TERMS AND CONDITIONS OF BUSINESS For the Introduction of Staff
These terms are between Chartwell Recruitment Ltd Agency (hereinafter called ‘The Company’) and the Client or any associated firm or corporation (hereinafter called ‘The Client’) who engage ‘Permanent Staff’ introduced by The Company.
2. ‘Permanent Staff’ shall be deemed to mean applicants engaged for employment by the Client.
3. Employment shall be construed widely to include not only any contract of employment but also the self-employed and persons working on a commission only basis or by association.
4. These Terms and Conditions of Business are deemed to be accepted and agreed by The Client by virtue of an interview or the engagement (which term includes employment or by association or use, whether under a contract of service or for services) of an applicant introduced by The Company.
5. The introduction fee is payable by The Client for the engagement of a candidate in any capacity designated by The Client within twelve months following the last introduction of that candidate
6. The introduction fee becomes payable in full immediately upon the successful applicant taking up employment with The Client. Unless otherwise agreed in writing, payment terms are strictly 14 days from and including the date on which the applicant starts his employment with the Client.
7. Introductory Fees shall be calculated in accordance with the scale detailed below:-
Total Annual Salary Fee
£ 0 - £9,999 15%
£10,000 - £14,999 17.5%
£15,000 - £19,999 20%
£20,000 - £24,999 22.5%
£25,000 + 25%
Executive Search POA
Where a vehicle is included in the package a value of £3000 is added to the remuneration.
The fee charged is calculated against basic remuneration and any guaranteed commissions/bonuses/vehicle/vehicle allowance or other taxable allowances.
A minimum fee of £5000 will apply to any contracting or self employed engagement.
All fees are subject to Value Added Tax.
8. Any special terms or discounts agreed become null and void and thereafter standard fees and terms will apply if :
(i)the agreed fee is not paid and received within 14 days (or other period as may be agreed in writing) in accordance with Clause 6 or;
(ii)the Client does not inform The Company of any engagement on or before the date on which the applicant starts his employment.
9. The Company reserves the right to invoice a surcharge to the Client of 1% per seven day period for delays in payment after 30 days have elapsed from the invoice date, and The Client will accept this charge for payment on receipt of invoice.
10. Introductions by The Company are confidential and if The Client or any representative or employee of The Client or any Agent appointed by The Client refers the applicant to any other person, firm or corporation within twelve months of the introduction, then the introduction fee etc, as detailed above, will become payable by The Client as though The Client themselves had engaged the applicant.
11. Should the applicant, having taken up employment with The Client subsequently leave, the following credit will be allowed by The Company:-
Period of Employment Percentage of Credit
Up to 2 weeks 90%
Not exceeding 3 weeks 65%
Not exceeding 4 weeks 45%
Not exceeding 5 weeks 35%
Not exceeding 6 weeks 25%
Not exceeding 7 weeks 15%
Not exceeding 8 weeks 10%
Applications for credit MUST be received in writing within 7 days of the date the applicant left The Client’s employment.
In the event that The Client should fail to honour The Company’s payment terms in accordance with Clause 6, The Client shall forfeit the right to claim any credit and The Company’s standard full fees shall remain due and owing.
Any discount to our standard fees (in accordance with Clause 7) renders our credits null and void.
Appointment fees will only be credited if the employment terminates through no fault of the Client.
If, following the issue of a credit, The Client subsequently re-engages the applicant within a period of six calendar months from the date of termination, a full fee in accordance with Clause 7 becomes payable with no guarantee.
12. In the event that The Client should fail to honour The Company’s payment terms in accordance with Clause 6, or not inform The Company of any engagement on or before the date on which the applicant starts his employment, then The Client shall forfeit the right to claim any credit hereunder and The Company’s standard full fees shall remain due and owing.
13. Any discount to our standard fees (in accordance with Clause 7) renders our guarantees and credits null and void.
14. Although the Company endeavours to ensure that appropriate introductions are made, The Company does not warrant applicants’ suitability and The Client shall be responsible for taking up references prior to engagement.
15. The Company can accept no liability of any kind for the loss or damage to property or for any other loss including loss of profits or for any injury to persons arising directly or indirectly from any act or omission of any applicant introduced by The Company even if such act or omission is negligent or fraudulent or dishonest.
16. In the event that an applicant is re-introduced through any further alternative Agency, persons or otherwise and is subsequently employed clauses 5 and 7 hereof shall still take effect.
17. This Agreement is governed by and shall be construed in accordance with the laws of England