Terms of Business
TERMS & CONDITIONS OF BUSINESS (“CONDITIONS”)
RELATING TO THE INTRODUCTION OF CANDIDATES ON A PERMANENT BASIS
“the Consultancy” means Premea Solutions Limited
“Appointment Fee” means the charge made by the Consultancy pursuant to the Permanent Appointment;
“Candidate” means the person, firm or corporate body, introduced by the Consultancy to the Client for an Engagement
“the Client” means the person firm or corporate body looking to employ or otherwise engage the services of the Candidate;
“Engagement” means the appointment of a Candidate to perform services for the Client;
“Introduction Fee” means the charge made by the Consultancy pursuant to the Engagement;
“Remuneration” means emoluments payable or recoverable by the Candidate pursuant to the Engagement which form the annual gross taxable pay
2. Basic Conditions
2.1 The Conditions are made between the Consultancy and the Client and are accepted by the Client by virtue of an interview with the Candidate or the engagement of a Candidate howsoever introduced by the Consultancy from the date of introduction. The Conditions are also accepted by virtue of the Client signing this document. The Conditions apply whether or not the client knew of such a Candidate previously or the Candidate was known prior to an introduction by the Client.
3. Permanent Staff
3.1. The Client agrees to notify the Consultancy (in writing) as soon as a Candidate accepts an Engagement and to supply copies of all letters of offer to the Candidate including details of the Remuneration. For the avoidance of doubt, this clause will apply irrespective of the Candidate being engaged in a different position to that originally accepted and/or envisaged (whether by the Client or the Consultancy).
3.2 Where the Client offers the Candidate some form of equity stake, the Consultancy reserves the right to charge an Introduction Fee based on the Candidate’s Remuneration in their most recent position of employment.
4. Indirect Introductions
4.1 The Client will be liable to pay an Introduction Fee if the Client or a member of the Client’s staff refers a Candidate to any other person or body, and that person or body engages that Candidate in any capacity whether temporary, permanent or self-employed within 12 months of the date of introduction of the Candidate to the Client.
4.2 The Client agrees to notify the Consultancy (in writing) as soon as it becomes aware of the referral and the Introduction Fee will be payable with effect from the referral date. No rebate shall be payable.
5. Calculations & Payment of Fees for Permanent Engagement
5.1 The introduction Fee is calculated at 25% of candidates first years gross annual guaranteed cash only.
6. Payment Terms
6.1 The introduction Fee is payable upon commencement of the Candidate’s Engagement within
30 days of the invoice date.
6.2 All fees are NET of Withholding Tax and subject to VAT which is payable by the Client.
6.3 The introduction fee is to be paid in either GBP, USD, or Euro. The exchange rate will be determined as per candidate start date and calculated using Oanda.com.
7.1 Should the candidate’s engagement with you end within a period of twelve weeks following commencement then you are entitled to a rebate (unless otherwise agreed in writing).
To qualify for this rebate, however, you must notify us in writing within 14 days of the termination of the engagement, and where the engagement is terminated more than 14 days after its commencement, you must also have paid our fee in full (cleared funds) within 30 days in accordance with clause 6.1 above and offer us the opportunity to introduce further candidates to you (if available) during the period of one month commencing with the date upon which you notify us the termination of the agreement.
7.2 No rebate will be payable where the engagement terminates because of redundancy or unlawful discrimination or if the candidate is dismissed or resigns as a result of any change in job specification or other material alteration to the terms offered to the candidate prior to or upon commencement of the engagement.
7.3 We reserve the right to refuse any rebate where we have reasonable grounds for believing that you have engaged the candidate with the intention of terminating the engagement within the rebate period
7.4 If within 12 months of the termination you or any person connected with you re-engages the candidate then a full introduction fee will again become payable
7.5 Where notice to end the engagement is given by either party then for the purposes of calculating the applicable rebate the relevant date is the date upon which the engagement comes to an end and not (if different) the date when notice is given.
7.6 The above rebate provisions do not apply to short term assignments ie, those which are of a fixed duration of less than one year or are not anticipated to last for more than one year at the date of the commencement of the assignment.
7.7 Where you are eligible for a rebate the following scale shall apply:
For Engagements terminating Refund For Engagements terminating Refund
during or at end of % during or at end of %
1st week 100 5th week 30
2nd week 80 6th week 20
3rd week 60 7th week 10
4th week 50 8th week and beyond 0
8.1 Notwithstanding that the Consultancy endeavours to ensure the suitability of the Candidate, the Client is responsible for taking all such steps as it considers necessary, including the taking up of references, to satisfy
itself as to the Candidate’s qualification, capabilities, integrity, medical history and suitability for the Engagement and/or Temporary Appointment. It is also the Client’s responsibility to obtain a work permit for the Candidate wherever necessary and also to satisfy all other requirements or qualifications required by law.
9.1 Save where exclusion of liability is prohibited in law, the Consultancy accepts no liability whatsoever for any loss, damage, costs or expenses howsoever caused which the Client may suffer or incur whether arising out of or in connection with or as a result of an introduction or Engagement or Temporary Appointment or from the failure by the Consultancy to introduce a Candidate.
9.2 The Client shall indemnify the Consultancy and shall keep the Consultancy indemnified against any loss, damage, legal fees, costs or expenses howsoever caused which the Consultancy may suffer or incur whether arising out of or in connection with or as a result of an Introduction or Engagement or Temporary Appointment or breach of any of the Conditions by the Client.
10.1 Any notice given under or pursuant to the Conditions may be sent by pre-paid post or be transmitted by facsimile to the address of the party shown in the Conditions, or such other address as the party may by notice to the other have subsequently substituted, and such notice shall be deemed effectively given 2 days after the day of posting or if delivered by hand, e-mail, or by facsimile transmission at the time that it would first be received by the addressee in normal business hours.
10.2 No modification of the Conditions shall be effective unless made by express written agreement between the parties. The signing by the Consultancy of any of the Client’s documentation shall not imply any modification of Conditions.
10.3 The Conditions shall be governed in accordance with English law.