DEFINITIONS 

“Candidate” means the person introduced by Truffle Talent to the client for an engagement including any members of Truffle Talent’s own staff. 

“Client” means the person, firm or corporate body (together with any parent, subsidiary or associated company) to whom the candidate is introduced. The term “Client” will also include any third party to whom the client introduces the candidate. 

“Truffle Talent” means Truffle Talent Ltd. 

“Engagement” means the engagement, employment or use of the candidate by the client on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or any other engagement. 

“Introduction” means the client’s interview of a candidate in person or by telephone, following the client’s instruction to Truffle Talent to search for a candidate; or the passing to the client of a curriculum vitae or other information which identifies the candidate and which leads to an engagement of that candidate by the client. 

“Data Protection Legislation” means all applicable laws and regulations, as amended or updated from time to time, in the United Kingdom relating to data protection, the processing of personal data and privacy, including without limitation,(a) the Data Protection Act 1998; (b) (with effect from 25 May 2018) the General Data Protection Regulation (EU) 2016/679; (c) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications); and (d) any legislation that replaces or converts into United Kingdom law the General Data Protection Regulation (EU) 2016/679, the proposed Regulation on Privacy and Electronic Communications or any other law relating to data protection, the processing of personal data and privacy resulting from the United Kingdom leaving the European Union 

TRUFFLE SEARCH

The Truffle Search fee becomes payable when a candidate Truffle Talent has introduced to the client (or a third party via the client) commences employment. The Truffle Talent fee depends on the starting salary as shown in the table, unless otherwise agreed by a Director of Truffle, and will be applied to the annual starting salary.

RETAINED SEARCH

The search fee is 25% of the annual starting salary, unless otherwise agreed by a Director of Truffle. The fee is payable in three stages, based on the anticipated salary of the candidate. (Should the successful candidate be placed on a higher or lower salary than was originally estimated, the final invoice will be adjusted accordingly). The fee is payable in three stages:

1. Retainer (1/3 of fee): this is non-refundable.
2. Shortlist (1/3 of fee): this stage becomes payable when at least one candidate attends a second interview with the This stage is non-refundable.
3. Placement (1/3 of fee): this final stage is only payable when one of Truffle Talent’s candidates commences employment with the

FIXED TERM ENGAGEMENTS

Where Truffle Talent is asked to supply candidates for a fixed term engagement of less than one year, on the Clients books, the fee charged as follows:

1. Less than 6 months – 50% of the permanent placement fee
2. 6-12 months – the fee will be charged in proportion to the number of months of the engagement, e.g. an 8 month engagement will be charged at 8/12ths of the placement fee.
3. There is no guarantee period for fixed term engagements. There is no guarantee period for a fixed term

INTRODUCTIONS:

1. The information regarding candidates provided by Truffle Talent is given in good faith. It is the same as provided to Truffle Talent by the candidates in the form of CV’s and supporting documents at interview, and is confidential. Refer to Data Protection
2. Truffle Talent accepts no responsibility for any inaccuracies. c) Truffle Talent endeavours to ensure the suitability of any candidate introduced to the
3. Notwithstanding this the client shall satisfy itself as to the suitability of the candidate and shall take up any references provided by the candidate and/or Truffle Talent before engaging such
4. The client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of the
5. The Client must also inform Truffle Talent of the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law (of the country in which the Candidate is engaged to work), or by any professional body, for a Candidate to

NOTIFICATION: The Client agrees to:

1. Notify Truffle Talent immediately of any offer of an engagement which the client makes to the
2. To notify Truffle Talent immediately that its offer of an engagement to the candidate has been accepted and to provide details of the remuneration to Truffle
3. To pay Truffle Talent’s fee within 14 days of the date of the invoice for contract and 30 days for permanent

Candidates must not be approached directly for the duration of the one year introductory clause or employed through a 3^rd party organisation.

DATA PROTECTION

1. Both parties will comply with all applicable requirements of current Data Protection
2. Any information that is shared on behalf of either a Contract Candidate or Permanent Candidate must be viewed as strictly
3. Information must not be shared beyond the recipients without the authorisation in writing of Truffle
4. Information provided must not be shared with any 3^rd party organisation unless authorised by Truffle
5. Truffle Talent will not share any Client information that has been deemed confidential unless authorised by the

GUARANTEE

Truffle Search: in the event of Truffle Talent’s candidate leaving the client during the first 30 days of their employment (including weekends), Truffle Talent will refund 100% of the placement fee or offer a free replacement where appropriate.

This guarantee is only effective if Truffle Talent’s fee has been paid within agreed payment terms and Truffle Talent has been notified in writing of the termination of employment. The refund does not apply in the case of a person being made redundant or in the material, physical or mental disability of the candidate.

OVERDUE ACCOUNTS

Truffle Talent reserves the right to charge interest at the rate of 2% per annum above the base rate of the Bank of England from the due date to the date of payment.

ACCEPTANCE

The arrangement by Truffle Talent of an interview of a candidate introduced by Truffle Talent, or a request by the client to interview a candidate whose details have been communicated verbally or in writing to the client shall be deemed to imply unconditional acceptance of these terms and conditions.

VAT

Where a taxable supply is made to the client for VAT purposes VAT will be chargeable at the appropriate rate for that supply.

RISK ASSESSMENT

The Client confirms that it has performed an appropriate risk assessment of its premises and there are no matters that need to be brought to the attention of Truffle Talent in relation to the introduction of candidates and their employment by the Client.

VARIATION

These terms cannot be varied save in writing by a Director of Truffle Talent.

TRUFFLE FREELANCE PAYMENT TERMS

Payment is due within 14 days of the invoice date for contracts and 30 days for permanent placements. Contract payment terms:

1. Truffle have a 14 day payment term on contract
2. Truffle pay your contractors weekly, and invoice you
3. Truffle charge 20% on freelance with a minimum of £50 per day fee
4. Please make sure to pay invoices in a timely fashion as it’s super important to us as a small Any overdue invoices will incur interest as mentioned in “Overdue accounts”
5. Truffle reserve the right to take contractors off assignments if invoices are not paid in a timely

IR35 ASSESSMENT & LIABILITY

1. IR35 determinations are the responsibility of the
2. An IR35 assessment must be completed for each Contract undertaken by each Candidate
3. Truffle Talent require an IR35 determination through an independently Insured assessment tool on the commencement of each
4. If there is a dispute relating to the determination, Truffle Talent will supply the information outlined by the Contractor and the Client is responsible for further investigation and/or undertaking a further determination
5. Truffle Talent or the Contractor are not liable for any costs arising from the undertaking of an IR35 assessment
6. Truffle Talent will ensure that all Contractors deemed Inside IR35 legislation will make provision to be paid PAYE for the duration of that
7. As fee payers, Truffle hold QDOS IR35 Insurance and will present all information requested to establish a sound determination for each

RIGHT OF SUBSTITUTION

Truffle Talent may provide a substitute where necessary and warrants that such personnel will be adequately skilled and qualified.

NON-MUTUALITY OF OBLIGATIONS

The Client is under no obligation to offer further contracts or services to the Candidate nor is the Candidate under obligation to accept such contracts or services if offered. The Contractor is not obliged to make its services available except for the performance of its obligations under an agreed Assignment. Both parties agree and intend that there be no mutuality of obligations either during or following the agreement.

LIABILITY

Truffle Talent shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by you arising from or in any way connected with Truffle Talent seeking a candidate for you or from the introduction to or engagement of any candidate by you or from the failure of Truffle Talent to introduce any candidate. For the avoidance of doubt, Truffle Talent does not exclude liability for death or personal injury arising from its own negligence.

LAW

These terms are governed by the law of England and are subject to the exclusive jurisdiction of the courts of England.