These terms and conditions between Alexander Rhodes Associates Ltd (hereinafter referred to as ARA) and an Employer Client (hereinafter referred to as the Client) are deemed to have been accepted once the Client has asked ARA to introduce a candidate for permanent employment or fixed term contract employment, or the Client has agreed to engage or make use of such a candidate in any position of employment or work. Introductions by ARA are confidential and made individually to a Client. The word introduce shall include without limitation the provision ARA of any details whether oral or written of the candidate for permanent or fixed term contract work.
1. The Client shall notify ARA immediately a candidate introduced ARA is engaged.
2. On engagement of a candidate introduced by ARA the Client will be required to pay the appropriate introduction fee within 28 days of the date of ARA invoice.
3. If the Client, without notifying ARA, engages a candidate in any capacity within twelve months of the candidate being introduced by ARA, or if the Client or a member of the Client's staff refers a person introduced by ARA to some other person or body and that other person or body engages the candidate in any capacity whether Temporary, permanent or self-employed, the Client will be liable for an introduction fee for permanent staff at the prevailing rate based on the total first year's remuneration quoted by the client on the registration of the vacancy, without entitlement to a rebate. (Interest at the rate of 2% per calendar month or part thereof will be applied from the date of appointment until payment of the invoice without concession).
4. 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 in the position which the Client seeks to fill.
4.1 The Client shall satisfy itself as to the suitability of the Applicant and The Client is responsible for the taking up of references as to the candidate's qualifications, capabilities, integrity, medical history, and suitability to obtain a work permit for the candidate wherever necessary.
4.2 To enable the Agency to comply with its obligations under clauses 4, and 4.1 above, the Client undertakes to provide to the 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, 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 risks to health or safety known to the Client and what steps the Client 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.
5. ARA can accept no liability whatsoever for any loss, damage costs or expenses howsoever caused which the Client may suffer or for which the Client may become liable arising out of or in connection with or as a result of the introduction to the Client or the engagement by the Client of a Candidate.
FIXED TERM CONTRACTS
6. If the Client engages a Candidate on a fixed term contract through ARA the introduction fee will be apportioned as a proportion to a full year. However, the minimum introduction fee will be applied.
7. If the initial period of a fixed contact is extended, the Client will be liable for the balance of the permanent introduction fee.
8. Fixed term contracts attract no rebate facility.
INTRODUCTION FEES
9. First year's remuneration includes the gross taxable pay not including commission, annual bonus or additions to basic salary and the percentage fee payable is 25% subject to the minimum fee stated below.
10. Where a car is provided the ARA will not include this as part of any remuneration package.
11. A minimum introduction fee of £1000 plus VAT is applicable.
2. Where a discounted introduction fee has been given, the discount is strictly conditional on the invoice being paid within 28 days. Alternatively, the fee will revert to the normal rate as per our terms and conditions of business and all rebate facilities will be forfeited and the invoice will be due for payment immediately.
GUARANTEES OF SATISFACTION
13. In the event of a candidate leaving the Client's employment within 12 weeks of commencement for any reason other than through redundancy, provided that the Client informs ARA in writing or via email of the fact within seven days of termination, and the invoice has been paid in accordance with clause 2, we shall endeavour to seek one replacement at no extra cost to the Client.
14. If we are unable to find a replacement, the Client shall receive a rebate against the fee paid, which shall be calculated as a proportion of the introduction fee as follows:
1 to 4 Weeks 100%
5 – 8 Weeks 100%
9 -12 Weeks 100%
Scale of refund
The above scale of refund only applies in the event that the Client complies with the provisions of clause 2 of these Terms of Business or where the client has agreed to comply with a variation of these terms already agreed in writing.
15. If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency the original introduction fee.
THESE TERMS AND CONDITIONS OF BUSINESS ARE EFFECTIVE FROM 24th May 2018
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. 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. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply. VAT is payable on all charges at the prevailing rate. ARA reserves the right to charge interest on all late payment of invoices raised from the date of the due invoice until the date of payment calculated at the rate of 2% per calendar month or part thereof. If any employee or candidate introduction of ARA is engaged by the Client on a Temporary, Permanent or Self-employed basis these Terms of Business will apply and the Client will be liable to ARA for an introduction fee equivalent to the normal permanent fee. These Terms are governed by the law of [England & Wales/ Scotland/ Northern Ireland] and are subject to the exclusive jurisdiction of the Courts of [England & Wales/Scotland/Northern Ireland].
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