Terms & Conditions

Here you can find our Terms and Conditions

  

BENTLEY CORPORATE CONSULTANTS.

 

 

STANDARD TERMS AND CONDITIONS OF BUSINESS FOR THE INTRODUCTION AND RECRUITMENT OF PERMANENT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT

 

1.      DEFINITIONS AND INTERPRETATION

 

1.1           In these Terms of Business the following definitions and rules (directly or indirectly) of interpretation apply:

 

"Applicant" means the person introduced (directly or indirectly)

 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 Bentley Corporate Consultants of: No 6

Hollingworth House, Carriage Drive, Littleborough,

Rochdale. Lancashire.  

OL15 9LE

 

"Engagement" means the engagement, employment or

use of the Applicant by the Client or any third party on a

permanent or temporary basis, whether under a contract of

service or for services; under an Agency, licence, franchise

or partnership agreement; or any other engagement;

               

"Introduction" means

 

(i) 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 (ii)

The passing to the Client of a curriculum vitę or other

information which identifies the Applicant; and which

leads to an Engagement of that Applicant by the Client;

 

"Remuneration" includes base salary, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit 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 Client, a notional amount of £1000 will be added to the salary in order to calculate the Agency's fee.

 

1.2           Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the   feminine and vice versa.

 

1.3           The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

 

1.4           References to clauses are to the clauses of these Conditions.

 

2                     THE CONTRACT

 

2.1                 These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction, or the Engagement of an Applicant.

 

2.2           Unless otherwise agreed in writing by Laura Sankaran or Callum Sarsfield of Bentley Corporate Consultants, these Terms of        Business shall prevail over any other terms of business or purchase conditions put forward by the Client.

 

2.3                 No variation or alteration of these Terms of Business shall be valid unless approved in writing by Laura Sankaran or Callum

                Sarsfield of Bentley Corporate Consultants.

 

 

 

3                     NOTIFICATION AND FEES

 

Fees & Services:

 

3.1                 Fees shall be payable to the Agency by the Client for an Introduction resulting in an Engagement.    

 

3.2                 Unless otherwise agreed in writing by Laura Sankaran or Callum Sarsfield of Bentley Corporate Consultants, fees shall be paid as a percentage of the Remuneration of the Applicant in accordance with the table below, provided that the minimum fee shall be (??)

 

 

Executive Search / Headhunt 

-

33% of the Applicant's annual salary for the first year immediately after Engagement

Retained Exclusive            

-

  22% the Applicant's annual salary for the first year immediately after Engagement

Contingency Recruitment 

-

  25% the Applicant's annual salary for the first year immediately after Engagement

 

3.3                 In addition, VAT shall be payable on all fees at the prevailing rate where applicable.

 

 

3.4           The Client agrees:

 

a)       to notify the Agency 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 the Remuneration to  the Agency; and

 

c)       to pay the Agency's fee within 14 days of the date of invoice.

 

3.5           Contingency Recruitment - No fee is incurred by the Client until the Applicant accepts the offer of Engagement, whether such       an offer shall be conditional or not and whether or not in writing when the Agency will render an invoice to the Client for its fees.

 

3.6                 Retained Exclusive - A fee of 10% will be paid immediately to the Agency upon acceptance of the Client's instruction, when the Agency will render an invoice. This will be followed by the balance of 90% payable upon the Applicant's acceptance of the offer of Engagement, whether such an offer shall be conditional or not and whether or not in writing.

 

3.7                 Executive Search/Headhunt - A third of the fee will be payable on the acceptance of the Client's instructions. The second third will be payable on the Agency delivering a shortlist of candidates to the Client.  For the avoidance of doubt the shortlist will amount to a minimum of two Applicants.  The final third payable on the Applicant's acceptance of the offer of Engagement, , whether such an offer shall be conditional or not and whether or not in writing. The Agency will render invoices accordingly.

 

3.8           The Client shall be responsible for all disbursements incurred by the Agency including all prior-agreed advertising costs, travel      and interview expenses and any expenses the Agency may incur in reimbursing travel and out-of-pocket expenses incurred by         an Applicant in attending any interview with the Client, irrespective of whether the Applicant is engaged.

 

3.9           The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 8% per             annum above the base rate from the time of The Bank of England  from the due date until the date of actual payment.  Failure               to pay the invoice within the agreed 14 days from date of invoice shall also invalidate any refund claim as detailed in clause 4  below.

 

4.                   TERMINATION  

 

4.1                 In the event that the Engagement of an Applicant terminates within 12 weeks of the first date of Engagement of the Applicant and provided that:

 

4.1.1            the Client notifies the Agency in writing of the termination of Engagement within 7 days of such termination;

 

4.1.2            neither the Client nor any subsidiary, associated or holding company of the Client engages or re-engages the Applicant within 12 months of the date of such termination;

 

4.1.3            the termination is not due to redundancy;

 

4.1.4            all monies due from the Client have been paid in accordance with these Condition;

 

4.1.5            the Applicant's Engagement is not termination by the Client without a material reason or terminated unlawfully by the Client: and

 

4.1.6            the Applicant's Engagement is not terminated by the Applicant for reasons relating to the Client's misrepresentation of the role recruited for,

 

                then the Agency shall use its reasonable endeavours to find one replacement at no extra cost to the Client save for       disbursements.

 

                Unless otherwise agreed in writing, the Agency does not find a replacement it shall refund any fees paid under condition 3 in       accordance with the rebate period below (calculated from the first day of the Applicant's Engagement to the effective date of           termination):

 

               

Weeks After Placement Start Date

Refund % of Fee

0 - 4

50%

5 - 12

25%

 

 

4.2                 There will be no rebate if the Applicant leaves during the 13th week following Engagement.

 

4.3                 Should the Client or any subsidiary or associated Agency of the Client subsequently engage or re-engage the Applicant within the period of 12  calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.2 above becomes payable, with no entitlement to the refund.

 

5.            INDEPENDENT APPOINTMENT OF APPLICANT

 

 

5.1                 If an Applicant is rejected by the Client or the Applicant rejects an offer of Engagement and is subsequently engaged by the Client within 12 months of the date on which the Client last interviewed the Applicant via the Agency, the Client shall pay the Contingency Recruitment fee to the Agency in accordance with clause 3.2.

 

5.2                 If within 12 months of the Introduction of an Applicant to the Client, the Client refers an Applicant to a third party resulting in the engagement of the Applicant by a third party the Client shall pay a sum equal to the Contingency Recruitment Fee in accordance with clause 3.2 and indemnify the Agency for any costs incurred in recovering this sum and all losses consequent to this.

 

 

6.         CANCELLATION FEE

 

6.1           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 Agency fee in full relating to the Remuneration in accordance with clause 3.2.

 

7.                   CONFIDENTIALITY AND INTRODUCTION FEES

 

7.1           Information regarding Applicants is provided in the strictest confidence.   It is a condition of the Introduction of an Applicant that     such Introduction is strictly confidential and information relating to the Applicant or the Introduction may not be disclosed  to   any other person, firm or company until the Client has made an offer of Engagement in writing to the Applicant and the            Applicant has accepted such offer.

 

7.2                 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 12 months of the Introduction renders the Client liable to payment of the Agency's fee as set out in clause 3.2 with no entitlement to any refund.

 

7.3                 An introduction fee calculated in accordance with clause 3.2 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 12 months from the date of the Agency's Introduction.

 

7.4                 Where the amount of the actual Remuneration charge is not known the Agency will charge a fee calculated in accordance with clause 3.2 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.

 

 

 

 

8.         SUITABILITY AND LIABILITY

 

8.1                 The Agency endeavours to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant.  The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.

 

8.2                 Whilst the Agency endeavours to ensure that each Applicant is suitable for the Client it makes no warranty, express or implied, regarding the suitability of Applicants.

 

8.3                 Neither party relies on any representatives or warranty made by the other party, and all terms implied by statute or common law are excluded so far as legally permitted.

 

8.4                 If there are any health and safety risks which the Client considers may be detrimental to the Applicant's interests in accepting the position which the Client is seeking to fill, the Client must notify the Agency in writing of the nature of the risks and what steps have been taken to minimise the risks.

 

8.5                 Neither the Agency nor any of its stag shall be liable to the Client for any loss, liability, injury, damage, costs, claims or expense suffered or incurred by the Client arising from or in any way connected with the recruitment or engagement of any Applicant, howsoever arising, including without limitation as a result of any act or omission of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise.

 

8.6                 Except for death or personal injury caused by the Agency's negligence, the Agency shall not be liable for any loss of profit, indirect, special or consequential loss arising out of or in connection with the Introduction, recruitment or engagement of any Applicant, whether cause by the Agency's negligence or otherwise.

 

 

 

9.         GENERAL

 

9.1                 The Client shall not, without the prior written consent of the Agency, assign or deal in any manner with any of its rights under any contract which is subject to these Conditions.

 

9.2                 No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with any contract to which these Conditions apply.

 

9.3                 The parties agree that a failure or delay by either party to enforce any of the provisions set out in these Conditions shall not be construed as a waiver of that party's rights and shall not prejudice its rights to take action in respect of the same in any later instance.

 

9.4                 If any part of these Conditions is wholly or partially void, invalid or unenforceable shall be severed from the remainder (which shall remain enforceable).

 

9.5                 The Agency in providing recruitment services in respect of permanent staff acts as a recruitment agency and does not have the authority to bind an Applicant.

 

9.6                 Any notice to be given by either party to the other shall be in writing, may be sent by recorded delivery, and shall be deemed served 2 days after posting.

 

 

10.        LAW

 

10.                 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales

 

48217.DOC

 

 

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