Terms

Terms of Business

  1. Definitions

1.1 “Agency” refers to Emerald Teaching LTD, registered in company number 16138568.
1.2 “Client” refers to any organization or individual who engages the Agency to provide recruitment services.
1.3 “Candidate” refers to any individual introduced by the Agency to the Client for employment.
1.4 “Engagement” refers to the employment, hire, or use of a Candidate by the Client, whether directly or indirectly.
1.5 “Introduction” refers to the provision of a Candidate’s details to the Client by the Agency.
1.6 “Introductions” refers to all activities undertaken by the Agency to present Candidates to the Client, including but not limited to CV submissions, interviews, and discussions.

1.7 “Assignment” refers to a temporary booking made from the client for an emerald teaching candidate. “Assignment fee” Means the fee payable when Emerald Teaching supplies the Applicant for an assignment.

1.8 “Umbrella” a company who employs applicants on temporary assignments and administers their payroll and invoicing.

1.9”Consultant” refers to an individual who is employed by and represents Emerald Teaching Ltd.

  1. General

2.1 These terms govern the business relationship between the Agency and the Client.
2.2 Any changes to these terms must be agreed upon in writing by both parties.
2.3 The Agency acts as an employment agency in accordance with applicable UK employment legislation.

2.4 The Agency may often use an umbrella company to supply a candidate to a client.

  1. Fees and Payment

3.1 The Client agrees to pay the Agency a fee based on a percentage of the Candidate’s first-year gross annual salary. Introductions of permanent staff will never exceed 20% of the Candidate’s actual annual salary, and the price can be negotiated at the discretion of the consultant’s request.
3.2 Payment terms are 14/30 days from the date of invoice.
3.3 The agency reserves the right to charge interest on any overdue amounts at the rate of 4% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.4 Fees are payable upon Engagement, regardless of whether the Client informs the Agency.
3.5 Temp-to-perm conversions will be subject to a fee if the Candidate is engaged within 16 weeks from the date the Client provides notice that they wish to engage the Candidate on a permanent basis. This period is not applicable for backdating unless agreed in writing.
3.6 If a Client cancels an assignment after 7:30 AM the Client is liable to pay 50% of the daily supply cost to compensate the Candidate.
3.7 If a Client hires a Candidate within 12 weeks of their introduction or last assignment with Emerald Teaching, then our introduction terms may be initiated.

3.8 The Assignment Fee shall be paid by the Client in respect of each day of an Assignment and shall be sufficient to cover the Applicant’s pay and holiday pay, and include Emerald Teaching’s daily margin, the Umbrella’s processing margin and employer’s National Insurance contributions.

  1. Refund and Replacement Policy

4.1 If a Candidate leaves within 8 weeks of Engagement, the Agency may offer a partial refund at its discretion.
4.2 Refunds or replacements will not apply if the Candidate’s departure is due to redundancy or changes in job conditions.

  1. Confidentiality 5.1 All Candidate information provided by the Agency is confidential and should not be shared with third parties without written consent.
    5.2 Any unauthorized disclosure resulting in the employment of a Candidate will incur full fees.
  2. Liability 6.1 The Agency endeavours to provide Candidates of suitable experience and qualifications but does not guarantee suitability.
    6.2 The Agency will carry out the checks required for those working in schools and colleges as set out in the statutory guidance “Keeping children safe in education”
    6.3 The Agency is not liable for any loss, damage, or expense arising from the Engagement of a Candidate.
  3. Termination 7.1 Either party may terminate this agreement with [e.g., 30 days] written notice.
    7.2 Termination does not affect fees due for Candidates previously introduced.
  4. Governing Law 8.1 These terms are governed by the laws of England and Wales.
    8.2 Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.
  5. Acceptance of Terms 9.1 Engagement of a Candidate by the Client constitutes acceptance of these Terms of Business.