Terms Of Conditions

1. Introduction

These terms and conditions (“Terms”) govern the provision of recruitment services by MC3 Ventures Ltd, trading as Elite Select (“the Company”), to clients and candidates. By engaging with our services, clients and candidates agree to these Terms in full.

The Company operates in accordance with all relevant UK legislation, including:

  • The Employment Agencies Act 1973
  • The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended)
  • The Data Protection Act 2018 and UK GDPR

2. Definitions

  • “Candidate” refers to any individual who seeks or is offered employment through the Company.
  • “Client” refers to any person, company, or entity that engages the Company for recruitment services.
  • “Engagement” includes the employment, engagement, or use of a Candidate introduced by the Company on a permanent or temporary basis, whether under a contract of service or for services, an agency, or on any other basis.
  • “Introduction” refers to the Company’s provision of a Candidate’s details to the Client, which may include a CV or any other form of communication that identifies the Candidate.
  • “Temporary Worker” refers to any individual supplied by the Company to the Client for temporary work.
  • “Services” refers to the recruitment, candidate sourcing, and related services provided by the Company.

3. Scope of Services

The Company provides the following recruitment services:

  • Permanent Placement: Acting as an employment agency, the Company sources candidates for permanent positions within the Client’s organization.
  • Temporary Staffing: Acting as an employment business, the Company supplies Temporary Workers to Clients for short-term or project-based assignments.
  • Executive Search: Specializing in senior and executive-level placements, tailored to the Client’s strategic needs.

The Company agrees to use reasonable care in performing its Services, including vetting and matching candidates to Client requirements, but does not guarantee the suitability of any Candidate.

4. Client Obligations

The Client agrees to:

  • Provide accurate and complete job descriptions, including qualifications, experience, and any other specific requirements for the role.
  • Ensure compliance with all legal obligations, including those relating to health and safety, when employing Candidates or Temporary Workers.
  • Notify the Company immediately upon engagement of a Candidate introduced by the Company, including permanent, temporary, or contract employment.
  • Not pass on details of any Candidate to a third party without the Company’s consent.
  • Pay the Company’s fees and charges in accordance with the agreed terms.

If a Client engages a Candidate introduced by the Company, but does so within twelve (12) months from the date of Introduction without notifying the Company, the Client will be liable for the Company’s fees as if the Candidate had been introduced for a permanent or temporary role.

5. Candidate Obligations

Candidates using the Company’s services agree to:

  • Provide accurate, complete, and truthful information regarding qualifications, experience, and any other material factors.
  • Keep the Company informed of any changes in their status, availability, or contact details.
  • Behave professionally and in good faith during the recruitment process and in any engagements facilitated by the Company.

Candidates acknowledge that they are responsible for ensuring the accuracy of any information provided to prospective employers and for the legality of their employment status in the UK.

6. Fees and Payment Terms

  • Permanent Recruitment: Fees for permanent placements are a percentage of the Candidate’s total annual remuneration package (including salary, bonuses, and benefits) as agreed in writing between the Company and the Client.
  • Temporary Staffing: The fee for Temporary Workers is based on the hourly or daily rate agreed in advance between the Company and the Client. Clients will be invoiced weekly, and payment is due within 14 days of the invoice date.
  • Executive Search: Fees for executive search services will be agreed in advance and are typically paid in three installments: at the initiation of the search, upon presentation of shortlisted candidates, and upon successful placement.

Late payments will incur interest at the rate of 8% per annum above the Bank of England base rate, calculated daily from the due date until full payment is received.

7. Refunds and Replacements

If a Candidate placed in a permanent role leaves or is terminated within 12 weeks of the start date, the Company will either provide a free replacement or offer a pro-rata refund, provided that:

  • The Client has complied with the payment terms.
  • The Client notifies the Company in writing within seven (7) days of the Candidate’s departure.

This refund or replacement guarantee is subject to the Company’s discretion and does not apply if the Candidate is made redundant.

8. Liability

The Company does not accept liability for:

  • Losses incurred by the Client due to the actions or omissions of any Candidate.
  • Any failure by a Candidate to perform to the standards expected by the Client.
  • Any indirect, special, or consequential damages.

While the Company endeavors to ensure that each Candidate is suitably qualified and competent, it is the Client’s responsibility to satisfy themselves as to the suitability of the Candidate for the role and to conduct any required background checks, including work eligibility, criminal records, or reference checks.

9. Confidentiality

Both parties agree to keep confidential any information shared during the recruitment process, including but not limited to personal data, business information, and contract terms.

The Client shall not disclose details of Candidates to third parties without the Company’s prior written consent. Any such unauthorized disclosure resulting in the engagement of a Candidate will render the Client liable for full fees.

10. Data Protection

The Company processes personal data in accordance with the UK GDPR and the Data Protection Act 2018. Personal data is only collected and processed for the purposes of recruitment, and appropriate security measures are in place to safeguard this information.

For more details, please refer to our Privacy Policy, available on our website.

11. Termination of Services

Either party may terminate the provision of services by providing thirty (30) days’ written notice. The Client shall remain liable for any fees or charges incurred up to the termination date.

The Company reserves the right to terminate services immediately if the Client breaches these Terms or becomes insolvent.

12. Force Majeure

The Company shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, or government regulations.

13. Governing Law

These Terms and any disputes arising under them are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes.

For any further information, please contact Elite Select at:
Email: help@eliteselectco.com
Telephone: 020 4578 4183

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