The terms in this document outline the services Perfect Household Staff Ltd ("the Agency") provides and the associated fees. Please read carefully and seek professional legal advice where required. By requesting the Agency to carry out work or using the information provided, you ("the Client") unconditionally accept these Terms of Business and enter into a legally binding agreement.
1. DEFINITIONS
For clarity, the following terms are defined as used in this agreement:
Agency: the Service provider who is Perfect Household Staff Limited (Company Registration Number: 07197595) trading from 15 Stratton Street, Mayfair, London W1J 8LQ.
Assignment: a temporary supply of a Candidate to the Client to perform services for any period.
Candidate: is an individual introduced by the Agency to the Client for a potential role. Once work commences by the Candidate for the benefit of the Client, they become Staff.
Client: is the individual or organisation requesting recruitment services and hiring a Candidate through the Agency.
Confirmation of Domestic Staff Requirements: A formal written communication (including email) issued by the Agency’s consultant following the discovery call with the Client. This document outlines the agreed job description, role responsibilities, working hours, remuneration, and any other essential requirements for the domestic staff position. This confirmation serves as the basis for candidate sourcing and is integral to the operation of the guarantee and replacement process. Any material amendments to this confirmation after Candidate acceptance may render the guarantee void.
Consumer: an individual acting for purposes wholly or mainly outside that individual's trade, business, craft, or profession.
Deposit: This charge is non-refundable but may be deducted on Engagement, except within any applicable statutory cancellation period, and provided that no CVs have been submitted to the Client by the Agency.
Engagement: means the formal acceptance by a Candidate of an offer of employment or engagement made by the Client, whether the position is permanent, temporary, full-time, part-time, live-in, live-out, or on a self-employed, consultancy, or freelance basis. An Engagement shall be deemed to have occurred when the Candidate confirms acceptance of the role, either verbally or in writing, regardless of the agreed start date or the subsequent commencement of duties.
Guarantee Period: as set out in Clause 5 (start, duration, non‑pausing), linked to the selected package. The Guarantee Period may, at the sole discretion of the Agency and upon written agreement, be extended beyond the initial period stated in the Offer of Engagement. Any extension is subject to an additional charge as set out in Clause 5.1.10
Job Description: is the detailed list of role responsibilities and requirements provided by the Client to guide the recruitment process.
Offer of Engagement: A written communication (including email) from the Agency to the Client setting out packages, fees, assumptions, and validity, incorporating these Terms by reference. Where stated to be an offer, it is capable of acceptance only by (i) the Client's written confirmation of the selected package and acceptance of these Terms, and (ii) cleared payment of the Deposit within seven (7) calendar days; otherwise, it is an invitation to treat.
Permanent Introduction Fee: The fee payable by the Client to the Agency for the successful introduction of a Candidate in a permanent role, calculated as a percentage of the Candidate's gross annual salary, based on the salary agreed in principle between the Client and the Candidate, based on the expected number of hours or days to be worked per annum.
Replacement Request Form: a form the Client agrees to complete in full, within 48 hours of receipt, when requesting a replacement.
Services: are the recruitment activities performed by the Agency, including sourcing, screening, and recommending Candidates based on the Client's specific role requirements.
Staff: refers to any individual performing work on behalf of the Client, who was introduced by the Agency, regardless of whether they are directly employed by the Client.
Suitable Candidate: shall mean a candidate whose experience, qualifications, and availability reasonably align with the original Job Description and who is willing to consider a compensation package reflective of prevailing market conditions.
Where the Client has been advised by the Agency that the offered salary is below market expectations, the Agency's obligation to provide replacement Candidates shall be limited to individuals who may, at their discretion, accept such terms. The Client acknowledges that sourcing suitable candidates under such terms may restrict candidate availability and extend recruitment timelines.
Temporary Introduction Fee: is the fee the Client pays for hiring a Candidate on a temporary basis, charged daily or weekly.
Working Day: any day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
2. DEPOSIT
2.1 The Client agrees that each recruitment project is assessed on a case-by-case basis to ensure that the service is tailored to the specific requirements of the role. Following the Agency's initial consultation and assessment, an email entitled "Offer of Engagement" will be sent to the Client confirming the packages available. This email will set out the Deposit applicable to each package, the corresponding Guarantee Period, and any other terms specific to the engagement.
2.2 The Offer of Engagement will state whether it is an offer capable of acceptance or a quotation/invitation to treat. Where stated to be an offer, acceptance occurs only when the Client both confirms the selected package in writing and pays the applicable Deposit in cleared funds within seven (7) calendar days. If not accepted within that time, the Agency may withdraw or amend the Offer of Engagement at its sole discretion. The Agency may commence recruitment services, including but not limited to advertising the vacancy, screening candidates, or preparing candidate profiles, at any time. The release of any information, documentation, or candidate details to the Client shall be entirely at the discretion of the Agency and may not occur until the Client has confirmed their chosen placement package and the applicable Deposit has been received in cleared funds by the Agency.
2.3 The Client shall confirm their selected placement package and settle the applicable Deposit within seven (7) calendar days of receiving the Offer of Engagement email or the corresponding payment link.
2.4 Should the Client fail to confirm their chosen package and/or settle the Deposit within the stipulated period, the Agency reserves the right, at its sole discretion, either to decline to proceed with the placement altogether or to amend the terms of engagement. In such circumstances, the Agency may proceed under its standard Commission terms of 20% for UK placements and 25% for international placements, with a Guarantee Period of eight (8) weeks applying.
2.5 This charge is specifically intended to cover the Agency's consultation, initial vacancy advertising, and candidate search services.
2.6 Payment of the Deposit shall constitute the Client's unconditional acceptance of these Terms of Business and the specific package set out in the Offer of Engagement (where the Offer of Engagement states it is an offer capable of acceptance).
3. PERMANENT PLACEMENT
3.1 Fees and Payment Terms:
3.1.1 The Permanent Introduction Fee shall become payable by the Client upon the Engagement of a Candidate introduced by the Agency, whether such engagement is direct or indirect.
3.1.2 For each Permanent Placement, the fee payable shall be the greater of
- the applicable percentage of the Candidate’s gross annual salary under Clause 3.1.1, or
- a minimum placement fee of £1,800.00 (one thousand eight hundred pounds) plus VAT.”
3.1.3 Payment of the Permanent Introduction Fee is due within seven (7) calendar days of the invoice date or prior to the Candidate's first day of work, whichever occurs sooner. Payment must be made by bank transfer, unless otherwise agreed in writing.
3.1.4 Payment by Card. The Client may settle deposit invoice via Stripe or other approved payment gateways. The final invoice shall be issued to the Client’s name and address as confirmed in the Offer of Engagement, and this shall be deemed the official billing address for all accounting and correspondence purposes.
3.2 Salary Increases:
3.2.1 If the Candidate's salary increases by 5% or more within the first 12 months of employment, an additional Commission Fee reflecting the highest package offered in the Offer of Engagement is payable within seven days of the invoice date.
3.3 Trial Period:
3.3.1 The Client may request a trial assignment of up to five (5) Working Days per Candidate at a rate of £100.00 + VAT per day, per Candidate (the Trial Fee). Trial days are counted on a per-Candidate basis and include any day on which the Candidate undertakes any work for the Client in whole or in part.
3.3.2 If the trial with any individual Candidate exceeds five (5) Working Days in aggregate (whether continuous or non ‘continuous), the full Permanent Introduction Fee for that Candidate becomes payable immediately upon the sixth day, in addition to the Trial Fees for all trial days worked.
3.3.3 Trial Fees must be agreed in advance and are payable upfront before each trial day/period commences. The Permanent Introduction Fee shall be pre-agreed and becomes immediately payable upon the earlier of (i) the sixth trial day, or (ii) the Client’s engagement of the Candidate on any basis; payment is due upfront and must clear prior to any continued assignment or start date unless otherwise agreed in writing.
3.4 Delayed Payment and Continued Supply:
3.4.1 Trial cap and fee trigger. A trial is limited to five (5) Working Days per Candidate. On the sixth day (whether continuous or aggregate), the Permanent Introduction Fee for that Candidate becomes immediately due and payable.
3.4.2 Continued temporary supply. If the Candidate continues working after day five or while any Placement Invoice remains unpaid, the supply continues on a temporary basis and the Temporary Placement Rate applies for each day worked until payment in full or assignment end. These charges are in addition to, and not in substitution for, the Permanent Introduction Fee once triggered.
3.4.3 No waiver/No setoff. Payment of any Temporary Placement Rate does not waive, reduce, or defer the Permanent Introduction Fee once triggered, and sums due may not be set off against temporary charges.
3.4.4 Subject to the Agency’s prior written consent (which may be granted or withheld in the Agency’s sole discretion), the Client may elect in advance, by written notice given at least 3 Working Days before any permanent engagement or the fifth trial day, to continue an extended hire for the period specified in the Offer of Engagement as an alternative to a transfer/permanent fee. If the Agency does not provide such written consent, or if timely notice is not given, any permanent engagement or exceeding the trial cap will trigger the Permanent Introduction Fee.
3.4.5 Suspension. The Agency may suspend further services or supply while any sum remains overdue, without prejudice to sums already accrued.
(i) If payment is still not received within this extended period, further charges and interest may be applied, as outlined in Clause 9.1.
4. TEMPORARY PLACEMENTS
4.1 Duration and Fees:
4.1.1 Temporary placements are subject to the Temporary Placement Rate of £100.00 + VAT per day or £400.00 + VAT per week, payable in advance unless otherwise agreed in writing. For international placements, a minimal fee of 2,500.00 GBP + VAT shall be payable to the agency on Engagement.
4.1.2 After twelve (12) weeks in the same role, the Agency Workers Regulations 2010 may entitle the worker to certain rights; the Client agrees to cooperate to ensure compliance.
4.2 Transition to Permanent Placement:
If a Candidate initially hired on a temporary basis transition to a permanent position within 12 weeks of starting the temporary role:
4.2.1 The full Temporary Introduction Fees paid will remain and will not be deducted from the Permanent Introduction Fee.
4.2.2 The Permanent Introduction Fee, as outlined in Clause 2.1, shall also apply and must be paid within seven days of the Candidate's acceptance of the permanent role.
4.2.3 If the transition occurs after 12 weeks, the Permanent Introduction Fee will still apply in full, in addition to all Temporary Introduction Fees already paid.
4.2.4 Where required by law, the Client may elect in advance to an extended hire alternative on no less favourable terms than the original Assignment; absent such election, the transfer fee applies on Engagement.
5. GUARANTEE PERIOD
5.1 Replacement Request Workflow and Decision Window
5.1.1 Agency decision. Within fourteen (14) calendar days of receiving a complete Replacement Request Form, the Agency will notify the Client in writing that the request is (i) Approved, or (ii) Declined, with reasons. If Declined, the guarantee ends for that placement. If Approved, sourcing will commence as set out below.
5.2 Duration and Coverage:
5.1.1 The guarantee period shall commence on the date the Candidate formally accepts the job offer, whether verbally or in writing, and will be in accordance with the duration specified in the selected package.
5.1.2 During the guarantee period, the Client shall be entitled to a maximum of two (2) replacements, provided each request is based on the original Confirmation of Domestic Staff Requirements email. Any material changes to the Job Description shall render the guarantee void.
5.1.3 For each replacement request, the Agency will supply up to seven (7) Candidate CVs, contingent on the Client providing feedback on each CV within two (2) working days of receipt to assist in refining the search.
5.1.4 Upon delivery of the seventh (7th) suitable Candidate CV, the guarantee shall be deemed fulfilled and no further CVs will be provided. The Agency will not accept the refusal of a Candidate or a Replacement Candidate on anything other than legitimate grounds.
5.1.5 The Agency shall not be bound by a specific timeframe for sourcing or presenting replacement Candidates and delays due to market conditions (e.g., lack of suitable candidates) are not the fault of the Agency.
5.1.6 The Guarantee Period shall automatically expire at the end of the duration specified in the package selected in the Offer of Engagement, calculated from the Candidate’s acceptance date.
5.1.7 The Agency may offer an extension of the guarantee period at an additional cost.
5.1.8 If the Client is unavailable during the Guarantee Period or replacement process, such time shall not pause or extend the Guarantee Period. The calendar time will continue to run, and this time shall count towards the duration of the Guarantee Period.
5.1.9 In the event that the Agency has made reasonable efforts to provide replacement Candidates during the Guarantee Period, but no suitable Candidate is found due to market limitations, the replacement obligation shall be deemed fulfilled.
5.1.10 Subject to the Agency’s prior written approval and at its sole discretion, the Guarantee Period may be extended by one or more additional calendar months. Each additional month, or part thereof, shall be subject to an extension fee equal to twenty-five percent (25%) of the Candidate’s monthly gross salary.
5.2 Constructive Feedback Requirements must:
5.2.1 Be specific and actionable, detailing areas where the Candidate's performance does or does not meet the expectations outlined in the original Job Description.
5.2.2 Include examples of observed behaviours or outcomes that illustrate any concern (e.g., missed deadlines, failure to follow instructions, or lack of required skills).
5.2.3 Clearly state expectations for improvement, such as timelines or measurable objectives, and be communicated in a professional manner.
5.2.4 Be provided in writing and shared with the Agency within 48 hours of identifying the issue, ensuring transparency and allowing the Agency to support resolution efforts.
6. REPLACEMENT CONDITIONS
6.1 Conditions Under Which the Guarantee Is Void or Deemed Fulfilled:
6.1.1 The Client shall forfeit their right to a replacement and the guarantee shall be considered fulfilled under the following circumstances:
a) If the original Job Description is changed in any material way including duties, working hours, salary, benefits, location, or place of work after the Candidate's acceptance of the offer.
b) The Client failed to submit a signed copy of the Candidate's employment or service contract to the Agency within 48 hours of the Candidate's start date. Failure to do so shall render the guarantee void.
c) In the event the Client wishes to request a replacement under the guarantee, a completed Replacement Request Form must be submitted in full to the Agency after formal notice has been given to the Candidate, and prior to the commencement of any replacement search. Failure to submit the form, or to issue formal notice, may result in a delay or refusal of replacement, at the Agency's sole discretion.
d) If the Client does not give the Candidate a fair opportunity to improve before requesting a replacement for performance issues.
e) If the Client seeks to renegotiate terms such as discounts or extended guarantee period after the Candidate has accepted an offer.
f) If the Client does not respond to each submitted Candidate CV within two (2) working days during the replacement process.
g) If the Client hires another Candidate for the same role through a different agency, job board, or referral while the guarantee is in effect.
h) If the Client fails to cooperate fully and in good faith with the replacement process including, but not limited to, failing to provide timely feedback, delaying interviews, or not returning required documentation the guarantee shall be immediately void without refund. The Agency shall be the sole arbiter of what constitutes sufficient cooperation.
i) The Client acknowledges that refusal to adjust compensation to meet market rates after being advised by the Agency may affect the ability to fulfil the replacement guarantee.
j) If, after making reasonable efforts during the Guarantee Period, the Agency is unable to provide suitable replacement Candidates due to market limitations, the Agency's obligation to provide a replacement shall be deemed fulfilled. The Client acknowledges that replacement is subject to availability and suitability of Candidates, and not guaranteed regardless of effort.
k) If the Client materially breaches other obligations in the Terms of Business, including timely payment of fees, failure to provide timely feedback or misuse of personal data the guarantee shall be immediately voided without refund and the Agency shall have no further obligation to provide replacement Candidates.
6.2 A replacement shall be provided if the Candidate exits the Engagement due to serious breaches or misconduct, as defined in the contract between the Client and the Candidate, including but not limited to:
a) Voluntary resignation, provided it is not related to alterations in the original Job Description.
b) Failure to fulfil the contractual duties, rendering the Candidate wholly unsuitable.
c) Persistent violations of the agreed work schedule as stipulated in the contract.
d) Being under the influence of intoxicants during work hours.
e) Acts of gross misconduct, including but not limited to theft, dishonesty, or other serious breaches of conduct.
6.3 Replacements will only be considered where the Candidate has been given their contractual notice in writing and completed such notice period, unless exceptional circumstances apply and at the sole discretion of the Agency.
7. CLIENT OBLIGATIONS
7.1 The Client agrees to:
a) Provide accurate Job Description and Candidate remuneration details to the Agency.
b) Notify the Agency of all changes to the engagement or Candidate's terms.
c) Be responsible for obtaining all necessary permits, certificates, and legal documentation prior to the Candidate commencing work for the Client. This includes, but is not limited to, verifying the Candidate's legal right to work in the United Kingdom in accordance with the Immigration, Asylum and Nationality Act 2006, and, where applicable, obtaining an appropriate Disclosure and Barring Service (DBS) check under the Safeguarding Vulnerable Groups Act 2006 and the Police Act 1997. The Client must ensure compliance with any other legal requirements relevant to the specific duties of the role.
d) Provide constructive feedback on Candidates supplied by the Agency within 48 hours of request.
e) Adhere to non-discriminatory practices throughout the recruitment process, ensuring equal treatment of all candidates, in full compliance with the Equality Act 2010.
f) Ensure that all fees are paid in accordance with the agreed payment terms as outlined in Clause 9 of these Terms of Business.
g) Should the key terms of the vacancy change during the recruitment process including salary, duties, hours, location, or living arrangements the Agency reserves the right to request an additional deposit to reflect the further work undertaken.
h) The Client is solely responsible for employing the Candidate in accordance with all applicable legislation, including but not limited to ensuring that the Candidate is paid the contractually agreed salary (not less than the National Minimum Wage), and that all deductions required by tax and employment law are made and paid. The Client must register as an employer with HMRC, operate PAYE and NIC as required, and comply with all payroll, reporting, and employer obligations set by HMRC. The Client further undertakes to honour all remuneration, benefits, and terms specified in the Offer of Engagement and/or employment contract. Failure to do so may constitute a material breach of these Terms and may result in forfeiture of guarantee or replacement rights.
i) Where the Candidate is engaged on a self-employed or contractual basis, the Client is responsible for determining the correct employment status under applicable law (including IR35, where relevant), and for fulfilling all associated tax and compliance obligations.
7.2 The Client acknowledges and accepts full responsibility for any decision to terminate the employment of a Candidate. The Agency is not a party to any employment contract and shall not be responsible for issuing notice or terminating any engagement.
8. AGENCY OBLIGATIONS
8.1 The Agency agrees to:
a) Use reasonable care and skill to supply the Service.
b) Perform the Service to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
c) Take all reasonable steps to introduce Candidates who are honest, reliable, and of good character, and endeavour to obtain references where practicable. However, the Agency shall not be held liable for the conduct of Candidates or Staff.
d) Use reasonable endeavours to provide requested Services and locate Candidates for the Clients in accordance with Client's requirements, to make an introduction and to arrange interviews.
e) Use all reasonable endeavours to complete its obligations under this Agreement, but time will not be of the essence in the performance of these obligations.
8.2 Advertising Duration and Removal
8.2.1 The Agency reserves the right to remove or suspend advertising at any time and at its sole discretion.
8.3 Communications Channels
8.3.1 The Agency may communicate with the Client via email, telephone, and approved messaging platforms (including WhatsApp) subject to Clause 18 (Data Protection). The Client will ensure that contact details provided are authorized for business communications.
8.4 Agency Authority. The Client expressly authorises the Agency to act as its representative and agent for the purpose of introducing Candidates, transmitting offers, confirming availability, and negotiating provisional terms of engagement. Any introduction effected by the Agency that results in the engagement, acceptance, or employment of a Candidate, whether directly or indirectly, shall render the applicable Introduction Fee payable in accordance with these Terms.
8.5 The Agency shall be entitled to rely upon all communications, instructions, or representations made by the Client or any authorised representative through telephone, email, messaging platform, or other approved mediums as genuine and binding expressions of the Client’s intention. Such communications shall constitute conclusive evidence of the Client’s authorisation and shall be binding for all matters relating to Candidate introductions, offers, and engagements.
9. FEES AND PAYMENT TERMS
9.1 Fee Schedule:
a) All fees are exclusive of VAT and payable in pounds sterling only. VAT is added to the recruitment fee and to any relevant expenses at the applicable rate. Permanent Introduction Fees are due within seven days of the invoice date or the Candidate's first day of work, whichever comes first.
b) The Service is deemed complete when a Candidate introduced by the Agency accepts the Client's job offer verbally or in writing (in any form). The Client agrees that the Agency's obligations are fulfilled upon such acceptance, and all applicable fees become due, regardless of whether the Candidate subsequently begins employment or not.
c) Late Payment: If any invoice is not paid by the due date, interest shall accrue on the overdue amount from the due date until payment in full at 8% per annum above the Bank of England base rate, together with fixed-sum compensation and reasonable recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
d) The Agency does not provide refunds for services rendered, and Deposit Fees remain payable irrespective of whether the placement has been completed.
e) Where a Candidate has been offered and has accepted an engagement, whether on a temporary or permanent basis, the initial placement service shall be considered fully rendered, and the full Introduction Fee shall be payable. This applies irrespective of any subsequent intention expressed by the Client to terminate the Agreement.
f) Consumer Cooling-off (where applicable): Where the Client is a Consumer and this is a distance/off-premises contract within the Consumer Contracts Regulations 2013, the Client has a 14-day cancellation right from contract formation unless services commence on the Client's express request, in which case reasonable charges are payable and the right to cancel is lost once services are fully performed. For business Clients, no statutory cooling-off applies. If the Agency has submitted suitable Candidate CVs for the Client's consideration during any cooling-off period, by requesting services and/or accepting CVs, the Client waives their right to cancel.
g) Separately, upon submission of a valid Replacement Request Form, the Agency shall have up to 14 calendar days to assess whether the request qualifies under the terms of the Guarantee Period. This period is used to evaluate the circumstances, gather documentation, and confirm the validity of the request. During this time, the Agency may begin sourcing candidates, but the submission of CVs shall not be interpreted as confirmation that the guarantee is being exercised.
h) Any Guarantee Period extension authorised under Clause 5.1.10 shall incur a fee equal to twenty-five percent (25%) of the Candidate’s monthly gross salary per additional calendar month or part thereof, payable in advance and non-refundable.
9.2 Cancellation Fees:
9.2.1 If the Client cancels a scheduled trial or temporary placement with less than 24 hours' notice, except for valid reasons such as illness or emergency, the Client shall pay the agreed Temporary Introduction Fee to the Agency and the wages for the scheduled trial hours to the Candidate.
9.3 Unreported Engagements:
9.3.1 If a Candidate is hired within 52 weeks of their introduction without notification to the Agency by the Client, the Client agrees to pay an Introduction Fee at the Agency's standard schedule (not less than 22% and up to 30% of the Candidate's annual gross salary) as a reasonable pre-estimate of loss.
9.4 Debt Collection Fees
9.4.1 In the event that payment is not received by the Agency in accordance with the agreed terms and the Agency is forced to engage a debt collection service, the Client unconditionally agrees to be responsible for all reasonable debt collection, administrative, legal and recovery costs incurred. These fees will be added to the total amount due and must be settled in full, in addition to statutory interest and fixed-sum compensation.
10. LIABILITY AND INDEMNITY
10.1 Limitation of Liability:
a) The Agency relies on information provided by the candidates, and the candidates are responsible for its accuracy.
b) The Agency shall check references, DBS Certificates, right to work and other documentation where reasonably possible.
c) Clients choose Candidates based on their own interviews, making the client solely responsible for the final hiring decision.
d) Except in the case of death or personal injury caused by the Agency's negligence, fraud, or as expressly stated in this Agreement, the Agency shall not be liable for the actions, omissions, or conduct of the Candidate during trial periods or after engagement by the Client.
e) The Client acknowledges that once a Candidate is engaged, whether as an employee or on a self-employed (contractual) basis, the Candidate is under the direction, supervision, and control of the Client. Accordingly, the Client assumes full responsibility for the Candidate, including but not limited to ensuring compliance with all applicable employment, tax, insurance, health and safety, and immigration laws.
f) The Agency shall not be liable for any loss, damage, costs or expenses incurred by the Client arising from the introduction or engagement of a Candidate, including but not limited to any indirect, consequential, or financial losses.
g) The Agency's total liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in all circumstances be limited to the amount of the Introduction Fee paid by the Client in respect of the relevant Candidate, except for liability that cannot be excluded by law.
h) Additional vetting services (such as in-depth background checks) may be offered upon request and will incur an additional fee.
10.2 Representations, Warranties, and Implied Terms:
a) Except in the case of the Agency's negligence, fraud, or liability that cannot be excluded by law, the Agency does not accept any liability for loss, damage, or claims arising from any representations, warranties, or implied terms unless such representations or warranties are expressly outlined in this Agreement.
b) Except in the case of the Agency's negligence, fraud, or liability that cannot be excluded by law, no liability will be accepted by the Agency for any loss or damage resulting from any implied terms under law, unless stated within this Agreement.
c) Except in the case of the Agency's negligence, fraud, or liability that cannot be excluded by law, the Agency shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Client.
10.3 Agency's Negligence and Responsibilities
The Agency's liability for negligence shall be limited to situations where it fails to exercise reasonable care and skill in the recruitment process. This includes, but is not limited to:
a) Background Checks: The Agency will conduct background checks on Candidates where reasonably possible.
b) Candidate Qualifications: The Agency will take reasonable care to check that the qualifications and experience of the Candidate are accurately presented to the Client.
c) Compliance with Employment Laws: The Agency will ensure that its recruitment processes comply with all applicable employment laws and regulations.
d) During Trials: The Agency will use reasonable care in coordinating and monitoring Candidate trials, ensuring that the process is fair and in line with agreed expectations. However, the Agency shall not be liable for any actions or outcomes arising from the Candidate's performance during the trial period, provided the trial was conducted in good faith and with due diligence.
e) The Agency shall not be held liable for any loss, damage, misconduct, or omissions arising from actions taken by the Candidate post-placement or during the trial period that are beyond the Agency's control.
11. CONFIDENTIALITY
11.1 Both parties agree to:
a) Keep all information regarding Candidates, the Client, and the Agency confidential for two years after termination of this agreement.
b) Use confidential information solely for fulfilling obligations under this agreement unless required disclosures by law.
12. RIGHTS OF THIRD PARTIES
12.1 This agreement does not confer any rights on any person or entity not a party to this agreement under the Contracts (Rights of Third Parties) Act 1999.
12.2 No third party shall have the right to enforce any of its terms, save as expressly stated herein.
13. NOTICES
13.1 Any notice required under this agreement shall be in writing and may be delivered:
a) By hand, with proof of delivery.
b) By pre-paid post to the address specified by the receiving party.
c) By email to the designated email address of the receiving party.
Operational communications (such as scheduling, confirmations, updates) may be conducted via WhatsApp or other agreed platforms; legal notices must be sent by the methods in this Clause.
13.2 Notices sent:
a) By hand or email shall be deemed received on the same working day.
b) By pre-paid post shall be deemed received within three working days of posting.
14. WAIVER
14.1 Failure by either party to enforce any provision of this agreement shall not constitute a waiver of any rights under it.
14.2 A waiver of any provision or breach of this agreement shall not constitute a waiver of any other provision or breach, and no waiver shall be effective unless made in writing and signed by the waiving party.
15. FORCE MAJEURE
15.1 Neither party shall be held liable for failure to perform its obligations under this agreement due to events beyond its reasonable control, including but not limited to:
a) Natural disasters.
b) Acts of terrorism or war.
c) Governmental actions or regulations.
d) Strikes or labour disputes.
e) Pandemic or epidemic.
15.2 In the event of a Force Majeure occurrence:
a) The affected party shall promptly notify the other party in writing, detailing the nature and expected duration of the event.
b) Both parties shall work in good faith to mitigate the impact on the agreement.
16. TERMINATION AND VARIATION
16.1 This agreement may be terminated by either party:
a) If the other party breaches its obligations under this agreement and fails to remedy the breach within 14 days of receiving notice.
b) If the other party becomes insolvent or enters liquidation.
c) If a Force Majeure event prevents service delivery for more than 30 days.
16.2 Any variation to these Terms of Business must be agreed upon in writing and signed by authorised representatives of both parties.
17. GOVERNING LAW AND JURISDICTION
17.1 Dispute Resolution
In the event of a dispute arising from this agreement, both parties agree to first attempt resolution through mediation with a mutually agreed upon mediator.
17.2 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Subject to Clause 17.1, the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute, claim, or issue arising out of or in connection with this Agreement, its formation, or subject matter, including any non-contractual disputes or claims.
18. DATA PROTECTION AND GDPR COMPLIANCE
18.1 Compliance with GDPR
The Agency is committed to complying with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. All personal data provided by the Client and Candidates will be handled lawfully, fairly, and transparently in accordance with these regulations.
18.2 Full GDPR Policy
The Agency's full GDPR and data protection policy can be accessed at https://perfecthouseholdstaff.co.uk/privacy-policy. By entering into this agreement, the Client confirms that they have read, understood, and agree to the terms outlined in the policy.
18.3 Client Obligations
The Client agrees to use any personal data provided by the Agency, such as Candidate CVs, references, or other sensitive information, solely for evaluating and engaging the Candidate. The Client must not share this information with third parties without prior written consent from the Agency.
18.4 Data Breaches and Indemnity
In the unlikely event of a data breach, the Agency will notify affected parties and relevant authorities as required by GDPR. The Client agrees to indemnify the Agency against any claims, fines, or penalties arising from the misuse or mishandling of personal data provided by the Agency to the Client.
18.5 WhatsApp and Messaging Platforms
(a) Lawful basis and scope. The Agency may use WhatsApp Business or similar messaging platforms to manage recruitment communications (e.g., interview scheduling, confirmations, updates) with the Client's representatives. The lawful basis is performance of the contract and/or legitimate interests in efficient service delivery; where required, consent will be obtained for specific messaging.
(b) Transparency and optout. The Client consents to the Agency using the mobile numbers and messaging IDs provided by the Client solely for recruitment communications. The Client may opt out of WhatsApp communications at any time by written notice; core legal notices must still follow Clause 13.
(c) Security and minimisation. The Agency will limit content shared by WhatsApp to necessary operational information and will not send special category data or full sensitive documentation via WhatsApp; documents containing personal data will be shared via secure email or portals. The Client agrees not to forward Candidate data shared via WhatsApp to unauthorised recipients.
(d) International transfers. WhatsApp data may involve international transfers; the Agency will implement appropriate safeguards consistent with UK GDPR (e.g., SCCs/IDTA where applicable).
19. INTELLECTUAL PROPERTY RIGHTS
19.1 Ownership of Materials:
a) All materials, documents, and content provided by the Agency to the Client, including but not limited to job descriptions, candidate profiles, recruitment plans, assessments, reports, and any other materials created during the recruitment process, remain the intellectual property of the Agency.
b) The Agency grants the Client a non-exclusive, non-transferable licence to use these materials solely for the purpose of recruiting candidates for the specified position. The Client may not distribute, modify, or create derivative works based on these materials without prior written consent from the Agency.
19.2 Job Descriptions and Documentation:
a) The job descriptions, role specifications, and any supporting documentation created by the Agency are considered proprietary to the Agency. The Agency retains sole discretion over the content of the job description, and any modifications or updates made by the Agency remain the intellectual property of the Agency.
19.3 Candidate Profiles:
a) All candidate profiles and CVs shared with the Client are the property of the Agency. The Client may not share, distribute, or reuse candidate profiles for any purpose other than considering the candidate for employment in the position for which they were submitted.
b) In the event of a successful placement, the Agency retains ownership over the initial candidate profiles, but the Client may use the information within the profile to support their employment decisions for the duration of the candidate's engagement.
19.4 Confidentiality of Intellectual Property:
a) The Client agrees not to disclose or share the Agency's intellectual property, including but not limited to job descriptions, Candidate profiles, Candidate CVs or any other materials, to third parties without the prior written consent of the Agency, except to its advisers and as required by law.
b) If the Client breaches this clause, the Agency reserves the right to seek appropriate legal remedies, including but not limited to injunctive relief and damages for any loss incurred due to the unauthorised use or disclosure of the Agency's intellectual property.
c) Unless expressly agreed upon in writing, the Agency does not transfer any intellectual property rights to the Client. All rights to any content, documents, or materials remain with the Agency, even after the completion of the recruitment process.
20. REFUND AND COMPLAINTS
20.1 In the event that the Client is dissatisfied with the service received and wishes to request a refund or raise a formal complaint, the Client is required to follow the Agency's designated procedure outlined on our website.
20.2 The Client may initiate either of the following processes:
Option 1: Submit a Complaint
To submit a complaint for formal review, please visit: Complaint Form
This will allow the Client to provide detailed feedback, including any supporting documents, for internal investigation and response
Option 2: Request a Refund
To initiate a refund request, please visit: Refund Form
This form will guide you through a series of questions to help us assess your eligibility under the refund policy.
20.3 Submitting a complaint or refund request does not constitute an automatic entitlement to a refund. Each submission will be reviewed individually, in accordance with the Agency's terms, policies, and discretion.
20.4 Refunds are not available in the following circumstances:
a) Where any applicable statutory cancellation period has passed and/or the Client has received a selection of Candidates.
b) Where the job description was not adjusted in line with reasonable recommendations made by the Agency;
c) Where the Client has materially altered the role after candidate introductions or caused reputational damage due to misrepresentation of the vacancy.
21. ACKNOWLEDGEMENT AND ACCEPTANCE
21.1 By making any payment of the Deposit or any other fees under this agreement, you unconditionally accept and confirm that:
a) You have the legal right to enter into this agreement.
b) You have had the opportunity to seek professional legal advice.
c) You have read, understood, and accepted these Terms of Business in full.
21.2 By instructing the Agency to commence services during any applicable cooling-off period, and/or accepting any Candidate CVs, and/or making any payment under this agreement, the Client explicitly waives any applicable right to cancel under the Consumer Contracts Regulations 2013.
22. INTERPRETATION
22.1 Headings are for convenience only and do not affect interpretation of this Agreement. In case of conflict, the accepted Offer of Engagement, these Terms, and any applicable schedules will be read together; specific terms override general terms only where expressly stated.
