- In these Terms of Business the following definitions apply:
| “Company” |
means Peoplelinx Ltd, Holborn House, 9 Holborn Crescent, Tattenhoe, Milton Keynes, MK4 3EQ. |
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| “Client” |
means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Candidate is introduced. |
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| “Candidate” |
means the person introduced by the Company to the Client. |
- These Terms of Business constitute the contract between the Company and the Client and are deemed to have been accepted by the Client by virtue of an introduction or engagement of a Candidate, directly or indirectly, whether under a contract of service or a contract for service by the Client.
- No variation to these Terms of Business can be made without written agreement of a Director of the Company.
- The Client agrees:
- to notify the Company immediately of any offer of an engagement which it makes to the Candidate.
- to notify the Company immediately if any offer of an engagement to the Candidate has been accepted and to provide remuneration details of the Candidate to the Company.
- to pay the Company fee within 28 days of invoice date.
- The Company reserves the right to charge interest on invoiced amounts remaining unpaid for more than 28 days from invoice date at the rate of 5% per annum above the base rate of HSBC Bank.
- i. The fee payable to the Company for an introduction of a Candidate
resulting in an engagement of that Candidate on an employed, self-employed or sub-contractor basis, is calculated in accordance with the
following fee structure:
| Commencing Annual Salary* |
Company Fee |
| |
|
| Up to £24,999 |
20% |
| £25,000 - £34,999 |
25% |
| £35,000 + |
30% |
*Includes base salary or fees, guaranteed bonus or commission earnings, any allowances (taxable or otherwise), benefits and all emoluments payable to the Candidate for services rendered to or on behalf of the Client. Where the Client provides a company vehicle, a notional amount of £3,000 will be added to the salary in order to calculate the Company fee.
ii. In the event of the Client cancelling the engagement after an offer of an engagement has been made to the Candidate, a cancellation fee of 25% of the Company fee (which would have been applied had the engagement not been cancelled), becomes payable to the Company.
iii. If the Client subsequently engages or re-engages the Candidate within 6 months from the date of termination of the engagement or withdrawal of the offer of an engagement, a full fee calculated in accordance with the above fee structure becomes payable to the Company by the Client.
iv. Introductions of Candidates to the Client are strictly confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in an engagement by that third party within 6 months of the introduction, a full fee calculated in accordance with the above fee structure becomes payable to the Company by the Client, with no entitlement to refund.
v. If a Candidate is engaged as a consequence of or resulting from an introduction by or through the Company, whether direct or indirect, within 6 months from the date of the Company’s introduction, a full fee calculated in accordance with above fee structure becomes payable to the Company by the Client.
- i. The following scale of refund applies in the event that the
Client complies with the provisions of Clause 4 of these Terms of Business.
| Week in which Candidate Leaves |
% of Company Refunded |
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0 – 1 Weeks
|
100% |
| 1 – 2 Weeks |
90% |
| 2 – 3 Weeks |
80% |
| 3 – 4 Weeks |
70% |
| 4 – 5 Weeks |
60% |
| 5 – 6 Weeks |
50% |
| 6 – 7 Weeks |
40% |
| 7 – 8 Weeks |
30% |
| 8 – 9 Weeks |
20% |
| 9 – 10 Weeks |
10% |
ii. No refund shall be due from the Company if the termination of employment is by reason of death or physical incapacity of the Candidate.
- i. The Company will endeavour to take all steps as are reasonably
practicable to ensure that the Client and Candidate are aware of any
requirements imposed by law or any professional body to enable the
Candidate to work in the position which the Client seeks to fill.
ii. The company will endeavour to take all steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate for the Candidate to work in the position which the Client seeks to fill.
iii. The Client shall satisfy itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate to it or the Company before engaging the Candidate. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, and satisfying any medical and other requirements, qualifications or permission required by the law of the country in which the Candidate is engaged to work. The Client accepts that failure in this regard will not alter the liability of the Client to the fee payable to the Company in accordance with the fee structure set out in Clause 6 of these Terms of Business.
- The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company seeking a Candidate for the Client or from the failure of the Company to introduce any Candidate.
- This agreement shall be governed and construed in accordance with English law and both parties submit to the non-exclusive jurisdiction of the English courts for all purposes relating to this agreement. If any part of this agreement is declared by any judicial or other competent authority to be unenforceable or if indications to that effect are received from any competent authority, such part shall be severed from the agreement and the remaining parts shall remain in full force and effect.
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