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Terms of Business
1 General Terms
1.1 These terms and conditions of business shall be governed by English Law. No variation of these terms shall be valid or binding on Charles Peters Ltd unless confirmed in writing by a Director of Charles Peters Ltd.
1.2 For the purpose of these terms “Introduction” shall mean Charles Peters Ltd making a Client or a potential Client aware of the availability of a Candidate, whether or not the Candidate or their availability was already known to the Client. “Client” shall mean any person, firm or company to whom Charles Peters Ltd introduces a Candidate. “Candidate” shall mean a person, firm or company seeking a Position. ”Position” shall mean a placement, whether as an employee, under a contract for services, as a director, partner, agent, contractor or otherwise. “Successful Introduction” shall be deemed to have occurred when the Client engages or makes use of any Candidate introduced by Charles Peters Ltd in any Position whatsoever within a period of 18 months from the date of the Introduction. “Total Commencing Remuneration” shall mean, in the case of employed Candidates, their basic annual salary together with any additional guaranteed minimum payment, whether expressed as a bonus, commission or otherwise.
1.3 The Client is deemed to have accepted these terms when;
a) The Client requests Charles Peters Ltd to arrange an Introduction to the Candidate for a position with the Client, or
b) The Client interviews a Candidate who has been subject of an introduction, or
c) A Successful Introduction takes place.
1.4 Charles Peters Ltd may assign or sub-contract its rights and obligations under these terms but the Client may not do so.
1.5 These terms and conditions shall apply to all Introductions by Charles Peters Ltd to the Client to the exclusion of all other terms and conditions.
1.6 If any parts of these terms are found to be invalid, unlawful or unenforceable then such part will be severed from the remainder of the terms which will continue to be valid and enforceable to the fullest extent permitted by law.
1.7 Charles Peters Ltd, but not the Client, shall have the right of set-off.
2 Payment Terms
2.1 Charles Peters fee for a Successful Introduction of a Candidate to a Client shall be:
15% of basic salary
2.2 The Client shall notify Charles Peters Ltd in writing on the day a candidate commences in a Position with the Client.
2.3 Charles Peters Ltd may raise an invoice for its fee at any time following a Successful Introduction. Such invoices shall be payable by the Client without set-off or deduction immediately on receipt of invoice by the client (“the Due Date”) which shall be deemed to be the business day following postage by Charles Peters Ltd. In the event the client fails to notify Charles Peters Ltd in accordance with clause 2.2, the Due Date shall be the date of commencement of the Candidate.
2.4 In the event that a Candidates commencement date is set to be more than six months after his introduction, Charles Peters Ltd may nonetheless raise an invoice for its fee at the expiry of the six month period.
2.5 Fees due to Charles Peters Ltd are exclusive of VAT which shall be payable on such fees and charges at the then prevailing rate.
2.6 All fees are required to be paid within 7 days unless written notification from a Director of Charles Peters. Interest shall run at the rate of 10% on fees outstanding and above the 7 day payment period.
3 Third Parties and re-employment
3.1 The Client shall keep all information concerning Candidates confidential and shall not disclose such information to third parties.
3.2 If the Client or a member of the Clients staff, or any party on behalf of the Client, refers a Candidate to some third person or body (“the Third Party”) and the Third Party with 18 months of the Introduction engages the Candidate in any Position, the Client will be liable to Charles Peters Ltd for a fee calculated in accordance with clause 2.1 as if the Candidate had been engaged by the Client. If the Candidate’s remuneration cannot be ascertained, the fee shall be £3000.
4 Suitability of Candidate
4.1 The responsibility of Charles Peters Ltd is strictly limited to the Introduction of the Candidate and it is the exclusive responsibility of the Client to decide upon the suitability and the selection of the candidate. Charles Peters Ltd advise the Client to take up reference as to the Candidates qualification capabilities, integrity, medical history and suitability generally to meet the job specification and to confirm the content of the candidates CV. References and other information are the exclusive responsibility of the Client.
4.2 It is the responsibility of the Client to obtain any necessary work permit or security clearance requirements.
4.3 The Client warrants that it has not relied on any information made by Charles Peters Ltd in selecting the candidate.
5 Liability of Charles Peters Ltd
5.1 Charles Peters Ltd shall not be liable for any loss, damage or costs, claims or expenses suffered or incurred by the Client arising from, or connected with, the recruitment or engagement of any applicant by the Client howsoever arising.
6.1 Should any candidate introduced by Charles Peters Ltd leave a position with the Client within a period of six weeks the following charges will be refunded;
0-4 weeks 100% of fee
5-8 weeks 50% of fee
9-12 weeks 25% of fee
6.2 This rebate scheme will be subject to the following conditions;
a) The fee due to Charles Peters Ltd has been paid in full by the Client within 7 days of the due date.
b) Charles Peters Ltd received notification from the Client in writing within one week of the candidate leaving the position.
c) Charles Peters Ltd is given sole opportunity to find a suitable replacement for that vacancy and the Client does not recruit or attempt to do so directly.
d) The client has complied with Clause 2.2.