for approval. By signing or approving electronic timesheets you confirm that the work has been completed to your satisfaction by the candidate and you will accept our fees for the period worked.

3.4 Payment Terms

Our fees are invoiced when we have made payment to our candidate for the period worked and are payable by you within 28 days of the date of our invoice.

3.5 Termination

(a) You may terminate a Contracting Recruitment assignment by giving us notice in writing of the duration specified in a relevant Engagement Letter (Notice Period).

(b) We may terminate a Contracting Recruitment assignment without further notice if you are in breach of these Terms and fail to remedy the breach within 14 days of us notifying you in writing.

(c) Where the Contracting Recruitment assignment is terminated for any reason, you will be liable to pay us the fee in respect of all hours worked by the candidate up to and including the time of termination. This will include all Notice Period(s) that the candidate is subject to, or which is required to be given.

3.6 Assignment Variation

You shall not at any time during an assignment require the candidate to undertake work that falls materially outside the original job brief and specification unless we have given our consent in writing.

4. FIXED TERM RECRUITMENT

4.1 Engagement

We will only consider Fixed Term Recruitment (Fixed Term) requests for periods of thirteen (13) weeks or more. Respective obligations shall be as in section 3.1 of these terms and conditions.

4.2 Supervision

You are responsible for the direct supervision and management of the candidate in the performance of the assignment, and the achievement of outcomes required of the assignment.

4.3 Timesheets

4.4 Payment Terms

Our fees are invoiced when we have made payment to our candidate for the period worked and are payable by you within 28 days of the date of our invoice.

5. GENERAL PROVISIONS

5.1 No Warranties and Indemnities

(a) Although we will conduct interviews and submit details of candidates, we believe are appropriate to the job specification you provide, we make no warranty as to the suitability of any candidate to a particular position. You are responsible for ensuring the candidate is suitable to the position to which they are appointed.

(b) Notwithstanding any other provision of these Terms, we are not liable for any loss suffered by you arising from the introduction of any candidate, any delays in the recruitment process, any errors, omissions or inaccuracies in the information provided to us by third parties, including (but not limited to) information as to a candidate’s qualifications and experience and information contained in a candidate’s reference, the failure of a candidate to accept an offer of employment, the failure of a candidate to perform their obligations under your employment or control, or any actions or omissions of a candidate. We shall have no liability (whether for breach of contract, under indemnity, negligence, common law, tort, equity, under statute or in restitution, or on any other legal or equitable basis) to you for loss of use, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect or consequential loss. Otherwise, our maximum aggregate liability (whether for breach of contract, under indemnity, negligence, common law, tort, equity, under statute or in restitution, or on any other legal or equitable basis) to you is limited to the fees paid to us by you.

5.2 Candidate Ownership

(a) If you choose to interview a candidate presented by us to you or on-refer such candidate to a third-party then you acknowledge that the candidate has been introduced by us subject to these Terms, and that any previous interactions, communications or employment relationships have no bearing on our introduction or the fees payable according to these Terms.

(b) If you interview a candidate and then within the following twelve (12) months:

(i) Employ that candidate in permanent work, then the terms relating to Permanent Recruitment as indicated at Clause 2 will apply. These include (but are not limited to) the fees payable for Permanent Recruitment services,

(ii) Engage that candidate on a contract, then the terms relating to Fixed Term Recruitment or Contracting Recruitment as indicated at clauses 3 and 4 (as the case may be) will apply. These include (but are not limited to) the fees payable for Fixed Term Recruitment or Contracting Recruitment in accordance with causes 3 or 4 as the case may be.

(c) A fee (at our standard rates current at the time) will also be payable by you if you refer a candidate introduced by us to another party who subsequently employs or otherwise engages that candidate.

(d) Our entitlement to a fee will continue for a period of twelve (12) months from the date we introduced the candidate to you, or the date the candidate completed an assignment with you, whichever is the later.

5.3 Confidentiality & Privacy

(a) Introductions made by us are confidential, and you may not disclose to any other party any information relating to the introduction, the candidate or their subsequent employment without our express written consent.

(b) You agree to comply with the provisions of the Data Protection Act of 2018 regarding the use of personal information and will not use personal information except for the purpose of considering a candidate for an assignment

5.4 Default Interest

If you fail to pay any amount payable under these terms on the due date for payment, you must pay interest on the amount unpaid at the interest rate of 12% per annum. Interest is payable in respect of the period from the due date for payment until the actual date of payment of that amount.

5.5 Variation

This Agreement may only be amended or supplemented in writing signed by the Parties.

5.6 Severability

If any provision in these Terms is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.

If these terms and conditions are agreeable to you, please sign, date, and email back to my attention at Rehobothcare1@gmail.com at your earliest convenience.