1. This agreement (the“Agreement”) is made between Intelix (the “Company”) acting as an employment agency and the Client. The Client is defined as the Company, organisation or legal person utilising the Company’s services. The Candidate is defined asthe person introduced by the Company to the Client as the job applicant.
2. An introduction of a Candidate shall be deemed to take place when the Company provides the Client with any information (whether in writing or otherwise) which identifies a Candidate, whether or not the Candidate was known previously to the Client.
3. To enable the Company to introduce suitable Candidates, the Client will provide the Company with all relating information on its vacancies including (but not limited to) the anticipated start date, the position and nature of work required, the experience, training and qualifications necessary, the anticipated remuneration package, and any known risks to health and safety.
4. If an appointment (also referred to as a placement) of a Candidate is made by the Client within 12 months of an introduction or anysubsequent reintroduction taking place, the Company’s fees set out in clause 8 below becomes payable by the Client. An appointment is said to take place upon the Candidate becoming employed or engaged by the Client (whether on a permanent, temporary or contract bases and whether directly or indirectly).
5. The Client shall provide the Company with full written details of the appointment and a copy of any job offer made by the Client to the Candidate.
6. The Company’s fee is calculated as a percentage of a Candidates anticipated first year’s total taxable gross remuneration. All fees payable under the agreement are subject to VAT.
7. If the Candidate is appointed on a part time basis or a fixed term of less than 12 months, for the purpose of calculating theCompany’s fees, the Candidate’s remuneration shall be equated to the full time annualised equivalent.
8. The Company’s Fees offered to the Client are as follows:
Up to £39,999 @15%
£40,000 to £59,999 @17.5%
£60,000 and above @20%
Retained search fees are negotiable and flexible on a case by case basis.
9. Candidate Introductions are strictly confidential. The Client shall pay the Company a fee equivalent to 30% of the Candidates anticipated first years remuneration if, within 12 months of an introduction taking place, the Candidate is appointed by (a) an associated or subsidiary organisation of the Client or (b) any other third party to whom the Client has passed the Candidates details to.
10. An invoice for the Company’s fee plus VAT is payable within 28days of its date of issue, after which the Company will be entitled to charge the Client compensation and statutory interest on the sum due pursuant to the Late Payment of Commercial Debts (interest)Act 1998 (as amended). The Client will be liable for the Company’s legal costs or other expenses incurred as a result of non-payment or late payment of the invoice.
11. If the Candidates appointment is terminated within 12 weeks of the commencement of his/her employment with the Client, the Company shall pay a rebate of fees to the Client in accordance with the following scale:
a) Termination within 4 weeks @ 100%
b) Termination within 4 - 8 Weeks @ 50%
c) Termination within 8 - 12 weeks @ 25%
12. No rebate shall be payable if
a) The Candidate is made redundant or an appointment is rescinded for without valid reasoning
b) The Company is not notified in writing by the Client within 14 days of the date the appointment is terminated together with the reasons
c) The Company’s fee is not paid by the Client within 28 days of the date of invoice
d) The cause of termination has no bearing on the Candidates qualification, capability or conduct
13. The Company does not personally obtain references relating to a Candidate. The Client is responsible for ensuring the suitability and capability of a Candidate and for taking references to verify skills, qualifications, character, experience, for seeing that the legal and medical requirements relating to a Candidate have been met and for obtaining any work permit.
14. Except for liability for fraud or death or personal injury resulting from negligence, the Company shall not be liable to the Client in contract, tort, negligence or otherwise for any loss or damage of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits or any indirect consequential loss howsoever arising out of or in connection with the agreement.
15. Each party agrees that, in relation to the agreement it shall comply with its obligations under the Bribery Act 2010All business conducted by Intelix on behalf of the Client, shall be subject to the terms and conditions of the Agreement, which the Client is deemed to accept upon an introduction taking place or by the subsequently requesting to interview any Candidate introduced by the Company.
17. The agreement constitutes the entire agreement between the parties, and supersedes any previous representations or agreements whether recorded in writing or otherwise and applies to the exclusion of any other terms the Client seeks to impose. The agreement may only by varied in writing by authorised representatives of both parties.
18. The agreement shall be governed, construed and take effect in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.