Terms and Conditions of Business
This Agreement is made the 00 day of 00 2011 between DSJ Partners LTD of 4 Carlton Gardens, London SW1Y 5AB, England here in after referred to as SJ-HR and XXX of XXX here in after referred to as the Client for the provision of recruitment services by DSJ Partners to the Client.
1) Terms and Conditions:
(a) Unless specified by DSJ Partners in writing these terms and conditions as set out herein shall govern all work undertaken on behalf of the Client.
2) Introduction:
(a) An introduction shall be deemed to have occurred when any employee or representative of the Client requests contact with a Candidate either in writing or orally.
(b) An appointment occurs immediately the Client offers employment to the Candidate and those Candidates accept such employment.
(c) The Client agrees to inform DSJ Partners once an appointment has been made.
(d) The Candidate is the person introduced by DSJ Partners to the Client as the job applicant.
(e) Within the twelve months following the initial introduction or any subsequent re-introduction then if an appointment of a Candidate occurs such an appointment will represent an appointment as governed by the terms and conditions of the business as set out herein.
(f) All Candidate information is strictly confidential and if the Client distributes a Candidate’s details to a third party following such details being supplied by DSJ Partners and these details result in the employment of a Candidate by a third party then the Client is liable to pay DSJ Partners the full fee.
(g) The Client has the liability for ensuring the appropriateness and capability of a Candidate for employment. The Client is also responsible for taking references to substantiate skills, qualifications, integrity, the satisfaction of medical needs and the requirement of any work permits.
3) Fees:
(a) Fees are based on a percentage of the Candidate’s first year salary. Salary includes all guaranteed income and bonuses.
(b) On offer of employment by the Client to the Candidate, the Client has an obligation to inform DSJ Partners of the total remuneration offered.
(c) DSJ Partners fees are as follows:
Contingency appointment 30% of Candidate’s first year salar
Retained appointment 35% of Candidate’s first year salary
(d) Whether an appointment is a search appointment is to be agreed between DSJ Partners and the Client before the introduction occurs.
(e) A minimum charge of £6,000 will apply to any engagement where the total annual remuneration is less than £20,000 per annum.
4) Payment:
(a) All invoices are payable within 21 days of the date of the invoice.
(b) If the payment is not made within the 21 days the Client may be required to pay interest on the amount due under the invoice of 2% above Bank’s of England’s base rate from time to time.
(c) If DSJ Partners incurs any legal costs as a result of non- or late payment of invoice, the Client will become liable for such costs.
5) Rebate:
(a) If the Candidate’s employment is terminated within 5 weeks of the starting date of such employment DSJ Partners will reimburse the Client at a rate of 1/5 of the fee for each week of that five -week period that is not worked.
(b) No rebate will be payable to the Client if: 1) the Candidate is made redundant 2) if the cause of termination has no bearing on the Candidate’s ability, integrity or character 3) if the Client fails to pay the invoice within 21 days of the date of the invoice 4) if the Client fails to notify DSJ Partners in writing within 14 days of the termination of employment 5) or if the Client withdraws an offer after the Candidate has accepted the offer unless such withdrawal relates to a written condition of offer.
