Terms and Conditions
TribePost – Terms & Conditions (T&Cs)
TribePost intends to fill vacancies for employers according to the conditions and requirements set forth below:
Definitions:
In these terms of business “TribePost” is TribePost Limited whose registered office is at 36B Speirs Wharf, Port Dundas, Glasgow, G4 9TG and the “Customer” is any company, partnership, association, firm, public authority or individual who requests recruitment services from TribePost or whom an applicant is introduced.
The following definitions also apply:
“Applicant” refers to any person introduced by TribePost to the customer.
“Recruit” refers to an applicant who is subsequently engaged by the Customer either as an employee or under a Contract of Service or as an agent.
“Remuneration” is deemed to be the Recruit’s annual basic salary together with all taxable emoluments. A company car is deemed to have a value of £5,000 gross per annum. If the Recruit is not engaged as an employee of the Customer, Remuneration is deemed to be made to the Recruit for the services provided for the first year.
Acceptance:
1. The Customer is deemed to have accepted these terms of business if the Customer or any of the Customers employees or representatives either interviews or engages an Applicant or requests TribePost to perform one of its recruitment services.
Customer’s Responsibilities
2. The Customer agrees to inform TribePost in writing of the engagement of an Applicant immediately upon such engagement and shall pay the Fee (as calculated in accordance with Clause 8 of the terms and conditions).
3. Introductions of Applicants by TribePost are confidential. If within six months of the introduction the Customer or one of its employees introduces an Applicant to any third party who subsequently engages the Applicant the Customer will pay the Fee (as calculated in accordance with Clause 9 of these terms and conditions).
4. The Customer shall be responsible for any expenses incurred by Applicants or by TribePost during the interview process whether or not an Applicant is engaged.
5. The Customer shall be responsible for:
(i) Taking up all necessary references and confirming any professional and academic qualifications of the Applicant prior to them commencing work and for obtaining work permits and satisfying any medical requirements.
(ii) Verifying the skills, qualifications, experience, integrity, references and suitability of the applicant prior to them commencing work.
(iii) Verifying the accuracy and completeness of the information referred to at (ii) hereof.
6. TribePost shall bear no responsibility for any loss, damage, expense, delay, loss of profits or liability suffered or incurred by the Customer by any reason of the lack of skills, qualifications, experience, integrity or suitability of the Applicant or by reason of the inaccuracy or incompleteness of the information referred to at Clause 5 (ii) hereof or any references of the Applicant or by reason of the selection of the Applicant by TribePost.
7. The Customer shall be responsible for the cost of psychometric assessment services where applicable.
Fees:
8. The Fee payable to TribePost upon engagement of an Applicant (the “Fee”) is calculated in accordance with the following scale:
Remuneration / Fee:
£nil – £24999 / £999 + VAT
£25000 and above / £1,499 + VAT
The Fee will be invoiced on the day the Recruit commences for the Customer.
Payment:
9. TribePost shall invoice the Customer for all charges mentioned in these terms and conditions as soon as the associated costs have been charged to TribePost.
10. All Fees and charges are subject to Value Added Tax and other applicable Government taxes.
11. The Customer agrees to pay all invoices from TribePost within 14 days of the due date shown on the invoice.
12. In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of our invoice. Failure to make payment within 28 days of the due date may result in the matter being referred to a debt collection agent whose charges will be added to and payable with the invoice debt.
Guarantees & Rebates:
13. If, within three months of engagement, a Recruit either resigns or whose employment is terminated for unsatisfactory performance and the Customer has complied with the terms as to Notification of the Engagement as specified in Clause 11 above, the following shall apply:
a) No additional Fee will be charged if the Customer recruits a replacement Recruit within 28 days of notification of the termination of the agreement or
b) If TribePost is unable to propose further Applicants within the 28 days the Customer will receive a rebate in accordance with the scale set out below:
Period of Employment / Rebate (% of Fee):
Up to 2 weeks / 100%
Up to 4 weeks / 80%
Up to 6 weeks / 60%
Up to 8 Weeks / 40%
Up to 10 weeks / 20%
14. The above guarantee period will also only operate if TribePost receives written advice of the termination of the engagement within seven days.
Liabilities:
15. TribePost shall in no circumstances whatsoever be liable for any injury, loss (whether direct or indirect or consequential), expense, damage, delay or loss of profits suffered or incurred by the Customer or for any liability to third parties of whatever nature suffered or incurred by the Customer arising out of or connected with or caused by any refusal or failure by the Applicant to work or by any breach of contract, negligence, breach of statuary duty, omission, default, wilful or reckless action on the part of the Applicant, save insofar as any personal injury to the Customer or anybody else has been caused by the negligence of TribePost.
16. The Customer shall indemnify TribePost against all claims, demands, actions, proceedings and liabilities of whatever nature brought by any third party against TribePost which arise out of or are connected with or have been caused by in any manner whatsoever by the failure or refusal by the Applicant to work or by the breach of contract or the negligence, breach of statuary duty, omissions, default, wilful or reckless action on the part of the Applicant or by any dishonesty or fraud on the part of the Applicant.
17. The Customer shall arrange appropriate insurance cover in respect of the matters set out in Clauses (15) and (16) above.
18. TribePost shall make all enquiries as are reasonably practicable for the purpose of ascertaining that the Applicant has such qualifications as persons doing work as described in the booking details supplied by the Customer are required by law to have and that the doing of such work by the Applicant would not be in contravention of any requirement or prohibition imposed by law.
19. TribePost gives no warranties as to the Applicants skill, qualifications, experience, general integrity, references or suitability or as to the accuracy or completeness of any information about the Applicant or his skills, qualifications, experience, integrity, references or suitability whether the information is supplied by TribePost or direct by the Applicant.
20. The Customer shall indemnify TribePost against all claims, demands, proceedings and liabilities of whatever nature brought by a third party against TribePost which arise out of or are connected with or have been caused in any manner whatsoever by any information supplied by TribePost as to the skills, qualifications, experience, integrity or suitability of the Applicant or otherwise howsoever arising out of the performance or purported performance of the contract by TribePost whether or not such information be given negligently by the Company, its servants or agents.
Non Solicitation:
21. TribePost agrees not to approach or induce with offers of employment , directly or indirectly, any of the Customers staff it comes into direct contact with in performing its duties under these terms and conditions without the prior written agreement of the Customer.
22. TribePost will not disclose or pass any information concerning the business of the Customer or utilise, other than in connection with the affairs of the Customer for the purpose of these terms and conditions, information on trade or professional secrets of the Customer and TribePost shall procure that its personnel and other employees shall observe these conditions.
Law:
23. The construction and validity and performance of these terms and conditions shall be governed in all respects by the laws of Scotland and the parties hereto submit to the jurisdiction of the Scottish Courts.
Variations:
24. These terms and conditions of business cannot be varied without the written consent of both the Customer and TribePost.
Credit Card Payments:
We do not store credit card details nor do we share customer details with any 3rd parties.