|Recruitment terms & conditions
TERMS & CONDITIONS OF BUSINESS FOR
INTRODUCTION OF APPLICANTS FOR ENGAGEMENT
This Agreement is made:
1. "The Company" Project Service Solutions Limited (trading as PSS-Europe), Company registration number 4347030 whose registered office is at 4 Peckmoor Drive, Greenham, Thatcham, Berkshire RG19 8BX.
2. "The Client" whose name address registered office and company registration number is shown at the foot of this Agreement where the Client shall execute this agreement.
1.1 In this Agreement:
"Affiliate" means any company partnership or other entity which directly or indirectly controls is controlled by or is under common control of either the Client or the Company or of the Applicant or in the case of the Applicant has any contractual or business relationship with the Affiliate.
"Applicant" means any person introduced by the Company for an Engagement or who has worked for the Client or any Affiliate of the Client in any temporary capacity pursuant to a contract between the Company and the Applicant or any Affiliate of the Applicant.
"Control" means the legal power to direct or cause the direction of the general management and policies of the party in question.
"Engagement" means a contract of employment or a contract for services between the Client and an Applicant or his Affiliate whereby the Client shall pay the Applicant or his Affiliate for the services provided to the Client.
"Remuneration" means the first 12 months salary excluding all allowances weightings contractual bonuses and benefits with a monetary value payable in respect of the Engagement.
1.2 The headings in this Agreement are inserted only for convenience and shall not affect its construction.
1.3 Where appropriate words denoting a singular number only shall include the plural and vice versa.
2. Acceptance of Terms:
These terms and conditions of business shall govern any Engagement of an Applicant by the Client who shall be deemed to have accepted these conditions by interviewing and/or engaging the Applicant.
3. Notification of Engagement
The Client shall notify the Company immediately an Engagement is agreed with an Applicant. The notification shall contain the commencement date and full details of the Applicant's Remuneration.
The Client shall pay the Company an introduction fee for the Engagement of the Applicant calculated at the rate of 15% of the Applicant's annual Remuneration. VAT at the rate prevailing at the date of invoice shall be payable on the fee (if applicable).
4.2 The Client shall pay the fee provided by clause 4.1 to the Company within twenty working days of the commencement of the Engagement.
4.3 The Company shall be entitled to charge interest at three per cent over the base-lending rate of Barclays Bank Plc from the date when payment falls due until actual payment.
5.1 In the event that an engagement terminates (whether by expiry of notice or otherwise) within 10 weeks of the date of commencement of work by the Applicant and provided:
(i) The Client notifies the Company in writing of the termination of engagement within five working days of such termination; and
(ii) The Client or its subsidiary or associated company shall not engage the Applicant within twelve months from the date of such termination; and
(iii) The termination is not due to redundancy; and
(iv) All monies due from the Client have been paid in accordance with these terms and conditions then the Company shall endeavor to find a replacement at no extra cost to the Client except for agreed additional advertising costs.
If the Company does not find a replacement within 12 weeks it shall refund the fee paid under Condition 4 above as per condition 5.2 below (calculations being done to the nearest week).
5.1.1 The Client notifies the Company of the fact of termination of the Engagement within five working days of the date upon which notice to terminate the Engagement was given by the Applicant or the Client. The Client's notification to the Company shall contain particulars of the reason for termination and where written notice has been given by the relevant party a copy of the notice and
5.1.2 The Client shall have paid the fee provided in clause 4.1 before the date on which it notifies the Company of the termination of the Engagement (except in the case of a termination which takes effect before the commencement date of the Engagement) and
5.1.3 The Client has paid the fees strictly within the terms of 4.2
5.1.4 There are no other fees or claims outstanding between the Company and its Affiliates and the Client and its Affiliates.
5.2 The rebates payable in respect of any such termination and subject to the conditions set out in clause 5.1 are as follows:
Scale of Refunds
10% of the fee relating to an Employee terminated within 10 weeks of commencement of Engagement shall be refundable by the Company to the Client for each week of the initial 10 weeks that the Employee was not engaged.
In the event that the Client or any Affiliate of the Client:
6.1 Engages the Applicant or any Affiliate of the Applicant within twelve months of the date upon which the Client first interviewed the Applicant introduces the Applicant or any Affiliate of the Applicant to any other person firm or company
6.2 Re-engages the Applicant or any Affiliate of the Applicant within six months of the date when a termination of the Engagement took effect the Client shall pay the Company a fee calculated in accordance with clause 4 of this Agreement except to the extent that any other person, firm or company to which the Applicant was introduced by the Client pays such fee to the Company.
7. Enquiries References & Liability
7.1 The Client shall make its own enquiries as to the suitability and previous employment records and qualifications of the Applicant and shall obtain its own references for the Applicant.
7.2 The Client shall be responsible for obtaining any work or other permits and for arranging any medical or other examinations, which it may require prior to the commencement of the Engagement.
7.3 The Company shall not be liable for any loss damage or expense of a direct, indirect or consequential nature suffered or incurred by the Client or its Affiliates as a result of the Client or its Affiliates entering into an Engagement with the Applicant or through any act or default of the Applicant.
8.1 Any notice or other document to be given under this Agreement shall be in writing and shall be deemed to have been duly given if left at or sent by first class post or facsimile or other electronic media addressed to the other party at the address or relevant telecommunications number stated in this Agreement for such party or such other address as may from time-to-time be designated by notice in writing.
8.2 Any notice or other document shall be deemed to have been received by the addressee two working days following the date of despatch by post or where the notice is sent by hand or is given by facsimile or other electronic media on the working day on which the transmission is made.
9. Advertising and Interview Expenses
All prior agreed advertising costs together with travel and interview expenses will be charged to the client as incurred.
10. Introductions are confidential.
The passing on of an introduction to another employer that results in an engagement renders the Client liable to payment of the Company's fee as set out in Condition 4.
11. Whole Agreement
This Agreement represents the entire agreement between the parties and may not be amended varied or modified in any manner except in writing signed by a duly authorised officer or representative of each of the parties.
SIGNED for and on behalf of PSS-Europe
SIGNED for and on behalf of the Client
Company registration number:
Registration Number 4347030