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1.1 In these Terms of Business the following definitions apply:
- "Applicant" means the person introduced
by the Agency to the Client for an Engagement including
any members of the Agency's own staff.
- "Client" means the person, firm
or corporate body together with any subsidiary or associated
company as defined by the Companies Act 1985 to whom the
Applicant is introduced.
- "Agency" means MatureIT Limited
of 11 Hadleigh Close, Bedford MK41.
- "Engagement" means the engagement,
employment or use of the Applicant by the Client on a permanent
or temporary basis, whether under a contract of service
or for services; under an agency, licensee, franchise or
partnership agreement; or any other engagement pursuant
to which Applicant provides services directly or indirectly
to the Client.
- "Introduction" means the Client's
interview of an Applicant in person or by telephone, following
the Client's instruction to the Agency to search for an
Applicant; or the passing to the Client of a curriculum
vitae or other information which identifies the Applicant
and which leads to an Engagement of that Applicant by the
Client.
- "Remuneration" includes base annual
salary or fees, guaranteed and/or anticipated bonus and
commission earnings, allowances, inducement payments, the
benefits of a company car and all other payments and taxable
(and, where applicable, non-taxable) emoluments payable
to or receivable by the Applicant for services rendered
to or on behalf of the Client. Where a company car is provided
by the employer, a notional amount of £3,500 will be added
to the base annual salary in order to calculate the Agency's
fee.
- "Contracting Fees" includes all
invoices raised by a sub-contractor (introduced by the Agency)
to the Client in respect of interim /contracting roles.
1.2 References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2.1 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
2.2 These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an introduction.
2.3 No variation or alteration of these Terms of Business shall be valid unless the details of such variation are advised by the Agency to the Client in writing or by email and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3.1 The Client agrees:
a) To notify the Company immediately of any offer of an Engagement which it makes to the Applicant;
b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of Remuneration to the Agency; and
c) To pay the Agency's fee including any VAT applicable thereon within 14 days of the date of invoice.
3.2 For Permanent roles (both full time and part time) where the Applicant becomes an employee of the Client the fee payable to the Agency by the Client for an Introduction resulting in an Engagement is 15% of the Remuneration payable and paid during the first 12 months of the Engagement. VAT will be charged on the fee if applicable. The fee will be invoiced after the Engagement has commenced.
3.3 For interim/contracting roles the fee payable to the Agency by the Client for an Introduction resulting in an Engagement is 15% of the Contracting Fee invoiced to the Client by the Applicant for the duration of the contract. The Applicant will contract with the Client directly and will provide the Agency with a copy of all invoices raised. The Agency will invoice the Client for the agreed commission. VAT will be charged on the fee if applicable.
3.4 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the maximum rate permitted by the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until the date of actual payment.
4.1 In order to qualify for the following guarantees, the Client must pay the Agency within 14 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
4.2.1 If the Engagement terminates before the expiry of 10 weeks from the commencement of the Engagement (except where the Applicant is made redundant) a rebate of 15% will be allowed against the Agency's fee for each complete week of the initial 10 week period not worked by the Applicant.
5.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Company a cancellation fee of £750.
6.1 Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client or the third party liable to pay the Agency's fee as set out in clauses 3.2 to 3.4 above with no entitlement to any refund.
7.1 The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant's identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.
7.2 The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
7.3 The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
7.4 Notwithstanding clauses 7.1, 7.2, 7.3 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant or the Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
7.5 To enable the Agency to comply with its obligations under clauses 7.1, 7.2, 7.3 and 7.4 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
8.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
9.1 These Terms are governed by the English law and any disputes arising out of or in connection with them are subject to the exclusive jurisdiction of the English courts.
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