Client Terms of Business

1. DEFINITIONS
In these terms of business the following definitions apply:

Client: The employer Client.

Tier One Recruitment: The owner of which is Alexandra Gavin and to which all fees are payable and terms agreed.

Candidate: The Workseeker introduced by Tier One Recruitment to the Client for an Engagement including any officer or employee of the Candidate if the Candidate is a limited company

Appointment: The engagement of a chosen Candidate by the Client or any engagement of a Candidate with a subsidiary or associated company, or third party, resulting from a referral by the Client. An Appointment includes any employment or use of the Candidate by the Client whether under employment status, a contract for services or under any agency, licence, franchise or partnership agreement.

Recruitment Fee     The fee payable, which is separate from any chargeable Advertising Costs and/or Expenses, upon an Appointment being made by the Client.

2. INTRODUCTION
Introductions of Candidates are confidential. The terms of business contained in this document shall constitute the entire agreement between Tier One Recruitment and the Client and be deemed acceptable by the Client upon:

* The Client’s interview of a Candidate in person or by telephone;
   
* The Client’s instruction to Tier One Recruitment to search for a Candidate;

* The passing to the Client of a Curriculum Vitæ or information which identifies the Candidate and which leads to an Appointment of that Candidate;

* Any introduction by Tier One Recruitment shall be deemed to be conclusively to be the effective cause of any Appointment by the Client or the Candidate or chosen Candidate provided that the Appointment occurs within 12 months of the last introduction;

* The Client is liable to pay the full recruitment fee if a chosen Candidate leaves the Clients employment only to return within a period of 12 months. The company’s rebate scheme does not apply in these circumstances.

3. NOTIFICATION
The Client agrees to notify Tier One Recruitment immediately of any offer of an Appointment which it makes or intends to make to the Candidate.

The Client agrees to notify Tier One Recruitment immediately that its offer of an Appointment to the Candidate has been accepted and to provide details of the remuneration to Tier One Recruitment.

The Client agrees to pay Tier One Recruitment the full invoice amount within 14 days of the date of invoice.

4. FEES
Contingency:
The recruitment fee is payable by the Client to Tier One Recruitment upon an Appointment being made by the Client.

The fee payable to Tier One Recruitment by the Client for an Introduction resulting in an Appointment is based upon the Candidate’s first year gross salary.  Guaranteed commission or bonus or extra payment is deemed annual gross salary. Annual Gross salary also includes company cars. Where a car is provided the sum of £2000 will be added to the first year’s annual gross salary.

Up to £30,000             = 20%
£30,001 to £59,999   = 25% 
£60,000 +                    = 30%

Retained:
For assignment work the fee shall be payable in 3 instalments:
* 1/3 of the fee upon the Client’s instruction to commence the assignment
* 1/3 of the fee to be paid upon production by Tier One Recruitment of a Candidate short-list
* 1/3 of the fee to be paid upon the Candidate’s acceptance of the offer of Appointment by the Client

All recruitment fees exclude VAT.

All recruitment fees must be paid in full within 14 days from the date of Invoice.

If payment is not received within the time specified on the invoice then interest of 4% above The Bank of England’s UK base rate is charged on a daily basis until the fee is settled.

5. REBATE
The recruitment fee is for the service supplied leading to the Appointment of a chosen Candidate itself.  Except in the case of redundancy, in the event of a Candidate leaving the employment of the Client within the first 12 weeks, the fee referred to above shall be subject to a rebate as below, providing such fee was paid in full in accordance with the time specified on the invoice.

No rebate will be made unless the Client notifies Tier One Recruitment in writing within 7 days of termination of employment of the Candidate and the Candidate not being re-employed in any position what so ever by any parent, subsidiary or associated company, body, partnership, subcontractor of the Client within 6 months of the termination date, in which case the refund paid by Tier One Recruitment shall be immediately repaid.

If the engagement between the Client and the Candidate is terminated within 4 weeks, Tier One Recruitment will refund 100% of the recruitment fee to the Client. If the engagement is terminated between 5 to 8 weeks, Tier One Recruitment will refund 50% to the Client and if the engagement is terminated between 9-12 weeks after the Candidate started the engagement with the Client, Tier One Recruitment will refund 25% of the recruitment fee to the Client.

6. CANDIDATE SUITABILITY
Tier One Recruitment endeavours to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidate’s identity, that the Candidate has the experience, training, qualifications and that the Candidate is willing to work in the position which the Client seeks to fill.

The Client shall be liable for obtaining work and other permits for the Candidate as required by law.

7. CONFIDENTIALITY
If the Client or a member of the Clients staff refers a Candidate to some other person or party or body and that other person or body within 6 months of the Introduction of the Candidate engages that Candidate in any capacity whether temporary, permanent or self employed, the Client will be liable for a recruitment fee at our prevailing standard rates at the date of notification or discovery by Tier One Recruitment if not notified. Interest at 4% over The Bank of England’s UK base rate will be applied until the payment of the invoice without concession. No rebate scale shall apply whatsoever in these circumstances.

The Client will also be liable to any legal action and associated costs resulting from a breach of confidentiality.

8. LIABILITY
Tier One Recruitment shall not be liable for any loss or damage or expense suffered or incurred by the Client arising from or in any way connected Tier One Recruitment to the Client of any Candidate or the Appointment of any chosen Candidate by the Client.

9. CONTRACT
These terms constitute the contract between Tier One Recruitment and the Client and are deemed to be accepted by the Client.

No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Alexandra Gavin of Tier One Recruitment and the Client and are set out in writing

10. LAW
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.