Legals

SCALE OF FEES

No Introduction Fee is payable by the Client for this service unless an Applicant introduced by Selection Group commences employment with or otherwise works for or on behalf of the Client (subject to clauses 1, 2, 3 and 4 of the terms and conditions above).

All Introduction Fees are expressed as a percentage of the first year’s gross annual remuneration package to include salary, bonuses, commission, overseas premiums, living/accommodation allowances, value of either any provided car at the rate of £2,500 per annum or any car allowance, and any other benefits or remuneration payable to the Applicant (“Gross Annual Remuneration Package”). Introduction Fees for Applicants for part time or reduce d hours working shall first be calculated on a full time equivalent salary and the resultant Introduction Fee shall then be prorated to reflect the reduced hours.

Where an Applicant is sought for a fixed or short term contract, i.e. for less than one year, then a premium of 33.3% shall be added to the standard Introduction Fee for each fixed or short term contract and also for any subsequent extensions thereof up to a period of one year. The resulting Introduction Fee shall be reduced to reflect the contract period relative to one year shall be charged according to the standard Introduction Fee set out herein.

These terms and conditions shall apply to all business undertaken by Selection Group LTD(“Selection Group Ltd”) in its capacity as an employment agency, for any person, firm or other firm of business (“Client(s)”) in respect of the recruitment of permanent members of staff including those on fixed or short term contracts. By accepting a submitted curriculum vitae of any individual introduced or put forward by Selection Group for employment (an “Applicant”) and/or by granting any Applicant an interview (including telephone interviews) and/or by the engagement (which includes employment or use whether under a contract of services or for services) of any Applicant (the date of the earliest of these events being the Introduction Date), the Client shall be deemed to have accepted and agreed to be bound by these terms and conditions, which constitute the entire agreement between the parties, supersede any previous agreements and may not be modified or varied unless agreed in writing by Selection Group.

1. The Client shall pay a fee (“Introduction Fee”) which shall be invoiced on the day an Applicant commences employment with or otherwise works for on behalf of the Client (“Commencement Date”). The Introduction Fee shall be calculated in accordance with Selection Group Ltd scale of fees prevailing from time to time (“Scale of Fees”) plus Value Added Tax at the then prevailing rate

2. In the event that any Applicant, who is rejected by the Client or who rejects an offer of employment from the Client, is subsequently employed by or otherwise works for or on behalf of the Client within twelve months of the Introduction Date, the Client shall pay the Introduction Fee to Selection Group Ltd in accordance with Clause 1 above. This clause shall apply in all circumstances including where, subsequent to the Introduction Date, the Applicant applies directly to the Client for employment or otherwise directly offers his or her services to the Client whether such application or offer is in response to a general advertisement or other form of recruitment media placed by the Client or on the Client’s behalf or otherwise.

3. In the event that the Client introduces an Applicant to another person, firm, business or company including any division, subsidiary, parent, holding or other associated company of the Client (“Third Party”) resulting in the employment or other contractual arrangement of the Applicant with that Third Party within twelve months of the Introduction Date, then (save where the Client has already paid an Introduction Fee to Selection Group Ltd in respect of the said Applicant) the Client shall pay to Selection Group the Introduction Fee in accordance with Clause 1 above as if the Client had engaged the Applicant on the same terms of the Third Party.

4. Unless otherwise agreed in writing, the Client shall reimburse Selection Group with all travelling and out of pocket expenses incurred by Applicants attending an interview.

5. In the case of retained assignments the agreed fee shall be become payable on immediate commencement of the assignment. Should the assigned be subsequently cancelled, filled via a third party or through any other source outside of selection groups introduction then a cancellation fee shall be charged. Cancellation fees are calculated at 20% with the first years projected guaranteed earnings minus the original retainer fee.

GUARANTEE

6. In the event that an Applicant terminates his/her employment with or otherwise ceases to work for or on behalf of the Client, or the Client terminates the employment of, or ceases any other work arrangement with, the Applicant (“Termination”) within 12 weeks of the Commencement Date and provided:-

• monies due from the Client have been paid in accordance with these terms and conditions; and
• That the Client notifies Selection Group Ltd in writing of the Termination within seven days there of; and that the Client or any subsidiary or associated company of the Client does not re-engage the Applicant within twelve months from the date of the Termination; and
• The Termination is not due to redundancy;
• THEN, and only then, Selection Group Ltd shall refund the Client a proportion of the Introduction Fee as follows:-

Length of Service	Refund
Service up to 1 week	90% refund
1 to 2 weeks service	75% refund
3 to 4 weeks service	50% refund
5 to 8 weeks service	25% refund
9 to 12 weeks service	10% refund
Thereafter	No refund

A refund in accordance with the above table shall only be due where a) a replacement applicant cannot be found by Selection Group Ltd within 12 weeks of formal notification of the Termination, or b) a replacement applicant has been found within 12 weeks of formal notification of the Termination in which case the refund shall be applied to the Introduction Fee due in respect of the replacement applicant and the Introduction Fee due in respect of the original Applicant shall remain payable in full. No refund shall be made in the event that the Client does not replace the Applicant.

7. Whilst Selection Group Ltd will endeavour to ensure that any information about the Applicant provided by it is accurate, no warranty is given in this respect and the Client should itself make any checks necessary to ensure the accuracy of the information provided. Subject to Selection Group statutory obligations, the Client shall be responsible for taking up any reference (including the confirmation of any professional or academic qualifications) and shall satisfy itself as the suitability of any Applicant prior to the Commencement Date.

The Client shall be responsible for arranging all medical examinations and investigations and for verifying current driving or other licences of the Applicant and for obtaining any work and other permits.

8. Prior to an Applicant attending an interview with the Client, the Client agrees to provide Selection Group with such information, in writing if requested, relating to the proposed position as may be requested by Selection Group Ltd.

9. Selection Group Ltd shall endeavour to ensure the suitability of any Applicant introduced to the Client and to maintain a high standard of service and integrity, but Selection Group Ltd makes no warranty, expressed or implied, as to the suitability of any Applicant introduced to the Client.

10. If, within three months of an applicant commencing work for the Client, Selection Group Ltd received or obtains information which indicates that an Applicant is or may be unsuitable for the position with the Client, Selection Group Ltd shall inform the Client accordingly. There is no other obligation on Selection Group Ltd to inform the Client if Selection Group receives or obtains such information.

11. Selection Group Ltd shall not be liable for any losses, liabilities, damages, costs, claims, awards, demands or expenses suffered or incurred by the Client relating to the recruitment, employment or engagement of any Applicant by the Client, or the introduction of any Applicant by the Client to any Third Party, however arising.

12. All monies due hereunder shall be payable by the Client within fourteen days of the date of invoice. If any invoice is not paid by the relevant due date then all invoices shall immediately become due for payment as a debt irrespective of their individual due dates.

13. Selection Group reserves the right to charge interest on all invoiced amounts outstanding after the due payment date at the rate of 8% per annum above the base rate until the actual date of payment.

14. Personal data (as defined in the Data Protection Act 1998 or an amendment or re-enactment thereof) in respect of unincorporated Clients which is obtained in the ordinary course of business shall be held and may be used by Selection Group and/or its bankers and the Client consents to the processing of such personal data. The Client undertakes that it shall comply with the Data Protection Act 1998 in respect of any personal data it may have relating to an Applicant.

15. The Client shall, on demand, fully and effectively indemnify Selection Group Ltd against all losses, liabilities, damages, costs, claims, awards, demands and expenses relating to any breach by the Client of these terms and conditions.

16. If at any time any clause or provision of these terms and conditions shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable then the validity, legality and enforceability of the remaining clauses and provisions shall continue in full force and effect.

17. These terms and conditions are governed by the law of and subject to the exclusive jurisdiction of the courts in the United Kingdom in which Selection Group has its registered office.