TERMS OF BUSINESS – PERMANENT STAFF
1 DEFINITIONS
1.1 In these Terms of Business, the following definitions apply:
“Candidate” means the person introduced by the Company to the Client for an Engagement including but not limited to any members of the Company’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 whom the Candidate is introduced;
“Company” means Facilities Resourcing Limited and/or any subsidiary or associated company of Facilities Resourcing.
“Engagement” means the engagement, employment or use of the Candidate by the Client 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 entered into direct between the Client and the Candidate.
“Introduction” means the Client’s interview of a Candidate in person or by telephone following the Client’s instructions to the Company to search for a Candidate or following the passing to the Client of a curriculum vitae or other information which identifies the Candidate, and which leads in either case to an Engagement of that Candidate by the Client;
“Remuneration” includes base salary, guaranteed and/or anticipated bonus and commission earning, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payment to or receivable by the Candidate for services rendered to the Client.
1.2 Unless the context required otherwise, references to the singular include the plural and References to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their Interpretation.
1.4 The Company acts as an employment agency (as defined by the Conduct of Employment Agencies and Employment Business Regulations 2003) for the purposes of this Contract. Unless agreed otherwise in writing the Company does not have authority from the Client to complete any contract for an Engagement between the Client and the Candidate on behalf of the Client.
2 THE CONTRACT
2.1 These Terms of Business are deemed to be accepted by the Client by virtue of an introduction to or the Engagement of a Candidate.
2.2 Unless otherwise agreed in writing by a Director of the Company, these Terms prevail over any terms of business or purchase conditions put forward by the Client, even if that is subsequent to these Terms being brought to the Client’s attention.
2.3 No variation or alteration to these Terms of Business shall be valid unless approved in writing by a Director of the Company.
2.4 The Company will decline to accept any instructions to source Candidate where it believes that instruction to constitute unlawful discrimination.
3 NOTIFICATION OF FEES
3.1 The fee payable to the Company by the Client for an introduction resulting in an Engagement is calculated in accordance with the following Fee Structure on the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee.
Remuneration Introduction Fee
· £0 - £39,999 12.5%
· £40,000 - £49,999 15%
· £50,000 and over 17.5%
In respect of fixed duration of less than 12 months, the fee will be calculated pro-rata to the fee structure above, subject to a minimum fee of £500.
3.2 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.
3.3 The Client agrees:
(a) to notify the Company immediately of any offer of Engagement which it makes to the Candidate;
(b) to notify the Company immediately that its offer of an Engagement to the Candidate has been accepted and forthwith to provide details of the Remuneration to the Company; and (c) to pay the Company’s fee within 14 days of the date of invoice without set-off or deduction.
3.4 The Company reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 4% per annum above the base rate from time to time of National Westminster Bank Plc from the due date until the date of actual payment.
3.5 In the case of non-retained searches only, if after an offer of Engagement has been accepted and prior to the Candidate commencing the Engagement, the Client decided for any reason which is outside the control of either the Company or the Candidate, not to proceed with the appointment, it shall be liable to pay the Company a minimum handling fee equivalent to 25% of the total introduction fee.
4 REFUND GUARANTEES
4.1 In order to qualify for the following guarantees, the Client must pay the Company’s fees within 14 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.
4.2 If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement by reason of the Applicants voluntary resignation the fee will be refunded in accordance with the following Scale of Refunds:
Week in which the Applicant leaves % of Introduction Fee to be refunded
· 1 – 4 100%
· 5 – 8 50%
· 9 – 12 25%
Please note: There will be no refund where the Candidate leaves during or after the 13th week of Engagement.
Please note: A refund will not apply to any placement made if any of the above introduction fees have been discounted or amended.
4.3 The refund will not apply to Candidates previously supplied to the Client on a temporary basis.
4.4 Should the Client or any subsidiary or associated company of the Client subsequently re-engage the Candidate within the period of 12 calendar months from the date of termination of the Engagement, a further full fee calculated in accordance with clause 3.1 above becomes payable with no further entitlement to rebate.
5 INTRODUCTION
5.1 Introductions of Candidates are 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 6 months of the introduction renders the Client liable to payment of the Company’s fees as set out in clause 3.1, with no entitlement to any rebate under clause 4.
5.2 An introduction fee calculated in accordance with clause 3.1 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 Company introduction.
6 SUITABILITY
6.1 The Company endeavours to ensure the suitability of any Candidate introduced to the Client, as set out below. Notwithstanding this the Client shall satisfy itself and be the sole arbiter as to the suitability of the Candidate and is encouraged to take up any references provided by the Candidate and/or the Company before Engagement of such Candidate.
The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate and for ensuring that the Candidate satisfies any medical and other requirements or qualifications required by law of the country or trade in which the Candidate is engaged to work.
6.2 The Client must supply to the Company before any introduction the following information in writing; - (a) the Client’s identity and the nature of its business; (b) the date on which the Client requires a Candidate to
commence work, and the duration or likely duration of the work; (c) the position for which a Candidate is sought, including the type of work the Candidate would be required to do, the location at which and the hours during which he would be required to do it, and any risks to health or safety of the Candidate known to the Client and the steps which the Client has taken to prevent or control such risks; (d) the experience, training, qualifications and any authorisations which the Client considers are necessary or required by law or any professional body for a Candidate to possess in order to work in the relevant position, and the ability which the Client considers is necessary for a Candidate to possess in order to do so successfully; (e) any expenses payable by or to the successful Candidate; (f) the minimum rate of remuneration and any other benefits which the Client would offer to a person in the position which it seeks to fill, and the intervals at which such remuneration or other benefits would be paid; and (g) the length of notice which the successful Candidate in such a position would be required to give and entitled to receive to terminate the Engagement with the Client.
7 ADVERTISING
In order to source suitable Candidates, the Employment Agency may advertise the positions the Client has instructed the Employment Agency to fill.
8 LIABILITY
The Company shall not be liable under any circumstances for any loss, expense, damage, delay, cost 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 Company seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client (including any Act or omission on the part of the Applicant) or from the failure of the Company to introduce any Candidate. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
9 LAW
These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
10 VARIATION OF TERMS
In the event that the Company and the Client agree to a variation of the terms herein the Company shall, as soon as is reasonably practicable, provide the Client with a document detailing the variation and stating the date on or after which it is agreed that the reviewed terms are to take effect.
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