TERMS OF BUSINESS
Permanent Recruitment
Last updated: 1 October 2026
These Terms of Business (“Terms”) apply to permanent recruitment services provided by CINCO Search Ltd (“CINCO”, “we”, “us” or “our”) to the client named in the relevant Assignment Confirmation (“Client”).
These Terms apply to contingent permanent recruitment services only.
These Terms, together with the relevant Assignment Confirmation, form the agreement between CINCO and the Client for the relevant search.
1. Our Services
1.1 CINCO provides permanent recruitment services and operates as an employment agency when introducing candidates (“Candidates”) to the Client for direct employment or engagement.
1.2 CINCO will use reasonable care and skill in identifying, assessing and introducing Candidates who appear suitable for the Client’s requirements.
1.3 The Client remains responsible for its own assessment of each Candidate and for the ultimate decision to employ or engage a Candidate.
1.4 CINCO does not charge Candidates for work-finding services.
This reflects the distinction in current UK guidance between an employment agency, which introduces people who will be employed by the hirer, and an employment business supplying temporary workers. Employment agencies generally cannot charge work-seekers for finding them work. GOV.UK
2. Assignment Confirmation
2.1 Before commencing a search, CINCO and the Client may agree an Assignment Confirmation setting out the commercial and practical details of the search.
2.2 The Assignment Confirmation may include:
the position;
location and working arrangements;
salary or remuneration range;
anticipated Start Date;
key requirements for the position;
CINCO’s Fee; and
any other terms agreed specifically for that search.
2.3 By signing an Assignment Confirmation that incorporates these Terms, the Client agrees to be bound by these Terms.
2.4 If there is any conflict between these Terms and a signed Assignment Confirmation, the Assignment Confirmation will take precedence in relation to that search.
The information requested during the assignment stage also helps CINCO meet the information requirements applying before an employment agency introduces a work-seeker, including information about the role, location, hours, remuneration, necessary qualifications and relevant health and safety risks. GOV.UK
3. Introductions
3.1 An “Introduction” occurs where CINCO provides the Client with information that identifies a Candidate, including their name, CV, profile or other identifying information, or otherwise facilitates contact between the Client and Candidate in connection with potential employment or engagement.
3.2 The “Introduction Date” is the date on which CINCO first makes the Introduction.
3.3 If a Candidate introduced by CINCO is employed or otherwise engaged by the Client within 12 months of the Introduction Date, the Fee agreed for the relevant search will become payable, subject to clause 4.
3.4 The Fee will also be payable if the Candidate is employed or engaged during that period in a role different from the role for which CINCO originally introduced them.
3.5 Where the Client provides information about a Candidate introduced by CINCO to a third party and that Candidate is subsequently employed or engaged by that third party within 12 months of the Introduction Date as a result of CINCO’s Introduction, the Client will remain liable for the Fee.
3.6 Where a Candidate is employed or engaged within 12 months of the Introduction Date by a parent company, subsidiary, associated company or other company within the Client’s group as a result of CINCO’s Introduction, the Client will remain liable for the Fee.
4. Previous Knowledge of a Candidate
4.1 If CINCO introduces a Candidate whom the Client believes is already involved in an active recruitment process with the Client, the Client must notify CINCO in writing within 3 working days of the Introduction.
4.2 The Client must provide reasonable evidence that an active recruitment process with the Candidate existed before CINCO’s Introduction.
4.3 Mere presence in the Client’s database, a LinkedIn connection, historic correspondence, a previous application or previous contact that is no longer active will not, by itself, constitute an active recruitment process.
4.4 Where the same Candidate has been introduced by more than one recruitment agency, CINCO will regard the first valid Introduction that materially leads to the Candidate’s Engagement as the relevant Introduction, subject to clauses 4.1–4.3.
5. Fees
5.1 The recruitment fee payable by the Client (“Fee”) will be specified in the relevant Assignment Confirmation.
5.2 Where the Fee is calculated as a percentage of remuneration, unless otherwise stated in the Assignment Confirmation, it will be calculated by reference to the Candidate’s gross annual full-time base salary.
5.3 Unless expressly agreed otherwise, bonus, commission, equity, pension contributions, allowances and other benefits are excluded from the calculation of the Fee.
5.4 Where a Candidate is employed on a part-time basis and the Fee is calculated as a percentage of salary, the Fee will be calculated using the full-time equivalent annual base salary for the position.
5.5 VAT will be added to all Fees where applicable.
5.6 CINCO will invoice the Client on the Candidate’s first day of employment or engagement (“Start Date”).
5.7 All invoices are payable in full within 14 calendar days of the invoice date.
5.8 If an invoice is not paid when due, CINCO reserves the right to charge statutory interest and applicable recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
The amount of CINCO's fee therefore does not need to appear in these general Terms: it is agreed for the individual search in the Assignment Confirmation. Current government guidance confirms that fee levels charged by employment agencies to hirers are commercial business-to-business arrangements. GOV.UK
6. Rebate
6.1 If a Candidate’s employment ends within the first 30 calendar days following the Start Date, the Client may be entitled to a rebate equal to 50% of the Fee paid.
6.2 No rebate will be available where the Candidate’s employment ends after the first 30 calendar days.
6.3 A rebate will only be available where:
(a) CINCO’s invoice was paid in full within the 14-calendar-day payment period; and
(b) the Client notifies CINCO in writing within 7 calendar days of the Candidate’s employment ending.
6.4 No rebate will be payable where the Candidate’s employment ends wholly or materially as a result of:
redundancy;
restructuring or reorganisation;
closure or material reduction of the Client’s business;
a material change to the position, responsibilities, seniority or reporting line;
a material change to salary or remuneration;
a material change to the agreed work location or working arrangements; or
circumstances attributable to the Client rather than the Candidate.
6.5 Any rebate will be calculated on the Fee actually paid to CINCO, excluding VAT.
6.6 CINCO does not provide a replacement guarantee unless separately agreed in writing.
7. Offers and Engagements
7.1 The Client must notify CINCO promptly if it:
makes an offer to a Candidate introduced by CINCO;
agrees to employ or otherwise engage that Candidate;
becomes aware that a company within its group intends to engage that Candidate; or
becomes aware that a third party to whom it has referred the Candidate intends to engage them.
7.2 The Client must provide CINCO with sufficient information about the Candidate’s agreed remuneration and Start Date to enable CINCO to calculate and invoice the Fee.
7.3 For the purposes of these Terms, “Engagement” includes employment and any other direct or indirect engagement of a Candidate by the Client or relevant third party, including under a contract of employment, consultancy arrangement, contract for services or other commercial arrangement.
8. Client Responsibilities
8.1 The Client will provide CINCO with accurate and sufficient information about the position, including information reasonably required by CINCO to perform its recruitment services and meet its legal obligations.
8.2 This may include information concerning:
the nature of the Client’s business;
the position and duties;
location and working arrangements;
expected working hours;
proposed Start Date;
remuneration and benefits;
notice periods;
required experience, training, qualifications and authorisations;
any known health and safety risks and measures taken to address them; and
any other information reasonably relevant to the search.
8.3 The Client is responsible for satisfying itself as to the ultimate suitability of a Candidate before employing or engaging them.
8.4 The Client is responsible for undertaking any checks required by law or appropriate to the position, except to the extent CINCO has expressly agreed in writing to carry out a particular check.
These provisions sit alongside CINCO's own regulatory responsibilities; they do not attempt to contract out of CINCO's obligations as an employment agency. The current rules require agencies to obtain specified information about an assignment before making an introduction and to provide relevant information to work-seekers and hirers. GOV.UK
9. Candidate Information and Confidentiality
9.1 Candidate information supplied by CINCO is confidential and is provided solely for recruitment purposes.
9.2 The Client must not disclose Candidate information to a third party except:
where reasonably necessary for the recruitment process;
to a company within the Client’s group where relevant to the recruitment process;
where required by law; or
with the appropriate permission.
9.3 The Client should restrict access to Candidate information to individuals who reasonably require it for the recruitment process.
9.4 Both CINCO and the Client will comply with applicable data protection legislation when processing personal information in connection with the recruitment process.
9.5 CINCO’s handling of personal information is further described in its Privacy Policy.
10. Non-Solicitation
10.1 While CINCO is actively providing recruitment services to the Client, and for 12 months following the conclusion of the Client’s last active assignment with CINCO, CINCO will not knowingly and actively target the Client’s employees for recruitment into another organisation.
10.2 Clause 10.1 does not apply where an employee:
independently approaches CINCO;
responds to a general advertisement or non-targeted campaign;
was already in active contact with CINCO before the relevant Client assignment; or
is approached with the Client’s prior consent.
11. Liability
11.1 CINCO will exercise reasonable care and skill in providing its recruitment services.
11.2 The Client acknowledges that the decision to interview, employ or otherwise engage a Candidate is ultimately the Client’s responsibility.
11.3 CINCO does not guarantee the performance, conduct or continued employment of any Candidate.
11.4 To the fullest extent permitted by law, CINCO will not be liable for any indirect or consequential loss, or for loss of profit, revenue, business, anticipated savings or opportunity, arising out of or in connection with a Candidate, Introduction, Engagement or the services provided by CINCO.
11.5 Subject to clause 11.6, CINCO’s total aggregate liability arising out of or in connection with a particular assignment will not exceed the Fee paid or payable to CINCO in respect of the Candidate or assignment giving rise to the claim.
11.6 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
12. Ending a Search
12.1 Either party may end an active recruitment search by notifying the other party in writing.
12.2 Ending a search does not affect rights or obligations that arose before it ended.
12.3 In particular, provisions relating to Introductions, Fees, confidentiality, data protection and liability will continue to apply after a search ends where relevant.
13. General
13.1 These Terms together with the relevant signed Assignment Confirmation constitute the agreement between CINCO and the Client in relation to the relevant search.
13.2 Any variation to the agreement must be agreed in writing by CINCO and the Client.
13.3 If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.
13.4 A failure or delay by either party to exercise any right under these Terms will not constitute a waiver of that right.
13.5 Nothing in these Terms creates a partnership, joint venture, agency relationship between CINCO and the Client, or employment relationship between CINCO and any Candidate.
13.6 No person other than CINCO and the Client will have any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
14. Governing Law and Jurisdiction
14.1 These Terms and any dispute or claim arising out of or in connection with them will be governed by the laws of England and Wales.
14.2 The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
15. CINCO Search Ltd
CINCO Search Ltd
Registered in England and Wales
Company number: XXX
Registered office: 1 Odyssey Way, SW18 1EH, London
Email: hello@cincosearch.com