Protential Resources Terms & Conditions

  1. The organization or individual recruiting will be referred to as the “client”, and the person or persons being submitted by Bluestone Personnel Ltd. (T/A Protential Resources) here in after called “the Company”, to the client for consideration will be referred to as “the candidate”. The work done by the Company for the client in respect of which fees are payable by the client to the Company are for the introduction of a candidate leading to his or her engagement.

    The word “engagement” means, for the avoidance of doubt, the entering into a contractual relationship of employment whether oral or written whether by the client in a personal or corporate capacity as an agent or distributor for presentation of a candidate by the Company to the client for engagement whether or not the client knew of the candidate previously.

  2. The contract between the Company and the client shall be deemed to come into existence immediately on receipt by the client of these Terms and Conditions of Engagement. In the event that a clause or clauses are rendered illegal by operation of law or otherwise then the balance of the agreement will continue to be effective and binding on the parties notwithstanding.

  3. Recruitment Fee – (3 options, depending on which applies):
    1. Contract Arrangement:Where a client takes on a candidate on a contract basis for either a specified or an unspecified period of time.
      • A pay rate and charge rate will be agreed by the client and the company taking into account the job specification.
      • The client will complete the time sheet weekly, sign it and have it signed by the candidate.
      • The candidate will be paid weekly by the Company, on receipt of the completed time sheet.
      Notice Period
      • Where the agency employee works on contract with the client for in excess of 13 weeks’ and when termination applies, the client will be obliged to provide the employer Bluestone with the relevant statutory notice for the agency employee to work out or in the alternative, the equivalent payment in lieu of, notice, where the notice period is not worked.
      Statutory Notice Period
      • The statutory notice period provisions will apply as follows and as set out Under the terms of the Minimum Notice and Terms of Employment Acts, 1973-2001.
      • Less than 13 weeks – No Notice
      • 13 weeks to 2 Years – 1 Weeks’ notice
      • 2 years to 5 Years – 2 Weeks’ notice
      • 5 years to 10 Years – 4 Weeks’ notice

    2. Temp to Perm arrangement:
      Where the company has a candidate placed with a client on a temporary assignment and after a period of time the client wishes to hire the candidate permanently.
      • A permanent fee is applicable on transfer of the candidate to the client’s payroll. Prior to transfer the company and the client will agree this fee. Payment is due upon receipt of invoice.
    3. Permanent Recruitment:
      • Where a candidate is recruited for a permanent position, the Company will charge a percentage fee based on the candidate salary:
      • The fee percentage fee (To be agreed) will be payable 30 days from commencement date thus validating the guarantee.

  4. Guarantee: If a permanent or business arrangement is lawfully terminated within twelve weeks of the commencement date, one free replacement is guaranteed, however, if after a reasonable period of time (30) days the replacement has not been completed a refund will be issued as follows:
    • 1 to 4 weeks 100% refund
    • 5 to 8 weeks 50% refund
    • 9 to 12 weeks 25% refund
    • Over 12 weeks Nil

    This guarantee relates to the candidate’s competence in the position to which they were appointed only. A termination of employment will be reported to the company by the client within 7 days of the termination in order to avail of a refund. Where a candidate leaves employment with a “Client” for reasons relating to terms and conditions of employment other than those agreed with “The Company”, no guarantee or refund will apply. Should the candidate be re-employed by the client in any capacity within 12 months from the date of termination a new fee will become payable as per these terms & conditions. All charges are subject to VAT at the appropriate rate.

  5. Job Specification: The client will give the Company a clear specification of the job in question, the type of suitable candidate that is required together with all educational and experience expectations.

  6. Employment Legislation:Such specifications must be in accordance with employment legislation and the Company reserves the right to refuse to recruit on grounds, which could be seen as discriminatory or otherwise in breach of Employment legislation. The hours of work and the conditions of placement should be clearly specified to the Company prior to recruitment to avoid any misunderstanding with the person recruited.

  7. Safety in the Workplace: The client is responsible for all aspects of ‘health & safety’ as defined in the Safety, Health and Welfare at Work act 2005.

  8. Acceptance: Where the Company finds a suitable candidate and introduces the candidate to the client and the client approves the appointment, the client shall be deemed to have accepted him/her on these Terms and Conditions of Engagement and the appropriate fee will be payable.

  9. Confidentiality: Any information or employment details given by the Company to a client concerning an interviewee or potential candidate shall be confidential and such details shall not be divulged to any third party without the consent of the interviewee/potential candidate and the Company.

  10. References: The Company endeavors to ensure the suitability of a candidate introduced to the client. For reasons of practicality the Company does not personally establish references. It is essential that immediately upon making a job offer the client establish references concerning the candidate’s skills, qualifications and general integrity.

    The client shall be responsible for ensuring that candidate hold such qualifications as are required by law and the company does not underwrite candidate’s suitability and /or qualifications. It is acknowledged by the client that they accept that the Company have used their best endeavors to satisfy themselves as to the competency of the candidate for the purpose required however they will not be responsible for any acts or omissions arising from any lack on the part of the candidate.

  11. Liability: The Company can accept no liability of any kind for any loss or damage to property or for any other loss including without prejudice to the generality of the foregoing loss of profits or any injury to persona arising directly or indirectly from any act or omission of any candidate introduced by the Company even if such act or omission is negligent or dishonest.

  12. Referrals: Where a client either directly or indirectly refers a candidate of the Company to another company or individual resulting in the engagement of that candidate, in whatever capacity, by that company or individual the client so doing will become liable for the full fee payable

  13. Employers & Public Liability Insurance & IndemnityThe client shall be liable for and shall indemnify the Company against:
    1. Any liability, loss, claim or proceeding in respect of any injury or damage whatsoever to any property real or personal insofar as any injury or damage arises out of, or in the course of, or by reason of the provision of services, and provided that such injury or damage is due to any negligence, omission or default of the client his servants or agents (including the operator/candidate) or any sub-contractor his servants or agents.
    2. Any liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to, or disease contracted by or the death of any person arising out of, or in the course of, or caused by the provision of services unless solely due to any act neglect of the Company.

      The client shall take out and maintain public liability insurance and employer’s liability insurance covering any liability, loss, claim or proceedings in respect of the matters referred to in sub-clause 1 (a) (b).