Terms

UK Companies act 2007

Hutchinson Consultancy Ltd is the registered name of Hutchinson Consultancy.

Reg Number 850418733

VAT Number: 538 4725

Hutchinson Consultancy Ltd web site notices and disclaimers. This web site is owned by Hutchinson Consultancy Ltd.

Except where expressly indicated nothing on this web site constitutes an offer to enter into legal relations, including but not limited to contractual obligations.

While Hutchinson Consultancy Ltd takes care and every precaution to ensure that the information contained on this web site is accurate and up to date at the time of updating which shall be carried out from time to time as Hutchinson Consultancy Ltd sees fit the information on this web site is disclosed "as is" and without any warranty of any kind. H

Hutchinson Consultancy Ltd accepts no responsibility or liability for any loss or damage howsoever caused as a result of any information contained on this web site.

Hutchinson Consultancy Ltd is not responsible for and makes no endorsement or certification as to the integrity or accuracy of the contents of any third party information included on this web site. Hutchinson Consultancy Ltd recommends that you verify such information with these parties directly.

Hutchinson Consultancy Ltd is not responsible for the content of any external sites. Any links to external sites from this one are undertaken at your own risk and without reliance upon any information, representation or certification from Hutchinson Consultancy Ltd, its employees or agents.

References to any product or service which has been or may be provided by Hutchinson Consultancy Ltd or any third party company shall not constitute promises as to the availability of such products or services at any time. Hutchinson Consultancy Ltd reserves the right to make any improvements in and/or changes to products and services described on this web site at any time without notice.

Please note that any personal information you provide may be used by Hutchinson Consultancy Ltd or our agents for the purpose of customer/client Administration as defined by the Data Protection Act 1998. If you do not wish your personal information to be used for this purpose please indicate this by ticking the appropriate box when submitting your details.
Except as indicated Hutchinson Consultancy Ltd or its subsidiaries own the copyright to or valid license in the contents of this web site. All rights are reserved in respect of all trademarks, trade or brand names registered or otherwise, owned or held by Hutchinson Consultancy Ltd and / or its subsidiaries. This site is operated and controlled in the United Kingdom and is governed by English law. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Legal Disclaimer

By accessing Hutchinson Consultancy Ltd World Wide Web pages, you agree to the following terms. Please note that you must not access our pages if you do not agree to all of the terms below in their entirety.

The entire contents of any and all information published on the world wide web by or on behalf of Hutchinson Consultancy Ltd is provided "as is" without warranty of any kind.

Notwithstanding the above and to the fullest extent allowed by law Hutchinson Consultancy Ltd hereby disclaims all warranties and conditions with regard to the contents of this information including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement except where such disclaimers are held to be legally invalid. In no event shall Hutchinson Consultancy Ltd be liable for any special, indirect, incidental, punitive or consequential damages or any other damages whatsoever howsoever arising in connection with any of the information disclosed or available on its world wide web site from time to time, even if Hutchinson Consultancy Ltd has been advised of the possibility of such damages.

The information may contain technical inaccuracies or typographical errors. Changes are made periodically to the information and Hutchinson Consultancy Ltd reserves the right to make any improvements and/or changes to the contents of this site or to any of its products or services described on its World Wide Web pages at any time and without notice.

Reproduction, transfer, distribution or storage of part or all of the contents of Hutchinson Consultancy Ltd World Wide Web pages in any form without the prior written consent of Hutchinson Consultancy Ltd is strictly prohibited. Individual documents in our World Wide Web pages may be subject to additional terms as indicated in those documents.

The contents of this site are protected by copyright and other proprietary rights, which are the property of the Hutchinson Consultancy Ltd and/ or its subsidiaries as owner or authorised licensee and are subject to the following copyright notice. Hutchinson Consultancy Ltd.

All rights reserved.

Our Terms of Business

1. INTRODUCTION

Hutchinson Consultancy, acting as an employment agency, specialises in the recruitment of both permanent and contract personnel. By accepting details or viewing or engaging a Candidate introduced by Hutchinson Consultancy Limited in a position offered by the Client or in any other positions or for a temporary assignment the Client agrees to be bound by the provisions of this Agreement.

 

The following terms and conditions shall be deemed to be incorporated in each Contract (as defined in clause 2d) below. Where these terms and conditions are inconsistent with the express terms of the Contract the terms of the Contract shall prevail.

 

2. DEFINITIONS

 

The words below are agreed to mean as follows:-

 

a) "Hutchinson Consultancy" means Hutchinson Consultancy Limited whose registered office is 175A Purlpit, Atworth, Melksham, Wiltshire SN12 8HG

b) "The Client" means any person, firm, company, government body, charity, association or any other who or which enters into an agreement with Hutchinson Consultancy for the provision of the Service.

c) "This Agreement" means the standard terms and conditions contained herein and which shall include any changes made to the standard terms and conditions or the Contract or both.

d) "The Contract" means any written agreement between Hutchinson Consultancy and the Client for the provision of the Service.

e) "The Service" means the provision by Hutchinson Consultancy to the Client of details in respect of a Candidate for the prospective employment by the Client or a third party through the Client where such details shall include but not be limited to the Candidate's name and/or address and/or telephone number and/or employer's details and/or curriculum vitae.

f) "The Fee" shall be a percentage (as specified below) of the annual starting remuneration package of the Candidate, which shall, for the avoidance of doubt, include all taxable benefits and supplementary allowances:

 

20% of remuneration package up to £24,999 per annum

25% of remuneration package from £25,000 - £29,999 per annum

30% of remuneration package of £30, 000 per annum and above

 

g) "The Candidate" means any individual or other legal entity introduced to the Client by Hutchinson Consultancy for prospective Engagement.

h) "Engagement" means employment whether full or part-time temporary or permanent on a trial period basis or not and either as an employee or otherwise by the Client or by any third party due directly or indirectly to an introduction from the Client of the Candidate during any period of twelve months from the date of the first introduction to the Client.

 

3. ENGAGEMENT & FEE

 

The Client must notify Hutchinson Consultancy immediately of the Candidate's Engagement and provide details of the Candidate's annual starting remuneration package. In the event of the Client failing to provide details of the Candidate's annual starting package within 14 days of being requested to do so by Hutchinson Consultancy then Hutchinson Consultancy reserves the right to calculate the Fee based upon the information provided by the Candidate to Hutchinson Consultancy as being the annual starting remuneration package or in the absence of such information Hutchinson Consultancy reserves the right to base the Fee on the average annual starting remuneration package obtainable by the Candidate in the same industry at the same position and a similar location as that for which the Candidate was Engaged.

The Fee is payable by the Client only on the Candidate's Engagement.

Hutchinson Consultancy shall invoice the Client on or after the Candidate's Engagement.

3.4 The Client shall pay the Fee without deduction or set off within twenty-one days of the date of the invoice.

3.5 In relation to the payment of the Fee time shall be of the essence.

3.6 If the Fee is not paid by the Client pursuant to the terms of this Agreement within seven days of the due date then (without prejudice to Hutchinson Consultancy’s other rights and remedies hereunder) Hutchinson Consultancy reserves the right to charge interest on such sums on a daily basis (as well as after as before any judgment) from the due date to the date of payment (both dates inclusive) at the rate of 2% above the base rate of Lloyds TSB Bank Plc from time to time in force.

 

4. TERMINATION OF ENGAGEMENT

 

4.1 In the event of the Candidate's Engagement being terminated within eight weeks from the date of Engagement for any reason whatsoever except for redundancy and subject to the Client strictly performing the following three express conditions:-

 

a) Payment of the Fee being made by the Client within twenty-one days from the date of the invoice and

Written notification of termination of the Engagement and the reasons for such termination is received by Hutchinson Consultancy from the Client within seven days of the date of termination and

Hutchinson Consultancy are given exclusive opportunity to refill the position within forty-two days then Hutchinson Consultancy shall refund the Fee as follows:-

 

For engagements terminating during or at the end of: Refund

Weeks 1 and 2…………………………………………… 100 per cent

Weeks 3 and 4…………………………………………… 75 per cent

Weeks 5 and 6……………………………………………. 50 per cent

Weeks 7 and 8…………………………………………… 25 per cent

 

 

4.2 In the event of the Fee not being paid by or on the due date and/or the Candidate's Engagement being terminated after the said period and/or at any time due to redundancy and/or the Client not notifying Hutchinson Consultancy of the termination and reasons for such within the specified period and/or Hutchinson Consultancy not being given exclusive opportunity to refill the vacancy during the said period then the Fee is payable by the Client in full and shall not be refunded (if already paid).

 

 

5. NO REPRESENTIONS OR WARRANTIES

 

5.1 The Client has selected the Candidate on its own behalf and at its sole discretion. Hutchinson Consultancy has not been involved in the selection of the Candidate by the Client other than in providing the Client with the Candidate's details. Although Hutchinson Consultancy tries to ensure that the information provided is correct Hutchinson Consultancy cannot accept any responsibility and/or liability whatsoever and gives no warranty or representation as to the correctness or accuracy of the information supplied by Hutchinson Consultancy to the Client.

 

5.2 The Client agrees to satisfy himself as to the accuracy and correctness of the information. The Client further agrees to take up references, obtain work permits/licenses and satisfy any medical requirements or qualifications as required by the Client or by law.

 

6. SUB-CONTRACTORS

 

6.1 Hutchinson Consultancy is entitled to sub-contract the performance of the whole or any part of this agreement with the Client without prior notice to or consent from the Client.

6.2 In this Agreement Hutchinson Consultancy contracts for and on behalf of itself and it's sub-contractors.

6.3 The Client shall not assign, transfer, charge, or make over this Agreement or any part of it's rights or obligation without Hutchinson Consultancy’s prior written consent.

 

7. MISCELLANEOUS

 

7.1 Introductions are strictly confidential. Should a Candidate or his or her details be passed whether directly or indirectly to any third party resulting in an Engagement the Client is liable to pay the Fee in full.

7.2 Should the Candidate introduce any person to the Client known to Hutchinson Consultancy as seeking employment and on Hutchinson Consultancy’s files at any time within twelve months of their introduction to the Client and that said person secures Engagement then the Client is liable to pay the Fee.

7.3 Hutchinson Consultancy cannot accept responsibility for any loss, damage, costs or compensation (whether direct, indirect or consequential) which may be suffered by the Client or for which the Client may become liable arising out of the introduction by Hutchinson Consultancy of the Candidate save that this shall not apply in respect of death or personal injury caused by the negligence of Hutchinson Consultancy.

 

7.4 Amendments and Alterations

This Agreement supersedes all previous agreements, representations or promises and sets out the entire terms agreed between the parties. Any amendment or alterations to this Agreement must be in writing and signed by an authorised signatory of each party.

 

7.5 No Partnership or Employment

This Agreement shall not be deemed to create any partnership or employment relationship between the parties.

 

7.6 Legal Costs

The Client shall, on demand, reimburse Hutchinson Consultancy for all costs and expenses (including legal costs and expenses on a full indemnity basis) of Hutchinson Consultancy in connection with the enforcement of this Agreement.

 

7.7 Notices

Without prejudice to the right to serve notices by any other means any notice served under this Agreement shall be in writing. Any notice which has been sent by first class prepaid post shall be deemed to be received 48 hours thereafter (excluding Saturdays, Sundays and Public Holidays). For the purposes of this Agreement all notices shall be sent to the following address:- Hutchinson Consultancy at its last known principal trading premises. The Client at its last known principal trading premises.

 

7.8 VAT

All sums payable under this Agreement are exclusive of any Value Added Tax which shall be paid in addition to the Fee.

 

7.9 Headings contained in this Agreement are for reference purposes only and shall not be incorporated into the Agreement and shall not be deemed to be any indication of the meaning of the clauses and sub-clauses to which they relate.

 

7.10 In the event that this Agreement cannot be performed or its obligations fulfilled for any reason beyond the reasonable control of either party including such events as war, industrial action, floods, Acts of God, then such non-performance or failure to fulfill its obligations for any reason beyond the reasonable control of the defaulting party for a continuous period of one month will entitle the other party, at its discretion, to terminate the Agreement by notice in writing at the end of that period.

 

7.11 Governing Law

This Agreement shall be subject to the Laws of England and the parties hereto submit to the jurisdiction of the English Courts.