Terms and Conditions of Business - Contingency Programmes

Terms and Conditions - Retained Programmes »

These terms and conditions of business are between TSI Resourcing Limited (hereinafter called the 'Company') and the employer client (hereinafter called the 'Client') and are deemed to be accepted by the client when the client engages or uses the services of the Company or the interview or the engagement (which terms includes employment or use, whether under contract of service or for services) of an applicant introduced by the Company.

These terms and conditions of business together with any proposal from the Company shall govern the contract between the Company and the Client to the exclusion of any other terms or conditions and of any representations made to the Client.

A request by the client to interview any candidate introduced by the company is deemed to be acceptance of these terms and conditions of business.

FEES

20% of first year's emoluments* for salaries up to £49,999
25% of first year's emoluments* for salaries between £50,000 and £99,999
30% of first year's emoluments* for salaries above £100,000

* Emoluments are defined as basic salary, guaranteed bonuses, cash car allowance and any sign- on payments and financial inducements.

PAYMENT TERMS

Payment of all fees and all other costs is due within a maximum of 14 days from invoice date. Invoices are subject to value added tax (VAT) where applicable. The company reserves the right to charge interest at the rate of 12% per annum or pro-rata on late payments. Such interest shall accrue from day to day.

COSTS

All incidental expenses agreed by the Client with the Company in respect of candidate costs will be recharged to the Client.

FREE REPLACEMENT

If any candidate's employment terminates within 12 weeks of commencement, the Company will use best endeavours to replace said individual to the same job description and position at no extra cost provided that:

The Client shall have paid the fee to the Company within 14 days of the date of the Company's invoice or 14 days from the start date of the candidate's employment with the client whichever is sooner
The Client shall have notified the Company in writing of the termination of the candidate's employment (with reasonable evidence thereof) within 7 days thereof.

Note: This free replacement service is not effective where termination of employment is by reason of death or physical incapacity of the candidate or as a direct consequence of re-organisation, redundancy, relocation of the position or major changes in the role.

APPROPRIATE LAW

These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties hereto submit to the non-exclusive jurisdiction of the courts of England.

LIABILITY

Although every reasonable effort is made in the selection of applicants, the Company does not accept any liability for any misconduct or any act or omission on the part of the applicant introduced by it.

VARIATION

No variation can be made to these terms without the written consent of a director of the Company.

WAIVER

No time or indulgence granted to the Company shall operate as a waiver of the company's right hereunder

INTRODUCTIONS

Full fees will be charged for any candidate engaged as a consequence of, or resulting from, the introduction of that candidate to the Client by the Company. If the Client, or any representative or associate or employee of the Client refers the candidate to any other person, firm or corporation then the introduction fee will become payable by the Client as though the Client had themselves engaged the candidate.