Legal

Hirer Terms of Engagement

Document: ProperFit Hire — Terms of Engagement with Hirers

Version: 1.0

Date: 6 May 2026

Lawful framework: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("the Conduct Regs")

Issued under: Regulation 17 (Employment Agency providing work-finding services to hirers)

Supersedes: None

This document complements: Customer Terms of Service at https://properfithire.co.uk/terms

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1. Status

These are the written terms required by Regulation 17 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. They govern the relationship between you (the hirer) and Brian Gillingham trading as ProperFit Hire (the employment agency) where ProperFit Hire is providing work-finding services to you in respect of work-seekers.

You should be given a copy before the agency provides any work-finding service to you.

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2. Type of agency we are

ProperFit Hire is an Employment Agency, not an Employment Business. We do not employ work-seekers. We introduce them to you for direct permanent or fixed-term employment.

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3. The service

ProperFit Hire will:

1. Receive your job specification and the CVs you submit

2. Score each CV deterministically against the spec using the Mermoid engine

3. Deliver a ranked, citation-backed report within 24 hours (12 hours on retainer)

4. Provide audit trail evidence sufficient for tribunal defensibility under EU AI Act Art 22 / UK ICO ADM guidance

We will NOT:

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4. Your obligations as hirer

4.1 Lawful basis to share CVs with us

You confirm that for every CV you submit, you have a lawful basis under UK GDPR (typically Art 6(1)(f) legitimate interest in your own recruitment) to share it with ProperFit Hire as a Joint Controller / Processor. You confirm that you have provided each candidate with appropriate notice that their CV may be processed by a third-party scoring service (or you accept the risk of failing to do so).

4.2 Candidate privacy notice

You agree to either:

4.3 Right-to-Work and DBS

You retain sole responsibility for:

ProperFit Hire's RTW classification is decision-support, not a verified check. The statutory excuse must be obtained by you with documentary evidence per Home Office guidance.

4.4 No-rubber-stamp obligation

You must conduct meaningful human review of every shortlisted candidate. Per ICO 2026 ADM guidance, "rubber-stamping" the algorithmic ranking exposes you to Article 22 UK GDPR liability. ProperFit Hire's reports include citations specifically to support your substantive review.

4.5 No-discrimination warranty

You will not use ProperFit Hire's reports to discriminate unlawfully under the Equality Act 2010. Where the report surfaces protected-characteristic-related signals (e.g. health information disclosed in a CV), you must address them through reasonable-adjustment processes, not as a basis for rejection.

4.6 Data accuracy

You will not knowingly submit CVs you believe to be falsified or fraudulent.

4.7 Onward use

The audit reports we deliver to you are licensed for your internal recruitment-decision use. You may share excerpts with:

You may not:

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5. Our charges

TierChargeTrigger
Pay-per-cohort£99 per cohortPayable upon receipt of report (no-charge guarantee if not useful — notify within 7 days)
Retainer£249 per monthMonthly via Stripe; 30-day rolling cancellation
Full agency10% of placed candidate's first-year gross salary50% on shortlist delivery; 50% on placement; rebate schedule below

All charges are in GBP, exclusive of VAT (we are not VAT-registered at the time of writing).

5.1 Replacement guarantee (Full Agency only)

If a candidate placed under Full Agency leaves voluntarily or is dismissed for cause within:

PeriodRebate
30 days100%
60 days75%
90 days50%
After 90 daysNone

Rebate may be taken as a credit note against future placements OR cash refund at your discretion.

5.2 No-introduction-no-fee

You owe nothing if the candidate scoring you receive does not result in an introduction to interview. The Pay-per-cohort fee is for the report, not the placement; you are not charged a placement fee unless on Full Agency tier.

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6. Information we will give you about each work-seeker (Reg 19)

Before introducing a work-seeker for the role:

InformationProvided
IdentityYes (per CV)
Whether the work-seeker is suitable for the type of work in questionYes (the rank + report)
Whether the work-seeker has the required experience, training, qualificationsYes (citation-backed)
Whether the work-seeker has the right to work in the UKDecision-support classification only — your statutory duty to verify
Whether the work-seeker has any specific authorisation required by lawDecision-support classification only
Health & safety risks raised by the work-seekerYes if disclosed in CV

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7. Suitability

Per Reg 20, we take such steps as are reasonably practicable to verify suitability of the work-seeker. Specifically:

We do not independently verify references, qualifications, or identity unless you specifically engage us under a separate Vetting Plus contract (not currently offered).

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8. Liability

8.1 Cap

Our maximum liability under these terms is capped at twelve (12) months of fees actually paid by you to us in the period preceding the claim.

8.2 Exclusions

We exclude liability for:

8.3 We do not exclude

We do not exclude liability for:

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9. Confidentiality

Each party will keep the other's confidential information confidential. Our scoring methodology, weight algorithms, and audit-trail format are confidential information of ProperFit Hire. Your job specification wording is your confidential information.

We will not disclose your engagement to anyone (including in case studies or marketing) without your prior written consent.

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10. Termination

Either party may terminate at any time by written notice. On termination:

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11. Data Processing Agreement

A separate Data Processing Agreement (DPA) is provided at docs/legal/09_DPA_template.md and forms part of these terms. The DPA addresses each party's obligations under UK GDPR for the processing of work-seeker data.

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12. Disputes

Any dispute under these terms will first be addressed by direct discussion between Brian Gillingham (ProperFit Hire) and your nominated representative. If unresolved within 14 days, either party may escalate to:

1. Mediation through CEDR (Centre for Effective Dispute Resolution)

2. Formal proceedings in the County Court at Lincoln

You may also raise complaints about agency conduct with the Employment Agency Standards Inspectorate (https://www.gov.uk/government/organisations/employment-agency-standards-inspectorate).

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13. Governing law

These terms are governed by the laws of England and Wales.

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14. Acceptance

These terms are accepted when:

The Retainer and Full Agency tiers require wet signature on a printed version.

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15. Contact

ReasonContact
Customer supportenquiries@properfithire.co.uk
Data protectiondpo@properfithire.co.uk
PostalBrian Gillingham, ProperFit Hire, Lincoln LN2 2HL, United Kingdom

Issued: 6 May 2026.