Terms of service of HICONSTRUCT LTD

1. Who these terms cover

These terms apply to every engagement that HICONSTRUCT LTD carries out for a client under a signed statement of work, order form or master services agreement. Where a master services agreement exists, it prevails over these terms. Our head office is at 53 Hawkswood Crescent LEEDS LS5 3QF United Kingdom; written notices should go there or to bilawixu97@gmail.com.

Candidates and applicants who use the forms on counflexflop.com are not parties to these terms. Their data is handled under the privacy policy, and any employment relationship they enter is governed by a separate written agreement with the hiring employer.

2. Services

HICONSTRUCT LTD provides eight service lines: IT and digital placement, executive search, candidate screening, HR analytics, recruitment outsourcing, employer branding, relocation and visa support, and outplacement support. Contract and project staffing is quoted from $85 per hour. The exact scope of any engagement is written into the statement of work, including the number of roles, the locations, the reporting line and the deliverables.

Where a client asks us to work with a candidate who will remain on the client's payroll, we act as a recruiting and screening provider. We do not act as the employer of record, we do not issue the paycheques, and employment decisions remain with the client. In the standard outsourcing scope we place the workers into the client payroll and handle document preparation; where an engagement additionally covers payroll administration, onboarding and benefits, that broader role is described line by line in the statement of work.

3. Fees, invoicing and payment

• Contingency placement: 22% of the first-year salary for IT and digital roles, and 25% for executive search. The fee becomes payable when the candidate starts employment with the client.
• Retained engagements: from $7,900 per month, billed monthly in advance, with a minimum term of three months.
• Candidate screening: from $65 per candidate; a full pre-employment pack for one candidate is $145.
• HR analytics: from $1,800 per quarter.
• Employer branding: from $4,500 per project.
• Relocation and visa support: from $2,400 per relocation, invoiced once the relocation is confirmed.
• Outplacement support: from $950 per person.
• Contract and project staffing: from $85 per hour. Work delivered at short notice or on weekends is billed at $95 per hour. That is the only surcharge in our price list, and the same $95 figure appears in the refund and cancellation policy.

Invoices are issued monthly and are payable within fifteen days of the invoice date. Accepted expenses that we have paid on your behalf, such as advertising placement and travel to your site, are passed through at cost with the receipt attached. The candidate screening prices listed above are all-in: they already include the charges levied by the screening provider, so nothing extra is invoiced for a standard check. Any fee for a service we perform on your behalf is billed as incurred unless the statement of work says otherwise.

4. Replacement window

Every permanent placement made by HICONSTRUCT LTD carries a ninety-day replacement window from the start date. If the person leaves within that period for reasons connected to the role, HICONSTRUCT LTD repeats the search at no additional fee. If the person leaves for reasons that are not connected to the role, the window does not apply. The condition and the timeline are recorded in the statement of work, and the same rule is set out in the refund and cancellation policy.

5. Timelines and expectations

Shortlists for standard IT and digital roles normally arrive within three working days, and those roles close in about two weeks. Executive search usually runs up to eight weeks. Screening is finished in 48 to 72 hours, and the first HR analytics report is published in three weeks. A retained outsourcing team is live in ten working days, and a relocation takes four to eight weeks before the start date. These are working targets, not promises — HICONSTRUCT LTD tells you early and in writing when a market shifts and a date has to move.

6. Client responsibilities

• You give us a brief that describes the role, the salary band, the location and the team honestly, and you tell us promptly when something changes.
• You provide a named decision maker, and that person responds to a shortlist or a candidate within 48 hours, in line with the written feedback deadline that applies to every submitted profile.
• You run a structured interview process and give every candidate who reaches the final stage the same treatment.
• You do not use our introductions to build your own candidate database or approach people we introduced for other clients.

7. Candidate and client data

Candidate records, screening notes and client information are confidential. HICONSTRUCT LTD stores them in restricted folders, shares them only with the people working on a live search, and deletes them on the schedule written into the relevant agreement. Candidates are informed that their details are shared with the client they are being considered for, and screening candidates receive a short notice describing what is being checked. Our handling of personal data on counflexflop.com is described in the privacy policy.

8. Intellectual property

Employer branding films, photography, job ad copy, written employer value proposition documents, analytics reports and any other deliverable created for you are yours once the invoice for that work has been paid. We keep the right to reuse general knowledge, anonymised market information and our own methods. Candidate profiles remain our working material, and we may show anonymised role data to explain a market picture, but we never sell contact lists.

9. Non-solicitation

For twelve months after a candidate starts, you may not approach that candidate through us for a further placement. We apply the same restraint to our own clients, so a candidate introduced to you is not also sent to your competitor. This clause covers direct approaches; general advertising that reaches the same person is not a breach.

10. Termination

Either side may end an engagement with thirty days written notice. On a contingency search no fee is due if no candidate starts, and no fee is due for the sourcing work already done, because the fee is only payable when a candidate starts. If you ask us to stop a search in progress, we release the candidate pipeline back to you. On a retained engagement the monthly fee is invoiced in advance and covers the month in question; if you cancel inside the three-month minimum term, the amount due is the monthly fee multiplied by three, whether or not the full three months were worked, because the sourcing capacity was reserved in advance. After the three-month minimum term, the thirty-day notice period is paid at the standard monthly rate in addition to the fees for the months already worked. On a project engagement we invoice the stages described in the statement of work as they are completed, and if you cancel part-way through, the fixed-price cancellation rules set out in the refund and cancellation policy decide what is due. The rules on cancelled work and on fees for work already delivered are identical in the refund and cancellation policy.

11. Liability

Each party is responsible for its own acts. The total liability of HICONSTRUCT LTD in any engagement is limited to the fees paid by the client for that engagement in the three months before the claim. Neither party is liable for indirect or consequential loss, including lost profit, except where the law does not allow that limitation to apply. Nothing here limits liability for fraud, for injury caused by negligence, or for anything else that cannot lawfully be limited.

12. Governing law and jurisdiction

Applicable Law: this agreement and any dispute arising out of it are governed by the laws of the State of California, United States of America, without regard to its conflict of law rules. The exclusive jurisdiction for any such dispute is the state and federal courts located in the State of California, and both parties submit to that jurisdiction. If an engagement is performed under a separate agreement signed with a client in another state, the choice of law stated in that agreement applies to it, and this section applies to everything else.

13. General

These terms are the whole agreement between the parties on the subject of the engagement. A change is valid only if it is in writing and signed by both sides. If a court finds one clause unenforceable, the rest of the agreement still stands. HICONSTRUCT LTD may update these terms for future engagements; the version that applies to your work is the one attached to your statement of work.

14. Contact

HICONSTRUCT LTD, 53 Hawkswood Crescent LEEDS LS5 3QF United Kingdom. Phone +1 (415) 233-8912. Email bilawixu97@gmail.com. If a clause here needs explaining, we would rather explain it on a ten-minute call than argue about it later.