1. Definitions
“The Recruitment Consultancy” means Synergis Strategic Resourcing of 2 Minster Court, London EC3R 7BB.
“The Client” means the person, firm or corporate body to whom the Candidate is introduced.
“The Candidate” means the person introduced by the Recruitment Consultancy to the Client for the Engagement.
“Engagement” means the engagement of the Candidate whether under a contract of service or for services.
References to the singular include the plural and vice versa. These Terms and Conditions of Business are deemed to be accepted by the Client once the Recruitment Consultancy and the Client agree that work should commence on an agreed project.
2. Acceptance
The Client accepts that by interviewing a Candidate whose CV was submitted by the Recruitment Consultancy, they unconditionally accept the terms of business outlined herein.
3. Notification of Placement
The Client undertakes to notify the Recruitment Consultancy immediately upon agreeing an Engagement with any Candidate introduced by the Recruitment Consultancy during the preceding 12 months and to pay a fee amounting to 25% of the gross base salary.
4. Fees
- Fees for placement of staff are 25% of base salary only.
- Payment is due within thirty days of the date of invoice. For late payments, an interest charge of 2% per month or part thereof will be levied.
- If the Client refers the Candidate to a subsidiary, associated company, or any third party that engages the Candidate within twelve calendar months of the introduction, the Client shall be liable to pay the Recruitment Consultancy’s fees as detailed in Clause 4(a).
- If the Client hires a Candidate from any source other than the Recruitment Consultancy during an agreed exclusivity period, the Client shall be liable to pay the Recruitment Consultancy’s fees as detailed in Clause 4(a).
- The Client shall be liable to pay the Recruitment Consultancy’s fee where an offer of employment has been made, verbally or in writing, and is subsequently withdrawn by the Client through no fault of the Candidate, or where the Client, through its own actions or decisions, renders the offered role untenable.
All fees and charges are subject to VAT at the prevailing rate. All Candidate travel expenses for interviews are payable by the Client.
5. Refund Guarantee
If the Engagement is terminated, excluding redundancy, reorganisation or restructuring, before the end of twelve weeks from commencement, and the Recruitment Consultancy’s fee has been paid in full, the Recruitment Consultancy will refund a proportion of the paid fee, provided written notice is given within seven days of termination:
| Week of termination | Refund |
|---|---|
| 1–4 weeks | 66% |
| 5–8 weeks | 33% |
| 9–12 weeks | 20% |
If the Engagement lasts beyond twelve weeks, no refund will be made. However, if the Engagement is terminated for a justified reason, in the reasonable opinion of the Recruitment Consultancy, within the following three months, a replacement will be provided at a reduced fee:
| Month of termination | % of standard fee |
|---|---|
| 3–6 months | 60% |
6. Temporary to Permanent Fees
| Prior service with Client | Fee |
|---|---|
| Up to 13 weeks | 100% of normal fee |
| 14–26 weeks | 75% |
| 27–39 weeks | 50% |
| 40–52 weeks | 25% |
| More than 52 weeks | No fee |
7. Liability
While every effort is made by the Recruitment Consultancy to introduce suitable Candidates, it is the Client’s responsibility to satisfy themselves as to the Candidate’s suitability, take up references, arrange medical examinations, and obtain any required work permits prior to Engagement. The Recruitment Consultancy shall not be liable for any loss, including loss of profits, damage, or expense in any way connected with its services.
8. Amendments
No variation to this Agreement shall be effective unless made in writing and signed by both parties.
9. Termination
Either party may terminate this Agreement with thirty (30) days’ written notice.
10. Confidentiality & Data Protection
Confidentiality is critical to the recruitment process and must be maintained by both parties and any third parties involved.
During the course of an introduction, the Recruitment Consultancy may obtain confidential or proprietary information about the Client. This information shall not be disclosed except as necessary for recruitment purposes and with the Client’s prior consent.
Both parties agree to comply with applicable data privacy laws.
11. Jurisdiction
These terms are governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.