Introduction Terms
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1 Definitions
In these Terms and Conditions the following definitions apply: "The Search Consultancy": means Executive
Profiles, a trading name of SSR® Personnel, Executive Profiles Ltd
and Group Companies.
2 The Contract (A) These Terms and Conditions are deemed to be accepted by the Client by virtue of an interview with or the Engagement of the Applicant. (B) No variation or alteration to these Terms and Conditions shall be valid unless approved in writing by a Director of The Search Consultancy.
3 Notification and Settlement Terms
(A) In the event that the Engagement is accepted by the Applicant the Client shall notify The Search Consultancy immediately and provide details of the Remuneration. (B) The Client shall pay The Search Consultancy's invoices within 30 days of date of invoice. The fee payable by the Client is calculated in accordance with the accompanying scale of fees according to the Remuneration payable to or receivable by the Applicant during the first twelve months of the Engagement notwithstanding that the Engagement may be terminated during that period. All fees are subject to the addition of VAT. The Replacement Guarantee permits one
replacement Applicant to be appointed within 26 weeks of the
original Applicant’s starting date. Otherwise the rebate
terms will apply as detailed below.
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4 Indirect Introduction
The Client shall be liable to pay The Search Consultancy 's fee in accordance with Clause 3(B) if the Client engages or refers the Applicant to any third party within 12 months of the initial introduction and that third party engages the Applicant or in any event where an engagement results directly or indirectly from the introduction of The Search Consultancy. The Replacement and Refund Guarantee shall not apply to any indirect introductions, and fees charged will be in accordance with our terms.
5 Replacement and Rebate
(A) If the Client pays The Search Consultancy's fees within the periods prescribed in 3(B) and the Engagement terminates within the specified rebate periods and written notification of termination is received within 14 days the Client will be entitled either to a Replacement Applicant or a rebate in respect of the fees paid. (B) In the event that the original Applicant is subsequently re-engaged by the Client, its subsidiary or associated companies or any third party introduced by the Client within the period of 12 months from the date of termination of the Engagement the Client shall pay The Search Consultancy's fee calculated in accordance with Clause 3(B).
6 Suitability
The Search Consultancy endeavours to ensure the suitability of the Applicant: Notwithstanding this the Client shall take such steps as it deems necessary to satisfy itself as to the suitability of the Applicant and is responsible for taking up any references provided by the Applicant and/or The Search Consultancy before engaging the 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 the Applicant, and satisfying any medical and other requirements or qualifications required by law.
7 Liability
The Search Consultancy shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or Engagement of any Applicant or from the failure of The Search Consultancy to introduce an Applicant. Introduction Fees for Retained Search Assignments undertaken for "Retained Search" will be charged at 25% of the first year's salary, payable in three instalments:
(i) 33% on acceptance of assignment. (ii) 33% upon presentation of shortlist. (iii) Balance on Candidate's acceptance of the post.
Such expenses as pre agreed with the Client will
be charged at cost. |
These terms are effective from January 2009
