Daisy Recruitment Ltd Limited (hereinafter referred to as the Agency) agrees to supply Candidates to the Client upon the following terms and conditions.
1.1. In these Terms of Business, the following definitions apply:
“Candidate” means a person introduced by the Agency to the Client for an Engagement including any 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 Candidate is introduced.
“Engagement” means the engagement, employment or use of the Candidate 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 Candidate is an officer or employee.
“Introduction” means (i) the Client’s interview of a Candidate in person or by telephone, following the Client’s instruction to the Agency to search for a Candidate; or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Candidate; and which leads to an Engagement of that Candidate.
“Remuneration” includes 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 for a 12-month period.
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
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 a Candidate or the passing of any information about the 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 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.
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 the client.
2.5. 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:
a) To notify the Agency immediately of any offer of an Engagement which it makes to the Candidate.
b) To notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to the Agency; and
c) To pay the Agency’s fee within 14 days of the date of invoice.
3.2. The fee is payable if the Client Engages the Candidate within a period of 6 calendar months from the date of the Introduction, the Clients withdrawal of an offer of Engagement or the Candidates’ rejection of an offer of an Engagement (whichever is the later.) The Client shall be liable to pay the Agency’s fee in respect of a Candidate introduced notwithstanding that the Client engages the Candidate in a different position to that originally envisaged.
3.3. The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 7 days at the rate prevailing in the Late Payment of Commercial Debts (Interest) Act 1998, from the due date until the date of payment.
3.4. The fee (plus VAT) payable to the Agency by the Client for an Introduction resulting in an Engagement is the amount equal to a percentage of the annual Remuneration as laid out in the table below: If the actual remuneration is not known, the Agency will charge an Introduction Fee based on its determination of the Remuneration, considering the market rate, any information supplied by the Client and comparable positions in the market generally.
Position with other agencies
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 apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner. For part time positions the fee will be either in line with the above, or £1000.00 whichever is the greater.
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.
3.7. Where advertising is undertaken specifically for the Client and at their request, all related costs will be agreed in advance and charged to the Client. Payment will be due on confirmation of advertising space with the chosen media.
3.8. The Introduction Fee shall be payable within 14 days of the date of the Agency’s invoice shall be rendered once the Candidate commences the Engagement. In the event of non-payment of the invoice by the Hirer within 14 days the client will indemnify and keep indemnified, on the indemnity basis, the Agency in respect of all costs, including legal costs, incurred by the Client in respect of the recovery of the invoice whether they are incurred before or after judgement, lose the right to any discounted or reduced Introduction Fee agreed between the Agency and the Client and in which circumstance the Introduction Fee that will be payable will be 18% which shall be payable immediately.
3.9. VAT is charged at the standard rate for all Fees
3.10. The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1988 on invoiced amounts unpaid by the due date at the rate of 4% per annum above the base rate from time to time of the HSBC from the due date until the date of payment.
3.11. 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 (or within 3 months of leaving the Agency) the Client shall be liable to pay an Introduction Fee to the Agency of 18% of the Annual Remuneration.
3.12. Without prejudice to the above, in the event that any Charges are not paid by the due date and therefore become overdue, all and any Charges incurred by the Hirer in respect of the Agency Worker or otherwise become immediately due to the Employment Business as a debt.
4. REPLACEMENT GUARANTEE
4.1. If after an offer has been made and accepted and once it has commenced, is terminated by either the Candidate or the client (except in the circumstances where the Candidate is made redundant) before the expiry of 4 weeks from the date of commencement of the Engagement, then the Agency will replace the candidate free of charge
4.2. In order to qualify for the free of charge replacement, 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.
4.3. The Client must give the Agency reasonable time within which to put forward a suitable Replacement Applicant. This will receive the highest priority. Only one replacement will be provided for each placement within this agreement. The free of charge replacement must be used within 3 months of the written notification of termination by the Client.
4.4. Where the amount of the actual Remuneration is not known the Agency will charge a 18% fee calculated on the minimum level of remuneration applicable for the position in which the Candidate 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.
4.5. 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.
5. CANCELLATION FEE
5.1 If, after an offer of Engagement has been made to the Candidate, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee of 50% of the original fee.
6.1. Introductions of Candidates are confidential. The disclosure by the Client to a third party of any details regarding a Candidate 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 18% of the Remuneration with no entitlement to any refund.
6.2. An introduction fee of 18% of the annual Remuneration will be charged in relation to any Candidate 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. The replacement guarantee does not apply for indirect introductions.
6.3. Where the amount of the actual Remuneration is not known the Agency will charge a 18% fee calculated on the minimum level of remuneration applicable for the position in which the Candidate 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.
6.4. In the event that a Candidate is introduced to the client by 2 or more Agencies, the Agency which can demonstrate they were the first to introduce the candidate to the Client will retain Candidate ownership for a period of six months from the date of the Introduction. If the Candidate is engaged for any position within that 6-month period, a fee would be chargeable by the Agency.
7. SUITABILITY AND REFERENCES
7.1. The Agency endeavours to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidate’s identity; that the Candidate has the experience, training, qualifications and any authorisation reasonably required by the Client or applicable law or by any professional body; and that the Candidate is willing to work in the position which the Client seeks to fill.
7.2. The Agency endeavors to take all such steps as are reasonably practicable to ensure that the Client and Candidate are aware of any requirements imposed by law or any professional body to enable the Candidate 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 Candidate for the Candidate to work in the position which the Client seeks to fill.
7.4. Notwithstanding clauses 7.1, 7.2 and 7.3 above the Client shall be solely responsible for satisfying itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate to it or the Agency before engaging the Candidate. 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 Candidate, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Candidate is engaged to work.
7.5. 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 Candidate 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 Candidate 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 Candidate 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 Candidate would be entitled to give and receive to terminate the employment with the Client.
8.1. The Agency accepts no liability for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) howsoever caused which may be suffered or incurred by the Client arising from or in connection 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.
9.1. 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 was sent.
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.