Car Dealer Recruitment
These Terms and Conditions govern the provision of recruitment services by Car Dealer Recruitment (“the Company”, “we”, “us”, “our”) to the client (“the Client”, “you”, “your”). By instructing us to provide recruitment services, you agree to be bound by these Terms and Conditions.
1. Definitions
- Candidate: Any individual introduced by Car Dealer Recruitment to the Client, whether directly or indirectly.
- Introduction: The provision of a Candidate’s details to the Client, or any situation where the Client becomes aware of the Candidate through Car Dealer Recruitment.
- OTE (On-Target Earnings): The total anticipated annual remuneration package, including basic salary and guaranteed or reasonably achievable commission/bonus.
- Fee: The introduction fee payable by the Client to Car Dealer Recruitment.
2. Scope of Services
Car Dealer Recruitment provides permanent recruitment services to automotive and motor trade businesses within the United Kingdom. An Introduction is deemed to have taken place once Candidate details are shared with the Client, regardless of the method of communication.
3. Introduction Fee
3.1 The Client agrees to pay an introduction fee equal to 10% of the Candidate’s OTE unless specified otherwise in writing by Car Dealer Recruitment.
3.2 The fee becomes payable immediately upon the Candidate’s acceptance of an offer of employment, whether verbal or written, and regardless of the start date.
3.3 Should the Candidate’s remuneration increase at any time within the first 12 months of employment, Car Dealer Recruitment reserves the right to invoice an additional fee based on the increased OTE.
4. Payment Terms
4.1 All invoices are payable within thirty (30) days of the invoice date.
4.2 Payment must be made in full without deduction, set-off, or counterclaim.
4.3 Late payments may be subject to statutory interest and recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
5. Guarantee and Refund Policy
5.1 Car Dealer Recruitment offers a guarantee on permanent placements, subject to full payment of the invoice within 30 days of the invoice date.
5.2 If the Candidate leaves the Client’s employment for any reason (excluding redundancy or company-wide restructuring) within the first three (3) months of employment, a pro rata refund of the introduction fee will be provided as follows:
- Month 1: 75% refund of the fee
- Month 2: 50% refund of the fee
- Month 3: 25% refund of the fee
5.3 No refund will be due if payment terms have not been complied with in full.
5.4 Refunds will be issued within 30 days of written confirmation of the Candidate’s departure.
6. Client Obligations
6.1 The Client must provide accurate and complete information regarding the role, remuneration, and employment terms.
6.2 The Client agrees to notify Car Dealer Recruitment immediately upon making an offer of employment to a Candidate and upon the Candidate’s acceptance.
7. Confidentiality
All Candidate information provided by Car Dealer Recruitment is confidential and must not be shared with any third party without prior written consent.
8. Liability
Car Dealer Recruitment endeavours to ensure the suitability of Candidates but cannot guarantee performance. The Client is responsible for all final hiring decisions, reference checks, and right-to-work verification.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.
10. Data Protection and GDPR Compliance
10.1 Data Protection Compliance
Car Dealer Recruitment complies with all applicable data protection legislation in force in the United Kingdom, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
10.2 Personal Data Processing
In providing recruitment services, Car Dealer Recruitment will collect, store, process, and share personal data relating to Candidates and, where relevant, Client contacts. Such data will be processed lawfully, fairly, and transparently, and only for legitimate recruitment and employment-related purposes.
10.3 Lawful Basis
Personal data is processed on the lawful bases of consent, contractual necessity, and/or legitimate interests, as appropriate. Candidate data will only be shared with Clients for the purpose of assessing suitability for employment opportunities.
10.4 Client Responsibilities
The Client agrees to:
- Use Candidate personal data solely for recruitment and employment purposes
- Keep all Candidate data secure and confidential
- Comply with all applicable data protection legislation
- Not retain Candidate data for longer than is necessary
10.5 Data Security
Car Dealer Recruitment implements appropriate technical and organisational measures to safeguard personal data against unauthorised access, loss, misuse, or disclosure.
10.6 Data Subject Rights
Candidates and Clients have the right to access, rectify, restrict, or request erasure of their personal data, as well as the right to object to certain processing activities, in accordance with UK GDPR.
10.7 Data Retention
Personal data will only be retained for as long as is necessary for recruitment purposes or as required by law.
10.8 Third Parties
Car Dealer Recruitment may engage trusted third parties (such as IT or compliance providers) to process data on its behalf. Any such third parties will be required to comply with UK GDPR and maintain appropriate security measures.
10.9 Data Breaches
In the event of a personal data breach, Car Dealer Recruitment will take appropriate steps to investigate, mitigate, and report the breach in accordance with UK GDPR requirements.