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CLIENT
TERMS OF BUSINESS FOR THE INTRODUCTION
OF PERMANENT OR CONTRACT STAFF (TO BE
DIRECTLY EMPLOYED BY THE CLIENT)
1.
DEFINITIONS
1.1. In these Terms of Business the following
definitions apply:
| “Applicant”
|
means the person introduced by
the Agency to the Client for an
Engagement including any officer
or employee of the Applicant if
the Applicant is a limited company
and members of the Agency’s
own staff; |
| “Client” |
means the person; firm or corporate
body together with any subsidiary
or associated Company as defined
by the Companies Act 1985 to which
the Applicant is introduced; |
| “Agency”
|
means Rainford Berry Ltd, of 44
Eyston Drive, Weybridge, Surrey
KT13 OXD Limited; |
| “Engagement” |
means the engagement, employment
or use of the Applicant by the Client
or any third party on a permanent
or temporary basis, whether under
a contract of service or for services;
under an agency, licence, franchise
or partnership agreement; or any
other engagement; directly or through
a limited company of which the Applicant
is an officer or employee; |
| “Introduction” |
means (i) the Client’s interview
of an Applicant in person or by
telephone, following the Client’s
instruction to the Agency to search
for an Applicant; or (ii) the passing
to the Client of a curriculum vitæ
or information which identifies
the Applicant; and which leads to
an Engagement of that Applicant; |
| “Remuneration” |
includes base salary or fees,
guaranteed and/or anticipated bonus
and commission earnings, allowances,
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 Applicant
for services rendered to or on behalf
of the Client. Where the Client
provides a company car, a notional
amount may be added to the salary
in order to calculate the Agency’s
fee. |
1.2. Unless
the context requires otherwise, references
to the singular include the plural.
1.3. The
headings contained in these Terms of Business
are for convenience only and do not affect
their interpretation.
2.
THE CONTRACT
2.1. These Terms constitute the contract
between the Agency and the Client and
are deemed to be accepted by the Client
by virtue of an Introduction to, or the
Engagement of an Applicant or the passing
of any information about the Applicant
to any third party following an Introduction.
2.2. These terms contain the entire agreement
between the parties and unless otherwise
agreed in writing by [a director] the
Agency, these Terms of Business prevail
over any other terms of business or purchase
conditions put forward by the Client.
2.3 No variation or alteration to these
Terms shall be valid unless the details
of such variation are agreed between the
Agency 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 which such varied terms shall
apply.
3.
NOTIFICATION AND FEES
3.1. The Client agrees:
a) To notify the Agency immediately of
any offer of an Engagement which it makes
to the Applicant;
b) To notify the Agency immediately that
its offer of an Engagement to the Applicant
has been accepted and to provide details
of the Remuneration to the Agency; and
c) To pay the Agency’s fee within
14 days of the date of invoice.
3.2. Except in the circumstances set out
in clause 5.1 below, no fee is incurred
by the Client until [the Applicant commences
the Engagement or the Applicant accepts
the offer of the Engagement whether such
an offer shall be conditional or not]
when the Agency will render an invoice
to the Client for its fees.
3.3 The Agency reserves the right to charge
interest on invoiced amounts unpaid for
more than 14 days at the rate of 8% or
specify a different rate per annum [above
the base rate from the Bank of England]
from the due date until the date of payment.
3.4 The fee payable to the Agency by the
Client for an Introduction resulting in
An Engagement is the amount equal to 20%
of the Remuneration applicable during
the first 12 months of the Engagement
for placements up to a salary of £30,000
and 25%
for salaries of £30,001 and above.
VAT will be charged on the fee if applicable.
3.5 In the event that the Engagement is
for a fixed term of less than 12 months,
the fee in clause 3.4 will apply pro-rata.
If the Engagement is extended beyond the
initial fixed term or if the Client re-engages
the Applicant 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, whichever is the sooner.
3.6 If the Client subsequently engages
or re-engages the Applicant within the
period of 6 calendar months from the date
of termination of the Engagement or withdrawal
of the offer, a full fee calculated in
accordance with clause 3.4 above becomes
payable.
4.
REFUNDS
4.1. In order to qualify for the following
refund, the Client must pay the Agency’s
fee within 14 days of the date of invoice
and must notify the Agency in writing
of the termination of the Engagement within
7 days of its termination.
4.2. If the Engagement terminates before
the expiry of 12 weeks from the commencement
of the Engagement, except where the Applicant
is made redundant the fee will be refunded
in accordance with the accompanying Scale
of Refund set out in the schedule to these
Terms of Business.
4.3. In circumstances where clause 3.6
applies the full fee stated in clause
3.4 is payable and there shall be no entitlement
to a refund.
5.
CANCELLATION FEE
5.1 If, after an offer of Engagement has
been made to the Applicant, the Client
decides for any reason to withdraw it,
the Client shall be liable to pay the
Agency a minimum fee of 10% of the Remuneration
where the annual Remuneration is £30,000
or less and 15% of the Remuneration where
the annual Remuneration is £30,001
or more or as indicated on the Scale of
Refund set out in the schedule to these
Terms of Business
6.
INTRODUCTIONS
6.1. Introductions of Applicants are confidential.
The disclosure by the Client to a third
party of any details regarding an Applicant
introduced by the Agency which results
in an Engagement with that third party
within 6 months of the Introduction renders
the Client liable to payment of the Agency’s
fee as set out in clause 3.4 with no entitlement
to any refund.
6.2. An
introduction fee calculated in accordance
with clause 3.4 will be charged in relation
to any Applicant engaged as a consequence
of or resulting from an introduction by
or through the Agency, whether direct
or indirect, within 6 months from the
date of the Agency’s Introduction.
6.3. Where the amount of the actual Remuneration
is not known the Agency will charge a
fee calculated in accordance with clause
3.4 on the minimum level of remuneration
applicable for the position in which the
Applicant has been engaged with regard
to any information supplied to the Agency
by the Client and/or comparable positions
in the market generally for such positions.
7.
SUITABILITY AND REFERENCES
7.1. The Agency endeavours to ensure the
suitability of any Applicant introduced
to the Client by obtaining confirmation
of the Applicant’s identity; that
the Applicant has the experience, training,
qualifications and any authorisation which
the Client considers necessary or which
may be required by law or by any professional
body; and that the Applicant is willing
to work to work in the position which
the Client seeks to fill.
7.2. The Agency endeavours to take all
such steps as are reasonably practicable
to ensure that the Client and Applicant
are aware of any requirements imposed
by law or any professional body to enable
the Applicant to work in the position
which the Client seeks to fill.
7.3. The Agency endeavours to take all
such steps as are reasonably practicable
to ensure that it would not be detrimental
to the interests of either the Client
or the Applicant for the Applicant to
work in the position which the Client
seeks to fill.
7.4. Notwithstanding clauses 7.1, 7.2,
and 7.3 above the Client shall satisfy
itself as to the suitability of the Applicant
and the Client shall take up any references
provided by the Applicant to it or the
Agency before engaging such Applicant.
The Client is responsible for obtaining
work permits and/or such other permission
to work as may be required, for the arrangement
of medical examinations and/or investigations
into the medical history of any Applicant,
and satisfying any medical and other requirements,
qualifications or permission required
by law of the country in which the Applicant
is engaged to work.
7.5. To enable the Agency to comply with
its obligations under clauses 7.1, 7.2,
and 7.3 above the Client undertakes to
provide to the Agency details of the position
which the Client seeks to fill, including
the type of work that the Applicant would
be required to do; the location and hours
of work; the experience, training, qualifications
and any authorisation which the Client
considers necessary or which are required
by law or any professional body for the
Applicant to possess in order to work
in the position; and 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 Applicant 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 Applicant would be entitled to
give and receive to terminate the employment
with the Client.
8.
SPECIAL SITUATIONS
8.1 Where the Applicant is required by
law, or any professional body to have
any qualifications or authorisations to
work in the position which the Client
seeks to fill; or the work involves caring
for or attending one or more persons under
the age of eighteen, or any person who
by reason of age, infirmity or who is
otherwise in need of care or attention,
the Agency will take all reasonably practicable
steps to obtain and offer to provide copies
of any relevant qualifications or authorisations
of the Applicant, two references from
persons not related to the Applicant who
have agreed that the references they provide
may be disclosed to the Client and has
taken all reasonably practicable steps
to confirm that the Applicant is suitable
for the position. If the Agency is unable
to do any of the above it shall inform
the Client of the steps it has taken to
obtain this information in any event.
9.
LIABILITY
9.1 The Agency shall not be liable under
any circumstances for any loss, expense,
damage, delay, costs or compensation (whether
direct, indirect or consequential) which
may be suffered or incurred by the Client
arising from or in any way connected with
the Agency seeking an Applicant for the
Client or from the Introduction to or
Engagement of any
9.2 Applicant by the Client or from the
failure of the Agency to introduce any
Applicant. For the avoidance of doubt,
the Agency does not exclude liability
for death or personal injury arising from
its own negligence.
10.
LAW
10.1 These Terms are governed by the law
of England & Wales/ Scotland/ Northern
Ireland and are subject to the exclusive
jurisdiction of the Courts of England
& Wales
1. The
following scale of refund only applies
in the event that the Client complies
with the provisions of clause 3.1 of these
Terms of Business.
2. Where the Applicant leaves during the
first 12 weeks of the Engagement, a partial
refund of the introduction fee shall be
paid to the Client in accordance with
the scale set out below, subject to the
conditions in clause 4.1.
| Week in which the
Applicant leaves |
% of introduction
fee refunded |
| 1 - 2 |
90% |
| 3 - 4 |
80% |
| 5 - 6 |
60% |
| 7 - 8 |
40% |
| 9 - 10 |
20% |
| 11 - 12 |
10% |
3.
There will be no refund where the Applicant
leaves during or after the 13th* week
of the Engagement.
4.
In the event of the Client cancelling
the Engagement after an offer of an Engagement
has been made to the Applicant the minimum
fee specified in clause 5 shall become
payable, which shall be calculated as
follows: 10% of the Remuneration where
the annual Remuneration is £[30,000]
or less and 15% of the Remuneration where
the annual Remuneration is £[30,001]
or more.
As
a corporate member of Recruitment &
Employment confederation (REC) we are
bound by REC Code of good recruitment
practice, a copy of which is available
on www.rec.uk.com
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