Terms & Conditions
All and any business undertaken by Candover Green is transacted subject to the conditions hereinafter set out each of which shall be incorporated or implied between Candover Green and its Clients.
1. The Company is an employment agency as defined in the Employment Agencies Act 1973. For the avoidance of doubt, the Company has not been granted any authority to act for the Client for the purpose of entering into any contract on its behalf.
2. These Terms and Conditions of Business are between Candover Green and the Employer/Client (hereinafter called the Client) and are deemed to be accepted by the Client by virtue of an interview, engagement or any form of contact with a Candidate howsoever introduced by Candover Green within a period of one year from the date of introduction.
3. The Client agrees to notify Candover Green immediately upon the Client making to a Candidate an offer of employment or any business arrangement and the Client also agrees to again notify Candover Green immediately upon any offer being accepted by a Candidate. Candidates, firms or companies are introduced to Clients on the explicit understanding that if an offer of employment or of any business arrangement is made within 12 months of the introduction, Candover Green are informed immediately of the offer by the Client in writing and a fee immediately becomes payable at the appropriate rate at the time in question if an engagement results. The Client agrees to supply Candover Green immediately upon request copies of all letters, memoranda etc, from the Client to the Candidate, or vice versa, and all letters to and from any third parties concerning the Candidate.
4. The word 'introduction' means any form of contact brought about by Candover Green either directly or indirectly through any third party, between any Candidate of Candover Green and any Client. This applies whether or not the Client knew of such Candidate previously. A 'Candidate' of Candover Green is any person or body who has any form of contact with a Client of Candover Green which is brought about either directly or indirectly by us. 'Client' means any person or body to whom a Candidate of Candover Green is introduced by Candover Green.
5. If an employed or self-employed partner of Candover Green or any of its subsidiary companies is engaged by the Client on a contract, permanent or part-time, or self-employed basis these Terms of Business will apply. No rebate scale shall apply whatsoever under these circumstances.
6. A fee becomes due to Candover Green immediately upon the start of any employment or commencement of any business arrangement with any Candidate, firm or company introduced by Candover Green and Candover Green will present to the Client an invoice for any such fee on or shortly after any such commencement date.
7. Our terms of business are strictly that Candover Green must receive all fees within 30 days of the date of any invoice presented unless agreed by prior arrangement. Should any invoice remain unpaid for a period of 14 days thereafter:
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a. any refund which may become due is void and full payment will be due by a Client, and |
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b. we shall have the right to charge interest at the rate of 5% of the total unpaid amount due and a further invoice for this amount will immediately be submitted to the Client which itself must be paid within 30 days of the invoice. For each further period of 30 days for which some or all of the original invoice, or any subsequent invoice, remains unpaid Candover Green will submit a further invoice charging interest at the rate of 5% of any amount still unpaid under any previous invoice; and |
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c. any discounts on fees agreed by Candover Green immediately become null and void and the full fee which would have been payable without any such discounts will immediately become payable and Candover Green will immediately submit to the Client a further invoice for the excess now due which invoice will be payable within 30 days of the date of invoice. |
8. In the case of a retained assignment, the retainer and shortlist fees plus all expenses incurred are payable even if no appointment is made. No credits are given provided the stipulated work has been completed. The assignment will continue until filled or withdrawn. If during the course of the assignment the job specification is altered, resulting in the position having to be re-recruited or re-advertised, an additional working fee and costs of re-advertising will be payable. Should the assignment be terminated after shortlist stage, 50% of the completion fee will be charged. Should the assignment be filled from an alternative source after commencement of the assignment 50% of any residual fees, plus all expenses incurred, become payable immediately.
9. If a permanent engagement or business arrangement with a Candover Green Candidate is lawfully terminated (which shall be deemed to include, inter alia, and by way of example only, the fact that the said termination must not be an unfair one for the purposes of the Employment Rights Act 1996 or any legislation which supersedes this), for any reason other than redundancy, within three months from the start date, then subject to clause 7 above, a refund is due as follows:
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a. Within one month, 75% of the fee; |
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b. Within two months, 50% of the fee; |
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c. Within three months, 25% of the fee. |
This refund will be void if there is any serious misrepresentation of the facts by the Client. In addition a refund from Candover Green only becomes payable strictly provided that:
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a. The Client notifies Candover Green in writing of the termination of employment for whatever reason within 7 days of the said termination; and |
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b. That the Client or any subsidiary or associated company of the Client provides written confirmation to Candover Green at the time in question that they shall not engage the Candidate in any way within 6 months from the date of termination; and |
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c. in any event is subject to clause 6 above. |
10. Introductions are confidential. Should a Candidate, introduced to a Client be passed on to a third party, with a resulting engagement, or should a third party engage a Candidate in any way as a result of the actions of a Client, then the original Client will be liable for payment of a fee on the normal basis as set out in these Terms and Conditions of Business.
11. Whilst every endeavour is made to ensure a satisfactory service, no responsibility can be accepted for any damage or loss occasioned by arising from or in any way connected with Candover Green seeking a Candidate for the Client or providing the introduction of a Candidate or the engagement of any Candidate. We advise Clients to check all references in depth and we can assist in the reference checking process if required. It is strictly understood that any Client must satisfy itself as to the suitability of a Candidate and the duty is on the Client to take up and deal with any references and to institute fidelity bonding. It is also the Client's responsibility to obtain a work permit for the Candidate where necessary and to make any relevant checks on the Candidate for the purposes of immigration and related legislation. The Client is also responsible for satisfying any other requirement or qualifications required by law or practice. It is understood that by offering employment or any business arrangement to a Candidate, the Client has interviewed this person to the Client's satisfaction. Introduction of Candidates to Clients is totally confidential, Clients must not, under any circumstances, approach companies by which any Candidate introduced by Candover Green is or has ever been employed, without prior permission from either Candover Green or the Candidate. Furthermore, notwithstanding the Client's duty to satisfy itself with regards to references etc. as set out in the paragraph immediately above, Clients must not approach a Candidate's current or past employer with a view to any enquiry regarding the Candidate until an offer of employment or commencement of any business arrangement has been made by the Client (which can be made subject to satisfactory references) and this offer has been accepted by the Candidate.
12. Fees are charged as a percentage of the first year's gross remuneration. The anticipated first year's remuneration shall include basic salary, plus any bonus deemed to be a 'sign on' or 'joining' bonus as outlined in the Candidate's letter of offer or contract of employment. In the case of a retained assignment, if the anticipated remuneration falls within a range, the retainer and shortlist fees will be based on the mid-point of the range.
13. In the event of a guarantee or retainer for a period of less than twelve months, the fees shall be charged on the basis of the pro-rata appropriate percentage of the period of the first twelve months. A minimum charge of £2,500.00 will apply.
14. In the event of an interim appointment, guarantee or retainer for a period of less than twelve months, the fees shall be charged on the basis of the pro-rata appropriate percentage of the period of the first twelve months. A minimum charge of £2,500.00 will apply.
15. Fees:
Retained
A fee of 30% of the first year's anticipated total remuneration is payable in three stages:
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a. A retainer fee of 10%, or minimum fee of £5,000.00 of the anticipated first year's remuneration will be invoiced on instructions to proceed with the assignment. Work will commence on agreement of Candover Green Payment Terms for the retainer invoice. Candover Green reserves the right to postpone all work until the retainer has been paid. |
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b. A shortlist fee of 10% of the anticipated first year's remuneration will be invoiced after the completion of the initial interviews and on presentation of the shortlist to the Client. |
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c. A completion fee equivalent to 30% of the actual first year's remuneration offered to the successful Candidate less the amount invoiced as retainer and shortlist fees will be invoiced immediately upon the start of the Candidate's employment. |
Contingent
A fee of 25% of the first year's anticipated total remuneration will be invoiced immediately upon the start of the candidate's employment.
16. In the case of Candidates remunerated on a commission-only basis or any other payment method where there is no basic salary, a minimum flat fee of £10,000.00 will be charged. If a guarantee is paid to a commission-only Candidate or to a Candidate with no basic salary, the fee will be calculated in accordance with our fees in clause 11. A minimum fee of £10,000.00 will still apply.
17. VAT is payable on our fees and is charged at the prevailing rate.
18. Additional Costs
Advertising, artwork and production costs will be invoiced to the Client in advance of placement of the advertisement. We ask that the invoice is paid strictly within 30 days of invoice date.
Expenses are kept to a minimum and charged to the Client every month or on completion of the assignment, whichever is earlier. We recommend that Candidates' interview expenses be sent directly to the Client. Candover Green's interview sundries, travel related and communication expenses are invoiced to the Client at cost. Our charges are 40p per mile for car travel and 20p per minute for calls made. Any major expense will be cleared with the Client prior to commitment. We ask that all invoices be paid within 30 days of invoice date.
19. These Terms supersede any other previous Terms and Conditions of Business or any other agreed Terms. |
