STANDARD TERMS OF BUSINESS
Recruitment services performed by Excalibur Recruitment Ltd or any of its associates whereby applicants for employment (“Applicants”) are introduced to Clients (“Client”), shall be subject to the following terms and conditions:
1.1. In these Terms of Business the following definitions apply:
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 members of the Agency’s own staff;
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;
means Excalibur Recruitment Ltd.
means the engagement, employment or use of the Applicant by the Client or any third party in the period of 12 months following the introduction by the agency. This engagement may be 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 Applicant is an officer or employee;
means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant;
Includes the applicant’s full basic salary.
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 an “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 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 of Business shall be valid unless the details of such variation are agreed between the “Agency” and the “Client” stating the date on or after which such varied terms shall apply.
2.4 These terms will remain in place for all future introductions by the “Agency” to the “Client” unless superseded by further signed terms.
3. NOTIFICATION AND FEES
3.1 The client agrees:
- To notify the Agency immediately of any offer of an Engagement which it makes to the applicant.
- To notify the agency immediately that its offer of an engagement to the applicant has been accepted and to provide details of the remuneration to the Agency by supplying a copy of the written agreement; and
- To pay the Agency’s fee within 7 days of the date of invoice.
3.2 The client incurs no fee until the applicant commences the engagement when the agency will render an invoice to the Client for its fees. The Agency reserves the right to re invoice at the full non discounted rate as detailed in the schedule of charges should the invoice amount remain unpaid for more than 7 days and in addition reserves the right to charge interest at the rate of 8% per annum above the base rate of the Bank Of England from the due date until the date of payment.
3.3 The fee payable to the Agency by the client for an introduction resulting in an engagement is calculated within the following schedule of charges
Schedule of Charges
- Employed – The amount equal to the standard terms of business of 20% of the remuneration applicable during the first 12 months discounted with a minimum fee of £1500.00 Subject to payment received in line with 3.1(c)
- Self Employed – A fixed rate of £2500
Subject to payment received in line with 3.1(c)
3.4 In the event that the engagement is for a fixed term of less than 12 months, the fee in clause 3.3 will apply pro rata subject to the minimum charge as outlined in 3.3a. If the engagement is extended beyond the initial fixed term or 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 addition remuneration applicable during the first 12 months of engagement.
3.5 If the applicant’s remuneration is increased at any point in the first six months following the engagement then a further fee will become applicable to that part.
3.6 Where the amount of the actual Remuneration is (i) Not known, (ii) misrepresented to the agency by the client or (iii) considered by the agency to be considerably below comparable engagements in the market generally the agency will charge a fee calculated in accordance with clause 3.5.
- All fees are subject to VAT.
4. REPLACEMENT STRUCTURE & CREDIT NOTES
4.1 Where the applicant leaves employment with the client within the period as outlined in 4.2 the client will qualify for a replacement or credit note provided that the client:
a.) has paid the invoice in line with 3.1(c)
b.) notifies the agency in writing within 7 day of its termination of engagement and has adhered to all items within 3.1.
c.) The termination is not due to redundancy or the liquidation, bankruptcy, dissolution or amalgamation of the employer.
4.2 In the event that a replacement has not been found then a credit note based on the original invoice will be issued in line with the scale below subject to 4.1 dependent on the final pay date to be used against future payments.
Termination Period Credit Note
1-4 Weeks from Engagement 100%
4-8 Weeks from Engagement 50%
9-12 Weeks from Engagement 25%
4.3 This credit note is only applicable to be redeemed against full permanent placements and not to fixed term appointments.
4.4 If following a credit the applicant resumes the engagement with the client or any subsidiary or associated agency of the client a full fee calculated in accordance with clause 3 becomes payable with no further entitlement to a credit or refund.
5. CANCELLATION FEE
5.1 If after of offer of engagement has been made to the applicant, the client decides for any reason to withdraw it, the agency reserves the right to charge a minimum fee of £1500.00
6.1 Introductions of applicants are confidential. The disclosure by the client to a third party of any details regarding the applicant introduced by the agency which results in the Engagement with that third party within 6 months of the introduction renders the client liable to the payment of the agency’s fee as set out in clause 3 with no entitlement to any credit or replacement.
6.2 An introduction fee calculated in accordance with clause 3 will be charged in relation to any applicant engaged as a consequence of or resulting from an introduction by or through the agency, whether direct or indirect, within 12 months from the date of the agency introduction.
6.3 If the client has already received the CV from another party the client must notify Excalibur Recruitment of this within 48 hours of receipt from Excalibur Recruitment or it will be deemed an Excalibur Recruitment introduction.
7. SUITABILITY, REFERENCES AND LIABILITY
7.1 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 authorisation 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 to work in the position which the Client seeks to fill.
7.2 The 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.
7.3 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 Applicant for the Applicant to work in the position which the Client seeks to fill.
7.4 Notwithstanding clauses 7.1, 7.2 and 7.3 the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant. 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 Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
7.5 To enable the Agency to comply with its obligations under clauses 7.1, 7.2 and 7.3 the Client undertakes to fully complete, sign and return the Terms of Business. The Client accepts full responsibility for any matters arising from their failure to do so.
7.6 The Agency shall not be liable 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. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own
8. VARIATION OF TERMS
Any variation of or change to the terms herein shall be valid only if expressed in writing signed by a Director of Excalibur Recruitment Ltd and must be detailed in a specific communication related to terms of Business and not within a generic email.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
10. DATE OF AGREEMENT
These Terms and Conditions are dated as below and supersede all Excalibur Recruitment previous Terms and Conditions for Permanent Recruitment.
Signed On Behalf Of Excalibur Recruitment By Steven Hester