Terms and Conditions of Business
These Terms and Conditions of Business are between Taylor-Phillips (hereinafter called the Company) and the Employer (hereinafter called the Client) for the introduction of Staff 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 of service, under an agency, licensee, franchise or partnership agreement) of an Applicant introduced by the Company.
2. The Client agrees to notify the Company, immediately an engagement is accepted.
3. The fee payable to the Company by the Client for the introduction of an applicant is calculated as a percentage of gross remuneration, which the applicant is entitled to earn during the first 12 months of his/her engagement by the Client. This figure will be determined upon the following scales:
| Annual Salary | Percentage |
|---|---|
| £10,000 - £15,999 | 12 |
| £16,000 - £22,999 | 12 |
| £23,000 - £29,999 | 12 |
| £30,000 - £49,999 | 12 |
| £50,000 - + | 12 |
4. Remuneration includes all salary payments to or receivable by the applicant for the services rendered to on behalf of the client. Where the annual salary is composed of several elements (e.g. base salary plus a commission or bonus), the fee will be calculated thus:
a. If the commissions, bonus or other additional element is a guaranteed amount then this will be added to the base salary and the percentage outlined applied to the gross figures.
b. If the commission, bonus or other additional element is variable (e.g. productivity bonus), then the value of that element will be mutually agreed, added to the base salary and the percentage outlined applied to the gross figure.
5. The Client agrees to pay the invoice strictly 14 days nett of the invoice date.
6. Interest will be charged on all overdue invoices at a rate of 2.5% above normal bank base rates
7. VAT will be charged at the current prevailing rate.
8. If a successful Applicant's employment is lawfully terminated for any reason other than redundancy during the first calendar month of employment, two-thirds of the original total fee will be repaid to the Client. If termination occurs in the second month of employment, one-half of the original total fee will be repaid to the Client. If termination occurs in the third month of employment, one-third of the original total fee will be repaid to the Client. Provided the Client notifies the Company in writing within one week of the Applicant leaving and where previous invoices in relation to the Applicant have been paid within the 14-day account period.
9. If for any reason the candidate is made redundant during the first two months of employment, the Client accepts that they will pay the full amount of the fee. If after the Applicant has accepted the offer of engagement, the Client decides that for any reason not to proceed with the appointment, the Client shall be liable to pay the Company a minimum fee of £500.00.
10. Should the Client or subsidiary or associated company of the Client subsequently re-engage the candidate within the period of 6 calendar months from the date of termination, or withdrawal of the offer, a full fee in accordance with Clause 3 above, becomes payable with no entitlement to a refund.
11. All introductions are confidential. The passing of an introduction to another employer, which results in an engagement, renders the Client liable to payment of the Company's fee as set out in Clause 3.
12. An introduction fee calculated in accordance with Clause 3 of these terms will be charged in relation to any applicant engaged as a consequence of, or resulting from an introduction by, or through the Company, even though the introduction may be indirect. The term 'Applicant' refers to the person introduced by the Company to the Client, including any member of the Company's own staff.
13. The Company endeavours to ensure the suitability of any Applicant introduced to the Client. The Client shall notwithstanding satisfy himself as to the suitability of any Applicant and shall take up any references provided by any Applicant and/or the Company before engaging such Applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and satisfy any medical and other requirements or qualifications required by law.
14. The Company shall not be liable under any circumstances for any loss, damage, delay or expense suffered or incurred by the Client arising from or in any way connected with the Company seeking an Applicant for the Client for the introduction by the Company to the Client of any Applicant for the engagement of any Applicant by the Client.
15. No variation is to be made to these terms without the written consent of Ken Sewell or Andrew Young of Taylor-Phillips Consultants. The Company reserves the right to amend these terms at anytime.
16. If any provision of these Terms of Business are deemed to be invalid or unenforceable to any extent the remainder of these Terms of Business shall not be affected thereby and shall be valid and enforceable by law.
