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In these terms and conditions of business (Terms) Alecto Recruitment Ltd is referred to as “we/our/us” and the clients are referred to as “you/your”.
1. Introduction
We, Alecto Recruitment, provide recruitment services for our clients. We will, at your request, find staff on your behalf who will be employed by you and paid by you (Permanent Staff). The term “engaged” “engagement” “employed” “employ” and “employment” shall be construed widely to include not only any contract for employment but also the self-employed and persons working on a commission only basis or by association, directly, indirectly or via a third party.
2. Introduction Fee
2.1 After taking proper instructions from you, we will introduce to you suitable candidates for the specific role you are recruiting for (Introduction). In the event that you employ one of those suitable candidates (Successful Applicant), in any capacity and for any role, within twelve months’ of an Introduction, you hereby agree to pay an introduction fee as set out below (Introduction Fee).
2.2 Introduction Fees (which shall be subject to value added tax) shall be calculated as follows:
Total Annual Salary of the Successful Applicant Introduction Fee*
£0-£9,999 15%
£10,000-£14,999 17.5%
£15,000-£19,999 20%
£20,000-£24,000 22.5%
£25,000 + 25%
Executive Search POA
* Where a vehicle is included in the package a value of £3000 is deemed to be added to the annual salary. Further the Introduction fee is calculated against basic remuneration and any guaranteed commissions/bonuses/vehicle allowance or other taxable allowance.
2.3 The Introduction Fee is payable by you on the Successful Applicant commencing employment with you (or a relevant third party as referred to in clause 3.2 below). We reserve the right to change our Introduction Fee charges with one month’s prior notice in writing.
2.4 Invoices are payable to us within 14 days from the date of issue. Interest of 4% above the base rate of Barclays bank will become payable on all overdue amounts.
2.5 For certain types of work we may agree special terms or discounts which relates to the value or outcome of the matter. In such a case we will agree this in writing with you prior to commencing the recruitment process. In the event that you do not pay your invoice in accordance with clause 2.4 then all such special terms or discounts are nullified and our standard Introduction Fee rates set out in clause 2.2 apply.
2.6 Any special terms or discounts agreed become null and void and thereafter the following will apply if:
2.7 Any discount to our standard fees (in accordance with Clause 2.2) renders our guarantees and credits null and void
3.1 The services that we provide are solely for you and (except with our express written agreement) no other person shall be entitled to use or rely on these services for any purpose.
3.2 However, in the event that:
(a) you refer any candidate, who is the subject of an Introduction, to any third party (which shall include without limitation any of your associated businesses) and such third party either employs such candidate (or refers him or her on to another third party who subsequently employs such candidate) within twelve months’ of the Introduction then the Introduction Fee set out in clause 2.2 shall become payable by you as though you yourself had employed the candidate; and
(b) a candidate who is the subject of an Introduction is subsequently introduced to you by another recruitment agency or third party and you employ such candidate within twelve months’ of such Introduction then the Introduction Fee set out in clause 2.2 shall become payable by you;
And we shall invoice you accordingly.
4. Refunds
4.1 In the unlikely event that a Successful Applicant, having taken up employment with you, subsequently leaves, then providing that the Introduction Fee has been properly paid to us within 14 days of the date of the relevant invoice and there is no outstanding disagreement between ourselves then the following refunds will be payable:
Period of Employment Percentage of Introduction Fee to be refunded
Up to 2 weeks 90%
Not exceeding 3 weeks 65%
Not exceeding 4 weeks 45%
Not exceeding 5 weeks 35%
Not exceeding 6 weeks 25%
Not exceeding 7 weeks 15%
Not exceeding 8 weeks 10%
* Applications for a refund, to be valid, shall be received in writing by us within 7 days of the date in which the Successful Applicant
left your employment.
* Refunds will only be payable if the Successful Applicant leaves through no fault of yourselves.
4.2 In the event that you (or a third party referred by you in accordance with clause 3.2 above) subsequently re-engages the Successful Applicant within a period of twelve months’ from the date of the refund application made by you, then a further full Introduction Fee becomes payable again (with no deductions allowed for previous monies paid) and we shall invoice you accordingly.
5. Warranties
5.1 Whilst we endeavour to match you with suitable candidates, we do not warrant a candidate’s suitability and you shall be responsible for carrying out your own checks and taking up suitable references prior to employing any candidate.
5.2 Our total liability whether in contract, tort or otherwise, for any loss or damage arising from or in connection with your instructions and the provision of these services, is limited to an amount equivalent to the Introduction Fee paid by you to us. This limit applies to all causes of action against us in respect of or arising from or in any way connected with the work we undertake for you.
6. General
6.1 All information disclosed by you to us which is confidential shall be treated as such and shall not be disclosed to any third party without your prior and express approval.
6.2 Either party may terminate the agreement between us at any time by giving notice in writing. If you terminate the agreement, you will still remain liable to pay for Introductions Fees due.
6.3 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
6.4 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.
6.5 The Company can accept no liability of any kind for the loss or damage to property or for any other loss including loss of profits or for any injury to persons arising directly or indirectly from any act or omission of any applicant introduced by The Company even if such act or omission is negligent or fraudulent or dishonest.