Please Note: Marvel FMCG Ltd will donate to Alzheimer’s Society 1% of the annual salary of every candidate who is successfully placed (i.e. who completes ten weeks of employment).
1.2 On a Retained Assignment, fees will be payable as follows:
1.2.1 A Retainer Fee due immediately upon commencement of the assignment and not returnable under any circumstances.
1.2.2 A Completion Fee payable to the Company within 14 days of the invoice date. The Company will submit invoices to the Client at the point the Client has an offer accepted by the Candidate either verbally or in writing.
1.3 All fees shall be calculated in accordance with the Companies scale of fees plus VAT. Statutory interest will be payable on overdue sums.
1.4 If a Retained Assignment is cancelled by the Client or the Client for any reason alters materially (at the discretion of the Company) its requirements submitted to the Company then in addition to the fees payable in accordance with these Conditions the Client shall pay an additional fee of 10% of the stated remuneration plus any other expenses incurred by the Company.
2.1 Client agrees that it shall inform the Company of any information it has that suggests it would be detrimental to the interests of either Client or the Candidate for the Candidate to work in the position which Client seeks to fill.
2.2 Client agrees to provide written notice to the Company Agency within 3 working days where it receives details of a Candidate from the Company which it has already received from (a) another company; or (b) a person; or (c) the Candidate; or (d) any other source including (without limitation) from social media, job boards or advertisements placed by Client. Client further agrees that if no such notice is given by Client to the Company then in the event of an Engagement of the Candidate by the Client, howsoever arising, the Client agrees to pay the Company a fee in accordance with clause 1.4.
2.3 Where the Client does so notify the Company in accordance with clause 2.2 above and whereupon the Client provides evidence to the Company that such receipt of details by the Client is in direct relation to the Vacancy, the Client will not be liable to pay the Company a fee for that Candidate in respect of the Vacancy. Client acknowledges and agrees that where the Client is unable to evidence such or freely admits their possession of the Candidate’s details was not in relation to the Vacancy, the Client agrees to pay the Company’s fee in accordance with clause 1.4.
3.1 Client shall not, and shall not seek to cause the Company to, unlawfully discriminate in relation to the services provided by the Company to Client in connection with these Terms and shall disclose any and all information requested by the Company in the event a Candidate makes a complaint to the Company.
3.2 Client warrants that it shall not, and shall procure that its employees and agents shall not, pass any information concerning a Candidate to any Third Party. Client acknowledges that Introductions of Candidates are confidential and that failure to comply with this clause 3.2 may cause the Company to breach the Conduct Regulations and/or the Data Protection Legislation and accordingly, Client agrees to indemnify the Company from any and all liability in connection with Client’s breach of this clause 3.2.
4.1 The Company endeavours to ensure the suitability of any applicant introduced to the Client. The Client shall notwithstanding satisfy himself as to the suitability of any applicant and shall take up any reference provided by any applicant and/or the Company before engaging such applicant. The Client shall be responsible for obtaining work and other permits, for any arrangement of medical examinations and/or investigations into the medical history of any applicant and satisfy any medical and other requirements or qualifications required in law.
4.2 The Company shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Company seeking an applicant for the Client or the introduction by the Company to the Client of an applicant or the engagement of any applicant by the Client. The Client is responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any applicant and satisfy any medical and other requirements or qualifications required by law.
5.1 The Company does not normally offer to pay interview expenses, eg: travel costs, hotel expenses, etc. However, when a particularly suitable applicant is being considered and screened by the Company on behalf of the Client such expenses will be paid by the Client if they have requested this. The Candidate will directly claim for these expenses from the Client. Receipts will be provided.
6.1 The Client will not approach the Applicant’s current employer until the Client has made a written offer of engagement to the Applicant.
7.1 Client shall notify the Company as soon as possible (and in any event, no later than 7 days from the date of offer or from the date the Engagement takes effect; whichever is earlier) of any offer of an Engagement which it makes to the Candidate.
7.2 Client must notify the Company immediately when its offer of an Engagement to the Candidate has been accepted and to provide details of the Candidate’s Remuneration to the Company; and to pay the Company’s fee within the period set out under clause 1.1.
7.3 If an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after an acceptance by the Candidate through no fault of the Candidate, the Client shall pay the completion fee in accordance with clause 1.1.
8.1 If a Client hires a Candidate within 12 months of the Company’s introduction, we are entitled to the fee that is determined on the same basis as in the case of an introduction in accordance with clause 1.1. We would like to point out that we are entitled to our remuneration for an introduction, even if the role or tasks to be performed or to be performed by the Candidate differ from the role and tasks that were originally communicated to us.
9.1 Should the relevant engagement terminate before the expiry of 10 weeks from the date of commencement of employment and provided:
9.1.1 the Client notified the Company in writing to include a detailed report fully explaining the reasons for the Client’s action within 7 days of the termination of the agreement;
9.1.2 has paid the Company’s fee within 14 days of the date of the invoice;
9.1.3 the termination of employment is not due to redundancy; and
9.1.4 the Candidate’s employment is not terminated by reason of poor performance prior to the completion of any induction or training period then the Company shall endeavour to find a replacement at no extra cost to the Client. If Company does not find a replacement it shall refund the fee paid in accordance with these Terms in the same proportion as the unworked period bears to ten weeks (calculations will be done to the nearest week).
9.2 Scale of Rebate
Week in which engagement terminates % of introduction fee rebated
Non-Commencement 100% or free replacement
0-2 weeks 80%
3-4 weeks 60%
5-6 weeks 40%
7-8 weeks 20%
9-10 weeks 10%
10 weeks+ 0%
9.3 Should the Client or any subsidiary or associated company of the Client subsequently re-engage the applicant within the period of twelve calendar months from the date of termination a full fee in accordance with clause 1.1 becomes payable.
10.1 All invoices will be deemed to be accepted in full by Client in accordance with the payment terms stated within clause 1.1 unless Client notifies the Company, in writing within 5 days of receiving the invoice, stating the amount Client disputes and the reason Client disputes that amount. In the event Client does so notify the Company that it wishes to dispute part of an invoice, Client agrees to pay the undisputed part of the invoice within the agreed payment terms and shall co-operate fully with the Company in order to resolve the dispute as quickly as possible.
10.2 Company reserves the right to charge interest on invoiced amounts overdue at the statutory rate as prescribed pursuant to Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (as may be calculated using the calculator on the website: www.payontime.co.uk) from the due date until the date payment is received in cleared funds and reserves the right to charge compensation and further recovery costs in accordance with the Late Payment of Commercial Debts Regulations 2013.
11.1 Any failure by the Company to enforce at any particular time any one or more of these Terms will not be deemed a waiver of such rights or of the right to enforce these Terms subsequently.
11.2 If any provision, clause or part-clause of these Terms is held to be invalid, void, illegal or otherwise unenforceable by any judicial body, the remaining provisions of these Terms will remain in full force and effect to the extent permitted by law.
11.3 Any reference to legislation, statute, act or regulation will include any revisions, re-enactments or amendments that may be made from time to time.
12.1 No variation can be made to these terms without the written consent of a Director of the Company.
I have read, understood and agree to the Terms of Business set out in this document:
Signed on behalf of XXXX (Client)
Signed
Dated
Signed on behalf of Marvel FMCG Ltd (Company)
Signed Dated
Please note: The Client is deemed to accept these terms upon receipt of a Candidate CV from the Company.