Supporting Your Career

Terms of Business for the Introduction of Permanent Staff

  1. Definitions
    1. In these Terms of Business the following definitions apply:
      Candidate means the person introduced by the Company to the Client for an Engagement including any members of the Companys own staff;
      Client means the person, firms or corporate body together with any subsidiary or associated company (as defined by the Companies Act 1985) to whom the Candidate is introduced by or on behalf of the Company;
      Engagement means the engagement, employment or use of the Candidate directly or indirectly by the Client on a permanent or temporary basis, whether under the contract of service or for the services, under an agency, license, franchise or partnership agreement, or any other engagement;
      Introduction means the Clients interview of a Candidate in person or by telephone, following the Clients instruction to the Company to search for a Candidate; or the passing to the Client of a curriculum vitae or other information which identifies the Candidate and which leads to an Engagement of the Candidate by the Client;
      Remuneration includes base salary or fees and guaranteed and/or anticipated bonus and commission earnings, inducement payments, the benefit of a company car and all other payments and taxable (and where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client.
    2. Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
    3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
  2. The Contract
    1. These Terms of Business constitute the contract between the Company and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of, a Candidate or the passing of any information about the Candidate to any third party following an introduction.
    2. All and any business undertaken by the Company is transacted subject to these Terms, all of which shall be incorporated in any agreement between the Company and the Client Unless otherwise agreed in writing by a Director of the Company, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client and supersedes all or any previous terms of business..
    3. No variation or alteration of these Terms of Business shall be valid unless the details of such variation are agreed between the Company and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after such varied Terms shall apply. Any variations or alterations must be approved in writing by a Director of the Company.
    4. The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such a provision for any other purpose or the remaining provisions. Any such provisions shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance.
  3. Notification and Fees
    1. The Client agrees;
      1. To notify the Company immediately of any offer of an Engagement which is to be made to the Candidate;
      2. To notify the Company immediately when its offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to the Company; and
      3. To pay the Companys fee within 30 days of the invoice.
    2. Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Candidate commences the Engagement when the Company will render an invoice to the Client for its fees.
    3. The Company reserves the right to charge interest on invoiced amounts unpaid past the due dates at the rate of 8% per annum above Barclays Bank base rate from the due date until the date of actual payment.
    4. The Client undertakes not to employ or seek to employ members of the staff of the Company but if any such member of staff accepts an Engagement within 6 months of such member leaving the employment of the Company, then the Client shall be liable to pay the Companys scale fees as if such member had been introduced by the Company.
    5. Fee Structure;
      Remuneration of Candidate (£) % of Remuneration Payable as a Fee to Company
      Up to and including £100,000 20% of annual remuneration (12 months)
      In excess of £100,000 25% of annual salary remuneration (12 months)

      VAT will be charged at the prevailing rate in addition to the fee where applicable.

    6. In the event that an Engagement is for less than 12 months, the fee in clause 3.5.will apply pro rata. If the Engagement is extended beyond the initial fixed term, or if the Client re-engages the Candidate within 6 calendar months from the date of termination of the first Engagement, the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second engagement or the first anniversary of its commencement, which ever is the sooner.
    7. If the Client subsequently engages or re-engages the Candidatewithin the period of six calendar months from the date of termination of the Engagement or Withdrawal of the offer, a full fee calculated in accordance with 3.61 will apply.
  4. Refund Guarantees
    1. In order to qualify for the following guarantees, the Client must pay the Companys fee within 30 days of the date of invoice and must notify the Company in writing of the termination of the Engagement within 7 days of its termination.
    2. In the event of a Candidate terminating or the Client lawfully terminating an Engagement within 12 weeks of the date upon which such Candidate commenced work for the Client and provided that:
      1. all monies due hereunder have been paid in full by the Client in accordance with clause 3.1 (c) above;
      2. such termination is not as a result of redundancy, pregnancy, injury or ill-health or by reason of the Candidates race, sex or any disability;
      3. such termination has not arisen where the Client has entered into the Engagement with the prior or likely intention of disposing with the Candidates services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;
      4. the Client serves notice on the Company in writing at its registered office of the termination of the Engagement within 7 days thereof; and
      5. neither the Client nor any subsidiary, associated or holding company of the Client shall commence Engagement of the Candidate within 6 months from the date of the termination of the Engagement.

      then a pro-rated refund of the introduction fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions in this clause 4.

      Week in which the Candidate leaves % of the introduction fee refunded
      1-2 90%
      3-4 80%
      5-6 50%
      7-8 35%
      9-10 15%
      11-12 5%

      There will be no refund where the Candidate leaves during or after the 12th week of the Engagement.

    3. If, after an offer of Engagement has been made to the Candidate, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Company.
    4. Should the Client or any subsidiary or associated company of the Client subsequently reengage the Candidate within the period of 12 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.5 above becomes payable, with no entitlement to a refund.
  5. Introductions
    1. The introduction of a Candidate is confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of the Companys fees as set out in clause 3.5 with no entitlement to any refund.
    2. An introduction fee calculated in accordance with clause 3.5 will be charged in relation to any Candidate engaged as a consequence of or resulting from an Introduction by or through the Company, whether direct or indirect, within 12 months from the date of the Companys introduction.
  6. Suitablilty
    1. The Company endeavors to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidates identity; that the Candidate has the qualifications, experience, training and any authorization which the Client considers necessary or which may be required by Law or by any Professional Body; that the Candidate is willing to work in the position which the Client seeks to fill.
    2. The Company endeavors to take all such steps as are reasonably practical to ensure that the Candidate and Client are aware of any requirements imposed by Law or any professional body to enable the Candidate to work in the position which the Client seeks to fill.
    3. The Company endeavors to take all such steps as are reasonably practical to ensure that it would not be detrimental to the interests of either the Candidate or the Client for the Candidate to work in the position which the Client seeks to fill.
    4. Notwithstanding clauses 6.1, 6.2 and 6.3 above, the Client shall satisfy itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate to it or the Company before engaging such a Candidate. The Client is responsible for obtaining work permits and/or such permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, and satisfying any medical or other requirements, qualifications or permission required by the Law of the country in which the Candidate is engaged to work.
    5. To enable the Company to comply with its obligations under clauses 6.1, 6.2 and 6.3 above, the Clients undertakes to provide to the Company details of the position which the Client seeks to fill, including the type of work that the Candidate would have to do; the location and hours of work; the experience, qualifications and training and any authorizations which the Client considers are necessary or which are required by Law or any professional body for the Candidate to work in this position; any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Candidate to commence, the duration or likely duration of the work, the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Candidate would be entitled to give and receive to terminate the employment with the Client.
  7. Liability
    1. The Company shall not be liable under any circumstances for any loss, expense, damage,injury delay, costs or compensation (whether direct, indirect special or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Company to introduce any Candidate and, in particular, but without limitation to the foregoing, any such loss, expense, damage injury, delay, costs or compensation arising from or in any way connected with:
      1. failure of the Candidate to meet the requirements of the Client for all or any of the purposes for which he is required by the Client (subject to clause 4 above);
      2. any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
      3. any loss, injury, damage, expense or delay incurred or suffered by a Candidate;

      PROVIDED THAT nothing in this clause 7.1 shall be construed as purporting to exclude or restrict liability of the Company to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability or any exclusion or limitation which is prohibited by law.

    2. In consideration of the Company entering into an agreement with the Client into which these Terms are incorporated, the Client hereby undertakes to indemnify the Company in respect of any and all liability of the Company for:
      1. any loss, injury, expense or delay suffered or incurred by a Candidate, howsoever caused; and
      2. any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise,

      PROVIDED THAT this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an Engagement.

    3. The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the fee payable to the Company hereunder and shall accept risk and/or insure accordingly.
  8. Law
    1. These terms are governed by the laws of England and are subject to the non exclusive jurisdiction of the courts of England.
  9. Miscellaneous
    1. The Company reserves the right to review and to revise these Terms without prior notice.