Terms & Conditions of Business
These terms & conditions of are between Executive Search Wales (hereafter called the Agent) and any individual, partnership or company (hereafter called the Client) to whom the Agent refers an applicant for interview.
On accepting an applicant referred by the Agent for interview, the client is accepting these terms and conditions of business as the Contract between the parties. The Client shall immediately advise the Agent in the event that the Client or company associated with the Client engages an applicant or agrees to make use of or use the services of an applicant introduced by the Agent in the position offered or in any other position within six months of the date of referral by the Agent to the Client. In this event, the Client shall pay to the Agent the introduction fee (as defined in the clause below) immediately upon receipt of the invoice.
The fee payable to the company by the client is subject to value added tax at the standard rate and is calculated at 15% percent of the annual starting salary (including anticipated commission and taxable emoluments). There is a minimum charge of £1,000 if the total or part of the remuneration of the person appointed is expected to be in the form of commission or bonus.
The introductions made are confidential. If the Client or any representative or employee of the Client refers the applicant to any other person, firm or corporation within six months of the initial introduction, and that person, firm or corporation engages the applicant on a permanent, temporary/contract, self employed or freelance basis, then the introduction fee as detailed above will become payable by the Client as though the Client themselves had engaged the applicant.
The Agent agrees to make every reasonable effort to ensure the suitability of applicants introduced to the Client. Whilst every effort is made to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from the applicants introduced, the Client should satisfy himself on all such matters. The Client is advised to obtain a medical examination before engaging an applicant and to establish that the applicant has the necessary licenses, authorities and work permits where applicable.
Not withstanding any representation or information given to the Client, the Agent accepts no liability whatsoever on behalf of himself, his servants, or agents for any loss, expense, delay or damage, pecuniary or otherwise, consequential or not that the Client, his servants, agents, customers or others may suffer or become liable for arising from the introduction to or employment of any applicant, except for liability for death or personal injury arising out of the negligence of the Agent. The Client is strongly advised to obtain his own insurance against such matters. No warranties, conditions or representations, express or implied, statutory or otherwise are given to the Client by the Agent.
These terms and conditions of business may not be varied except by the express permission of the Agent in writing.
The Agent reserves the right to invoice a surcharge to the Client of 5% of all outstanding amounts per month for delays in payment after 30 days have elapsed from invoice date and the Client will accept this charge for payment on receipt of invoice. All invoices are liable to VAT at the prevailing rate.
Should the applicant, having taken up employment, leave before the completion of the tenth week of employment, the following rebates will be allowed at the direction of the Agent, provided the invoice is paid within 14 days of invoice date. The percentage rebates will be calculated as follows:
Period of Employment Rebate
1-2 weeks from date of commencement 100% rebate or free replacement
3-4 weeks from date of commencement 50% rebate
5-8 weeks from date of commencement 25% rebate
9-12 weeks from date of commencement 10% rebate