Terms and conditions

Definitions

In these terms and conditions the following definitions apply:-

"The Employment Agency" means Shine Recruitment Consultants Ltd or The Authorised Franchisee of Shine Recruitment Consultants (Franchise) Ltd. The Employment Agency is acting as an employment agency within the scope of the Employment Agencies Act 1973.

"The Client" means the person, firm or corporate body to whom the Applicant is introduced.

"The Applicant" means the person whose details have been submitted by the Employment Agency to the Client or the person introduced by the Employment Agency to the Client for an engagement.

"Engagement" means the appointment of the Applicant at any time up to six months after the date of the last interview or initial introduction, whichever is the later, to perform services for or on behalf of the Client whether under a contract of service or for services and whether such services are provided directly or indirectly through another legal entity.

"Remuneration" means the total of all emoluments payable to or receivable by the Applicant pursuant to the Engagement.

The Contract

a) These Terms and Conditions are accepted by the Client by virtue of an interview with, or the Engagement of the Applicant.

b) No variation or alteration to these Terms and Conditions shall be valid or enforceable unless approved in writing by a Branch Manager or a Director of the Employment Agency.

Notification & Fees

In the event that the engagement is accepted by the Applicant the Client shall:

a) notify the Employment Agency immediately and provide details of the Remuneration; and

b) pay the Employment Agency's fee for the introduction of the Applicant within 14 days of the date of invoice. The fee payable by the Client is calculated in accordance with the scale of fees as set out herein or as otherwise agreed in writing by the Employment Agency, on the Remuneration payable to or receivable by the Applicant during the first twelve months of the engagement notwithstanding that the engagement may be terminated during that period. All fees are subject to the addition of VAT.

In the event that payment is not made in accordance with Clause 3b, the Employment Agency reserves the right to charge interest on late debt in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and any applicable secondary or subsidiary legislation.

Any queries on an invoice must be specifically addressed in writing to the Employment Agency within 60 days from the date of the invoice, failing which the Client is deemed to have accepted the contents of the invoice.

The Client shall be liable to pay the Employment Agency's fee in respect of an Applicant introduced notwithstanding that the Client engages the Applicant in a different position to that originally envisaged and whether engaged full time or part time.

Indirect Introductions

The Client shall be liable to pay the Employment Agency's fee in accordance with Clause 3b if the Client introduces the Applicant to any third party or refers the Applicant's details to any third party within six months of the date of the submission of the Applicant's details to the Client by the Employment Agency, the initial introduction of the Applicant to the Client or the last interview of the Applicant by the Client, whichever is the later, and that third party employs or engages the Applicant or in any event where an engagement results directly or indirectly from the introduction of the Employment Agency. The Replacement and Refund Guarantee shall not apply to any indirect introductions.

Replacement & Refund Guarantee

a) If the Client pays the Employment Agency's fees within the periods prescribed in the accompanying Replace and Refund Guarantee and the Engagement terminates, for any reason related to the suitability of the Applicant or by the Applicant's resignation, within the specified periods and written notification of termination is received by the Employment Agency within 7 days the Client will be entitled either to a Replacement Applicant or Refund in accordance with the provisions of the Replace and Refund Guarantee.

b) In the event that payment is not received in accordance with these terms the Client is liable to pay the full invoice.

c) If the original Applicant is subsequently re-engaged by the Client, its subsidiary or associated companies or any third party introduced by the Client within the period of three months from the date of termination of the Engagement the Client shall pay the Employment Agency's fee calculated in accordance with Clause 3b and shall not be entitled to the Replace and Refund Guarantee.

Suitability

The Employment Agency endeavours to ensure the suitability of the Applicant: Notwithstanding this the Client shall take such steps as it is deemed necessary to satisfy itself as to the suitability of the Applicant and is responsible for taking up any references provided by the Applicant and/or the Employment Agency before engaging the Applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of the Applicant, and satisfying any medical and other requirements or qualifications required by the Client or by law.

Liability

The Employment Agency shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or Engagement of any Applicant or from the failure of the Employment Agency to introduce an Applicant.

The Client shall indemnify the Employment Agency against any costs, including legal costs, claims, damages and expenses incurred by the Employment Agency arising from or in any way connected with the introduction of the Applicant to, or engagement of the Applicant by, the Client or the withdrawal, by the Client, of a vacancy.

Scale of fees for the introduction of permanent staff

Total remuneration inc. all taxable emoluments per annum Fee.

up to £10,000 10% (minimum charge £500)
£10,001 -£15,000 12%
£15,001 -£20,000 15%
£20,001 + 18%

Replace and refund guarantee

We offer our clients the choice of a replacement guarantee or refund guarantee if the Engagement terminates prematurely.

Replacement Guarantee

If the Engagement terminates, for any reason related to the suitability of the Applicant or by the Applicant's resignation, within 12 weeks of the commencement of the Engagement we will select and present Replacement Applicants. Upon appointment of the Replacement Applicant the Client will receive a credit note for the original fee and a new invoice for the Replacement Applicant.

To elect for the Replacement Guarantee, the Client must:

• ensure that payment of the original invoice is received within the agreed payment terms; and
• notify the Employment Agency in writing within 7 days of the date of termination of the Engagement that it requires Replacement Applicant. The Client should give the Employment Agency a reasonable time within which to put forward a suitable Replacement Applicant. This will receive the highest priority.

Where the Client does not want a Replacement Applicant or the Employment Agency is unable to introduce a suitable Replacement Applicant the Client will be entitled to a credit note in accordance with the Refund Guarantee.

Refund Guarantee

If the Engagement terminates, for any reason related to the suitability of the Applicant or by the Applicant's resignation, at any time within 20 weeks of the commencement of the Engagement we will provide a refund in accordance with the scale below provided that:

• payment of the original invoice is received within the agreed payment terms; and
• that the Client notifies the Employment Agency in writing within 7 days of the date of termination.

For engagements terminating during: Refund
weeks 1 and 2 - 100%
weeks 3 to 5 - 50%
weeks 6 to 8 - 30%
weeks 9 and 10 - 20%
weeks 11 to 20 - 10%

Note: The Replacement Guarantee is to be on a one off basis and only in accordance with the original instructions. The Refund Guarantee shall not apply in respect of the Replacement Applicant should the Replacement Applicant's engagement terminate prematurely.

If payment is not received within the terms of payment neither the Refund nor Replacement Guarantee shall apply.

Short-term Placement Fee

The fees for short term placements will be calculated as above and apportioned pro-rata. For contracts up to 6 months in duration the Replacement Guarantee is reduced to 6 weeks from the commencement of the Engagement and the Refund Guarantee to 10 weeks from the commencement of the Engagement. The minimum fee

for a short-term placement will be that applicable to a 6 month placement. Should the contract be extended, a further invoice will be raised for the balance of the Introduction Fee.