Terms & Conditions of Business for the Introduction of Permanent Staff

1   By interviewing or engaging a candidate (“the Applicant”) introduced by the employment agency Seltek Consultants (“the Company”) to an employer client (“the Client”) the Client is deemed to have accepted these terms and conditions of business as being the only terms and conditions of contract between the Company and the Client. Introduction includes the provision of information sufficient to enable the Client to identify or contact the Applicant.

2   An introduction fee (“the Fee”) shall be payable by the Client to the Company if the Client engages the Applicant in any capacity within one year of introduction or interview (whichever is the later) and whether or not the Applicant was known to the Client prior to the introduction by the Company. The Fee payable to the Company shall be calculated by reference to the following percentage rates of the Applicant’s gross annual salary at commencement. This includes all emoluments that form the gross taxable pay including guaranteed commission. Where the Applicant is engaged otherwise than as an employee then subject to a minimum Fee of £4,000 the percentage shall be applied to the Company’s estimate of the gross annual cost of such engagement to the Client for the first year from commencement of engagement as agreed with the Client or in default of agreement adjusted at the end of the year to take account of increases over estimate. VAT is payable on all our Fees at the current rate.

FEES TOTAL ANNUAL SALARY
% CHARGE
Up to £29,500

25

£29,501 – £49,500

30

£49,501 +

35

Placements are subject to a minimum fee of £4,000 + vat. The Fee is payable within 30 days of offer and acceptance or within 7 days of starting date whichever is sooner. The Company will charge interest at the rate of 2.5% per month on overdue sums both before and after judgement.

3   The Client shall notify the Company immediately upon the conclusion of the Applicant’s interview or interviews or application of the outcome of such interviews or application and shall, at the request of the Company, if the Applicant shall have been unsuccessful, give reasons in writing to the Company for the Applicant’s failure.

4   The Client shall notify the Company in writing immediately upon the engagement of the Applicant and such notification shall include full details of the Applicant’s gross annual salary (or if appropriate an estimate of the cost of the engagement) together with, at the discretion of the Company, a copy of any letter of offer given or sent by the Client to the Applicant; a copy of the Applicant’s contract of employment or the terms of engagement and confirmation of the Applicant’s starting date.

5   The invoice for the Fee shall be issued when the Applicant has accepted an offer of employment. The Company does not recognise trial periods. If the Client has not notified the Company of the commencement, the Fee shall become payable immediately upon discovery and will include interest calculated from the date of commencement until the date of payment at the rate of 2.5% per calendar month, and no replacement terms as in clause 11 will apply.

6   Introductions made by the Company to the Client are confidential and the Client agrees not to pass any information about the Applicant to any other person, firm, corporation, public body or government department (hereafter together referred to as “a Body”) without the prior written consent of the Company unless and until such Applicant has been engaged by the Client, and the full Fee paid.

7   If in breach of clause 6 the Client shall pass any information about the Applicant to anybody which gives rise to or ultimately results in the Applicant being engaged in any capacity by that or any other Body which has received such information by reason of the breach of clause 6 within 1 year of introduction to the Client, then the Client shall be liable to pay the Fee calculated by reference to the Applicant’s employment or other engagement by that Body which Fee shall become payable forthwith upon the Applicant commencing such engagement.

 Should any employee of the Company be engaged by the Client on any basis and in any capacity whatsoever within 6 months of leaving employment with the Company the Client will be liable to the Company for the Fee as though such employee were an Applicant introduced by the Company. If such engagement is without the Company’s consent no replacement terms will apply.

9   The Company endeavours to make every reasonable effort to ensure the suitability of Applicants selected for the Client, but does not take up references. The Client is responsible for taking up references regarding an Applicant’s qualifications, skills, general integrity, medical history, etc.

10 The Company shall not be responsible for any consequential losses, expenses, costs, damages or other charges howsoever caused or arising from the Client’s relationship with the Applicant or other third parties. All warranties, conditions and other terms implied by statute or common law affecting the liability of the Company under any contract between the Company and the Client are excluded to the fullest extent permitted by law. However nothing in these terms and conditions is intended to exclude or limit the liability of the Company for death or personal injury caused by the Company’s negligence or for fraudulent misrepresentation.

11   REPLACEMENT No rebates are available but provided that Fees have been paid in full within 7 days of the invoice date and the Client’s claim for a replacement under this Clause 11 is received by the Company in writing within 1 year after the date of the original invoice, the following replacement terms will apply should the Applicant resign or be dismissed within a twelve week period from commencement. If the Applicant leaves within the following timescale, the Company undertakes to use reasonable endeavours to replace the Applicant at the rate specified below: Weeks 1 – 4, Free of charge Weeks 5 – 8, 25% of Fee as per our standard terms Weeks 9 – 12, 50% of Fee as per our standard terms

12  CANCELLATION FEE If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee of 5% of the gross annual salary as defined in clause 2.

13  These terms and conditions of business shall not be varied other than by express agreement in writing, executed by a director on behalf of the Company.

14  The Company is always prepared to consider amendments to these terms and conditions in relation to particular assignments. Should the Client not seek amendments or should it agree amendments as provided in clause 13 it accepts and agrees that these terms and conditions of business (whether or not so amended) shall be regarded as being fair and reasonable.

15  These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

14/09/09