Terms and Conditions of Business - Retained Programmes

Terms and Conditions - Contingency 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.

FEE STRUCTURE

Search and Selection and Consultancy: Fees and payment schedules for search and selection assignments and all Consultancy will be agreed upon prior to the commencement of any activity by the Company. A contract signed by the Client and the Company will be the basis of the Contract.

ANNUAL EMOLUMENTS

Where fees are agreed as a percentage of emoluments these are taken to include: basic salary, first year on target bonus or commission, any regional or other 'weighting' allowances and or any taxable cash allowances or financial inducements.

Payment terms and conditions are defined below.

TERMINATION

The Company may terminate the agreement immediately by written notice if;

  1. The client is in Breach of any of these terms and conditions
  2. The Client has a petition presented for its winding up or for an administration order to be made in respect of it; has a receiver or administrative receiver appointed over it or any of its assets; resolves to wind itself up (other than for a solvent reorganisation); has a bankruptcy order made against it or any of its partners; or enters or proposes to enter into a composition or voluntary arrangement with its creditors; or
  3. The Client fails to take any written advice given by the Company, whether in the proposal document or subsequently, and, in the reasonable opinion of the Company, such failure effectively prevents the Company from complying with its obligations under this agreement.

This agreement shall be deemed to be cancelled if;

  1. The Client fails to take any written advice given by the Company, whether in the proposal document or subsequently, and, in the reasonable opinion of the Company, such failure effectively prevents the Company from complying with its obligations under this agreement.
  2. An authorised officer of the Client shall cancel or postpone the agreement by giving notice (by any means), no longer having a requirement or filling the position(s) through another source.
  3. The company is unable to provide the services for reasons beyond its control as set out in paragraphs 2a and 2b (Liability, below)

If the agreement shall be terminated for any of the reasons set out above at 1) - 6) at any time prior to the successful completion of the services, then the Company shall be entitled to;

  1. The fees due for all services and direct costs incurred by the Company, whether invoiced or not provided up to the date of termination
  2. Recruitment services fees; the full fee becomes payable if the agreement is terminated by reason of clauses 1-6.

REBATES

Fees are not refundable although the company will endeavour to replace any candidate leaving within the first three months of employment with no further recruitment fees, subject to;

  1. Payment in full of all fees in accordance with the 'payment terms'
  2. The candidate not being made redundant, becoming incapacitated or through death
  3. No major changes having occurred to the role or location of the position

INTRODUCTIONS

Full fees will be charged for any candidate engaged as a consequence of, or resulting from, an introduction by the Company even though the introduction is made indirectly.

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.

If the fees for such an introduction are not agreed in advance, such fees will be charged on the basis of a contingency or register search – see relevant Terms of Business Document, available on request.

PAYMENT TERMS

Payment Terms are 21 days from date of invoice.

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.

LIABILITY

Although every reasonable effort is made in the selection of candidate, the Company does not accept any liability for:

  1. Any misconduct or any act or omission on the part of the applicant introduced by it. The Client is responsible for verifying the references of the applicant and satisfying itself as to the candidate's suitability, qualifications, integrity, ability and experience.
  2. 2) Any failure to provide the services due to any circumstances beyond its reasonable control including, but not limited to:
    1. Changes in the relevant employment market not reasonably foreseeable by the Company at the beginning of the agreement.
    2. The failure of the Client to take the Company's advice as to the strategy to be adopted in the recruitment campaign or as to the budget required and whether given in the proposal document or subsequently.

COSTS

Travel, hotel, medical related and other related expenses necessarily incurred in carrying out the contract and agreed in content in the Contract will be billed to the Client and include both the candidate and the Company's expenses.

WAIVER

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

INTELLECTUAL PROPERTY RIGHTS TO DATABASES

All intellectual property rights in the arrangement and selection of the contents of any databases created by the Company for the purposes of the agreement will remain with the Company. The Company is under no obligation to transfer, transmit or reveal the contents of any such databases to the Client. The Client shall have no right to extract and/or re-utilise the whole or any part of the contents of such databases without the prior written permission of the Company.

VARIATION

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

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 exclusive jurisdiction of the courts of England.