TERMS & Conditions of business Permanent RECRUITMENT SERVICE
The terms and conditions below shall govern the provision of permanent recruitment services undertaken by Jefferson Wolfe Ltd (“we”, “our” or “us”) to CLIENT NAME (“you”).
These terms and conditions shall be deemed to have been accepted by you upon any of the following events namely; the signature of these terms and conditions by you, or upon you interviewing a candidate, or upon you contacting us to discuss or seek further information about any candidate, whose details have been provided to you by us, whichever event occurs earlier. These terms and conditions shall supercede and replace any other terms and conditions previously agreed between us.
Notification of Hire
CLIENT NAME undertake to notify us immediately upon you or an associate company or a subsidiary company agreeing an engagement (whether on a permanent or temporary basis and whether directly or indirectly through another legal entity) with any applicant who has been introduced by us or whose details have been supplied by us during the preceding 12 months and pay to us a placement fee amounting to a percentage of agreed gross annual salary as specified below.
Gross annual salary is deemed to include weightings, allowances, Guaranteed bonuses, guarantees or similar taxable allowances and benefits including but not limited to company cars and car allowances. Company cars will be valued at €5000 and car allowances at their annual monetary value.
If a candidate interviewed for a permanent role is interviewed and subsequently hired from us initially on a temporary or contract basis on agreed temporary or contract terms with ourselves, then should the candidate then be engaged on a permanent basis by you or an associated company or subsidiary company then where a placement fee becomes due from you under such agreed temporary or contract terms, the placement fee due shall be calculated in accordance with such agreed temporary or contract terms but based on the scale of Fees detailed in these terms and conditions on the day the candidate becomes a permanent employee.
For the avoidance of doubt should an engagement result from CLIENT NAME passing on the applicants CV or contact details to an associated company or subsidiary of CLIENT NAME or any other third party, then you will be liable to pay the placement fee in respect of such engagement in accordance with these terms.
You acknowledge that we have undertaken considerable resource in sourcing candidates for you and appreciate that we incur additional expenses in ascertaining whether our candidates have been employed in positions for which we have referred them during the 12 months following our introduction. Accordingly, you agree that in the event that you or an associate or subsidiary company or a third party engages a candidate introduced by us or whose details have been supplied by us during the preceding 12 months and fail to notify us of such engagement in accordance with these terms and conditions, you will be liable to pay an additional fee of 5% of the gross annual salary of the candidate. You acknowledge that this represents a genuine pre-estimate of the additional expenses we incur as a result of your breach of these terms and conditions.
Our fee percentage for the provision of permanent recruitment services is a flat fee of 25%.
If the candidate is hired on a fixed term basis, a scale of charges based on the placement fee as above becomes due on the first day. This scale depends on the length of the fixed term contract as follows: 0 – 6 months – 80%, 6 - 9 months – 90%. Any employees hired on a fixed term longer than 9 months will be charged at 100% of the placement fee as above.
You will be invoiced on the day the applicant starts employment with you. The fee becomes payable 14 days from the invoice date. If the offer of employment is withdrawn prior to the candidate starting, the full fee remains due.
In the event that you fail to make a payment by the required date, we reserve the right to charge daily interest at 5% above the Lloyds TSB rate, with interest commencing from the time payment becomes due
Where CLIENT NAME retain our services for a specific recruitment assignment, we and CLIENT NAME will agree the charge for these services with you and confirm them to you in writing. We will invoice CLIENT NAME for this charge and this shall be due and payable within 14 days of the invoice date.
Any advertising charges will be agreed with CLIENT NAME and shall be due and payable within 14 days of the invoice date.
Refund of Placement Fee
Provided that our placement fee has been settled in full within our stated terms of payment, should the employment terminate within the first 4 weeks, then you will receive a 75% rebate or credit note, weeks 5-8, 50%.
No credit or refund will be made unless we are notified in writing within 15 days of the effective date of termination.
If a candidate does leave the employment in the first 8 weeks, we will have the opportunity to refill the role exclusively for a period of 4 weeks from the notification date at the agreed rates, with the refund due deducted from the invoice.
No refund shall be payable if the cause for termination of employment has no bearing to the applicants’ qualifications, conduct or ability to do the job, or if the applicant is made redundant. Any termination of the candidate’s employment by reason of conduct or competency must be by reason of gross misconduct or gross incompetency and must be justified to our reasonable satisfaction.
Whilst every endeavour is made by us to introduce satisfactory applicants to you, and notwithstanding our obligations under the relevant Agency Regulations we will also expect you to satisfy yourselves of the candidate’s suitability, to take up any required references, arrange medical examinations and to obtain any necessary work permits or other permits prior to the engagement of the applicant. We shall not be liable for any loss (including loss of profits), damage or expense in any way connected with the provision of our recruitment services.
You warrant that there will be no health and safety risk to the candidate in working for you in the position concerned and if there are any such risks you agree to notify us in writing of the nature of such risks and what steps have been taken by you to minimise such risks.
These conditions shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
For the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, please note that in providing these permanent recruitment services to you that we shall be operating as an Employment Agency.
You CLIENT NAME will not during the term of this Agreement or for a period of six (6) months thereafter solicit or entice away any of our employees (with whom you have had dealings with in connection with this Agreement) without prior written consent, any attempt to solicit our staff will result in a full Fee being charged or £10,000 GBP (Whichever is the greater).
These terms and conditions will be effective from the date specified above and shall apply thereafter to all permanent recruitment services provided by us to you for from the effective date for 24 months unless varied or substituted in writing and signed by you and us.
These terms and conditions will supersede all conditions previously agreed with you.