Telephone: 0870 609 2824 | Email: info@cameronjamesrecruit.co.uk
Telephone: 0870 609 2824 | Email: info@cameronjamesrecruit.co.uk
INTRODUCTION FEES
1. DEFINITIONS
1.1 In these Terms and Conditions the following definitions apply:
“Applicants” Means the person introduced by the Employment Business 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 Employment Business’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.
“The Employment Agency” means Cameron James Recruitment Limited, 117 Waterloo Road, London, SE1 8UL
“Engages/Engaged/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 Employment business, 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) the clients interview of an Applicant in person or by telephone, following the clients instruction to The Employment Agency to search for an Applicant, or (ii) the passing to the Client of a curriculum Vitae or information which identifies the Applicant, and which leads to an Engagement of that Applicant.
“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 applicant for services rendered to or on behalf of the Client. Where the client provides a company car, a national amount of £5000 will be added to the salary in order to calculate The Employment Agency fee. Where a relocation allowance is applicable and no fix sum is payable towards the relocation a notional amount of £5000 will be added to the salary in order to calculate The Employment Business Fee.
1.2 Unless the context requires otherwise, references to the singular include to plural.
1.3 The headings contained in these Terms and Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These terms constitute the contract between The Employment Agency and the Client and are deemed to be accepted by the Client by virtue of an introduction to, or the Engagement of the 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 another director of The Employment Agency, these Terms of Business prevail over any other Terms of Business or purchase conditions put forward by the client.
2.3 No variations or alternations to these terms shall be valid unless the details of such variation are agreed between The Employment Agency and the Client stating the Date on or after which such varied Terms will be applied.
3. NOTIFICATION AND FEES
3.1 The Client agrees:
· To notify The Employment Agency immediately of any offer which it makes to the applicant,
· To notify The Employment Agency immediately that its offer of an engagement to an
Applicant has been accepted and to provide details of The Remuneration to The Employment Business; and
· To pay the Employment Business’s fee within 14 days of the date of invoice.
3.2 Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant accepts the offer of the engagement whether such an offer shall be conditioned or not when The Employment Agency will render an invoice to the Client for its fees.
3.3 The Employment Agency reserve the right to charge interest on invoiced amounts unpaid for more then 14 days in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 from the due date until the date of payment.
3.4 The fee payable to The Employment Agency by the Client for an introduction resulting in an engagement is calculated in accordance with the following Fee Structure.
Remuneration Package to £20,000 15%
Remuneration Package to £40,000 17.5%
Remuneration package to £40,000 20%
· All fees are expressed as a percentage of the first year’s gross annual Remuneration package.
· VAT, if applicable, is payable on the entirety of these charges.
3.5 In the event that the engagement is in fixed term of less then 12 months, a 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 termination of the second Engagement or the first anniversary of its commencement, which ever is the sooner.
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.
4. REFUNDS
If the Engagement is terminated before the expiry of 13 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the following:
Week in which candidate leaves
Percentage of fee rebate
1-4
75%
5-12
50%
4.1 In order to qualify for the above refunds, the client must pay The Employment Agency within 14 days of date of invoice and must notify The Employment Agency in writing of the termination of the Engagement within 7 days of its termination.
4.2 In circumstances where clause 3.8 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to refund.
5. CANCELLATION FEE
5.1 In the event that the Client Terminates a retained Assignment before its conclusion, or changes the role(s) during the cause of the campaign sufficiently to warrant a new assignment, the Client shall pay to The Employment Agency a cancellation fee equivalent to one third of the Fee in addition to any sums already paid or incurred by the Client Prior to Termination.
6 INTRODUCTIONS
6.1 Introduction of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by The Employment Agency which results in an Engagement with that third party within 6 months of the introduction renders the Client liable to payment of The Employment Agency’s Fee as set out in clause 3.4 with no entitlement to any refund.
6.2 An introduction fee calculated in accordance with Clause 3.4 will be charged in relation to any Applicant Engaged as a consequence of or resulting from an Introduction by or through The Employment Agency, Whether direct or indirect, within 6 months from date of The Employment Agency Introduction.
6.3 Where the amount of the actual Remuneration is not known The Employment Agency will charge a fee calculated in accordance with clause 3.4 on the minimum level of Remuneration applicable for the position in which the Applicant has been Engaged by the Client and/or comparable position in the market generally for such positions.
7. SUITABILITY AND REFERENCES
7.1 The Employment 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 by any professional body and that the Applicant is willing to work in the position which the Client seeks to fill.
7.2 At the same time as proposing an Applicant to the Client the Employment Agency shall inform the Client of such matters in Clause 7.1 as they have obtained confirmation of.
7.3 The Employment 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.
7.4 The Employment Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interest of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
7.5 Not with Standing Clause 7.1, 7.2, 7.3 and 7.4 above the client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any reference provided by the Applicant to it or The Employment Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as maybe required, for the arrangement of medical examinations and/or investigating into medial history of any applicant, and satisfying any medical and or other requirements, professional and/or academic qualifications or permission required by law of the country in which the Applicant is Engaged to work.
7.6 To enable The Employment 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 Employment 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 and 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 risk of health or safety known to the Client and what steps the Clients 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. SPECIAL SITUATIONS
8.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Agency will take all reasonably practicable 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 practicable steps to confirm that the Applicant is suitable for the position. If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
9. LIABILTY
9.1 The Employment shall not be liable under any circumstances for any loss, expense, damage, delay or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in anyway connected with The Employment Business 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 Employment Agency Business to introduce any Applicant.
10. LAW
10.1 These terms are governed by the Law of England & Wales and are subject to the exclusive jurisdiction of the courts of England and Wales .
