 1.
Definition
TLP means TLP Consultancy Limited
Scale of fees
Recruitment fees per placement are based
upon annual earnings in accordance with the following scale:
Annual earnings up to £19,999 at 17.5%
Annual earnings up to £24,999 at 20%
Annual earnings up to £29,999 at 25%
Annual earnings at £30,000 and over at 30%
All management positions are charged at a
minimum of 20% of annual earnings. All dedicated search and
overseas assignments are charged at 30% of annual earnings.
For the purpose of these terms and conditions,
"annual earnings" means all remuneration of any kind whatsoever
for the provision of the services provided by the applicant
during or relating to the period of one year from the date
of engagement of the applicant and includes, without limitation,
basic salary together with any additional income, bonus and
commission, overseas or other allowances (including but not
limited to motor car allowances paid to the applicant), fees
and any other payments or benefits of any kind whatsoever
made, provided or made available to the applicant directly
or indirectly by the Client. Additionally, motor cars provided
to applicants will be assessed as remuneration at the rate
of £5,000 per annum.
All sums due to TLP are exclusive of value
added tax ("VAT") and any other applicable taxes which may
from time to time be introduced which shall be levied in accordance
with the relevant regulations in force at the time of making
the taxable supply and shall be paid by the Client.
2.
Commitment
The interviewing of an applicant introduced
by TLP will be deemed an acceptance by the Client of these
terms of business and an agreement to pay our fees should
an engagement result.
3.
Payment of the Fee
No fees are charged unless an applicant introduced
by TLP is engaged. Engagement means using the services (whether
on a full time, part time or any other basis whatsoever) of
an applicant either directly or indirectly (including but
without limitation through the medium of a company or third
party intermediary). Clients should notify TLP immediately
an applicant introduced by TLP is engaged. When such an applicant
is engaged our fees are calculated as a percentage of the
applicant's gross rate of annual earnings according to the
scale set out above. If an applicant is engaged by a Client
otherwise than on a full time employment contract at a full
open market salary TLP shall be entitled to fees in respect
of the engagement equal to the greater of the percentage of
the applicant’s gross rate of annual earnings according to
the scale set out above or the percentage of the fees and
other benefits payable to and enjoyed by the applicant, the
company and any other third party intermediary (as if such
fees and the value of these other benefits were the applicant’s
gross rate of annual earnings) for the first year following
the date on which the engagement of the applicant by the Client
began, according to the scale set out above.
Our invoice will be raised on the day the
applicant commences the engagement and is payable within thirty
days of that date. All overdue accounts shall carry interest
at the rate of 1½% per calendar month and pro rata for any
part of a month from the due date until payment has been received
in full.
4.
Replacement/Refund Guarantee
Should the applicant be dismissed or leave
within four weeks of commencing the engagement, TLP shall
endeavour to find a replacement at no extra cost to the client.
Should TLP be unable to find a replacement, then the client
shall receive a refund against the fee paid calculated thus:
Should the applicant be dismissed or leave within two weeks
of commencing the engagement 50% of the fee will be refunded.
Should the applicant be dismissed or leave after the expiration
of two weeks but within four weeks of commencing the engagement
15% of the fee shall be refunded (should the Client re-engage
the applicant within twelve months of the applicant being
dismissed or leaving, either no refund shall apply or TLP
shall be immediately reimbursed by the Client for any fee
refunded by TLP in respect of the applicant). Any replacement/refund
is conditional upon TLP being notified in writing of the fact
that the applicant has been dismissed or has left or is no
longer providing services to the Client within one week of
that event, and upon TLP’s invoice having been paid in full
within the thirty day period referred to above.
5.
Confidentiality
Introductions are confidential. To pass them
on to any other party resulting in an engagement renders the
Client to whom the introduction was first made liable to pay
TLP’s fee as if the Client had engaged the applicant. Furthermore,
the information concerning the identity of the applicant,
including his or her name, address, CV and all other details
relating to the applicant belong to TLP. The Client may only
use that information for the purposes of interviewing the
applicant and deciding whether to engage his or her services
and for no other purpose whatsoever. If the Client decides
not to engage the services of the applicant, the Client agrees
with TLP that it will not retain any documents and other records
which contain any details of the applicant and remove such
details from its records and/or data held. If an applicant
is engaged by the Client at any time when the details of that
applicant which were supplied to it by TLP are still in the
possession of the Client, the engagement of that applicant
directly or indirectly by or through the Client shall be treated
as an introduction of that applicant to the Client and fees
will be due to TLP from the Client pursuant to these terms
and conditions in respect of that engagement.
6.
Variation
Any variation of these terms and conditions
must be agreed in writing by an authorised officer of TLP.
7.
Limitations
Whilst every effort is made to maintain a
high standard of integrity and an efficient service introductions
are only effected on the basis that TLP shall be under no
liability for any loss or damage howsoever caused arising
from or consequent upon the introduction of any applicant
(save in the case of death or personal injury (if any) for
which TLP might apart from this clause be legally liable)
and that no reliance is placed by the Client on any statement
or representation concerning the applicant made by either
TLP or the applicant. The selection of an applicant is the
Client's exclusive responsibility and TLP recommend Clients
to make all offers subject to satisfactory references which
they should take up directly, and to verify to their own satisfaction
all statements made by or on behalf of any applicant, in particular
ensuring that any qualifications or medical requirements,
which may be required by law or otherwise, are satisfied.
These terms of business are effective from
16 June 1997 and replace all previous terms issued |
