Terms and Conditions of Business - March
2007
1. Definition
“The consultant”
refers to a member of Tecconex.
Tecconex
- Automotive Recruitment Agency consultant
Operational address: of
“The client”
refers to the company, individual or individuals agreeing to the terms of
business offered by the consultant.
“Specification”
refers to the specification laid down by the client to the consultant for the
purpose of identifying the skills, abilities and qualifications of the applicant.
“The applicant”
is an individual who has been introduced to the client by the consultant for
the purpose of the client interviewing the applicant to establish suitability
for the purposes of employment. This will be regarded as confidential
information and the client agrees not to divulge the applicant’s details to any
third party.
“Employment”
any period of time when applicant will receive financial benefit or benefit in
kind from the client.
“Appointment”
The condition when the client agrees to provide employment to the applicant.
“The
fee” The fee payable by the client to the consultant as a result of the
client agreeing to employ the applicant.
“Payment date”
The date the fee becomes due for payment by the client this date is seven
calendar days from the date of the invoice.
2. Agreement
a. These terms of business are between the Tecconex consultant
(operational address: of PO Box 3152, Marlborough, SN8 2PR) and “the client”
when the client accepts an introduction to an individual “the applicant” from the
consultant for the purpose of interviewing that applicant with the intention of
offering the applicant a position of employment which is part time full time
permanent or short term contract with either the client or another company or
third party associated with that client or when passing the applicants details
to a third party.
b. This agreement will remain in force for a period of
twenty four months from the date that the client first interviewed the
applicant or received details about the applicant from the consultant.
c. These terms of business are deemed to have been
accepted by the client when the client advises the consultant of a vacancy for employment.
The client is invited to request to inspect the terms of business prior to
issuing a specification to the consultant.
d. These terms of business are subject to change and
the client will be notified of any changes that may take effect.
e. The client agrees not to canvass the applicant for
the details of any other potential applicants without first formally discussing
this procedure with the consultant.
3. Appointment
The client agrees;
a. To notify the consultant immediately an appointment
for employment has been made to the applicant.
b. To procure sufficient information from the
applicant the applicants previous employers the
applicants referees and medical attendants to satisfy the client the applicant
is suitable for employment.
c. To obtain all information necessary to legally
employ the applicant
d. To ensure that the working environment of the
applicant meets the requirements of the Health and Safety Executive.
e. To pay the consultant the fee on or before the
payment date.
4. The Fee
a. The fee payable by the client to the consultant will
be from the fixed priced tariff as agreed by the client and consultant when the
client first presents the specification.
b. The client agrees to pay interest at a rate of 3%
above the LLoydsTSB Bank Plc overdraft rate on any payment due to the
consultant that remains outstanding after the payment date, together with an
administration fee of £50 (fifty pounds) for each notification of late payment.
5. The Fee rebate.
a. In the event the applicant should terminate their
employment or have their employment terminated with the client within a period
of 8 weeks the client agrees to notify the consultant in writing within 5
working days.
b. in
the event described in 5 a. the consultant agrees to refund the fee or part of
the fee to the client based on the scale identified below as “scale of rebate”
providing the fee has been paid in full on or before the payment date.
c. If the fee or part of the fee remains outstanding
after the payment date the fee rebate will not apply.
d. In the event the consultant supplies an alternative
applicant to the client within 14 days of the client notifying the consultant
of the original applicant terminating their employment the consultant will not
be required to rebate any fee and the period of employment with the subsequent
applicants will be added to the period of employment of the previous applicants
and any rebate will be based on the cumulative period of employment.
Period of employment Scale of Rebate
Up to 1 week 100%
Up to 2 Weeks 90%
Up to 3 Weeks 75%
Up to 4 Weeks 50%
Up to 5 Weeks 40 %
Up to 6 Weeks 30%
Up to 7 Weeks 15%
Up to 8 Weeks 5%
After 8 Weeks Nil
All rebates are payable following termination of
employment within the periods stated subject the conditions stated in 5 above.
Periods of sick leave, incapacity, holidays, lay offs, suspension, business closures
will be included as the period of employment.
6. Obligations of Consultant
The obligations of the consultant are limited to;
a. Attempting to supply a suitable applicant for the
client whom the consultant has previously interviewed and ensured as far as
possible that the applicant has met all or most of the criteria set down by the
client in their specification.
b. Refunding any fee rebates as described in 5 above.
c. The client agrees the consultant is not responsible
for any consequential losses howsoever caused.
d. The client agrees to hold the consultant harmless
and will not make any claim against the consultant in the event the applicant;
is unsuitable for employment, causes any damage to property, causes any bodily
injury, becomes involved in any theft or fraudulent activity or any other
reason that might have a detrimental affect on the business of the client.
7. Law
This agreement shall be governed by and construed in
accordance with English Law and the parties hereto irrevocably submit to the
exclusive jurisdiction of the English Courts in respect of any dispute or
matter arising out of or connected with this agreement. Any clause or sub
clause above that is deemed unlawful or unenforceable will not affect the
remaining clauses of the agreement.
Date March 2007
Terms and Conditions of Business