1. These Terms and Conditions are between the
Company and the employer (hereinafter called "the Client")
and they relate to the introduction to you by the Company of Candidates
for permanent and freelance positions.
2. In these Terms and Conditions:-
(a) "Introduction"
means the presentation of a Candidate for a permanent or
freelance position or the provision of details of a Candidate
by the Company to the Client whether or not the Client had
knowledge of such Candidate prior to the introduction.
(b) "Engagement" includes the
employment or use of a Candidate in any capacity whatsoever
whether permanent or freelance or temporary and whether
under a contract of service or services or as an employee
or self-employed person or otherwise.
(c ) "Total Remuneration" means
the Candidate’s annual salary or fees and the value
of the Candidate’s other benefits including bonus
calculated if the engagement is for less than a year by
grossing up the actual salary or fees payable.
(d) "the Company" means Stephanie
Preston Recruitment Limited whose trading address is 6 Mersey
Road, Heaton Mersey, Stockport, Cheshire, SK4 3DE Company
Registration Number: 04536175
(e) "Candidate" means any person,
work seeker or freelancer introduced to the Client by the
Company regardless of whether otherwise known to the Client
including members of the Company’s own staff.
(f) "Client" means person, firm
or corporate body together with any subsidiary or associate
company as defined by the Companies Act 1985 to whom the
Candidate is introduced. |
3. These Terms and Conditions apply to all such supplies and introductions
and by asking the Company to make any such supply or introduction
the Client is deemed to have accepted these Terms and Conditions
to the exclusion of any other Terms and Conditions. In the event
of a conflict between these Terms and Conditions and any other Terms
and Conditions these Terms and Conditions shall prevail unless expressly
agreed otherwise in writing by a Director of the Company. The Company
are entitled to assume that any employer or agent of the Client
has the Client's authority to bind the Client (unless the Company
is notified otherwise in writing) and the Company are not required
to seek confirmation of that authority. Any Candidates introduced
or supplied to the Client are not to be regarded as employees of
the Company.
4. The Company act as an employment agency in the introduction of
candidates for permanent positions and any such Candidates introduced
or supplied are not to be regarded as employees of the Company.
Fees
5. The Company's fees for acting as an employment agency in the
introduction of a Candidate for either a freelance or permanent
position which results in an engagement are as follows:
| (a) Permanent
Position Candidate
(i) The Company's fee for the introduction of a Candidate
for a permanent position which results in an engagement
is based on the Candidate's Total Remuneration in accordance
with the Scale of Permanent Placement Fees set out in our
fee structure.
(ii) Where the Total Remuneration is not known to the Company
then the fee will be based either on the Candidate's previous
annual remuneration (if data is available for the previous
12 month period) or where no figures are available a set
fee of £10,000 will be payable by the Client to the
Company.
(b) Freelance Candidates
(i) The Company's fee for the introduction of freelance
Candidates which result in an engagement is 25% of either
the freelance Candidate's hourly rate or a results based
fee where applicable.
(ii) In the event of the Engagement of a freelance Candidate
introduced to the Client by the Company where the hourly
rate or results based fee is not known to the Company then
the Company shall charge the Client a set fee of £5,000.
(c) Exclusivity
In the case of exclusivity where the Company has delivered
a shortlist to the client containing an agreed number
of Candidates for the Client's specified position(s) and
the Client subsequently wishes to cancel the Company's
services or should the Client choose to engage for the
specified position(s) a Candidate not introduced or shortlisted
by the Company for any reason whatsoever - then the Client
will become immediately liable for payment of a fixed
cancellation fee of £250.
|
Rebate
6. If the Client engages a Candidate introduced by the Company in
a permanent or freelance position and the Client lawfully terminates
that Engagement during a period of up to 8 weeks from the candidate
commencing that Engagement for the Client (except by reason of redundancy)
the Client will be entitled to a rebate in accordance with the Scale
of Rebate set out in our fee structure.
No rebate will be given unless:
(a) the Client has given to the Company
satisfactory evidence that the Candidate was incapable of
performing that Engagement; and
(b) the Company has received from the Client written notification
of the Engagement of the Candidate within 14 days of the
Client agreeing to that Engagement; and
(c ) the Company has received written notification from
the Client within 3 days of the termination of that Engagement;
and
(d) the Client's account with the Company has been settled
in full within 14 days of the date of the invoice. |
Should the Client or any subsidiary or associated company subsequently
re-engage the Candidate within a period of 6 calendar months from
the date of termination or withdrawal of the offer then the full
fee in accordance with clause 6 will become due and payable.
If after the offer of Engagement has been accepted by the candidate
the Client decides for any reason not to proceed with the appointment
then the Client shall be liable to pay the Company the minimum fee
indicated in the Scale of Fees set out in our fee structure.
7. All introductions and Candidate's details are confidential and
are supplied by the Company to the Client on the understanding that
the Client will keep the information confidential and not disclose
it to any third party without the prior written consent of the Company.
8. If within 6 months of an introduction of a Candidate to the Client
by the Company the Client or any representative or employee of the
Client refers such a Candidate to any other person, body, firm or
corporation, which results in an Engagement by that person, body,
firm or corporation the Client must notify the Company and the Client
will be liable for:-
(a) if the Candidate is used in a permanent
capacity and the Total Remuneration is known to the Company
a fee as set out in clause 5 (a) (i); or
(b) if the Candidate is used in a permanent capacity and
the Total Remuneration is not known to the Company then
a fee as set out in clause 5 (a) (ii); or
(c ) if the Candidate is used in a freelance capacity and
the Total Remuneration is known to the Company then a fee
as set out in clause 5 (b) (i); and
(d) if the Candidate is used in a freelance capacity and
the Total Remuneration is not known to the Company then
a fee as set out in clause 5 (b) (ii)
No rebate shall apply in respect of any such fee charged. |
9. The Company's invoices are subject to VAT and all accounts are
payable within 14 days from the date of the invoice. The right is
reserved in respect of any invoice not paid within 14 days to charge
interest (without prior notification) at the rate of 1.5% above
the base rate from time to time in force of the Bank of England
(both before and after any Judgment) accruing on a daily basis on
all amounts remaining outstanding from the date of the invoice until
actual payment. Payment must be made without deduction or set off.
All costs, charges and expenses incurred by the Company in recovering
any outstanding account shall be paid by the Client on a full indemnity
basis. Should any invoice be due and unpaid after 14 days then all
invoices raised shall become immediately due and payable.
10. On receiving a request for the Introduction of a Candidate the
Company will endeavour to supply a suitable candidate to the Client
from its register. The Company will not however be responsible for
the accuracy of any information supplied to the Client in respect
of any Candidate save for and in respect of any legal obligation
on the Company to provide you with updated information where the
same has been provided to or obtained by the Company. The Client
is responsible for assessing the suitability of any Candidate introduced
for a permanent or freelance position and for engaging that Candidate
and taking up any references supplied.
11. The Client is responsible for ensuring that they hold any necessary
licenses, permits and consents etc for any work a Candidate is required
to do in relation to any place where that work is to be carried
out. The Client shall be responsible for arranging any medical examinations
and/or investigations into the medical history of any Candidate
to satisfy any medical or legal requirement for that position. The
Company does not warrant the ability of any Candidate.
12. The Company shall not be liable for any loss, injury, damages,
costs, expenses or delay howsoever caused (and whether direct, indirect
or consequential) arising directly or indirectly from the Introduction
or supply of any Candidate and in particular without limitation
to the foregoing the Company shall not be liable for any such loss,
injury, damages, costs, expenses or delay arising from or in any
way connected with:
(a) the failure of a Candidate to meet
your requirements; or
(b) any act or omission of a Candidate whether wilful, negligent,
fraudulent, dishonest, reckless or otherwise. |
Provided that nothing in these terms shall be construed as purporting
to exclude or restrict any liability of the Company to the Client
for death or personal injury resulting from the Company’s
negligence as defined in the Unfair Contract Terms Act 1977.
13. The liability of the Company to the Client for any breach by
the Company of these Terms and Conditions or for any liability in
negligence or otherwise shall not (save to the extent that such
results in death or personal injury) exceed the Company’s
commission relating to the introduction of the relevant Candidate.
In any event the Company will not be liable in relation to any matter
not reported by the Client in writing to the Company within 3 working
days of its occurrence.
14. If within 12 months of the Introduction of a permanent Candidate
to the Client by the Company or within 12 months of the Engagement
of a Candidate introduced by the Company to the Client (whichever
shall be the later) the Client agrees to engage any person who is
or was during that period an employee of the Company then the Client
will become liable for a fee calculated either:
(a) as a percentage of the former
employee's Total Remuneration if known in accordance with
the rates set out in the Scale of Permanent Fees in our
fee structure.
(b) if the Company's former employee's Total Remuneration
with the Client is not known then a set fee of £10,000. |
15. No variation of these Terms and Conditions is valid or binding
unless approved in writing by a Manager or Director of the Company.
16. These Terms and Conditions shall be governed by and be construed
in accordance with the laws of England and Wales and the Client
submits with the Company to the exclusive jurisdiction of the Courts
of England and Wales in relation to any claim or matter arising
out of these Terms and Conditions.
17. These Terms and Conditions of Business are valid from 1st October
2004 and supersede and replace all previous Terms and Conditions
of Business of the Company.
