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Terms of Business

SPEAR RECRUITMENT LTD - Fortis House, Westridge Business Park, Cothey Way, Ryde, Isle of Wight PO33 1QT

Terms and Conditions of Business

1.        DEFINITIONS

In these Terms and Conditions the following definitions apply:
‘The Employment Agency’ means Spear Recruitment Ltd
‘The Client’ means the person, group, firm or corporate body to whom the Applicant is introduced.
‘The Applicant’ means the person introduced by the Employment Agency to the Client for engagement.
‘Remuneration’ means that total of all taxable emoluments payable to or receivable by the Applicant pursuant to the Engagement.

2.        THE CONTRACT

(a)     These Terms and Conditions are deemed to be acceptable by the client by virtue of an interview with or the Engagement of the Applicant.
(b)     No variation or alteration to these Terms and Conditions shall be valid unless prior approval in writing by Spear Recruitment Ltd is given.

3.        NOTIFICATION AND FEES

(a)      In the event that the Applicant accepts the Engagement the Client shall notify the Employment Agency immediately and provide details of the Remuneration. This obligation shall cease 12 months after the introduction of a Candidate by Spear Recruitment Ltd. Where the Candidate is initially rejected by the Client, or the Candidate initially rejects the Client’s offer of Engagement, and is subsequently offered and accepts an Engagement within 12 months of the initial introduction, the Client shall be liable for the fee arising from such Engagement and agrees to notify Spear Recruitment Ltd within 7  days of such Engagement. In the event of a breach of this Clause 3, the Client shall pay Spear Recruitment Ltd an amount equivalent to 50% of the Candidate’s Remuneration Package.

(b)     The Employment Agency shall invoice the Client upon appointment of an Applicant and payment must be made in full within 14 days of the Invoice Date, Please note if Spear Recruitment Ltd have not previously done business with the client, the first invoice issued will be on 7 day terms.  The fee payable by the Client is calculated in accordance with the accompanying scale of fees according to the Remuneration payable to or receivable by the Applicant during the first twelve months of the Engagement notwithstanding that the Engagement may be terminated during that period.  All fees are subject to the addition of VAT.
 
4.        INDIRECT INTRODUCTIONS

The Client shall be liable to pay the Employment Agency’s fees in accordance with clause 3 (b) if it refers the Applicant to its subsidiary or associated companies or any third party that engages the Applicant or in any event where an Engagement results directly or indirectly from the introduction of the Employment Agency.  The client must notify the Employment Agency within 7 days of the engagement of a candidate that was introduced to their business, failure to do so will result in the Client eing laible to pay the Employment Agency upto 50% of the Applicants first years basic annual remuneration.  The Replacement and Refund Guarantee shall not apply to any indirect introduction. Where the Client has made a direct approach after the introduction and not notified the Employment Agency, this will deemed as an attempt to deceive the Employment Agency and a clear breach as to the Terms of Business. If upon or after an Introduction of an Applicant to a Client, the Client makes contact with the Employment Agency to advise they have no interest in the Applicant and it is proven that contact was made indirectly, this again amounts to a breach of the Employment Agencies Terms of Business, therefore if the Applicant engages into employment with the Client within a 6 month period after the Employment Agencies introduction, the client will liable to pay the Employment Agency the Placement Fee stated on the introduction correspondence or a placement fee upto 50% of the first years basic annual remuneration, this is to the discretion of the Employment Agency. Should it be necessary to pursue the matter through a County County, the client will be liable for any expenses incurred by the Employment Agency in the matter

5.        REPLACEMENT GUARANTEE

(a)      If the Client pays the Employment Agency’s fees within the period prescribed in the accompanying Replacement Guarantee and the engagement terminates within the specified periods and written notification of termination is received within 14 days the Client will be entitled to a Replacement Applicant in accordance with the provisions of the guarantee or a rebate under the Rebate Structure Scheme

(b)     In the event that the original applicant is subsequently re-engaged by the Client, its subsidiary or associated company or any third party introduced by the Client within the period of six months from the date of termination of the Engagement, the Client shall pay the Employment Agency’s fee calculated in accordance with Clause 3(b) and shall not be entitled to the Replacement Guarantee or the Rebate Structure Scheme.

6.        SUITABILITY


The Employment Agency endeavours to ensure the suitability of the applicant: notwithstanding this the Client shall take such steps as it deems necessary to satisfy itself as to the suitability of the Applicant and is advised to take up any references provided by the Applicant and/or the Employment Agency before engaging the 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 the Applicant, and satisfying any medical, driving and other requirements or qualifications required by law.

7.        LIABILITY

The Employment Agency shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or Engagement of any Applicant or from the failure of the Employment Agency to introduce an Applicant.

8.        SCALE OF FEES

All Placements will be invoiced at 8% of First Years Annual Remuneration

Spear Recruitment may offer "Placement Deals” on specific job roles however any prices quoted are valid for 60 days therefore if no candidate is employed via Spear Recruitment Ltd within the 60 day period the quote becomes void unless re-quoted for the next placement.

REPLACEMENT GUARANTEE
 
If the candidate makes the decision to terminate their employment within their first 8 weeks of employment, Spear Recruitment Ltd will select and present Replacement Applicants .  Upon appointment of the Replacement Applicant the Client will receive a the relevant invoice for the Replacement Applicant shown below.  Only one replacement is provided for in line with the following scale.

To qualify for the Replacement Guarantee, the Client must ensure that payment is received by Spear Recruitment Ltd within the respective 7 or 14 Days of the date of the invoice (Clause 3b ) and notify Spear Recruitment Ltd within 5 days of the date of the termination of the Engagement.  The Client should give Spear Recruitment Ltd reasonable time within which to put forward a suitable Replacement Applicant.  This will receive the highest priority.

For Engagements terminating during or at the end of:
Weeks 1 to 4: Free Replacement - Weeks 5 to 8 75% Discount on Replacement Fee

REBATE STRUCTURE SCHEME

1. The following scale of refund only applies in the event that the Client complies with the provisions of clause 3b of these Terms of Business, but also the rebate will be set at the point to when Spear Recruitment Ltd are notified as a business that the candidate has left your employment.

2. Where the Applicant chooses to leave during the first 8 weeks of their Engagement, a partial refund of the introduction fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions in clause 3b

Week in which the Applicant leaves  % of introduction fee refunded
Up to 1 week                                              Full Rebate
Not exceeding 2 weeks                            80% Rebate
Not exceeding 4 weeks                            50% Rebate
Not exceeding  6 weeks                           30% Rebate
Not exceeding 8 weeks                            10% Rebate

3. There will be no refund where the Applicant leaves during or after the 8th week of the Engagement and the rebate scheme does not apply where the candidates employment has been terminated because of their lack of suitability to the role.

4. In the event of the Client cancelling the Engagement after an offer of an Engagement has been made to the Applicant a charge of £395 shall become payable

Note:If payment of the invoice is not received within the 7 or 14 days as of the date stated on the invoice the Rebate Structure Scheme or Replacement Guarantee will not apply.
Effective March 2012

PLEASE NOTE - That if you interview a candidate via Spear Recruitment Ltd, you are agreeing to the above Terms of Business

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