FinOps Culture Ltd –
Standard Terms of Business

For the supply of recruitment services and/or the provision of contractors

Company Name: FinOps Culture Ltd
Registered Office: Bury Farm, Church End, Kensworth LU6 3RA
Company Number: 16016253

1. Definitions

“Agency” means FinOps Culture Ltd
“Client” means the organisation to whom the Agency provides Recruitment Services or Contractors.
“Candidate” means any individual introduced by the Agency to the Client.
“Contractor” means a temporary worker, consultant, or self-employed individual supplied by the Agency.
“Engagement” means employment or use of a Candidate or Contractor by the Client.
“Introduction” means the provision of a CV or Candidate information to the Client.
“Assignment” means the period during which a Contractor undertakes work for the Client.

2. Scope of Services

FinOps Culture Ltd may provide:

• Permanent recruitment services.

• Temporary/contractor supply services.

• Work-finding services under the Employment Agencies Act 1973 and the Conduct Regulations 2003.

These terms apply to all Introductions, Engagements, and Assignments, unless a separate written agreement is signed.

3. Client Obligations

The Client agrees to:

• Provide accurate job descriptions, pay rates, and required qualifications.

• Notify the Agency immediately upon engaging a Candidate or Contractor.

• Not pass Candidate details to any third party.

• Provide a safe working environment for Contractors.

• Comply with all applicable UK laws, including Health & Safety and the Agency Workers Regulations (AWR 2010).

4. Agency Obligations

The Agency will:

• Use reasonable skill in sourcing suitable Candidates or Contractors.

• Conduct reasonable checks on identity, experience, right-to-work, and suitability.

• Provide Assignment details prior to commencement.

• Pay Contractors where applicable and manage payroll if they are engaged under PAYE.

5. Fees – Permanent Recruitment

If the Client engages a Candidate directly, a placement fee becomes payable.
Fees are based on a percentage of the Candidate’s annual gross remuneration, typically:

• 15–25% of annual salary (insert agreed percentage).

Fees are payable within 14 days of invoice.

5.1 Replacement Guarantee

If the Candidate leaves within 8 weeks (except redundancy or misconduct by Client), the Agency may provide a replacement at no additional cost, subject to invoices being paid on time.

6. Fees – Contractors / Temporary Workers

For contractor supply, the Client shall pay:

• An hourly or daily charge rate, covering Contractor pay plus the Agency’s margin.

• Minimum charges as documented in the Assignment Confirmation.

Invoices are issued weekly and payable within 7 days.

The Client must countersign timesheets or provide digital approval.

7. Transfer Fees

If the Client hires a Contractor directly, engages them through another agency, or introduces them to a third party, a transfer fee becomes payable.
This fee equals either:

• 12 weeks remaining charge value, or

• A permanent placement fee,
  whichever is higher.

8. Introductions & Confidentiality

All Candidate and Contractor Introductions are confidential.
Client must not share profiles with third parties.
Any resulting Engagement within 12 months of Introduction triggers applicable fees.

9. Agency Worker Regulations (AWR 2010)

The Client must:

• Provide accurate comparator information.

• Allow AWR entitlements at the 12-week qualifying period.

• Provide access to collective facilities (e.g., canteen, parking) where required.

10. Health & Safety

The Client is responsible for the day-to-day supervision and safety of Contractors.
The Agency will provide relevant H&S information but is not liable for site conditions.

11. Liability

The Agency is not liable for:

• Losses arising from the actions, omissions, or negligence of Candidates or Contractors.

• Any consequential or indirect loss.

The Agency’s total liability is limited to the total fees paid in the previous 12 months.

12. Payment Terms

• Permanent fees: due within 14 days.

• Contractor fees: due within 7 days.

• Interest of 8% above Bank of England base rate applies to late payments.

13. Termination

Either party may terminate a Contractor Assignment with notice as stated in the Assignment Confirmation, usually 1–2 weeks.
No termination affects fees already accrued.

14. Data Protection

The Agency and Client shall comply with UK GDPR and the Data Protection Act 2018.
Candidate data may be processed for recruitment and contractual purposes only.

15. Governing Law

These Terms are governed by the laws of England & Wales.
Disputes are subject to the exclusive jurisdiction of the English courts.

16. Acceptance of Terms

By requesting or accepting Candidate Introductions, or by engaging any Candidate or Contractor, the Client accepts these Terms of Business.