Service Terms & Conditions
Last updated: 6 August 2026
Jobs Surrey Limited is registered in England & Wales under company number to be confirmed, with its registered office at to be confirmed.
These Terms of Business (the “Terms”) set out the basis on which Jobs Surrey Limited provides permanent recruitment services and introduces Candidates to the Client. They form a legally binding contract between the Agency and the Client and take effect in accordance with clause 2. The Client’s attention is drawn in particular to clause 4 (Fees), clause 5 (Payment), clause 6 (Replacement and Rebate), clause 10 (Liability) and clause 13 (Non-Circumvention).
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following words and expressions have the following meanings:
- “Agency” means Jobs Surrey Limited, a company registered in England and Wales, whose registered office is as notified to the Client from time to time (also referred to as “we”, “us” or “our”);
- “Candidate” means any person Introduced by the Agency to the Client for consideration for an Engagement, including any officer, employee or member of such person and any person who applies for a role notified to the Agency by the Client;
- “Client” means the person, firm, company or other entity to which the Agency provides its services, together with any Group Company, subsidiary, associated company, successor or nominee on whose behalf the introduction is used (also referred to as “you” or “your”);
- “Engagement” means the engagement, employment or use of a Candidate by the Client or any third party on a permanent, fixed-term, temporary, contract, consultancy or any other basis, whether under a contract of service or for services, directly or through a limited company, umbrella company, agency, partnership or any other entity;
- “Engagement Date” means the date on which the Candidate commences, or agrees to commence, an Engagement, whichever is the earlier;
- “Group Company” means, in relation to the Client, any holding company or subsidiary of the Client, and any subsidiary of any such holding company, as those terms are defined in section 1159 of the Companies Act 2006;
- “Introduction” means (a) the Client’s receipt, whether orally, in writing or electronically, of a Candidate’s curriculum vitae, application or details from the Agency; or (b) the Agency’s arrangement of an interview or meeting (in person, by telephone or by video) between the Client and a Candidate; or (c) the Client’s interview or Engagement of a Candidate whose identity was first made known to the Client by the Agency, whichever occurs first;
- “Introduction Fee” means the fee payable by the Client to the Agency on an Engagement, calculated in accordance with clause 4;
- “Remuneration” means the total gross annual basic salary and any guaranteed or expected bonuses, commission, allowances, the taxable value of benefits in kind (including any car or car allowance, private medical cover and accommodation) and any other emoluments payable to or receivable by the Candidate in respect of the first twelve (12) months of the Engagement, as more particularly defined in clause 4.
1.2 Clause, schedule and paragraph headings are for convenience only and do not affect the interpretation of these Terms.
1.3 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time, and includes all subordinate legislation made under it.
1.4 Words in the singular include the plural and vice versa, and a reference to one gender includes all genders. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression are illustrative and do not limit the words preceding them.
2. Basis of Contract and Commencement
2.1 These Terms constitute the entire agreement between the Agency and the Client and govern every Introduction and Engagement arising from the Agency’s services. They supersede and exclude any terms put forward by the Client and any prior arrangement, understanding, representation or agreement between the parties relating to their subject matter.
2.2 These Terms are deemed to be accepted by the Client, and become legally binding, on the earlier of (a) the Client’s signature of these Terms; (b) the Client’s request to the Agency to supply the services or to source Candidates; or (c) the Client’s Introduction to, interview of, or Engagement of any Candidate. Any of these acts constitutes unqualified acceptance of these Terms by conduct.
2.3 No variation of these Terms shall be effective unless it is in writing and signed by a director of the Agency. No employee or agent of the Agency has authority to agree any different terms, and any such purported agreement shall be of no effect unless confirmed in writing by a director of the Agency.
2.4 The Agency acts as an employment agency (as defined in the Employment Agencies Act 1973) in respect of the introduction of Candidates for permanent Engagements.
3. The Agency’s Services
3.1 The Agency provides a success-only permanent recruitment service. The Agency will use reasonable endeavours to identify and Introduce suitable Candidates in accordance with the vacancy details provided by the Client, but gives no guarantee that a suitable Candidate will be found, that any Candidate Introduced will accept an Engagement, or that any Engagement will commence or continue.
3.2 The Agency makes no charge, retainer or management fee for registering a vacancy, sourcing, screening or Introducing Candidates, or for the arrangement or attendance of interviews. A fee becomes payable only where an Engagement results, as set out in clause 4.
3.3 The Client shall provide the Agency with full and accurate details of each vacancy, including the nature of the role, the duties, the location, the Remuneration on offer, the hours of work, any qualifications, skills, experience, professional or regulatory requirements, and any information relevant to any health-and-safety or statutory obligations. The Agency relies on the information supplied by the Client, and the Client is responsible for the accuracy and completeness of that information.
3.4 All Candidate details supplied by the Agency are provided in confidence and solely for the purpose of the Client’s consideration of that Candidate for the specific vacancy notified. The Client shall not use those details for any other purpose or pass them to any third party, and shall be liable for a fee in accordance with clause 13 where it does so.
4. Fees
4.1 In consideration of an Introduction leading to an Engagement, the Client shall pay the Agency the Introduction Fee. The Introduction Fee is a percentage of the Candidate’s Remuneration, calculated in accordance with the fee schedule agreed in writing between the parties or, in the absence of a written agreement, at the Agency’s standard rate applicable at the date of Introduction, which shall be notified to the Client on request.
4.2 The Introduction Fee is payable in respect of every Engagement of a Candidate Introduced by the Agency, and is payable whether the Engagement is arranged directly between the Client and the Candidate or indirectly through any other person, and whether the Candidate is engaged in the role originally notified or in any other capacity.
4.3 Remuneration is calculated on the basis of the Candidate’s Engagement package for the first twelve (12) months. Where the actual Remuneration cannot be ascertained, the Agency will calculate the Introduction Fee on the basis of the minimum level of Remuneration for equivalent positions, taking into account the Candidate’s age, experience and the market rate for the role, together with the reasonable value of any benefits in kind.
4.4 Where a Candidate is engaged on a part-time basis or for a fixed term of less than twelve (12) months, the Introduction Fee shall be calculated on the full-time equivalent annual Remuneration, and no reduction shall be made by reason of the reduced hours or shorter term.
4.5 All fees are exclusive of value added tax (VAT), which shall be added to each invoice at the prevailing rate and payable by the Client.
5. Payment Terms
5.1 The Agency shall be entitled to invoice the Client for the Introduction Fee on the earlier of the Candidate’s acceptance of the offer of Engagement and the Engagement Date. Each invoice is payable in full, in cleared funds, within fourteen (14) days of the date of the invoice, to the bank account nominated by the Agency.
5.2 Time for payment is of the essence. The Client shall make payment in full without any deduction, set-off, counterclaim or withholding of any kind, except as required by law.
5.3 If the Client fails to pay any sum due by the due date, then, without prejudice to any other right or remedy available to the Agency, the Agency shall be entitled to (a) charge interest on the overdue amount at the rate and on the basis provided by the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily from the due date until payment, whether before or after judgment; (b) recover the fixed sum and reasonable costs of recovery under that Act; and (c) suspend all further services to the Client until payment has been made in full.
5.4 The Client shall reimburse the Agency, on a full indemnity basis, all costs and expenses (including reasonable legal and debt-recovery costs) incurred by the Agency in recovering any overdue amount from the Client.
5.5 The rendering of an invoice, the offer of a replacement under clause 6, or the existence of any dispute regarding a Candidate’s performance or suitability does not entitle the Client to withhold, reduce or delay payment of the Introduction Fee when due.
6. Replacement and Rebate
6.1 Where a Candidate’s Engagement terminates within a defined guarantee period after the Engagement Date, the Agency will, subject to the conditions in this clause, provide a free replacement search or a rebate of part of the Introduction Fee, as set out in clause 6.2, provided that: (a) the Client has notified the Agency in writing within seven (7) days of the termination; (b) the Client has paid the Introduction Fee in full and observed all of these Terms; (c) the termination did not arise from redundancy, reorganisation, a change in the Client’s requirements, a breach by the Client of the terms of the Engagement, discrimination, or any act or omission of the Client; and (d) the Client gives the Agency the sole and exclusive opportunity to provide a replacement Candidate.
6.2 Any rebate or the length of the guarantee period shall be as agreed in writing between the parties, or, in the absence of written agreement, in accordance with the Agency’s standard scale in force at the date of Introduction. A replacement Candidate is provided in substitution for, and not in addition to, the original Candidate, and no further Introduction Fee is payable for a genuine replacement of a like-for-like role at the same Remuneration.
6.3 No rebate is payable, and no replacement is provided, where the Client re-engages the same Candidate, engages the Candidate in a different role, or where the Client has failed to meet any of the conditions in clause 6.1. Any right to a rebate or replacement is the Client’s sole and exclusive remedy in respect of an early termination of an Engagement.
7. Client Obligations and Suitability
7.1 The Agency endeavours to ensure the suitability of any Candidate Introduced by taking reasonable steps to confirm that the Candidate would be suitable for the vacancy. However, the Client is responsible for satisfying itself as to the suitability of any Candidate and shall, before engaging a Candidate, take up references, verify the Candidate’s identity, qualifications and professional or trade memberships, confirm the Candidate’s legal entitlement to work in the United Kingdom, and obtain any permits, medical clearances, disclosure checks or regulatory approvals required for the role.
7.2 Notwithstanding clause 7.1, the Agency gives no warranty or representation as to the suitability, honesty, capability, character or qualifications of any Candidate, and the Client shall be solely responsible for its decision to offer an Engagement and for the terms of any such Engagement, including compliance with all applicable employment, equality, immigration, health-and-safety and tax legislation.
7.3 The Client shall notify the Agency in writing immediately upon offering an Engagement to any Candidate, and in any event within three (3) working days of the offer being accepted, providing the Agency with the Candidate’s name, the start date and the full details of the Remuneration. This obligation applies whether the Engagement results from the original Introduction or from any subsequent contact between the Client and the Candidate.
8. Confidentiality
8.1 Each party shall keep confidential all information (whether disclosed orally, in writing or electronically) concerning the business, affairs, Candidates, clients, methods, pricing or trade secrets of the other party that is disclosed or obtained in connection with these Terms, and shall use such information only for the purpose of performing its obligations under these Terms.
8.2 The details of every Candidate are confidential to the Agency. The Client shall not, without the Agency’s prior written consent, disclose or pass any Candidate’s details or curriculum vitae to any third party (including any Group Company, associated company or other employer). Where such disclosure results in an Engagement of the Candidate by that third party, the Client shall be liable to the Agency for the Introduction Fee in accordance with clause 13.
8.3 The obligations in this clause do not apply to information that is or becomes publicly available otherwise than through a breach of these Terms, or that a party is required to disclose by law or by any regulatory or governmental authority. This clause survives the termination or expiry of these Terms.
9. Data Protection
9.1 For the purposes of this clause, “Data Protection Legislation” means the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and all applicable laws and regulations relating to the processing of personal data and privacy, in each case as amended, replaced or superseded from time to time.
9.2 Each party shall comply with its respective obligations under the Data Protection Legislation, and each acts as an independent controller in respect of the personal data of Candidates that it processes for its own purposes. Neither party processes such personal data on behalf of the other.
9.3 The Client shall process any Candidate’s personal data supplied by the Agency only for the purpose of assessing that Candidate for the relevant vacancy, shall keep such data secure and confidential, shall not retain it for longer than is necessary for that purpose, and shall not transfer it to any third party or outside the United Kingdom save as permitted by the Data Protection Legislation. The Client shall provide affected Candidates with any privacy information required by law in respect of its own processing.
9.4 Each party shall implement and maintain appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage, and shall notify the other without undue delay on becoming aware of any personal data breach relevant to the other party.
10. Liability and Indemnity
10.1 Nothing in these Terms limits or excludes the Agency’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
10.2 Subject to clause 10.1, the Agency shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of goodwill, loss of anticipated savings, or for any indirect, special or consequential loss, howsoever arising, even if such loss was foreseeable or the Agency had been advised of the possibility of it.
10.3 Subject to clauses 10.1 and 10.2, the entire aggregate liability of the Agency arising under or in connection with these Terms and any Introduction or Engagement, whether in contract, tort or otherwise, shall in no circumstances exceed the amount of the Introduction Fee actually paid by the Client to the Agency in respect of the Engagement giving rise to the claim.
10.4 The Agency shall not be liable for any loss, damage, cost, expense or claim arising from (a) any act, omission, dishonesty, negligence or misconduct of any Candidate, whether before, during or after an Engagement; (b) the Client’s failure to carry out the checks and enquiries referred to in clause 7; or (c) the Client’s decision to engage, or not to engage, any Candidate.
10.5 The Client shall indemnify and keep the Agency indemnified against all liabilities, costs, expenses, damages and losses suffered or incurred by the Agency arising out of or in connection with any breach by the Client of these Terms, any negligent or wrongful act or omission of the Client, or any claim brought by a Candidate or third party in connection with an Engagement.
11. Client Warranties
11.1 The Client warrants that it has full authority to enter into these Terms and that the person accepting them on its behalf is duly authorised to do so and to bind the Client and any Group Company on whose behalf a Candidate is engaged.
11.2 The Client warrants that all information it provides to the Agency in relation to any vacancy is true, accurate and not misleading, and that it will comply with all applicable laws, including the Equality Act 2010, in the recruitment and Engagement of any Candidate.
12. Term and Termination
12.1 These Terms commence on the date of acceptance under clause 2.2 and continue until terminated by either party giving to the other not less than seven (7) days’ written notice, save that termination shall not affect any Introduction made before the effective date of termination, nor any Engagement resulting from such an Introduction, in respect of which the Introduction Fee shall remain payable.
12.2 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect, including clauses 4, 5, 6, 8, 10, 13 and 15.
13. Non-Circumvention and Fees on Indirect Engagements
13.1 The Introduction of a Candidate is confidential to the Client. If, within twelve (12) months of the date of Introduction, the Client (or any Group Company, or any third party to whom the Client has passed the Candidate’s details, whether or not in breach of clause 8) engages the Candidate in any capacity, the Introduction Fee shall be payable in full, whether or not the Agency made any further Introduction and whether or not the Engagement is in the role originally notified.
13.2 The Client shall notify the Agency promptly if it becomes aware that a Candidate has been, or is to be, engaged by any third party to whom the Client has passed the Candidate’s details, and shall be liable for the Introduction Fee in respect of any such Engagement as if the Engagement had been made by the Client itself.
14. Force Majeure
The Agency shall not be in breach of these Terms nor liable for any delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from any event, circumstance or cause beyond its reasonable control.
15. General
15.1 Assignment. The Client shall not assign, transfer, charge, sub-contract or deal in any manner with any of its rights or obligations under these Terms without the prior written consent of the Agency. The Agency may assign or transfer its rights and obligations at any time.
15.2 Entire agreement. These Terms constitute the entire agreement between the parties and supersede all previous agreements, understandings and representations. Each party acknowledges that it has not relied on any statement, representation or warranty that is not set out in these Terms.
15.3 Waiver. No failure or delay by the Agency to exercise any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall any single or partial exercise preclude any further exercise of it.
15.4 Severance. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, or, if such modification is not possible, deleted, without affecting the validity and enforceability of the remaining provisions.
15.5 Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms, save that any Group Company of the Agency may enforce them.
15.6 Notices. Any notice given under these Terms shall be in writing and sent to the party’s registered office or principal place of business, or to such email address as has been notified by that party, and shall be deemed received in accordance with ordinary business practice.
16. Governing Law and Jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Acceptance
These Terms are deemed accepted by conduct as described in clause 2.2 above — a client requesting our services, or introducing, interviewing or engaging a Candidate we have introduced, confirms acceptance of these Terms without a separate signature being required. If you would like a signed copy of these Terms for your own records, please contact us at info@jobssurrey.co.uk.