Calyptus Agency Terms & Conditions
1. Introduction
These Agency Terms & Conditions ("Agreement") set forth the terms under which Calyptus Limited ("Calyptus," "we," "us," or "our") provides recruitment and talent introduction services to employers ("Customer," "you," or "your"). By accepting these terms via tick-box confirmation on our website or by use of our chatbot, you acknowledge and agree to be bound by them.
2. Services & Fees
2.1 Services: Calyptus facilitates the introduction of tech professionals ("Candidates") to employers for potential employment opportunities.
2.2 Placement Fee: If you hire a Candidate introduced by Calyptus within twelve (12) months of the initial introduction, you agree to pay a fee equal to:
- 18% of the Candidate’s first-year base salary for your first hire through Calyptus.
- 20% of the Candidate’s first-year base salary for any hires after the first.
2.3 Payment Terms: Fees are invoiced upon the date of Candidate signing the employment contract and must be paid within thirty (30) days of the invoice date. Late payments may result in suspension of service and interest charges.
2.4 Notification Obligation: You must notify Calyptus in writing within 7 days of making an offer to a Candidate and provide details of the agreed remuneration.
2.5 Third-Party Introductions: If you introduce a Candidate to a third party within twelve (12) months of our introduction and that third party hires the Candidate, you are responsible for paying Calyptus the applicable Placement Fee.
2.6 Exclusive Engagement Period: Any Candidate introduced by Calyptus cannot be engaged by you or any affiliated entity for a period of 12 months from the date of our introduction unless the engagement is arranged through Calyptus. If you engage the Candidate directly or through another party within this period, the applicable Placement Fee will be due immediately.
3. Refund & Rebate Policy
3.1 Refunds: If the Candidate leaves or is terminated within the first 12 weeks of employment (except in cases of redundancy), you are eligible for a partial refund of the Placement Fee based on the following schedule:
- Weeks 1-4: 100% refund
- Weeks 5-8: 50% refund
- Weeks 9-12: 25% refund
To qualify, you must notify Calyptus in writing within 7 days of the Candidate’s departure.
3.2 Re-engagement: If you re-engage the Candidate within twelve (12) months of termination, you must repay any refunded amount and are not eligible for further refunds.
4. Responsibilities of the Customer
4.1 Suitability of Candidates: While Calyptus facilitates introductions, you are responsible for conducting due diligence on Candidates, including background checks, right-to-work verifications, and professional references.
4.2 Fair Hiring Practices: You agree to comply with all applicable employment laws and not discriminate against Candidates based on legally protected characteristics.
5. Confidentiality & Data Protection
5.1 Confidentiality: You agree to keep Candidate information confidential and not share it with third parties, except as necessary for hiring purposes.
5.2 Data Processing: Calyptus processes Candidate data in accordance with our Privacy Policy available at https://calyptus.co/privacy-policy.
6. Limitation of Liability
6.1 No Guarantee of Suitability: Calyptus does not guarantee the performance, suitability, or continued employment of any Candidate.
6.2 Liability Cap: Calyptus’ total liability under this Agreement is limited to the total fees paid by you in the preceding 6 months or £15,000, whichever is lower.
7. Term & Termination
7.1 Term: This Agreement is effective upon acceptance and remains in force until terminated by either party with 30 days' written notice.
7.2 Termination for Breach: We may terminate this Agreement immediately if you fail to pay fees when due or breach any material term.
8. Governing Law & Dispute Resolution
8.1 This Agreement is governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Amendments
9.1 Calyptus reserves the right to amend these Terms at any time. Changes will be communicated via our website or email, and continued use of our services constitutes acceptance.
9.2 The fees are as indicated in Clause 2.2 unless otherwise agreed in writing at a different rate.
By ticking the acceptance box on our website or by use of our chatbot, you confirm that you have read, understood, and agreed to these terms.