Terms of Business

1. Introduction

These Terms of Business ("Terms") govern the relationship between Chelmark Staffing ("Agency," "we," "us," "our") and candidates, employers, and users of our website ("you," "your"). By using our services, website, or applying for positions through Chelmark Staffing, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use our services. We reserve the right to modify these Terms at any time, with changes effective upon posting to our website.

2. Services Provided

2.1 For Candidates

Chelmark Staffing provides recruitment and staffing services to help candidates find employment opportunities in the following sectors: Care, Education, Facilities Management, Security, and Hospitality. Our services include:

• Job matching and placement services
• Career guidance and support
• Background check coordination
• Ongoing support during employment

2.2 For Employers

We provide staffing solutions including:

• Candidate sourcing and screening
• Temporary and permanent placements
• Compliance and vetting services
• Payroll and administrative support

3. Candidate Terms

3.1 Application and Registration

By submitting a job application or registering with Chelmark Staffing, you confirm that:

• All information provided is accurate and truthful
• You are legally entitled to work in the United Kingdom
• You have the right to work in the sectors for which you are applying
• You consent to background checks and reference verification

3.2 Eligibility and Compliance

You must comply with all applicable laws and regulations, including:

• Providing valid proof of identity and right to work
• Obtaining necessary certifications and qualifications for your sector
• Undergoing DBS checks where required (Care, Security, Education sectors)
• Maintaining professional standards and conduct

3.3 Placement Terms

Upon placement with an employer:

• You will be employed directly by the employer or through our managed service
• You must comply with the employer's policies and procedures
• You are responsible for your conduct and performance
• Payment terms are determined by your employment agreement

3.4 Fees and Charges

Our services are typically free for candidates. However, some premium services may incur fees, which will be clearly communicated before you incur any charges.

4. Employer Terms

4.1 Engagement of Services

By engaging Chelmark Staffing for recruitment services, you agree to:

• Provide accurate job specifications and requirements
• Comply with all employment law and anti-discrimination regulations
• Provide safe working conditions and comply with health and safety regulations
• Pay invoices within agreed payment terms (typically 30 days)

4.2 Placement Guarantee

We endeavor to provide suitable candidates for your requirements. However, we do not guarantee placement or suitability of candidates. You remain responsible for final hiring decisions and candidate assessment.

4.3 Fees and Charges

Recruitment fees are charged based on:

• Placement fees: Typically 15-25% of first-year salary for permanent placements
• Temporary staffing: Hourly rates plus agency margin as agreed
• Managed services: Monthly fees based on service level agreements

All fees are exclusive of VAT and will be detailed in your service agreement.

4.4 Replacement Guarantee

If a placed candidate leaves employment within 3 months of placement (for permanent roles), we will provide a replacement candidate free of charge. This guarantee does not apply if the candidate is dismissed for misconduct or if the employer terminates the placement.

5. Background Checks and Compliance

5.1 DBS Checks

For roles in Care, Education, and Security sectors, we conduct Disclosure and Barring Service (DBS) checks in accordance with the DBS Code of Practice. Candidates must:

• Provide accurate information for DBS verification
• Declare any criminal convictions or pending charges
• Understand that DBS clearance is a condition of employment

5.2 Right to Work Checks

We conduct statutory right to work checks for all candidates in compliance with UK immigration law. You must provide valid proof of identity and right to work.

5.3 References

We conduct reference checks with previous employers. You authorize us to contact your referees and understand that false references may result in termination of placement.

6. Confidentiality

Both parties agree to maintain confidentiality regarding:

• Candidate information and personal data
• Employer business information and job specifications
• Salary and compensation details
• Any proprietary or sensitive information shared during engagement

This obligation survives termination of our business relationship.

7. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the fees paid in the preceding 12 months
• We are not liable for candidate performance, conduct, or suitability
• We are not liable for employer hiring decisions or employment disputes

8. Termination

8.1 By Candidates

Candidates may terminate their relationship with us at any time by providing written notice. This does not affect existing placements.

8.2 By Employers

Employers may terminate service agreements with 30 days' written notice, except in cases of breach, which may result in immediate termination.

8.3 By Chelmark Staffing

We reserve the right to terminate services if:

• Information provided is false or misleading
• Terms of Business are breached
• Fees remain unpaid beyond 60 days
• Conduct is unprofessional or inappropriate

9. Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of Chelmark Staffing or licensed to us. You may not reproduce, distribute, or transmit this content without our written permission.

10. Website Use

10.1 Acceptable Use

You agree not to:

• Engage in illegal or fraudulent activity
• Harass, threaten, or abuse other users
• Attempt to gain unauthorized access to our systems
• Transmit viruses or malicious code
• Scrape or extract data from our website

10.2 Disclaimer

Our website is provided "as is" without warranties of any kind. We do not guarantee uninterrupted access or error-free operation. We are not liable for website downtime or data loss.

11. Dispute Resolution

Any disputes arising from these Terms shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. We encourage parties to attempt resolution through good faith negotiation before pursuing legal action.

12. Complaints Procedure

If you have a complaint about our services, please contact us:

We will acknowledge complaints within 5 business days and aim to resolve them within 30 days.

13. Regulatory Compliance

Chelmark Staffing operates in compliance with:

• Employment Agencies Act 1973
• Conduct of Employment Agencies and Employment Businesses Regulations 2003
• Equality Act 2010 (anti-discrimination)
• National Minimum Wage Act 1998
• Working Time Regulations 1998
• Data Protection Act 2018 and UK GDPR

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services constitutes acceptance of updated Terms.

15. Contact Information