Terms of Business
A. These terms and conditions of business are between Consortium International Ltd (hereinafter called ‘the Agency’) and Richey May & CO (‘the 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.
B. 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.
C. 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.
1. Client Obligations
a. The Client agrees:
i. to notify the Agency immediately after an engagement is accepted;
ii. to pay the fees of the Agency within 30 days of the commencement of the engagement; and
iii. to accept the Agency’s right to invoice a surcharge to the Client of 5% per month or part thereof for delays in payment after 30 days have elapsed from the invoice date if, in the view of the Agency, payment is unreasonably withheld, but it being accepted by the Agency that the Client is entitled to notice before such invoice is raised.
a. Subject to all terms and conditions of this Agreement, the Client will pay the Agency the fee payable, which is 22.5% (the “Fee”) of the initial starting base salary of a Candidate who is Presented and hired by the Client. For the purposes of this Agreement, the term “Presented” shall be defined as the Agency providing a resume to the Client for a job opening that the Client has requested the Agency to provide candidates for.
b. The Agency will offer a 90 calendar day guarantee from the date a Candidate commences employment with the Client. Therefore, if a Candidate leaves the Client’s employ for any reason other than reorganization, elimination of position, lay-off, takeover or material change in job responsibility, prior to 90 calendar days from the date that the Candidate actually commences working for the Client, the Client shall at its sole option have the right to:
i. set off against the Fee any amounts otherwise payable by the Client to the Agency; or
ii. receive a prompt refund from the Agency of any Fee paid for such Candidate.
iii. 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.
3. Candidate Introductions
a. 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.
b. Introductions are confidential. The passing on of an introduction to a third party which results in an engagement, renders the Client liable to payment of the Agency’s Fee as set out above.
4. Candidate Termination
a. In the event of a Candidate terminating his/her employment or having it terminated by the Client within 12 working weeks of its commencement and provided that:
i. the Client notifies the Agency in writing within 7 days of the termination of the engagement;
ii. 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;
iii. the termination is not due to redundancy; and
iv. all fees due from the Client have been paid in accordance with 2 (a) above then the Client will receive a rebate from the Agency in the form of a refund.
a. The Agency agrees to comply with all applicable provisions of laws, including without limitations, all applicable provisions of laws related to equal employment and ensuring that Candidate(s) are eligible to work in the United States of America, when Candidate(s) are presented.
b. The Agency also endeavors 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.
c. 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.
d. No variations can be made to these Terms and Conditions of Business without the written consent of a Director of the Agency.