ELARA Recruitment | Terms & Conditions | Trusted by UHNW Households

Terms and Conditions

These Terms and Conditions (the "Agreement") set out the basis upon which ELARA Recruitment Ltd (ELARA) provides recruitment services to the Client.

By communicating with, interviewing or submitting an offer of Engagement to any Candidate introduced by ELARA, the Client agrees to be bound by these Terms and Conditions, even if they are not formally signed.

This Agreement outlines the obligations, responsibilities and liabilities of both ELARA and the Client, including payment terms, confidentiality and the conditions under which the Client may engage with a Candidate.

The Agreement applies to all Engagements, whether permanent, temporary or self-employed.

Definitions

Candidate - An individual introduced or suppled to the Client by ELARA for the purpose of Engagement in a permanent, temporary or self-employed capacity.

Client - The party to whom ELARA provides recruitment services and who engages or intends to engage a Candidate introduced by ELARA.

Engagement - The employment, hire, or use of a Candidate by the Client, directly or indirectly, on a permanent, temporary or self employed basis, whether full-time or part-time.

Placement Fee - The fee payable by the Client to ELARA upon the Engagement of a Candidate, calculated in accordance with ELARA's fee scale and based on the agreed Remuneration.

Remuneration - The total financial compensation paid to the Candidate, including salary, bonuses, commissions and other taxable payments, or for the self employed Candidates, the total amount paid to the Candidate.

Replacement Guarantee Period - ELARA's commitment to provide a free replacement or partial refund under specified conditions if the Candidate's Engagement is terminated within eight (8) weeks of their start date.

Search Fee - A non-fundable fee of £250 + VAT charged to the Client at the start of a recruitment search, which will be deducted from the Placement Fee if an Engagement is made.

Pro-rata - A proportionate calculation of fees or Remuneration based on the actual duration of an Engagement relative to a full 12-month period.

VAT - Value Added Tax applied at the prevailing rate to all fees charged by ELARA.

Third Party Introduction - Includes any subsidiaries, affiliate or closely connected parties associated with the Client.

1. Placement Fee Obligation and Notification

The Client agrees to promptly notify ELARA when an offer of Engagement is made to a Candidate introduced of supplied by ELARA and, upon the Candidate’s acceptance of the offer, provide details of the agreed Remuneration along with any supporting documents.

Upon such Engagement, the Client is liable to pay a non-refundable Placement Fee in accordance with ELARA’s fee scale, with VAT charged at the prevailing rate.

ELARA will charge the Client a non-refundable initial search fee of £250 + VAT. However, this amount will be deducted from the Placement Fee if an Engagement occurs. Should the Client decide to suspend the search, a new initial fee will be required to start a fresh search.

Fee Details

Permanent Roles:

The Placement Fee is 20% of the gross Remuneration for the first 12 months of the Engagement within the UK or 22% for roles outside of the UK.

The minimum Placement Fee is £1,500 + VAT

Temporary of Fixed Term Contracts:

The Placement Fee is 22% of the pro-rata gross Remuneration of the contract value, with a minimum fee of £150 + VAT per week.

Should the Engagement become permanent, these fees will be deducted from the permanent Placement Fee.

Fees for temporary Engagements are billed in advance for the entire contract period.

Self Employed Candidate:

If the Client engages a self-employed candidate, the Placement Fees payable will be calculated based on ELARA’s fee scale. The fees will be calculated on the amount paid to the candidate.

Multiple Placements

For multiple Candidate placements, each placement is subject to its own Placement Fee otherwise specified. If a replacement Candidate is requested, the Client will be eligible for one free replacement. If the original Candidate is re-engaged after being replaced, a further Placement Fee will be required in line with ELARA's fee scale.

Replacement Guarantee:

If the Candidate is replaced under the Replacement Guarantee (Clause 6), only one Placement Fee will be charged for filling the same vacancy.

Payment Terms

The Placement Fee becomes payable upon the Candidate’s acceptance of the Client’s offer of Engagement. ELARA will issue an invoice upon acceptance. All fees are payable in full within seven (7) days of the issuance of the invoice by ELARA.

2. Employment Costs Liability

In addition to the Placement Fee, the Client is responsible for all employment costs, including Salary, National Insurance and any PAYE obligations associated with the Candidate’s engagement.

The Salary includes all taxable remuneration such as weighting allowances, guaranteed overtime, commissions, bonuses or similar payments. The Client is not liable for PAYE costs if engaging a self-employed Candidate.

If ELARA and the Client agree, prior to the Engagement, that it will be for a fixed term of less that 12 months, the Placement Fee will be applied on a pro-rata basis. Should the Client extend the Engagement beyond the initial term or re-engage the Candidate within 12 months of the termination of the fixed term, a further Placement Fee will apply based on the additional Remuneration.

However, the total fees payable will not exceed the amount that would have applied if the Candidate had initially been engaged for more than 12 months.

If the original Candidate is re-engaged within 12 months of receiving a replacement, an additional Placement Fee will be due. No further replacements will be provided for re-engagements of this Candidate.

3. Suitability of Candidate

The Client must specify its exact requirements, including the nature of the work, when placing an order for a Candidate with ELARA.

While ELARA will endeavour to ensure the suitability of any Candidate introduced or supplied, it does not guarantee this. The Client is responsible for assessing the Candidates suitability, including taking up any references provided by the Candidate and/or ELARA before Engagement.

The Client is also responsible for obtaining any necessary work permits, arranging medical examinations and verifying qualifications as required by law.

ELARA’s Responsibilities

Though it’s no longer a legal obligation since 1st October 2010, ELARA will follow best practices to:

Take reasonable steps to ensure the Candidate is suitable for the position.
Confirm the placement is not detrimental to either the Client or the Candidate.
Ensure both the Client and the Candidate are aware of any legal or professional requirements.
Verify the Candidate’s willingness to work in the position.
Obtain confirmation of the Candidates identity.

Clients Responsibilities

Despite ELARA’s efforts, the Client must independently verify the Candidates suitability. This includes:

Taking up references from individuals who have agreed to share their feedback and are not relatives of the Candidate.
Checking the Candidate’s right to work and obtaining any required legal permissions.

To facilitate ELARA’s duties, the Client must provide details of the position, including:

The type of work required
The location, working hours and start date
Any necessary experience, training qualifications or authorisations
Known health and safety risks and mitigation steps
The expected duration of the engagement
Minimum and maximum Remuneration, payment intervals and any other benefits
The notice period for termination of employment

4. Confidentiality and Sharing of Information

ELARA is committed to secure data storage, processing and disposal in compliance with GDPR and applicable data protection laws. ELARA agrees to implement appropriate technical and organisational measures to protect personal data against unauthorised access, accidental loss, destruction or damage.

All information provided to the Client by ELARA, including Candidate details, is confidential and must remain so. If the Client shares Candidate information with a third party, and that third party engages the Candidate, the Client will still be liable for the full Placement Fee and the Replacement Guarantee will not apply.

Information relating to the Candidate is confidential and subject to the General Data Protection Regulation (GDPR) 2018. This information is provided solely to facilitate work-finding services and must not be used for any other purposes of disclosed to third parties. The Client agrees to comply with GDPR when receiving and processing this data.

Additionally, any confidential information regarding ELARA’s business must not be disclosed to third parties, expect for information already in the public domain.

5. Payment of Fees for Permanent and Temporary Staff

Placement Fees for Candidates are non-refundable expect for cases under the Replacement Guarantee (Clause 6) where the Client opts for a partial refund instead of a replacement Candidate.

For full-time and permanent staff positions, the Placement Fee is based on the agreed annual salary at the start of the Candidate’s employment, which includes all taxable Remuneration, such as weighting allowance, guaranteed overtime, commission, bonuses or similar payments.

For temporary staff, the Placement Fee is also non-refundable. The Client is responsible for notifying ELARA if a temporary Candidate continues with the Client beyond the originally agreed period, in which case an additional full Placement Fee for a permanent placement will apply. If a temporary becomes permanent, the previously paid temporary fees will be deducted from the permeant fee but the replacement guarantee will not apply.

Where the actual Remuneration is unknown, ELARA will determine a reasonable Remuneration based on market rates, position and any available information to calculate the Placement Fee.

For fixed-term Engagements of less than 12 months, the Placement Fee will be applied pro-rata. If the Engagement is extended or the Candidate is re-engaged with 12 months of termination, an additional fee will apply based on the extended period, subject to a cap of 12 months fees.

If the working hours of a temporary or part-time Candidate increase, the Client must notify ELARA within 7 days. If a temporary role or part-time role becomes permanent or full-time, the Placement Fee will be recalculated on a pro-rata or full-time basis. Previous temporary fees will be deducted from the permanent fee.

All fees are payable in full within seven (7) days of the issuance of an invoice by ELARA.

6. Replacement Guarantee Terms

If the Candidate’s employment is lawfully terminated by either the Client or the Candidate within eight (8) weeks of their start date (the Replacement Guarantee Period), the Client will be eligible for a free replacement or a partial refund, as outlined below. The Replacement Guarantee Period will not be treated as a trial period.

The replacement guarantee applies only if the Candidate's departure is related to job performance or fit and does not apply in cases of layoff, restructuring or any other business conditions unrelated to the Candidate's performance.

The Candidate will be considered employed by the Client until termination in accordance with these terms and conditions. In the event of the above, ELARA will provide one free replacement for permanent positions for up to six (6) months. The Replacement Guarantee and refund policy does not apply to temporary placements.

ELARA will make reasonable efforts to find a suitable replacement at no extra cost, provided the following are met:

Written Notification - The Client must inform ELARA in writing within five (5) days of the Candidate’s termination.
Non Re-Engagement - The Client, or any associated company, must not rehire the Candidate in any capacity within twenty-four (24) months following the termination.
Fair Working Conditions - The Candidate must not have left due to unreasonable or materially different working conditions from those agreed by the Client and ELARA or in the Candidate’s employment contract. The reason for requesting a replacement must be objectively justifiable and it must be reasonable for ELARA to provide a replacement on the original job description.
Fee Payment - The Client must have paid all fees in accordance with ELARA’s fee scale. Failure to comply with ELARA’s payment terms will void the Replacement Guarantee.
Replacement Limit - Only one (1) free replacement will be provided per placement. If additional replacements are required, the Client must pay an additional Placement Fee.
Employer Responsibility - If termination occurs due to mismanagement by the Client or failure to fulfil the Client’s legal responsibilities as an employer, the Replacement Guarantee will not apply.

ELARA will not provide a replacement Candidate if any information provided by the Client is found to be untrue, or if agreed conditions are not met. ELARA reserves the right to terminate its relationship with the Client if the Client breaches any of ELARA's Terms and Conditions.

Refund Policy

In the event that the Client opts against a replacement under the Replacement Guarantee and instead chooses a partial refund, the following terms will apply:

If the Client cancels the engagement within the first 4 weeks of the Replacement Guarantee Period, they will be entitled to a partial refund equivalent to £50% of the original placement fee.

If the Client cancels the Engagement between the 4th and 8th week of the Replacement Guarantee Period, they will be entitled to a refund equivalent to 25% of the original placement fee.

7. Additional Fees and Conditions

For clarity, if the Candidate remains employed by the Client after the expiration of the Replacement Guarantee Period (as defined in clause 6), the Client will be liable for all Employment Costs incurred after the expiry, in addition to the Employment Costs defined in clause 2.

The Client is responsible for paying the Placement Fee and the Employment Costs whether on not the Candidate is replaced under the Replacement Guarantee. If a replacement is made under the Replacement Guarantee, the Client remains liable for the first Candidate’s costs up to the date of the replacement, as well as the equivalent costs for the replacement Candidate.

If the Client cancels a confirmed placement less that five (5) working days before the Candidate’s start date, the full Placement Fee will be charged, and one week’s salary must be paid to the Candidate. If cancellation is due to extenuating circumstances, the Client must provide ELARA with ten (10) working days written notice and ELARA reserves the right to charge the Client 25% of the agreed Placement Fee.

Engagement of Candidates

If a Candidate introduced by ELARA is initially rejected by the Client, or if the Candidate rejects the Client employment offer but is subsequently engaged by the Client at any time, the Client will be required to pay the full Placement Fee.

Confidentiality of Candidate

All Candidate introductions are confidential. If the Client discloses a Candidate’s details to a third party, it will be considered a Third Party Introduction. If the third party engages the Candidate within six (6) months of ELARA’s introduction to the Client, the Client will be liable for payment of the Placement Fee in line with ELARA’s fee scale. No replacement under clause 6 will be offered in the event of a third party introduction.

9. Limitations of Liability

ELARA shall not be liable for any loss or damage, whether direct, indirect, or consequential, arising from the acts or omissions of any Candidate introduced by ELARA, including negligent or fraudulent acts.

ELARA accepts no responsibility for any loss, expense, damage, delay, costs, or compensation incurred by the Client in connection with ELARA’s efforts to seek a Candidate, the introduction or Engagement of a Candidate by the Client or the failure of the Agency to introduce a Candidate.

For the avoidance of doubt, ELARA does not exclude liability for death or personal injury caused by its negligence or for any other liability that cannot be excluded under applicable law.

10. Late Payment Terms

All fees are payable in full within seven (7) days of the issuance of an invoice by ELARA.

ELARA reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on any unpaid amounts from the due date, at a rate of 8% per annum above the Bank of England’s base rate, until payment is received in full.

If payments are overdue, ELARA reserves the right to suspend services or terminate any agreements with the Client. Continued non-payment may also result in collection proceedings, for which the Client will be responsible for all associated costs.

11. Engagement of Candidate Beyond Original Contract

The introduction of a Candidate to a Client by ELARA, whether directly or indirectly, is confidential and applies to the specific Client. If the Client, a member of Client’s staff, or any associate of the Client refers the Candidate to another party within six (6) months of the original introduction, resulting in the engagement of the Candidate, the Client will be liable for a fee in accordance with ELARA’s fee scale.

Fixed Term Engagements

Where ELARA and the Client agree that an Engagement will be for a fixed term of less that twelve (12) months, the Placement Fee will be applied pro-rata.

If the Client extends the Engagement beyond the initial fixed term or re-engages the Candidate within twelve (12) months of the termination of the fixed term, the Client will be liable for an additional Placement Fee based on the extended or subsequent engagement period.

However, total fees paid will not exceed the amount that would have been payable had the Candidate been engaged for a full twelve (12) months.

Changes in Working Hours

Any increases in the working hours of a temporary or part-time Candidate must be notified to ELARA within five (5) working days.

If a temporary or fixed term contract placement transitions to a permanent part-time position (under 40 hours per week), the Client will be liable for a Placement Fee, calculated on a pro-rata basis using ELARA’s permanent roles Placement Fee rates.

If the placement becomes a full time position, the Client will be liable for the full Placement Fee. Any fees previously paid for temporary or fixed-term positions will be deducted from the permanent Placement Fee.

The Client’s obligations under this clause must be fulfilled without any right to set-off, deductions withholdings, or similar claims, expect as specifically permitted in this clause.

Re-Engagement of Candidates

If the original Candidate is re-engaged within twenty-four (24) months of termination after a replacement has been provided, the Client will be liable for an additional Placement Fee in accordance with these terms and conditions. No further replacements will be provided for such re-engagements.

12. Distance Selling Regulations Notice

ELARA hearty notifies the Client through provision of these terms and conditions that;

1. The performance of these services by ELARA commences upon the issuance of these Terms and Conditions to the Client, in accordance with the Consumer Protection (Distance Selling) Regulations 2000 (No.2334) (DSR).

2. As the services have begun and the necessary steps outlined in paragraph 15 of the DSR have been completed, the cancellation rights described in paragraph 10 of the DSR no longer apply.

By Engaging with or interviewing any Candidate introduced by ELARA, you are also deemed to have accepted these Terms and Conditions, even if they are not formally signed.

13. Fee Scale

Initial Search Fee - £250 + VAT

This amount is non-refundable and deduced from the final commission if the placement is made.If the Client chooses to suspend the search, they will be required to pay an additional £250 + VAT to initiate a new search.

Placement Fees

UK Permanent

> 40 weeks - Excluding Maternity Nurses

20% of the gross Remuneration for the first 12 months of the Engagement + VAT

(Minimum Fee of 1,500 + VAT)

Overseas

22% of the gross Remuneration for the first 12 months of the Engagement

For the avoidance of doubt, all payments made for oversees placements must equate to the amount invoiced by ELARA in Great Britain Pounds (GBP).

UK Temporary

> 40 weeks - Excluding Maternity Nurses

22 % of the pro rata gross Remuneration or contract value with minimum fee of £150 + VAT per week

When a temporary placement or fixed-term contract leads to a permanent or full-time position, the client will be responsible for paying the fee calculated on a pro-rata basis, utilising the permanent fee rates.

Maternity Nurses

£150 per calendar week + VAT

14. Termination

By registering with ELARA, the Client waives the right to cancel the contract or request a refund of the initial search fee within 14 days from the date the Client Service Agreement is signed by both parties if an Engagement has been confirmed. This waiver is necessary as the Client has requested an immediate start to the Candidate search.

If no Engagement has been made within the 14 days, the Client retains the right to cancel the Agreement by notifying ELARA in writing and the initial search fee of £250 + VAT will be refunded to the Client.

ELARA shall not be held liable for any failure or delay in performance due to force majeure events, including but not limited to natural disasters, acts of government, pandemics and other events beyond ELARA's reasonable control. ELARA reserves the right to suspend or delay services during any such events without breaching the Terms and Conditions.

15. Governing Law and Jurisdiction

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

16. Acceptance of Terms

By engaging ELARA's services, whether through digital means (including email or ELARA's website) or through written confirmation, the Client accepts and agrees to be bound by these Terms and Conditions. Deemed acceptance will occur upon the Client's first request for services following the issuance of these terms.

Registered Address

Elara Recruitment Ltd

Waterside

1 Station Road

Harpenden

AL5 4US

Company Number - 16030513

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