T&C Recruitment Solutions.pdfT&C.pdf
Terms & Conditions of Service - HR Solutions
1. Definitions
1.1 Scope: This document defines the general terms that shall apply to all consultancy agreements and retainer contracts involving WEER-HR Consultancy. These clauses are incorporated into and form an integral part of our contract.
1.2 The Parties: WEER-HR Solutions of England, UK (hereinafter known as ‘WEER HR Recruitment Solutions’) and the Client ‘the Client’ is the party with whom a contract of supply exists.
2. Statement of Professional Standards
2.1 WEERHR Solutions will conduct its business in accordance with the professional standards laid down by the Code of Professional Conduct of the Chartered Institute of Personnel and Development (CIPD).
3. Consultancy Services
3.1 WEERHR Solutions will provide consulting services to the Client relating to Human Resources work. The specific nature of the services to be provided by WEERHR Solutions will be as specified in the Quotation (“The Services”) and the Quotation will form part of the Contract between WEERHR Solutions and the Client along with the Terms and Conditions and Processor Agreement.
3.2 Subject to any lawful restraint imposed upon it by any other party (such as an obligation as to confidence), WEERHR will make available to the Client all knowledge, information and expertise in its possession in performing the services. If the Client WEERHR Solutions to perform any services other than those specified in the Quotation (including without limitation to provide any additional functionality) or to provide further or other products and / or services, then WEERHR shall be entitled to quote the Client separately for the provision of those services or products required and upon acceptance, the terms of this agreement will also apply to those additional services and products.
3.3 Unless otherwise agreed in writing by both parties, the terms of this agreement will commence when the Client formally accepts the Quotation and Terms and Conditions in writing, which may be by letter or electronic communication such as by email.
3.4 Unless specifically stated as a fixed price quotation, any cost estimates that are, or have been given by WEERHR are estimates only.
3.5 Actual time spent, products supplied and any other fees such as disbursements etc. will be used as the basis for billing.
4. Time Basis for Contracts
4.1 Where applicable, activity time is calculated inclusive of travel time from the prior non-client activity (such as from the consultant’s home, office, or third-party premises).
4.2 On-site activity is normally provided by the day or half day, except where otherwise agreed in advance. A day will normally be 10.00am -4.00pm actually on site and half a day on-site amounts to 3.5 hours actually on-site.
4.3 Off-site activity time includes all office time spent acting for the Client and may be carried out at any location of WEERHR Solutions choosing including WEERHR business premises or any site away from the Client’s premises.
4.4 Where off-site activity is provided by the hour, all travel, office, administrative, preparatory, production and telephone time in addition to actual client meetings and external interviews are chargeable at the agreed hourly rate as outlined in the Quotation.
4.5 Activity logs may be provided to Clients upon request.
5. Performance
5.1 All commitments with respect to the timing and scope of the project given to the Client by WEERHR Solutions – whether verbal or written – are made in good faith but are made necessarily in advance of;
5.2 Knowing the full scope of the difficulty that may pertain to the performance on specific points (for example, unforeseeable difficulty in obtaining certain information requested by the Client). For this reason, whilst WEERHR Solutions agrees to use its best endeavours to fulfil such commitments to the Client on the timing and the scope of consultancy and other projects, we cannot guarantee performance in either respect.
6. Acceptance
6.1 Any instructions received by WEERHR Solutions from the Client for the supply of services / products and / or the Clients acceptance of the Quotation and the Terms and Conditions shall constitute acceptance of the Terms and Conditions of the Contract.
6.2 Upon acceptance of these terms of business by the Client, the terms and conditions contained therein are irrevocable and can only be amended with the written consent of WEERHR Solutions.
6.3 The Client shall give WEERHR Solutions not less than 28 days prior written notice of any proposed or actual change of ownership or Clients Company name. This also includes Company address, contact numbers and business practice. The Client shall be liable for any losses incurred by WEERHR Solutions for non-compliance to this clause.
7. Reporting, Meeting and Training
7.1 The Client shall ensure its employee(s) (as specified in the Quotation or such other person as the Client shall nominate in writing) is available to meet with WEERHR Solutions, either face to face, over the telephone or by email when reasonably required by WEERHR Solutions for the purposes of discussing the status and progress of the services.
7.2 If the Client or Client’s employee cancels attendance to a pre-arranged meeting within 7 days of that meeting, WEERHR Solutions is entitled to charge a cancellation fee of 4 hours’ work charged at the current hourly rate.
7.3 If the Client or Client’s employee cancels attendance at a pre-arranged on-site visit day, set training day or event within 7 days of that on-site visit, training day or event, WEERHR Solutions is entitled to charge a cancellation fee of 100%.
7.4 If a Client or Client’s employee cancels attendance to a set training day or event that has been prearranged within 14 days, WEERHR Solutions is entitled to charge a cancellation fee of 50%.
7.5 WEERHR Solutions is entitled to charge a cancellation fee of 4 hours’ work on behalf of any external services sourced on behalf of the client where the Client or Client’s employee cancels attendance to a pre-arranged meeting within 7 working days.
7.6 WEERHR Solutions is entitled to charge a cancellation fee of 8 hour’s work on behalf of any external services sourced on behalf of the client such as minute taking where the Client or Client’s employee cancels attendance at a pre-arranged on-site visit day, set training day or event within 7 days of that visit.
8. Fees and Expenses
8.1 WEERHR Solutions will provide services to the Client and will be entitled to charge the Client for such services at the rates specified in the Quotation.
8.2 The remuneration structure agreed between WEERHR Solutions and the Client may be based on a number of methods, such as a ‘retainer’ or ‘subscription’, a ‘fixed fee’ or an ‘hourly rate’ or ‘time based’ rate (i.e. day rate, half day rate, hourly rate) but in any event as outlined in the Quotation.
8.3 The ‘Retainer’ fee or ‘Subscription’ fee shall be defined as a payment made to secure WEERHR Solutions for a fixed period of time. Fixed fee contracts cover the performance of an agreed service as outlined in the Quotation for an agreed fee. Extra time incurred by WEERHR Solutions in the performance of the fixed fee component of a contract will be borne by WEERHR Solutions, unless it is found that the Client has deliberately withheld information pertaining to the delivery of the agreed services, rendering the contract unachievable within the agreed timescales.
8.4 All Quotations are valid for a period of 3 months from date of issue prior to confirmation of engagement of Services by the Client.
8.5 Unless otherwise stipulated Jude WEERHR Solution’s quotations with clients will not include expenses in the pre-arranged fee. Additional fees include but are not limited to mileage, car parking, pre-authorised accommodation costs, room hire costs, recruitment agency /head-hunter fees and any other costs essential to the delivery of the services are levied in addition to the agreed fee.
8.6 Expense receipts wherever practical, will be retained by WEERHR Solutions and will be available for inspection upon request.
8.7 The Client will pay Jude WEERHR Solutions for the cost of any products or services together with WEERHR Solutions own charge that it levies for handling and / or obtaining relevant materials.
8.8 Retained services are for a period of 12 months and the service will terminate after the period that the 12th payment covers has expired. A revised quotation will be issued within the last month of the contractual agreement.
9. Payment Terms
9.1 The Client agrees to be bound by the payment terms stipulated within the contract.
9.2 Payments may be required in advance of any service delivery, by invoice or by monthly Standing Order as stipulated within the contract.
9.3 All invoices rendered by WEERHR Solutions are payable within 7 days from the date of invoice, unless otherwise agreed within the Quotation. The Client agrees to pay WEERHR Solutions in full within this time period.
9.4 If the client fails to make any payment on time without giving notification of due cause then WEERHR Solutions reserves the right to withhold delivery of any further consultancy or stages of work contained within the Quotations and will not be responsible for any inconvenience, loss or damage so caused.
9.5 Without prejudice to WEERHR Solutions rights under this Agreement, WEERHR Solutions shall be entitled to charge and the Client shall pay interest at 2% above the base lending rate of Barclays Bank PLC per month should the Client fail to pay any invoice by the due date for payment.
10. Stage Payments
10.1 Most contracts that extend across several months allow for stage payments. These are negotiated in advance as part of the normal discussions prior to agreement of the Contract and will be outlined in the Quotation.
10.2 WEERHR Solutions shall have the right to suspend all work on behalf of the client should these payments not be made on time to the agreed schedule. Any adverse impact that this suspension has upon the completion schedule or the quality of the product or service for the Client shall be at the Client’s sole responsibility. This right applies not just to the contract in arrears but also any other contracts with the Client, whether or not payments against these contracts are in arrears.
10.3 In particular, the Client should note that where it has been agreed that payment of all or part of a contract is to be made ‘in advance’ work will not commence on the client’s behalf until payment is actually received.
10.4 Should WEERHR Solutions issue draft documents for final changes and approval, it has the right under this agreement to the following; from the date that draft documents are issued, the Client has 14 days to submit any revisions required. Should the Client fail to do so, final documents will be issued and invoiced accordingly.
11. Cancellation Rights
11.1 The contract may be terminated in the following circumstances:
11.2 The Contract shall be regarded as a whole unless there are break points within it agreed in advance or it is divided into stages or where it is subject to periodic renewal. Where no such division is agreed in advance and stipulated in the contract, the Clients hall be liable for the totality of the value of the contract – including all expenses incurred to the date of cancellation – whether or not the Client wishes the work to be completed.
11.3 Annually reviewed service contracts, retainers and subscriptions will not be renewed automatically for a further 12-month period.
11.4 Where the cancelled contract relates to a retained or subscription service, where the required notice period is given in accordance with the terms and conditions, services will continue to be provided by WEERHR Solutions for the duration of the notice period, at the end of which time, services will be ceased. Where the Client wishes to cancel but insufficient notice is provided, the 12-month contract will continue to its expiration date and services will continue to be provided up to the date of expiry. Where the Client wishes to cancel a retainer or subscription service with immediate effect, the Client shall be liable for paying for the remainder of the contract up to the date of its expiry.
11.5 On termination of this Agreement, however occurring, all money’s unpaid by the Client pursuant to this Agreement will immediately become due and payable.
11.6 If such monies remain unpaid for a period of 30 days then (without prejudice to other rights that WEERHR Solutions may have for breach of this Agreement or otherwise) WEERHR Solutions will be entitled to cease consultancy services and to retake possession of any products provided.
11.7 The Client’s obligations within the Contract (including any obligations to indemnify) under the clauses relating to Intellectual Property, High Risk Activities, Liability and Confidentiality shall survive the termination of the Agreement for whatever reason. WEERHR Solutions obligations in relation to Confidentiality shall survive the termination of this Agreement for whatever reason.
12. Quotation Non-Exclusive
12.1 The Client acknowledges that WEERHR Solutions is providing Services to the Client on a nonexclusive basis and WEERHR Solutions may provide Services of the same or a similar nature as the Services to any other party, unless expressly agreed within the terms of the Quotation.
13. No Poaching
13.1 The Client undertakes to WEERHR Solutions that it will not for a period of 12 months from the termination of this Agreement entice or endeavour to entice away from WEERHR Solutions any employee of WEERHR Solutions. The Client acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of WEERHR Solutions.
14. Liability for Advice Given
14.1 WEERHR Solutions provides information, advice and services in good faith based upon information available and provided by the Client at the time. We do not warrant the accuracy of information provided. It is for the Client to decide whether or not to accept our advice in making his/her own management decisions. We advise that the data critical to a decision should be independently verified prior to being acted upon. Therefore, WEERHR Solutions accepts no liability for the consequences of its information, opinions and advice, whether direct or indirect.
14.2 To the extent permitted by the law, WEERHR Solutions expressly excludes all conditions and warranties whether express or implied.
14.3 Notwithstanding any other provision in this Agreement, in no event WEERHR Solutions be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, use, data or other economic advantage) however it arises whether for breach of this Agreement or in tort. The Client will indemnify J WEERHR Solutions and keep it indemnified from and against any claims by any third party for or in respect of such damages. WEERHR Solutions liability is limited to the value of the contract with the Client or the value of the loss whichever is the smaller.
14.4 WEERHR Solutions does not offer employment tribunal insurance, it is for the Client to source their own. WEERHR Solutions, does hold Professional Indemnity Insurance to which a Client can make a claim against in the event of proven negligence of services that has resulted in a financial loss.
15. Publicity
15.1 WEERHR Solutions shall seek the right from the Client to publicise the fact that the Client is, or was, a client and to utilise the clients name in publicity materials in this respect. WEERHR Solutions may also describe in general terms the type of work conducted for the Client but shall not be permitted to link the two without prior permission of the Client in order to protect confidentiality.
15.2 Wherever the results of any commissioned work are cited by the Client, the Client agrees to make due reference to WEERHR Solutions so as to make it clear who carried out the work, except where WEERHR Solutions explicitly waives this right.
16. Confidentiality
16.1 WEERHR Solutions agrees to hold all information provided by the Client confidential where the Client so specifies, save where such information is known to WEERHR Solutions already, or exists already in the public domain, until, either the information enters the public domain, or WEERHR Solutions is given the same information by a third party, or is released from its confidentiality requirement by the Client, or the Client is found in breach of contract with WEERHR Solutions by a court of law (including non-payment of account) or three years have elapsed, whichever is sooner.
16.2 The Client agrees to hold all information WEERHR Solutions proposal(s), fee structures, fees and personnel in the strictest of confidence.
17. Declaration
This agreement has been duly executed as a deed on the date stated below.
TERMS AND CONDITIONS FOR THE SUPPLY OF PERMANENT OR FIXED TERM STAFF - Recruitment solutions
JANUARY 2019
1. DEFINITIONS
1.1. In these Terms the following definitions apply:
“Agency” WEER HR Solutions, 113 Norwood Road, March, PE15 8QD (“the Agency”);
“Candidate” means the person Introduced by the Agency to the Client for an Engagement including any officer, employee or other representative of the Candidate if the Candidate is a corporate body, and members of the Agency’s own staff;
“Client” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is introduced;
“Engagement” means the engagement, employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced 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; or through a limited company of which the Candidate is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“Introduction” means (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to the Agency to search for a Candidate; and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly;
“Introduction Fee” means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement;
“Remuneration” includes gross 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 Candidate for services rendered to or on behalf of the Client or any third party. Where the Client provides a company car, a notional amount of £2,000 will be added to the salary in order to calculate the Agency’s fee;
“Replacement Candidate” means any Candidate Introduced by the Agency to the Client to fill the Engagement following the Introduction of another Candidate whose Engagement either did not commence or was terminated during the first 12 weeks of the Engagement;
“Vulnerable Person” means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen.
1.2. Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These terms of business and the attached Schedule(s) (“the Terms”) constitute the contract between the Agency and the Client for the supply of permanent or contract staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate 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 of the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) 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 a director of 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.
2.4. The Agency acts as an employment agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.
3. NOTIFICATION AND FEES
3.1. The Client agrees to:
3.1.1. notify the Agency immediately of the terms of any offer of an Engagement which it makes to the Candidate;
3.1.2. notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and
3.1.3. pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, by the due date for payment in clause 3.7.
3.2. The Introduction Fee calculated in accordance with clause 3.3 below is payable if the Client Engages the Candidate within the period of six (6) calendar months from the date of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement, (whichever is the later).
3.3. The Introduction Fee is calculated in accordance with the attached Fee Structure Schedule based on the Remuneration applicable during the first 12 months of the Engagement.
3.4. Where the actual Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally.
3.5. Where prior to the commencement of the Engagement the Agency and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Introduction Fee will apply pro-rata. If the Client (a) extends the Engagement beyond the initial fixed term or (b) re-Engages the Candidate within six (6) calendar months from the date of termination of the agreed period of the fixed term Engagement, then the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable for (a) the extended period of Engagement or (b) the period of the second and any subsequent Engagement, subject to the Client not being liable to pay a greater sum in Introduction Fees than the Client would have been liable for under clause 3.3 had the Candidate first been Engaged for 12 months or more.
3.6. The Client’s obligations under this clause 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.
3.7. The Introduction Fee shall be payable within 7 days of the date of the Agency’s invoice which shall be rendered once the Candidate commences the Engagement.
3.8. VAT is not charged, agency is not VAT registered.
3.9. The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 5% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.10.In the event that any Agency staff with whom the Client has had personal dealings accepts an Engagement with the Client while employed by the Agency, the Client shall be liable to pay an Introduction Fee to the Agency calculated in accordance with clause 3.3.
4 . REFUNDS
4.1. If, after an offer has been made and accepted, the Engagement (a) does not commence because the Candidate withdraws their acceptance; or (b) once it has commenced, is terminated by either the Candidate or the Client (except in circumstances where the Candidate is made redundant) before the expiry of 12 weeks from the date of commencement of the Engagement; then subject to the terms of clause 4.2 the Agency will refund the Introduction Fee in accordance with the accompanying Scale of Refunds set out in the Schedule attached to these Terms.
4.2. In order to qualify for the refund set out in clause 4.1, then the Client must comply with the provisions of clause 3.1 and must notify the Agency in writing of the termination of the Engagement or the non-commencement of the Engagement within 7 days of its termination or non-commencement.
4.3. For the purposes of this clause 4 the date of termination of the Engagement shall be the date on which the Candidate ceases working or would have ceased working for the Client, but for any period of garden leave or payment in lieu of notice, whichever is the later.
4.4. In circumstances where clause 3.5 applies, the full Introduction Fee is payable and there shall be no entitlement to a refund.
4.5. If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of six (6) calendar months from the date of termination then the refund shall be repaid to the Agency. The Client shall not be entitled to any further refunds in relation to the re-Engagement of this Candidate.
5. INTRODUCTIONS TO THIRD PARTIES
Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within six (6) months of the Agency’s Introduction of the Candidate to the Client, then the Client will be liable to the Agency for payment of an Introduction Fee in accordance with clause 3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.
6. SUITABILITY CHECKS
6.1. The Agency endeavours to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to
6.1.1. ensure that it would not be detrimental to the interests of either the Client or the Candidate;
6.1.2. ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body; and
6.1.3. confirm that the Candidate is willing to work in the position
6.2. Notwithstanding clause 6.1 the Client shall be obliged to satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:
6.2.1. taking up any references provided by the Candidate before Engaging the Candidate;
6.2.2. checking the Candidate’s right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work;
6.2.3. the arrangement of medical examinations and/or investigations into the medical history of any Candidate; and
6.2.4. satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.
6.3. To enable the Agency to comply with its obligations under 6.1 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following:
6.3.1. the type of work that the Candidate would be required to do;
6.3.2. the location and hours of work;
6.3.3. the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position;
6.3.4. any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
6.3.5. the date the Client requires the Candidate to commence the Engagement;
6.3.6. the duration or likely duration of the Engagement;
6.3.7. the minimum rate of Remuneration, expenses and any other benefits that would be offered;
6.3.8. the intervals of payment of Remuneration; and
6.3.9. the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
6.4. Where the Candidate is Introduced for a position which involves working with, caring for or attending a Vulnerable Person the Agency shall, in addition to the obligations in clause 6.1, take reasonably practicable steps to:
6.4.1. obtain confirmation of the Candidate’s identity;
6.4.2. obtain confirmation that the Candidate 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
6.4.3. obtain and offer to provide copies to the Client of two references from persons who are not relatives of the Candidate and who have agreed that the references they provide may be disclosed to the Client; and any relevant qualifications or authorisations of the Candidate. If the Agency has taken all reasonably practicable steps to obtain such information and has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event.
7. INFORMATION TO BE PROVIDED
When the Agency Introduces a Candidate to the Client, the Agency shall inform the Client that they have obtained confirmation of the matters set out in clause 6.1 and in the case of a position which involves working with Vulnerable Persons the matters in clause 6.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following, save where the Candidate is being Introduced for an Engagement which is the same as one in which the Candidate has worked within the previous 5 business days and such information has already been given to the Client.
8. CONFIDENTIALITY AND DATA PROTECTION
All information relating to a Candidate is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition information relating to the Agency’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
9. LIABILITY
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 a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
10. NOTICES
All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
11. SEVERABILITY
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
12. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
SCHEDULE: FEE STRUCTURE (Clause 3.3)
Remuneration | Fee
|
£0-£20,000 | 6% |
£20,001-£30,000 | 8% |
£30,001-£50,000 | 10% |
£50,001+ | 15% |
For the avoidance of doubt:
SCHEDULE: SCALE OF REFUND (Clause 4.1)
Week in which the Engagement terminates in accordance with clause 4.2
| % of introduction fee refunded |
Non-commencement | 100% |
1 – 2 | 100% |
3 - 4 | 50% |
5 - 7 | 40% |
8 - 12 | 10% |
