Terms of Business
Standard Terms and Conditions of Business for the Supply of Permanent Staff
1. This Agreement constitutes the terms and conditions of business between Alexander Chase Consultants Ltd acting as an Employment Agency pursuant to the Regulations, and the Client and are deemed to be accepted by the Client unless there is written agreement to the contrary.
2.1 AC Ltd – Alexander Chase Consultants Ltd.
2.2 The Client - the party seeking to use the services of AC LTD.
2.3 The Proposal – letters or documents issued by AC LTD and forming part of an Agreement in which the service to be provided and associated conditions are defined.
2.4 Candidates – one or more staff proposed by AC LTD under the terms of this Agreement.
2.5 The Regulations – The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
3.1 AC LTD will use all reasonable endeavours to ensure the suitability of Candidates.
3.2 The Client will provide AC LTD with such information AC LTD may reasonably require including (without limitation) the name of the hiring company and the nature of its business; the date on which it would like the Candidate to commence; the position, type of work, and hours of work the Candidate will do; the location of the work; any risks to health and safety known to the Client; the experience, training, qualifications and any authorization necessary to carry out the work; the minimum rate of pay and any other benefits offered and the intervals at which they would be paid (including any expenses during work and for attending interviews); the length of notice the Candidate would give and receive to terminate employment; and (if the Candidate will have to live away from home) the details of suitable accommodation to be made available to him/her, and that arrangements have been made to enable the Candidate to travel to such accommodation.
3.3 Introductions of Candidates are confidential. If the Client passes any such details on to other employers, resulting in employment by another employer of the Candidate, the Client will be liable to pay fees to AC LTD at the rate set out in 4.1 below .
3.4 If any candidates introduced by AC Ltd are subsequently offered a position by The Client (within 6 months of the original submission date) then a standard fee rate is liable to be paid.
3.5 Should another recruitment company submit the details of a candidate already submitted (within a 6 month period) The Client is obliged to pay AC Ltd fees.
3.6 The Client agrees to notify AC LTD immediately if a Candidate is made an offer of employment. The Client also agrees to notify AC LTD of remuneration details and employment commencement date.
3.7 When making an offer of employment the Client is responsible for taking up references and for ensuring that all local conditions of employment, such as work permits, satisfying medical requirements or matters required by law, have been complied with.
4. FEES AND CHARGES - SELECTION ASSIGNMENTS
4.1 The recruitment fee payable by the Client will be 17.5% of all first year’s income up to £22,499 (minimum fee is £2,000). On an income of between £22,500 pa and £27,499 pa the fee rate becomes 20%. On an income of between £27,500 pa and 32,499 the rate becomes 22.5%. On an income in excess of £32,500 pa the rate becomes 25%. Value Added Tax will be levied at the prevailing rate. Where a motor car is provided the car will be valued at £4,000 and be included in income; if a car allowance is given it will be valued at the actual amount, in the first full year of employment, and be included in income.
4.2 Invoices will be submitted upon the Candidate’s commencement of employment and are due for settlement within 14 days ofthe date of the invoice.
4.3 Should a Candidate introduced by AC LTD leave the employment of the Client (save where the Client dismisses the candidate in circumstances other than gross misconduct) before the expiration of ten weeks from the commencement of employment, then a proportionate refund of the fees chargeable under section 4.1 above will be given at the rate of 10% for each complete week not worked during the first ten weeks, up to 70% of the fee, provided that:
a ) the accounts payable under section 4.1 above have been settled in full in accordance with the conditions specified; and
b) the Client notifies AC LTD in writing within three working days of the termination of the employment.
4.4 AC LTD interview expenses for candidates will be rechargeable to the Client under the terms of the agreement between AC LTD and the Client. Candidates will be advised that they may claim on the basis of standard rail fare, economy class air fare, taxi/bus fares (as appropriate) and meals whilst in transit.
4.5 If after the offer of employment has been accepted by the Candidate, the Client decides for any reason not to proceed with the appointment, it will be liable to pay to AC LTD 50% of the full fee as indicated in Clause 4.1.
4.6 Should the Client or any subsidiary, associate or holding company of the Client subsequently re-engage the Applicant within the period of 12 calendar months from the date of termination, or withdrawal of the offer, a full fee in accordance with Clause 4.1 becomes payable, with no entitlement to a refund.
5. Fees and charges - campaign assignments
5.1 The recruitment fee payable by the client will be contained in a written agreement as an appendix to these terms and conditions. Otherwise, Clauses 4.1 to 4.6 apply.
5.2 Authorised campaign expenditure, including media and advertising production charges, will be invoiced on publication date and is due for settlement within 7 days of invoice date
5.3 Should the Client cancel a campaign once the proposal has been accepted, then the Client will be billed, at the agreed daily consultancy rate, on a time and materials basis, for work already completed by AC LTD and for any costs incurred by AC LTD.
5.4 AC LTD may charge interest on all amounts outstanding after the due dates for settlement at the rate of 2% per month above the National Westminster Bank plc base rate
6.1 AC LTD will use all reasonable endeavours to ensure the suitability of Candidates but AC LTD shall not incur any liability, for loss or damage whether direct or indirect suffered by the Client arising out of any act or omission by the candidate and in particular (but without limitation) AC LTD shall not be liable for any loss of profit or liability to third parties incurred by the Client from the aforesaid.
6.2 This Agreement with the Client is subject to English law and the parties agree to submit to the jurisdiction of the English courts. The parties further agree that any dispute in connection with this Agreement or arising out of its termination will be referred for arbitration.
6.3 No indulgence (whether expressed or implied) granted by AC LTD in respect of any breach of these terms and conditions by the Client shall prevent AC LTD from acting on any subsequent breach.
6.4 Nothing in the Agreement should be interpreted as excluding or restricting any legal liability of AC LTD for death or personalinjury resulting from the negligence of AC LTD.
6.5 All notices required or permitted under this Agreement may be sent to the other party by first class mail to that party's place of business. Such notices shall be deemed to be served upon delivery but in any event no later than the expiry of five days after posting.
6.6 Both the legal and equitable title to all or any copyright or other intellectual property rights in any work which may come into existence pursuant to any order placed or agreement entered into between the Client and AC LTD will, at all times remain vested in AC LTD. No assignment of any rights in any such copyright or other intellectual property whether in the nature of a licence to use the same or otherwise howsoever shall take effect without prior written consent of AC Ltd.
Both the legal and equitable title to all or any copyright or other intellectual property rights in any work which may come into existence pursuant to any order placed or agreement entered into between the Client and AC LTD will, at all times remain vested in AC LTD. No assignment of any rights in any such copyright or other intellectual property whether in the nature of a licence to use the same or otherwise howsoever shall take effect without prior written consent of AC Ltd.
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