Terms & Conditions

These Terms and Conditions govern your relationship with The Opportunity Hub UK (“The OHUB” “us”, “we” or the “Business”). Please read them carefully as they affect your rights and liabilities under the law. By entering into an Engagement (as defined below) you accept these Terms and Conditions. These Terms and Conditions apply to the Engagement to the exclusion of all other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

The Engagement constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Business which is not set out in the Engagement.

1. Definitions:

In these terms and conditions, unless the context requires otherwise, the following definitions apply

1.1. The Business: THE OPPORTUNITY HUB UK LTD, trading as The OHUB, a company incorporated in England with the registered number 11842284 86-90 Paul Street, London, England, EC2A 4NE;

1.2. Client: the person or company or organisation who has agreed to engage the Applicant’s services through the Business and who has agreed to be bound by these Terms and Conditions;

1.3. Applicant: a person seeking a position with a Client as a temp, contractor or job-seeker;

1.4 Commencement Date: the date agreed between the Client and the Business for the Applicant to start work for the Client pursuant to the Engagement;

1.5. Engagement (and Engage and Engaged shall be construed accordingly): the placing of an Applicant Introduced by the Business with a Client through:

                    a. an interview; or

                    b. employment or use; or

                    c. a contract of service or for services; or

                    d. in a personal or corporate capacity as agent or distributor for the Client; or

                   e. within 12 months from the date of Introduction. This applies notwithstanding whether the Client knew of the Applicant previously or the Client knew the Applicant prior to Introduction.

1.6. Fee: the fee payable by the Client to the Business upon the placement of an Applicant by the Business with the Client as specified in clause 2 below.

1.7. Introduction: (and Introduce and Introduced shall be construed accordingly): the process by which an Applicant is brought to the attention of the client by the Business.

1.8 Month: four consecutive working weeks.

2. Fixed term contractor & permanent placement fees

2.1. The following Fee is payable in respect of each Engagement:

Duration Executive search fee:
Option 1: Permanent full-time hire – Retained exhaustive search start fee £500.00 per role upfront + 10% of starting salary upon hire
Option 2: Permanent full-time hire 15% of starting salary upon hire
Graduate/Internship Recruitment Recruitment fee: Permanent hire fee:
Option 1: Fixed-Term contract (FTC) Hire Monthly FTC Recruitment Fee: £385 x 1-3 months 10% of starting salary
Option 2: Internship/Placement Monthly Fee: £385 x 12 months N/A

3. Payment:

3.1. The Business may, in its sole discretion, agree to accept payment of the fixed term Fees in instalments, in which case it shall invoice the Client monthly in advance in respect of the fixed term Fees.

3.2. The Fee is payable within 14 days of the date of invoice in full and in cleared funds to a bank account nominated in writing by the Business and time for payment shall be of the essence.

3.3. VAT is payable on the Fee and the Client shall, on receipt of a valid VAT invoice from the Business, pay to the Client such additional amounts in respect of VAT as are chargeable on the supply of the services at the same time as payment is due for the supply of the services.

3.4. The Client is responsible for notifying the Business in the case of an Applicant being engaged on a permanent basis and must do so within 7 days of any offer for such permanent position being accepted by an Applicant, and in any case within 7 days from the end date of the fixed term period, following which the Business shall invoice the Client in respect of the relevant permanent placement Fee.

3.5. The Business reserves the right to charge interest at a daily rate of 5% above the Bank of England base rate from time to time on invoices not settled within 7 days of the due date of the Business’ invoice and on invoices subsequently issued from the due date until actual payment of the overdue amount whether before or after judgement until paid in full.

3.6. If, where the Business has agreed to accept payment in instalments, the Client does not pay any amount due on any invoice then the full Fee in respect of the Engagement shall become immediately due and payable.

3.7. The Client shall pay all amounts due in respect of the Engagement in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Business may at any time, without limiting its other right or remedies, set off any amount owing to it by the Client against any amount payable by the Business to the Client.

4. Refunds/Replacements and Termination:

4.1. Fixed terms contracts

a. Unless explicitly stated otherwise in these Terms and Conditions, the Fee is non-refundable.

b. In the event that the Client is dissatisfied with the Applicant, the Client must notify the Business promptly. The Business will make every effort to find a replacement without charging any additional fees.

c. If, during the replacement process, the Client makes alternative arrangements or declines a replacement, the Business will provide a refund to the Client on a pro rata basis, based on the length of time the Applicant has been hosted by the Client.

4.2. Permanent placements

a. Subject to the provisions of these Terms and Conditions, if an Applicant engaged on a permanent basis through the Client resigns or is dismissed for misconduct within twelve weeks of commencing employment, the Business will undertake to replace the Applicant at no additional cost to the Client. The Business will be given a four-week window of opportunity to find a suitable replacement, and the Client must actively collaborate with THE OPPORTUNITY HUB UK LTD to fill the position. If the position is not filled due to the Client’s inability or refusal to hire, the fee will not be refunded. If the Business is unable to fill the role within the four-week window, £500.00 of the fee will be held back as a non-refundable retainer for The Opportunity HUB UK’s talent search. The remainder of the fee will be credited back to the Client as a line of credit to be used for future placements, based on the following structure:

Time of employment: Weeks 0-8, Credit: 100% of fee less £500 non-refundable retainer,

Time of employment: Weeks 8-12, Credit: 50% of fee less £500 non-refundable retainer.

b. Either party may terminate the Engagement with immediate effect by giving written notice to the other party if that other party commits a material breach of these Terms and Conditions or becomes insolvent.

c. On termination of the Engagement for any reason the Client shall immediately pay to the Business all of the Business’s outstanding unpaid invoices and interest. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination or expiry and clauses which expressly or by implication survive termination shall continue in full force and effect.

d. The Business will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms and Conditions that is caused by Force Majeure Event. A Force Majeure Event means any act or event beyond the Business’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Once again, please ensure to have a legal professional review these terms to ensure they are in your best interests and compliant with local laws and regulations.

5. The Client’s Obligations:

5.1 The Client agrees to notify the THE OPPORTUNITY HUB UK LTD immediately once an Applicant is Engaged in any capacity and shall notify the THE OPPORTUNITY HUB UK LTD immediately upon any offer of employment which differs to the role the Applicant was originally Engaged to undertake, or if there is any change whatsoever in the Applicant’s position with the Client.

5.2. The Client agrees to supply the Business with copies of all correspondence to any Applicant introduced to the Client by the Business.

5.3. Where such arrangements are concluded otherwise than in the presence of a representative of the Business, the Client agree s to notify the Business immediately where an Engagement has been accepted by an Applicant and to supply details to the business of the proposed Commencement Date and the proposed duration of the Engagement and the agreed wages, if applicable.

5.4. All correspondence and records shall be confidential and remain the property of the Business. Information supplied by the Business is confidential and is accepted by the Client on the condition that such information will not be disclosed to third parties directly or indirectly.

5.5. The Client shall provide the Business with such information and materials as the Business may reasonably require in order to arrange the Engagement.

5.6. Should the Client effect any form of introduction, direct or indirect, of an Applicant to a third party, or pass on any details resulting in any form of engagement or similar arrangement within 12 months of the initial engagement, the Client shall become liable to pay the relevant Fee to the Business.

5.7. It is the sole responsibility of the Client to ensure that all applicable legislation has been complied with in connection with an Engagement including, without limitation, all employment laws and regulations (including the National Minimum Wage Act 1998) and the Data Protection Act 1998. Neither the Business nor any of its officers, directors or employees shall be responsible f or, nor do any of them accept any responsibility for, any breaches of such laws or regulations nor do any of the aforementioned make any representations as to whether or not the Engagement complies with such laws or regulations.

5.8. The Client is responsible for ensuring the Applicant has equal opportunities in accordance with its obligations under the Equalities Act 2010 and is dealt with fairly in comparison to direct applications received for any position including (but not limited to) in respect of interviews, employment and any terms of employment.

5.9. The Client is responsible for employing the Applicant and for paying the Applicant’s wages and expenses where applicable.

5.10. The Client hereby grants to the Business a licence to use its name, branding, trademarks and all and any other intellectual property required by the Business in order to advertise available positions within the Client’s organisation to potential Applicants and the Client confirms that the Business shall be entitled to produce such adverts as the Business, in its sole discretion deems fit.

5.11. The Client is responsible for all tax and national insurance matters, where applicable in respect of each Engagement. l. The Client must ensure that the place of work complies with health and safety regulations during the fixed term contract.

5.12. In consideration of Business Introducing Applicants to the Client, the Client hereby agrees with and undertakes to Business that it shall not directly or indirectly and whether alone or in conjunction with or on behalf of any other person except with the Business’s prior notification and written consent enter into, re-start, solicit, initiate or otherwise participate in any discussions with any Applicant outside the scope of the Engagement in respect of any role with the Client or its affiliates or contacts.

6. The Business Obligations and Limitation of Liability:

6.1. The Business acts as an agent. It does not directly or indirectly employ the Applicant unless the Business has otherwise agreed to Payroll prior to Applicant starting.

6.2 The Business will use reasonable skill & care in providing the Client with Applicants as well suited as possible, & to this end will seek to furnish the Client with all relevant information concerning the Applicant & to check details, documentation and references. However, the final responsibility for any decision to engage the Applicant rests with the Client who is therefore strongly ad vised to check details, documentation & references personally. The Business does not offer any representation or warranty as to the suitability, honesty or capability of any Applicant.

6.3 The Business accepts no liability whatsoever for any loss or damage of any kind arising directly or indirectly from any ac t or omission of any Applicant introduced by the Business even if such act or omission is negligent, fraudulent or reveals dishonesty. For the avoidance of doubt, in no circumstances shall either party’s total liability to the other, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the proper and correct Fee payable by the Client. This limitation of liability does not apply in respect of the indemnities included in clauses 6(6.5) and 6(6.8).

6.4. The Business cannot guarantee that the Applicant will complete his or her proposed length of stay or engagement and likewise does not guarantee to the Applicant that the Client will retain and pay the Applicant for the entire period requested.

6.5. The Business’ selection of applicants will be based on information supplied by the Client to the Business. The Business shall not be responsible for any loss or damage or liability suffered by the Client as a result of any inaccuracy in any such information and the Client shall indemnify the Business against all expenses or liability suffered by the Business as a result of the inaccuracy of any such information.

6.7. The Business assesses all potential applicants on the basis of information provided either by the Applicants themselves or by reputable agencies, where relevant. The Business gives no warranty as to an Applicant’s suitability or their ability or willingness to fulfil their responsibilities in respect of any agreement which the Applicant may reach with the Client to which the Business is not a party.

6.8. The Client shall indemnify the Business in full for and against all claims, costs, expenses or liabilities whatsoever and howsoever arising, incurred or suffered by the Business in respect of any failure by the Client to comply with its obligations under clauses 5(5.8), 5(5.9), 5(5.10), 5(5.11) and 5(5.12).

6.9. Nothing in these Terms and Conditions shall limit or exclude the Business’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, fraud or fraudulent misrepresentation or breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

7. Other important terms:

7.1. The Business may transfer its rights and obligations under these Terms and Conditions to another organisation. The Client may only transfer its rights and obligations under these Terms to another person if the Business agrees in writing.

7.2. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

7.3 Any notice required to be given under the Engagement shall be in writing, and shall be sent to the other party its registered office address or other address specified. Notices may be sent by first-class mail. Correctly addressed notices sent by first-class mail shall be deemed to have been delivered 48 hours after posting, in the absence of evidence of earlier delivery.

7.4. A waiver of any right under these Terms and Conditions or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

7.5. Nothing in the Engagement or these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

7.6. A person who is not a party to these Terms and Conditions shall not have any rights to enforce them.

7.7.  Except as set out in these Terms and Conditions, no variation of the Engagement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Business.

7.8. These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

7.9. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non -contractual disputes or claims).