1. These Terms and Conditions of Business are between GUYAN & ASSOCIATES LTD and/or any subsidiaries or associates or separate names hereinafter called “AGENCY” and Employer Client (the ”CLIENT”) and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third Party following an Introduction by the Agency or the Engagement (which term includes employment or use, whether under contract of service or for services, or under an agency, licensee, franchise or partnership agreement) of an Applicant introduced by the Agency.
These Terms constitute the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2. The Client agrees:
(a) to notify the Agency immediately of any offer of an Engagement which it makes to an Applicant.
(b) to notify the Agency immediately an Engagement is accepted.
(c) to pay the fee of the Agency within 30 days of the date of the invoice.
3. The fee payable to the Agency by the Client for the Introduction of the Applicant is calculated as a percentage of the Applicant’s gross equivalent annualized remuneration subject to a minimum fee chargeable of £1000 + VAT. Motorcars provided to candidates introduced will be assessed as remuneration at the rate of £3,600 pa.
The percentage of the employee’s gross remuneration will be
15% On Remuneration up to £59,999, and
22% On Remuneration of £60,000 and above VAT will be charged in addition to the fee.
In the event that the Engagement is for a fixed term of less than 12 months the fee will apply pro rata, subject to a minimum of 6 months Remuneration. If the Engagement is extend beyond the Initial fixed term the Client shall be liable for a further fee based on the additional Remuneration applicable for the period of the Engagement following the initial fixed term to the termination of the second or subsequent Engagement or the first anniversary of its commencement, whichever is the sooner.
If the Client subsequently engages or re-engages the Applicant within a period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a few calculated in accordance with clause becomes payable.
In the event that an employee of the Agency with whom the client had dealings accepts an Engagement with the Client within 6 months of leaving the Agency’s employment, a fee calculated in accordance with this clause becomes payable.
4. (a) Should the relevant employment terminate before the expiry of ten (10) weeks, (save where as a result of the Applicant being made redundant by the Client), the fee will be rebated in accordance with the following Scale of Rebate.
For engagements terminating
During or at the end of: Rebate
Weeks 1 & 2 100%
Weeks 3 & 4 75%
Weeks 5 60%
Weeks 6 50%
Weeks 7 40%
Weeks 8 30%
Weeks 9 20%
Weeks 10 10%
(b) Rebates will only be given provided that the Client has notified the Agency in writing within seven (7) days of the termination of employment and has paid the Agency’s fee within fourteen (14) days of the date of the invoice.
5. Introductions are confidential. Any information passed to a third party which results in an Engagement renders the Client liable to payment of the Agency’s fee as set out in Paragraph 3.
6. An Introduction fee calculated in accordance with Paragraph 3 of these Terms will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Agency even though the Introduction may be made indirectly.
7. In addition to the Introduction fee the Client shall pay the Agency where appropriate any or all of the following “Recoverable Expenses” such as advertising, Applicants’ travel expenses to attend interview, medical examinations, visa processing, document courier services etc, subject to the Client’s prior agreement and understanding.
8. (a) The Agency endeavours to ensure the suitability of any Applicant introduced to the client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorizations which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the client seeks to fill. Confirmation of the above, as far as such has been obtained, will be provided within 3 days of proposing an Applicant.
(b) The Agency endeavours to take all reasonably practicable steps to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable
the Applicant to work in the position which the Client seeks to fill and further that it would not be detrimental to the interest of either the Client or the Applicant.
(c) Notwithstanding clauses a) and b) above, the Client must satisfy himself as to the suitability of any Applicant and shall be responsible for taking up any references (including the confirmation of any professional or academic qualification) provided by an Applicant and/or the Agency before engaging such Applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and satisfy and medical and other requirements, qualifications or permissions required by law.
(d)To enable the Agency to comply with its obligations under this clause 8 the Client undertakes to provide the Agency details of the position, including the type of work the Applicant will be required to do; the location and hours of work; experience, training, qualifications and any authorizations the Client considers necessary or which are required by law or any professional body; and any risks health and safety known to the Client and what steps the Client has taken to prevent and control such risks; the date the Client requires the Applicant to commence; the duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice the Applicant would be entitled to give and receive to terminate the employment.
9. Where the Applicant is required by law or any professional body to have any qualifications or authorizations to work in the position, the Agency will take all reasonable steps to obtain and offer to provide copies of any relevant qualification or authorizations of the Applicant; two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practical steps it has taken to obtain the information in any event.
10. The Agency shall not be liable to the Client 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 Agency seeking an Applicant for the Client or from the failure of the Agency to introduce any Applicant.
11. This Agreement shall be governed by and construed in accordance with the laws of England & Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England & Wales.
166 Moor Lane
Essex, RM14 1HE