Terms of Business – Theo James Recruitment Ltd – Theo James Recruitment

Terms of Business – Theo James Recruitment Ltd

TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF DIRECTLY EMPLOYED BY THE CLIENT

SUPPLYING PERMANENT STAFF:

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 2006 to which the Applicant is introduced;

“Agency” means Theo James Recruitment Ltd;

“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent basis, or any other engagement; directly or through a limited company of which the Applicant is an officer or employee;

“Introduction” definition is stated as below

When a referral or any other information about the Candidate arrives at the Client office or is communicated to the Client intermediary, whichever is the earlier event;

the Client requests further information about or from the Candidate;

the Client requests the Agency to Introduce a Candidate for any position;

the Client, or a third party acting on the Client’s behalf, interviews a Candidate;

the Client Engages a Candidate in any capacity;

a Candidate begins work for the Client in any capacity;

the Agency provides any of the Recruitment Services to the Client.

“Remuneration” includes base salary or fees, guaranteed bonus, planned overtime allowance 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 of £2,500 will 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.

www.theojamesrecruitment.com
Registered in England & Wales No: 09734810

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 of 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:

  1. a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
  2. 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
  3. 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 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 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.

3.4. The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the attached Fee Structure on the Remuneration applicable during the first 12 months of the Engagement. 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 not be pro-rated.

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

It is a condition precedent to any post Engagement benefit, such as Refund or any other form of warranty mentioned in or otherwise inferred from these Terms of Business, that the relevant invoice is paid to terms.

In order to qualify for a Refund

4.1. 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 10 weeks from its commencement (except where the applicant is made redundant) a rebate of 10% of the fee set out in schedule 12 will be allowed against the Theo James Recruitment fee for each complete week of the initial 10 week period not actually worked by the Employee.

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.

4.4. In these Terms of Business a Refund means a sum to be Refunded by the Agency to the Client in certain circumstances to discount future invoices raised to the Client.

4.5. Irrespective to any proven or claimed right to a Refund, all invoices must be paid within their credit terms to the Agency’s Factor (Perm Simply) and there is no right to set off any proven or claimed right to a Refund.

4.6. The Client must pay the Company’s fee within the credit terms of the invoice. Note: If payment is not received within the credit terms, the Refund shall not apply.

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 7.5% of the Remuneration where the annual Remuneration is £20,000 or less and 10% of the Remuneration where the annual Remuneration is £20,001 or more.

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 endeavors 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 in the position which the Client seeks to fill.

7.2. At the same time as proposing an Applicant to the Client the Agency shall inform the Client of such matters in clause 7.1 as they have obtained confirmation of. 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 Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to the Client.

7.3. The Agency endeavors 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.

7.4. The Agency endeavors 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.

7.5. Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 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.

7.6. To enable the Agency to comply with its obligations under clauses 7.1, 7.2, 7.3 and 7.4 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 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 and are subject to the exclusive jurisdiction of the Courts of England & Wales

11. SCHEDULE: SCALE OF REFUND

11.1 The following scale of refund only applies in the event that the Client complies with the provisions of clause 4.1 of these Terms of Business.

11.2 Where the Applicant leaves during the first 10 weeks of the Engagement, a refund will be given in accordance with our refund guarantee (clause 4).

11.3 There will be no refund where the Applicant leaves during or after the 11th week of the Engagement.

12. SCHEDULE: PERMANENT INTRODUCTION FEE STRUCTURE

Salary to Fee % of salary (Per annum)

  • £0 – £15,000 – 15%
  • £15,0001 – £25,000 – 17.5%
  • £25,001 – £35,000 – 20%
  • £35,000+ – 22.5%