Terms and Conditions
In these terms the following words and expressions shall have the following meanings:
‘ Recruitment Consultancy’ means James Monro executive resourcing Limited.
‘Applicant’ means any person, firm or corporate body who uses the services of the Recruitment Consultancy.
‘Client’ means any person, firm or corporate body who uses the services of the Recruitment Consultancy.
‘Engagement’ means the employment of an Applicant in any capacity whatsoever on either a permanent or fixed term contract basis.
‘Fees’ the fees due to the Recruitment Consultancy as set out in paragraph 3.1.
‘Remuneration’ means the total remuneration paid or agreed to be paid to an Applicant in respect of the first year of the Engagement which (so far as possible) shall include the total gross amount of the following: salary, guaranteed profit share or bonus and car allowance..
‘Introduction’ means the submission of an Applicant to the Client by e-mail.
‘Executive Search’ means a recruitment service provided to the Client, which is based on a specific, targeted search and Introduction of Applicants.
‘Network Search’ means a recruitment service provided to the Client which is based on a specific, targeted search including head hunting and Introduction of Applicants.
2. The Contract
2.1 These terms are deemed to be accepted by the Client by virtue of its invitation to interview with or Engagement to the Applicant.
2.2 These terms shall be governed and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts for all purposes in connection with these terms and conditions.
2.3 In the event of a conflict between these terms and conditions and any other agreement, the former shall prevail.
2.4 No variation or alteration of these terms and conditions shall be valid unless agreed in writing by a director of the Recruitment Consultancy.
3.1 In consideration of the services to be provided by the Recruitment Consultancy, the Client shall pay to the Recruitment Consultancy the following Fees:
(a) Where an Executive Search is conducted: a sum equal to 30% of the Applicants Remuneration due in three stages: 1/3 on instruction, 1/3 on presentation of 1/3 on commencement of the Engagement of the Applicant.
(b) Where a Contingency Search is provided: a sum equal to 20% of the applicant’s basic remuneration due on commencement of the Engagement of the Applicant.
(c) Where a Retained Search is provided a fixed fee will be agreed before the search starts and a deposit will be paid in advance. This deposit will be based on a % of the fixed fee. A Retained Search ensures a full committed partnership through the recruitment process.
3.2 Where the Applicant is engaged on a fixed term basis for a period less than one year, the fees shall be calculated on a pro-rata basis.
3.3 Where the Applicant is engaged on a Consultancy basis, the Fees shall be 30% and will be billed on a month by month basis until the end of the Consultancy contract.
3.4 The Fees set out above are exclusive of VAT, which the Client shall be additionally liable to pay to the Recruitment Consultancy.
3.5 The Client shall pay all Fees not later than 30 (thirty) days after the start date by the Applicant. The time of payment of all Fees shall be of the essence. All payments shall be made in full without deduction in respect of any set-off or counterclaim.
3.6 If a fee has been negotiated for a search and is not paid on time (thirty days after the date if invoice), the client will be re-invoiced at the full 30% of guaranteed remuneration.
4.1 The Fees shall be payable where an Engagement takes place at any time within 12 (twelve) months from the date of the Introduction of the Applicant to the Client by the Recruitment Consultancy.
4.2 The Client shall not have the right to assign the benefit of an Introduction made by the Recruitment Consultancy and if a Client directly or indirectly, intentionally or otherwise refers an Applicant to a third party which results in an Engagement of the Applicant by that third party the Client shall be liable to pay the Fees as if the Applicant had been engaged by the Client on the same terms as the Applicant has been engaged by the third party.
4.3 If an Applicant introduced by the Recruitment Consultancy is rejected by the Client at any stage or an Applicant rejects an offer made by the Client and is subsequently employed by the Client in any capacity whatsoever within 12 (twelve) months of rejection, including where an Applicant is re-introduced from another source, the Client shall be liable to pay the Fees.
4.4 Should an Executive Search be changed by the Client for whatever reason or the service required from the Recruitment Consultancy is materially altered by the Client for any reason, then in addition to paying Fees, the Client shall pay an additional charge equal to one third of the Fees for a management charge in respect of the time and effort incurred on the Clients behalf.
5. Refund Guarantee
5.1 In the event that an Engagement is terminated (whether by expiry of notice or otherwise) within 90 (ninety) days of commencement of the Engagement and provided all monies due from the Client have been paid within 30 (thirty) days of the commencement of the Engagement then the Recruitment Consultancy shall find a replacement Applicant at no extra cost to the Client.
6.1 The Recruitment Consultancy will use reasonable endeavours to ensure the suitability of the Applicant but it does not take up references nor seek independent verification of the information supplied by an Applicant. No warranty either express or implied is given by the Recruitment Consultancy as to the suitability of the Applicant for the purposes of the Client or as to the accuracy of any references supplied or qualifications of the Applicant.
6.2 All information given by the Recruitment Consultancy about an Applicant is given in good faith and in reliance of information given to the Recruitment Consultancy by the Applicant. It shall be the responsibility of the Client to take such steps as are necessary to satisfy itself of the suitability of the Applicant and to verify the accuracy of the information supplied by or any statement made by the Applicant. The Client is strongly advised to take up any references provided by the Applicant before Engagement.
6.3 The Client shall be responsible for obtaining all work, security and other permits, verifying professional and academic qualifications, 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 for the position, which the Applicant is sought.
7.1 The Recruitment Consultancy shall not be liable in contract, tort or otherwise for any loss, expense or damage suffered by the Client arising from or in any way connected with the Introduction or Engagement of an Applicant or from the failure of the Recruitment Consultancy to introduce an Applicant or any prospective Applicant.
7.2 Notwithstanding the foregoing, nothing in these terms shall operate to limit the Recruitment Consultancy’s liability for death or personal injury, which occurs as a result of the Recruitment Consultancy’s negligence or that of its employees or agents.
8.1 The Client undertakes to keep confidential the Introduction of the Applicant to the Client and all personal information relating to an Applicant, which is supplied to it by the Recruitment Consultancy. Such information is supplied for use by the Client solely in connection with assessing the suitability of the Applicant for an Engagement and the Client shall not be entitled to pass any such information to a third party, including an associated company.
8.2 The Client shall indemnify the Recruitment Consultancy for any costs, claims, damages and expenses that the Recruitment Consultancy may incur as a result of the Client failing to keep such information confidential.
10.1 Failure by either party to exercise or enforce any right conferred by these terms shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any right on any other occasion.
10.2 If any part, terms or provision of these terms is held illegal or unenforceable the validity or enforceability of the remainder of these terms and conditions shall not be affected.