INTRODUCTION OF PERMANENT STAFF
In these Terms of Business the following definitions apply: “Agency” means Motenas LTD and/or any subsidiaries or associates or separate names. “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 any member 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 whom the Candidate is introduced. “Engagement” means the engagement, employment or use of the Applicant by the Client or any third party or through a sub-contractor of the Client, another employment business or agency on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, 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 the Client’s interview of an Applicant either in person or by telephone or the passing to the Client by the Agency of a curriculum vitae or other information which identifies the Applicant and leads to an Engagement.An Introduction remains valid for a period of six (6) months from the date of the provision of the information by the Agency or the interview of the Applicant by the client, whichever is the later.
“Remuneration” means annual basic salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments and all other payments and taxable and non-taxable emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
2. These Terms and Conditions of Business are 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. These Terms constitute 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.
No variation or alteration to these Terms shall be valid unless set out in writing and signed by a director of the Agency
3. The Client agrees:
(a) to notify the Agency immediately of any offer of an Engagement which it makes to an Applicant.
(b) to notify the Agency immediately an Engagement is accepted and provide details of the Remuneration payable, and
(c) to pay the fee of the Agency within 14 days of the date of the invoice.
4. (a) The fee payable to the Agency by the Client for the Introduction of the Applicant is calculated as a percentage of the Applicant’s gross equivalent annualised Remuneration subject to a minimum fee chargeable of £3,000 + VAT. Motorcars provided to candidates introduced will be assessed as Remuneration at the rate of £3,600 pa.The percentage of the employee’s gross Remuneration will be:
13% On Remuneration up to £14,999
15% On Remuneration from £15,000 up to £19,999
18% On Remuneration from £20,000 up to £30,999
20% On Remuneration of £31,000 and above.
VAT will be charged in addition to the fee.
In the event that the Engagement is for a fixed term of less than 12 months, the fee will apply pro rata, subject to a minimum of 6 months Remuneration. If the Engagement is extended beyond the initial fixed term the Client shall be liable for a further fee based on the additional Remuneration applicable for the period of the Engagement following the initial fixed term to the termination of the second or subsequent Engagements or the first anniversary of its commencement, whichever is the sooner.
If the Client subsequently engages or re-engages the Applicant within a period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a fee calculated in accordance with this clause becomes payable.
In the event that an employee of the Agency with whom the client had dealings accepts an Engagement with the Client within 6 months of leaving the Agency’s employment, a fee calculated in accordance with this clause becomes payable.
(b) Where the Applicant’s Remuneration is based on commission only or On Target Earnings (“OTE”) the fee will be calculated in accordance with Clause 4 (a) above on the expected OTE subject to a minimum fee of £3,000.
(c) Where the Applicant’s Remuneration is based partly on commission 50% of the commission will be added to the package and the fee calculated in accordance with Clause 4 (a) above subject to a minimum fee of £3,000.
5. (a) Should the relevant employment terminate before the expiry of ten (10) weeks, (save where as a result of the Applicant being made redundant by the Client), the fee will be rebated in accordance with the following Scale of Rebate.
For engagements terminating during or at the end of: Rebate Weeks 1 & 2 100%
Weeks 3 & 4 75%
Week 5 60%
Week 6 50%
Week 7 40%
Week 8 30%
Week 9 20%
Week 10 10%
(b) Rebates will only be given provided that the Client has notified the Agency in writing within seven (7) days of the termination of employment and has paid the Agency’s fee within fourteen (14) days of the date of the invoice.
6. Introductions are confidential.Any information passed to a third party which results in an Engagement renders the Client liable to payment of the Agency’s fee as set out in Paragraph 4.
7. An Introduction fee calculated in accordance with Paragraph 4 of these Terms will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Agency even though the Introduction may be made indirectly.
8. In addition to the Introduction fee the Client shall pay the Agency where appropriate any or all of the following “Recoverable Expenses” such as advertising,Applicants’ travel expenses to attend interview, medical examinations, visa processing, document courier services etc, subject to the Client’s prior agreement and understanding.
9. (a) 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 authorisations 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. Confirmation of the above, as far as such has been obtained, will be provided within 3 days of proposing an Applicant.
(b) The Agency endeavours to take all reasonably practicable steps 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 and further that it would not be detrimental to the interests of either the Client or the Applicant.
(c) Notwithstanding clauses a) and b) above, the Client must satisfy himself as to the suitability of any Applicant and shall be responsible for taking up any references (including the confirmation of any professional or academic qualifications) provided by an Applicant and/or the Agency before engaging such Applicant.The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and satisfy any medical and other requirements, qualifications or permissions required by law.
(d) To enable the Agency to comply with its obligations under this clause 9 the Client undertakes to provide the Agency details of the position, including the type of work the Applicant will be required to do; the location and hours of work; the experience, training, qualifications and any authorisations the Client considers necessary or which are required by law or any professional body; and any risks to health and safety known to the Client and what steps the Client has taken to prevent and control such risks; the date the Client requires the Applicant to commence; the 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 the Applicant would be entitled to give and receive to terminate the employment.
10. Where the Applicant is required by law or any professional body to have any qualifications or authorisations to work in the position, the Agency will take all reasonable 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 practical steps to confirm the Applicant is suitable for the position.Where the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain the information in any event.
11. The Agency shall not be liable to the Client 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.
12. This Agreement shall be governed by and construed in accordance with the laws of England & Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England &Wales.
13. Overdue debts – we reserve the right to charge interest on all overdue debts at the rate of 2.5% per month or part of a month.