These terms and conditions of business are between Consortium International (hereinafter called ‘the Agency’) and the Employer Client (‘Client’) and are deemed to be accepted by the Client by virtue of an interview or the engagement (which term includes employment or use, whether under a contract or for services. This also includes the situation where the candidate (‘Candidate’) is sub-contracted work by the Employer and is not directly employed by the Employer) of a Candidate introduced directly or indirectly by the Agency.
A Candidate is treated as introduced by the Agency when the Agency submits a Candidate’s name, details or CV to the Client, directly or indirectly, orally or in writing whether on a speculative basis or in response to a specific request.
A successful Candidate shall be defined as any Candidate who, having been introduced by the Agency, is engaged or retained by the Client within 12 months of either the introduction by the Agency or the Candidate final interview with the Client, whichever is the later.
The Client agrees:
- to notify the Agency immediately after an engagement is accepted;
- to pay the fees of the Agency within 14 days of the commencement of the engagement;
- to pay any agreed advertising costs within 14 days of the invoice date; and
- to accept upon prior written notice, the Agency’s right to invoice a surcharge to the Client of 5% per month or part thereof for delays in payment after 14 days have elapsed from the invoice date if, in the view of the Agency, payment is unreasonably withheld.
The fee payable to the Agency by the Client for the introduction of an individual employed on an engagement or engaged to work on a self-employed basis as a subcontractor consultant, is calculated on the annual gross taxable pay and taxable emoluments, which definition includes any elements specifically identified as profit related pay (PRP), the equivalent cash value of any flexible benefits package and cash alternative in lieu of company car, if taken, payable by the Client to the applicant, at the following rates exclusive of VAT:
- On salaries from £20,000 up to £49,999 at a rate of 16%.
- On salaries from £50,000 up to £79,999 at a rate of 18%.
- On salaries from £80,000 and above at a rate of 22%.
The provision of a company car shall be regarded as an additional taxable emolument of £5,000 unless the Candidate elects to take any available cash alternative (see Clause 2.1 above). The provision of a mortgage subsidy, housing allowance or accommodation shall be regarded as an additional taxable emolument of £2,000.
Sole Agency terms are fixed at a rate of 18%, on any salaries.
In the event that arrangements are made for a Candidate introduced by the Agency to work for the Client in a temporary capacity or on a contract basis or sub-contractor, arrangements for the fees must be separately agreed. However, where such a Candidate is subsequently employed by the Client in any capacity whatsoever, the Client must immediately inform the Agency and pay the fee (based on the Candidate’s equivalent permanent salary) for the permanent placement under the terms set out in Clause 2.1 above.
Where the Candidate is employed on a commission, bonus, equity or other basis that is not a quantifiable annual salary upon starting employment, the fee payable will be based on the Candidate’s last annual gross taxable pay.
Where an applicant is initially rejected by the Client or rejects the Client’s offer of employment and is subsequently employed by the Client, in any capacity, up to and including 12 months after the initial introduction date, the Client shall be responsible for a fee resulting from such employment.
Where the Candidate is employed by the Client and the Candidate introduces a former colleague that is subsequently employed by the Client within 3 months of his own employment starting, a fee (‘Introduction Fee’) shall be payable to the Agency.
Where the Candidate is engaged on a fixed term employment contract of less than 12 months’ duration, the Introduction Fee will be calculated as 1/12 of the fee as set out in Clause 2.1 above, based on the annualised equivalent of the Candidate’s remuneration per whole or part calendar month of their employment. In the event of an extension of the contract a fee of 1/12 of the fee as calculated in Clause 2.1 above, based on the annualised equivalent of the Candidate’s remuneration per whole or part calendar month is payable by the Client to the Agency.
Where the Candidate is employed on a temporary or contract basis the hourly, daily, or weekly rate will be annualised and the fee payable will be as stipulated under Clause 2.1 above for the period of the Candidates employment.
Where a temporary or contract Candidate is made permanent by a Client, a fee shall become payable which shall be calculated per the rates stipulated in Clause 2.1 above, less 5% per month that the Candidate has been employed by the Client to a maximum reduction of 50%.
The Introduction Fee will be invoiced to the Client on the day that the Candidate commences employment or is engaged by the Client in any capacity whatsoever.
In the event of a Candidate terminating his/her employment or having it terminated by the Client within 8 working weeks of its commencement and provided that:
- the Client notifies the Agency in writing within 7 days of the termination of the engagement;
- the Client or subsidiary or associated company of the Client shall not engage the applicant within 12 months from the date of the termination of the engagement;
- the termination is not due to redundancy; and
- all fees due from the Client have been paid in accordance with Clause 1.1.2 above, then the Client will receive a rebate from the Agency in the form of a credit note (see Clause 4.2 below).
The amount of the rebate will be calculated as set out below:
Up to 4 weeks service – 75% of the successful placement fee.4 to 6 weeks service – 50% of the successful placement fee.6 to 8 weeks of service – 25% of the successful placement fee.After 8 weeks of service, no credit note will be given.
The Agency endeavours to make every reasonable effort to ensure the suitability of applicants selected on behalf of Clients but does not personally establish references and cannot accept any responsibility for loss, expense, damage or delay, howsoever occasioned.
The Client is responsible for taking up references concerning the applicant’s skills, qualifications and general integrity, obtaining work permits and satisfying any medical requirements or qualifications as are required by law.
No variations can be made to these Terms and Conditions of Business without the written consent of a Director of the Agency.