OPUS CAREER MANAGEMENT LTD TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF
1.Definitions
'Opus Career Management Ltd' is the trading name of Opus Career Management Ltd. In this contract the following terms shall have the following meanings. The "Agent" means Opus Career Management Ltd and/or subsidiaries or associates or separate names. The "Client" means the person, firm or corporate body to whom the Applicant is introduced and includes subsidiaries or associates or separate names. The "Applicant" means the person introduced by the Agent to the Client for an appointment. The "Appointment" means the selection of the Applicant to perform services for and on behalf of the Client. These Terms and Conditions of Business are between Opus Career Management Ltd and/or any subsidiaries or associates or separate names hereinafter called the "Agent" and the Employer Client (the "Client"), and/or any subsidiaries or associates or separate names and are deemed to be accepted by the Client by virtue of an introduction whether effected by the agent or directly by the Client or the engagement (which term includes employment or use, whether under a contract of service or for services, or under an agency, license, franchise or partnership agreement) of an applicant introduced by the Agent. "Introduction" means (i) the Client's interview of an Applicant either in person or by telephone, following the Client's instruction to the Agent to search for an Applicant or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant and which leads to an Engagement of that Applicant.
2.Introductions
2.1.Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agent which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of the Agent's fee as set out in clause 3 with no entitlement to any refund.
2.2.These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agent, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2.3.No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agent and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
2.4.An introduction fee calculated in accordance with clause 3 will be charged in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Agent, whether direct or indirect, within 12 months from the date of the Agent's Introduction.
2.5.Where the amount of the actual Remuneration is not known the Agent will charge a fee calculated in accordance with clause 3 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agent by the Client and/or comparable positions in the market generally for such positions.
3.Payment of Fees and Notification.
i)Contingency Placements:
Where the Applicant is deemed suitable and accepted by the Client, the Client agrees:
- a)To notify the Agent immediately an engagement is accepted with details of the proposed Salary of the Applicant, and
- b)To pay the fee for the introduction of the Applicant, to the Agent, within fourteen (30) days of commencement of the employment. The fee payable to the Agent by the Client for the introduction of an applicant is calculated as 15% (percent) of the applicant's gross equivalent annual remuneration (including car allowance + guaranteed income)
.
ii)Retained Assignments:
Payment will be made to the Agent in three stages:
- 1) 33% of the total fee to be paid to the Agent by the Client on agreement of the Agent undertaking the assignment.
- 2)33% of the total fee to be paid to the Agent by the Client on the presentation from the Agent to the Client of a shortlist of Applicants, of which the Client wishes to proceed to interview.
- 3)34% of the total fee to be paid to the Agent by the Client on the commencement of the employment by the Applicant.
4.Rebate Guarantee
In the event of an applicant leaving the Client's employment within twelve weeks of commencement for any reason other than through redundancy, provided that the Agent is notified in writing within seven days of termination of employment and provided that the Client has paid the Agents fee within fourteen days of the date of the invoice, the Client shall receive a credit against the fee paid which shall be calculated as a proportion of the introduction fee as follows:
- 30 days service 100% refund
- 60 days service 50% refund
- 90 days service 25% refund
Should the Client or any subsidiary or associated company of the Client subsequently re-engage the applicant, or the use of an applicant, within the period of twelve calendar months from the date of termination a full fee in accordance with paragraph 2 above becomes payable (with no entitlement to a refund). Introductions are confidential. Any information passed to a third party which results in the engagement of an applicant, or the use of an applicant, whether temporary or permanent, renders the Client liable to payment of the Agents fee as set out in Paragraph 2. An introduction fee calculated in accordance with Paragraph 2 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 Agent even though the introduction may be made indirectly.
5.Late Payment
In accordance with the Late Payment of Commercial Debts Regulations 2002, which supplements the Late Payment of Commercial Debts Interest Act 1998, we reserve the right to charge interest (8% above the Bank of England Base Rate) on overdue sums. A payment is deemed to be 'late' if it is made at any time after the last day of the credit period agreed between the Agent and the Client. A claim for statutory interest and compensation will first be made by written demand. If the demand is not met, proceedings may then be issued.
6.Suitability and References
6.1.The Agent endeavors to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant's identity; that the Applicant has the experience, training, qualifications and any authorizationauthorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work to work in the position which the Client seeks to fill.
6.2.The Agent does not personally establish references and the Client must satisfy himself as to the suitability of any applicant and shall be responsible for taking up any references (including the confirmation of any professional or academic qualifications) provided by any applicant and/or the Agent 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.
7.Liability
The Agent shall not be liable to the Client under or in connection with this Agreement for any indirect or consequential loss or damage or any loss of or damage to profit, revenue, savings, use, contract, goodwill of business, in each case howsoever caused, including without limitation by reason of misrepresentation (whether made prior to or in this Agreement), negligence, other tort, breach of contract or breach of statutory duty.
8.The Contract
It is agreed that the Client by virtue of its 'engagement', interview with or appointment of the Applicant accepts these terms and conditions. No variation can be made to these terms without the written consent of a Director of the Agent. This Agreement shall be governed by and construed in accordance with the laws of England & Wales and the parties hereby submit to the non-exclusive jurisdiction of the English & Welsh Courts.
