These General Terms and Conditions (hereinafter referred to as “terms”) shall govern the legal relationship between Ann Louis Consulting (hereinafter referred to as “agency,” “we,” “us,” “our”) and the clients (hereinafter referred to as “client”). These terms will apply to all the recruitment responsibilities accepted and carried out by Ann Louis Consulting and the responsibilities carried out by the client. Unless Ann Louis Consulting expressly accepts the terms and conditions set forth by the client in writing, these present terms and conditions will prevail over all other terms and conditions in the event of a conflict. Additionally, no variation or alteration of the terms shall be valid unless agreed upon by both the agency and the client in writing.
1.1. The client agrees to:
a) Notify the agency if it offers an “engagement” (meaning employment offer/employment) to a “candidate” (meaning applicant or a person introduced by the agency to the client as part of the recruitment process).
b) Notify the agency if the candidate has agreed to/accepted the engagement offered by the client and provide information to the agency about the remuneration agreed between the client and candidate.
c) Settle the fee with the agency within 30 days of receiving the invoice which will be issued on the day the candidate and client agrees to commence an employment relationship.
1.2. The agency’s fee due is 15% of the gross annual salary of the candidate applicable on the first 12 months of the engagement. VAT or equivalent taxes will be charged if applicable.
1.3. A fee will only be incurred by a client once a candidate agrees to commence an employment relationship, rendering the agency to issue an invoice to the client on.
1.4. The agency reserves the right to charge an interest rate of 8% per annum above the base rate on invoiced amounts that have not been paid by the client for more than 30 days.
1.5. For an engagement that is less than 12 months (fixed term), the fee mentioned in clause 1.2 shall be pro-rata. If an extension is made on the engagement beyond the initial fixed-term or the client re-engages the candidate within 6 calendar months from the date of the termination of the first engagement the client shall pay a further fee to the agency. The additional fee shall be based on the additional remuneration applicable from the commencement of the new engagement.
1.6. Should the client subsequently engage or re-engage the candidate within 6 months from the engagement’s termination or withdrawal, the client shall pay a fee to the agency calculated in accordance to clause 1.2.
2.1. To qualify for the refund outlined below, the client must settle the fee due to the agency within 30 days of the specified invoice date. The client must also notify the agency in writing if it has terminated the engagement within 7 days of the termination. If the engagement is terminated before the expiry of 12 weeks from the engagement’s commencement (except if the candidate is made redundant), the fee will be refunded to the client by the agency.
2.2. If clause 1.6 applies, the full fee mentioned in clause 1.2 is payable and no refund will be given to the client.
3.1. Candidate introduction and transmittal of candidate’s data are highly confidential. If a client introduces a candidate selected by the agency for them to a third party which results to an engagement with that third party within 6 months of the introduction by the agency, the client is liable to pay the agency the full fee stated in clause 1.2 without any entitlement for a refund.
3.2. If the client decides to engage more than one candidate introduced by the agency instead of just one that was contractually agreed upon, the client shall pay the agency the full fee specified in clause 1.2 for ‘each candidate’ it engages.
3.3. If the client or candidate terminates the engagement contract during a period of 3 months after the candidate’s starting date, the agency shall work on finding a replacement candidate without any additional cost provided that the following conditions are met:
a) The client notifies the agency in writing about the end of the engagement within 5 days of the termination.
b) All the sums due by the client to the agency have been paid for following the applicable terms and conditions stated herein.
c) The client or one of its subsidiaries or any company of the group has not hired the candidate within a period of 12 months after the termination of the engagement.
d) The termination of the engagement is not a result of a reduction in personnel, modification of the role held by the candidate, or any other redundancy measure.
e) If the replacement candidate found by the agency is higher compared to the previous candidate, the client shall be invoiced to pay for the difference.
4. Qualifications and Requirements
4.1. The agency shall use its best efforts to ensure that a candidate introduced to the client has the right qualifications and is suited to the requirements specified by the client by confirming the candidate’s information and identity. The agency shall carefully review the candidate’s experience, training, and qualifications (required by law or by a professional body) and confirm the candidate’s willingness to work in the role the client is seeking to fill. However, the agency in no event shall replace the evaluation of the candidate by the client.
4.2. When referring a candidate to the client, the agency will disclose the information it has gathered about the candidate (specified in clause 4.1) to the client either in paper or electronic format within 3 business days after the confirmation of the obtained information.
4.3. The agency shall use its best efforts to take practicable steps to make sure that both the client and candidate are informed about any requirements by law or any professional body in relation to the role that a candidate seeks to take and the client seeks to fill.
4.4. The agency shall use its best efforts to take practicable steps to make sure that the role a candidate seeks to take and the client seeks to fill would not be detrimental to the interests of either party.
4.5. Notwithstanding clauses 6.1-6.4 outlined above, the client shall be responsible for taking up any references provided by the candidate before making the decision to engage such candidate. Additionally, the client shall be solely and exclusively responsible for candidate selection, obtaining work permits and/or other requirements/authorisations required by law for the candidate to work in the specified role, arrangement of medical examinations, and for carrying out all duties involving the assignment of tasks/activities to be performed by the candidate during the course of his/her employment.
4.6 The client will hold the agency completely harmless from claims made by candidates and third parties connected with the selection of the candidate.
4.7. To allow the agency to perform its obligations under clauses 4.1-4.4, the client understands that it has the duty to provide the agency with details related to the role it seeks to fill. These include: (a) title of the role and the type of work it entails; (b) work hours and location; (c) experience, training, qualifications and authorisations required by law or any professional body that the candidate needs to possess and/or process to be considered for the role; (d) possible health and safety risks related to the role and the steps being taken by the client to prevent or control such risks.
4.8. In addition to the aforesaid details, the client shall also provide the following information to the agency: (a) date of work commencement; (b) duration or likely duration of work; (c) minimum remuneration rate, expenses, and other benefits offered; (d) intervals of remuneration payment; and (e) length of notice the candidate is entitled to give to terminate the engagement with the client.
5. Liability and Law
5.1. The client shall not hold the agency liable under any circumstances for any damage, loss, expenses, or disputes (whether direct, indirect, or consequential) it may suffer or incur in connection with the recruitment and introduction of candidates by the agency, engagement of a candidate introduced by the agency, or failure of the agency to introduce a candidate. For the avoidance of doubt, the agency does exclude liability for death or personal injury as a result of its own negligence.
5.2. These terms and conditions are bound by the law of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.
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