Recruitment Terms

RATES AND TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF


  1. These Terms and Conditions of Business are between Spencer Smiths (hereinafter referred to as the "Agent") and [Client] (hereinafter called the "Client").  The engagement by the Client of an applicant for employment introduced by the Agent shall constitute an acceptance by the Client of the conditions described hereunder.
  2. The Client agrees to notify the Agent immediately a candidate is offered a position within 12 months of the date of initial introduction, with details of the remuneration agreed. Fees will be charged for any person engaged in employment as a consequence of, or resulting from, an introduction, even if the introduction is made indirectly.
  3. Introductions are confidential. Where the Client, employees, associates or representatives of the Client refer an applicant to any other persons or organisations, then an introduction fee is deemed payable by the Client as if the Client had engaged the applicant.
  4. Whilst every reasonable effort will be made by the Agent to ensure the suitability of applicants selected on behalf of the Client, it is the Client who is responsible for establishing the final suitability of applicants, for taking up references concerning the applicant's skills, qualifications and general integrity, obtaining work permits, medical requirements and checking applicants' qualifications as required by the Client or law. 
  5. The Agent cannot accept responsibility for any loss, expenses, damage or delay however occasioned in respect of any applicant, The Agent is engaged as a consultant adviser to the Client. The Client has power of final decision and veto in respect of any application.
  6. The fee is payable to the Agent by the Client on commencement of a candidate introduced by the Agent, within 14 days of the invoice date, calculated as a percentage of total remuneration, in accordance with the scale of fees set out below.
  7. The Agent endeavors to make every reasonable effort to ensure the suitability of candidates selected on behalf of Clients. However, should a candidate prove to be unsuitable and his/her contract is terminated or the candidate resigns within 10 weeks of commencement the Agent should be notified immediately in writing by the Client and providing timely payment of the account has been made, the refund policy below applies.


Scale of fees:

* special rates apply for PSL status.


Contingency:


10% total remuneration to £24,999
15% total remuneration from £25,000 to £49,999
20% total remuneration of £50,000 to £99,999
25% total remuneration of £100,000 and above 


Refund policy:


The Agent will seek to introduce a free replacement. If the Agent is not able to provide one within 3 months, the Client will receive a repayment calculated as a proportion of the introduction fee net of VAT. 10% of the fee relating to a candidate introduced by the Agent shall be refunded for every week of the 10 weeks that the candidate was not in the Client’s employment. 


Executive search:


Fees and costs for executive search assignments will be detailed in a separate assignment proposal following a full briefing between the agent and the Client. All other terms detailed here will apply to retained work unless excluded or varied in the assignment proposal.

 

Temporary placements:


Where a candidate, previously employed through the Agent on a temporary or contract basis, is offered a permanent position then the full fee as calculated under Clause 6 above is due. When a candidate employed on a temporary basis continues to be employed for a period greater than 12 months, the Agent will charge the Client on a continual basis unless otherwise agreed in writing.


Valued Added Tax will be charged on the fee payable by the Client to the Agent at the applicable rate.