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1.2 In these
Terms of Business the following definitions apply:
- "Applicant"
means the person introduced by the Company to the
Client for an Engagement including 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 Applicant is
introduced;
- "Agency"
means New Accountants of 101 Bridle Road, Nottingham
NG14 5FS;
- "Engagement"
means the engagement, employment or use of the Applicant
by the Client on a permanent or temporary basis, whether
under a contract of service or for services; under
an agency, licensee, franchise or partnership agreement;
or any other engagement.
- "Introduction"
means the Client's interview of an Applicant in person
or by telephone, following the Client's instruction
to the Company to search for an Applicant; or the
passing to the Client of a curriculum vitae or other
information which identifies the Applicant and which
leads to an Engagement of that Applicant by the Client.
- "Remuneration"
includes base salary or fees, guaranteed and/or anticipated
bonus and commission earnings, allowances, inducement
payments, the benefits 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 a company car is provided by the employer, a
notional amount of £3,500 will be added to the
salary in order to calculate the Company's fee.
1.2 References
to the singular include the plural and references to
the masculine include the feminine and vice versa where
the context requires it.
1.3 The headings contained in these Terms are for convenience
only and do not affect their interpretation.
2.1 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 shall prevail
over any other terms of business or purchase conditions
put forward by the Client.
2.2 These Terms of Business 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.
2.3 No variation or alteration of these Terms of Business
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.
3.1 The
Client agrees:
a) to
notify the Company immediately of any offer of an
Engagement which it makes to the Applicant;
b) to notify the Company immediately that its offer
of an Engagement to the Applicant has been accepted
and to provide details of Remuneration to the Company;
and
c) to pay the Company's fee within 14 days of the
date of invoice.
3.2 No fee is incurred by the Client
until the Applicant commences the Engagement when the
Company will render an invoice to the Client for its
fees.
3.3 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 High Street Banks from the due date until
the date of actual payment.
3.4 The fee payable to the Company by the Client for
an Introduction resulting in an Engagement is from 15%
of the Remuneration (depending on the nature of the
engagement) payable and paid during the first 12 months
of the Engagement. VAT will be charged on the fee if
applicable.
4.1 In order to qualify for the
following guarantees, the Client must pay the Company's
fee 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.
4.2.1 If the Engagement terminates before the expiry
of 5 weeks from the commencement of the Engagement (except
where the Applicant is made redundant) a rebate of 20%
will be allowed against the Company's fee for each complete
week of the initial 5 week period not worked by the
Applicant.
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 Company a cancellation fee of £750.
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 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 fee as
set out in clause 3.4 with no entitlement to any refund.
7.1 The
Agency endeavours to ensure the suitability of any Applicant
introduced to the Client by obtaining confirmation of
the Applicants 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 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, 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 it's 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.
8.1 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 a 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 Company
does not exclude liability for death or personal injury
arising from its own negligence.
9.1 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.
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