In these Terms and Conditions, the following definitions apply:
‘the Employment Agency’ means NorthCo Automotive Ltd t/a John Gibson Associates.
‘the Client’ means the person, firm or corporate body to whom the Applicant is introduced.
‘the Applicant’ means the person introduced by the Employment Agent to the client for Engagement.
‘the Engagement’ means the engagement, employment or use of the Applicant by the client whether under a contract of services, or through a limited company or any other type of engagement of the Applicant.
‘Gross Annual Salary’ means that total of all taxable emoluments which the Applicant shall be contractually entitled to pursuant to the Engagement.
2. THE CONTRACT
These Terms and Conditions are deemed to be accepted by the client each and every time it is sent an Applicant CV or Applicant details by the Employment Agency.
No variation or alteration to these Terms and Conditions shall be valid unless prior approval in writing by the Employment Agency is given.
3. NOTIFICATION AND FEES
In the event that the Engagement is accepted by the Applicant the Client shall notify the Employment Agency immediately and provide details of the Gross Annual Salary, along with a copy of the offer letter and employment contract of requested.
The Employment Agency shall invoice the Client upon appointment of Applicant and payment must be made in full within seven days of commencement of the Engagement. The fee payable by the Client is calculated by reference to clause 7, being an agreed percentage of gross Annual Salary, 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.
4. INDIRECT INTRODUCTIONS
The Client shall be liable to pay the Employment Agency’s fees in accordance with clause 3 (b) if it refers the Applicant to its subsidiary or associated companies or any third party which engages the Applicant or in any event where an Engagement results directly or indirectly from the introduction of the Employment Agency for a period of twelve months from the time of introduction by the Agency. The Replacement Guarantee at clause 8 shall not apply to any indirect introduction.
The Employment Agency endeavours to ensure the suitability of the Applicant. Notwithstanding this the Client shall take such steps as it deems necessary to satisfy itself as to the suitability of the Applicant and is advised to ta.ke up any references provided by the Applicant 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 law.
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 any purported failure of the Employment Agency to introduce an Applicant.
7. FEES – 20% (+VAT) OF GROSS ANNUAL SALARY
Unless otherwise agreed in writing (changes to fees may impact replacement guarantee).
8. FIXED FEES – (Basic £599, Standard £799, Premium £1299)
Fixed Fee options are non-refundable.
9. REPLACEMENT GUARANTEE
If the Engagement terminates within three months, excluding redundancy, we will select and present replacement Applicants. Upon appointment of the replacement Applicant the Client will receive an invoice for the replacement Applicant. Only one replacement is provided for in line with the following scale.
For Engagements terminating during or at the end of:
Weeks 1 to 4: Free Replacement
Weeks 4 to 8: 50% discount on replacement fee
Weeks 9 to 12: 25% discount on replacement fee
To qualify for the replacement guarantee, the Client must have paid the original invoice when due and must notify the Employment Agency in writing within 14 days of the date of the termination of the Engagement. The Client should give the Employment Agency reasonable time within which to put forward a suitable Replacement Applicant.
In the event that the original applicant is subsequently re-engaged by the Client, its subsidiary or associated company or any third party introduced by the Client within the period of 6 months from the date of termination of the Engagement, the Client shall pay the Employment Agency’s fee calculated in accordance with Clause 3(b) and shall not be entitled to the replacement guarantee.
10. GOVERNING LAW – English law with exclusive jurisdiction of the courts of England and Wales.