1.DEFINITIONS

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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 1985 to which the Applicant is introduced;

“Agency” means Sales Recruitment Solutions LTD of 9E, The Maltings Business Centre, Roydon Road, Stanstead

Abbotts, SG12 8HQ

“Engagement” means the engagement, employment or use of the Applicant by the client or any third party 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; directly or through a limited company of which the

Applicant is an officer or employee; “Introduction” means (i) interview of an Applicant in person or by telephone,

following the client instruction to the Agency to search for an Applicant; or (ii) the passing to the client of a

curriculum vitæ or information which identifies the Applicant; and which leads to an Engagement of that Applicant;

“Remuneration” includes base salary, any guarantees and/or anticipated bonus, allowances, inducement payments,

payable to or receivable by the Applicant for services rendered to or on behalf of the client.

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
 

2. THE CONTRACT

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2.1. These Terms constitute the contract between the Agency and client and are deemed to be accepted by virtue of an Introduction to the client, 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

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3.1. The client agrees: a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant; 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 c) To pay the Agency’s fee within 30 days of the date of invoice.

3.2 The fee payable to the Agency by the Client for an introduction resulting in an Engagement is the amount equal to: 20% flat fee of the basic salary applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable. After the agency have made one successful hire with the client this fee will increase to 25% for all future hires. In the case of each Applicant there is a minimum fee of £4,000. For an introduction of a non-executive director, there is a flat fee of £15,000.

3.3. Except in the circumstances set out in clause 5.1 below, no fee is incurred by the client, until the applicant starts the engagement when the Agency will render an invoice to for its fees.

3.4 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 4% per annum above the base rate from time to time of Lloyds Bank Plc from the due date until the date of payment. 

3.5 If the client subsequently engages the Applicant within the period of 12 calendar months from the date of the introduction, the client must inform the agency within 14 days of the engagement and accepts that they will be invoiced as per clause 3.2. Failure to inform the agency of the engagement within 14 days of the engagement will result in a full fee calculated at 20% of the base salary (and guarantee or retainer if applicable).

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4. REBATE

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4.1. In order to qualify for the following credit, the client must pay the Agency’s fee within 30 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 30 days of its termination.

4.2. If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be credited not refunded in accordance with the following scale.

 

Weeks 1-4  = 100%

Weeks 5-8 = 50%

Weeks 9-12 = 25%

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The client will have a period of 24 weeks to use this credit with the agency, if at that point the credit has not been used the client can choose to have that money refunded. 

4.3. In circumstances where clause 3.5 applies there shall be no entitlement to a credit.

 

5. INTRODUCTIONS

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5.1. 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 12 months of the Introduction renders the client liable to payment of the Agency’s fee as set out in clause 3.5

5.2. An introduction fee calculated in accordance with clause 3.2 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 12 months from the date of the Agency’s Introduction.

5.3. Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.2 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.

5.4. In the event that any employee of the Agency with whom the client has had personal dealings accepts an Engagement with the client within 6 months of leaving the Agency’s employment, the client shall be liable to pay an introduction fee to the Agency in accordance with clause 3.2.

5.5 In the event that any employee of the agency with whom the client has had personal dealings with has any interaction with the client (within a 12 month period of the individual leaving the agency's employment) that result in the client owing a fee to that individual, the client will also owe a fee of the exact same amount to the agency.

5.6 In the event that any employee of the Client is placed elsewhere with the help of the Agency within 12 months of leaving the client's employment, the Agency shall be liable to pay an introduction fee to the Client equal to 20% of the person's base salary

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6. SUITABILITY AND REFERENCES

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6.1. The Agency endeavours 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.

6.2. 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.

6.3. Notwithstanding clauses 6.1, 6.2, 6.3 and 6.4 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.

6.4. To enable the Agency to comply with its obligations under clauses 6.1, 6.2, 6.3 and 6.4 above the client undertakes to provide to the Agency details of all necessary information.