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1.1 In these Terms of Business the following
definitions apply:
- "Applicant" means the
person introduced by the Agency to the Client for an Engagement
including any members of the Agency's own staff.
- "Client" means the person,
firm or corporate body together with any subsidiary or associated
company as defined by the Companies Act 1985 to whom the
Applicant is introduced.
- "Agency" means Mature
Lawyers Ltd of 40 Devonshire Drive, London SE10 8JZ.
- "Engagement" means the
engagement, employment or use of the Applicant by the Client
on a permanent or temporary basis, whether under a contract
of service or for services; under an agency, licensee, franchise
or partnership agreement; or any other engagement pursuant
to which Applicant provides services directly or indirectly
to the Client.
- "Introduction" means
the Client's interview of an Applicant in person or by telephone,
following the Client's instruction to the Agency to search
for an Applicant; or the passing to the Client of a curriculum
vitae or other information which identifies the Applicant
and which leads to an Engagement of that Applicant by the
Client.
- "Remuneration" includes
base annual salary or fees, guaranteed and/or anticipated
bonus and commission earnings, allowances, inducement payments,
the benefits of a company car and all other payments and
taxable (and, where applicable, non-taxable) emoluments
payable to or receivable by the Applicant for services rendered
to or on behalf of the Client. Where a company car is provided
by the employer, a notional amount of £3,500 will
be added to the base annual salary in order to calculate
the Agency's fee.
- "Contracting Fees" includes
all invoices raised by a sub-contractor (introduced by the
Agency) to the Client in respect of interim /contracting
roles.
1.2 References to the singular include
the plural and references to the masculine include the feminine
and vice versa where the context requires it.
1.3 The headings contained in these Terms
are for convenience only and do not affect their interpretation.
2.1 These terms contain the entire agreement
between the parties and unless otherwise agreed in writing
by a Director of the Agency, these Terms of Business shall
prevail over any other terms of business or purchase conditions
put forward by the Client.
2.2 These Terms of Business are deemed
to be accepted by the Client by virtue of an Introduction
to, or the Engagement of an Applicant or the passing of any
information about the Applicant to any third party following
an introduction.
2.3 No variation or alteration of these
Terms of Business shall be valid unless the details of such
variation are advised by the Agency to the Client in writing
or by email and a copy of the varied terms is given to the
Client stating the date on or after which such varied terms
shall apply.
3.1 The Client agrees:
a) To notify the Company immediately
of any offer of an Engagement which it makes to the Applicant;
b) To notify the Agency immediately that its offer of an
Engagement to the Applicant has been accepted and to provide
details of Remuneration to the Agency; and
c) To pay the Agency's fee including any VAT applicable
thereon within 14 days of the date of invoice.
3.2 For Permanent roles (both full time
and part time) where the Applicant becomes an employee of
the Client the fee payable to the Agency by the Client for
an Introduction resulting in an Engagement is 20% of the Remuneration
payable and paid during the first 12 months of the Engagement.
VAT will be charged on the fee if applicable. The fee will
be invoiced after the Engagement has commenced.
3.3 For interim/contracting roles the fee payable to the Agency
by the Client for an Introduction resulting in an Engagement
is 20% of the Contracting Fee invoiced to the Client by the
Applicant for the duration of the contract. The Applicant
will contract with the Client directly and will provide the
Agency with a copy of all invoices raised. The Agency will
invoice the Client for the agreed commission. VAT will be
charged on the fee if applicable.
3.4 The Agency reserves the right to charge interest on invoiced
amounts unpaid for more than 14 days at the maximum rate permitted
by the Late Payment of Commercial Debts (Interest) Act 1998
from the due date until the date of actual payment.
4.1 In order to qualify for the following
guarantees, the Client must pay the Agency within 14 days
of the date of invoice and must notify the Agency in writing
of the termination of the Engagement within 7 days of its
termination.
4.2.1 If the Engagement terminates
before the expiry of 5 weeks from the commencement of the
Engagement (except where the Applicant is made redundant)
a rebate of 20% will be allowed against the Agency's fee for
each complete week of the initial 5 week period not worked
by the Applicant.
5.1 If, after an offer of Engagement
has been made to the Applicant, the Client decides for any
reason to withdraw it, the Client shall be liable to pay the
Company a cancellation fee of £750.
6.1 Introductions of Applicants are confidential.
The disclosure by the Client to a third party of any details
regarding an Applicant introduced by the Agency which results
in an Engagement with that third party within 6 months of
the Introduction renders the Client or the third party liable
to pay the Agency's fee as set out in clauses 3.2 to 3.4 above
with no entitlement to any refund.
7.1 The Agency endeavours to ensure the
suitability of any Applicant introduced to the Client by obtaining
confirmation of the Applicant's identity; that the Applicant
has the experience, training, qualifications and any authorisation
which the Client considers necessary or which may be required
by law or by any professional body; and that the Applicant
is willing to work in the position which the Client seeks
to fill.
7.2 The Agency endeavours to take all such
steps as are reasonably practicable to ensure that the Client
and Applicant are aware of any requirements imposed by law
or any professional body to enable the Applicant to work in
the position which the Client seeks to fill.
7.3 The Agency endeavours to take
all such steps as are reasonably practicable to ensure that
it would not be detrimental to the interests of either the
Client or the Applicant for the Applicant to work in the position
which the Client seeks to fill.
7.4 Notwithstanding clauses 7.1, 7.2, 7.3 above the Client
shall satisfy itself as to the suitability of the Applicant
and the Client shall take up any references provided by the
Applicant or the Agency before engaging such Applicant. The
Client is responsible for obtaining work permits and/or such
other permission to work as may be required, for the arrangement
of medical examinations and/or investigations into the medical
history of any Applicant, and satisfying any medical and other
requirements, qualifications or permission required by law
of the country in which the Applicant is engaged to work.
7.5 To enable the Agency to comply with its obligations under
clauses 7.1, 7.2, 7.3 and 7.4 above the Client undertakes
to provide to the Agency details of the position which the
Client seeks to fill, including the type of work that the
Applicant would be required to do; the location and hours
of work; the experience, training, qualifications and any
authorisation which the Client considers necessary or which
are required by law or any professional body for the Applicant
to possess in order to work in the position; and any risks
to health or safety known to the Client and what steps the
Client has taken to prevent or control such risks. In addition
the Client shall provide details of the date the Client requires
the Applicant to commence, the duration or likely duration
of the work; the minimum rate of remuneration, expenses and
any other benefits that would be offered; the intervals of
payment of remuneration and the length of notice that the
Applicant would be entitled to give and receive to terminate
the employment with the Client.
8.1 The Agency shall not be liable under
any circumstances for any loss, expense, damage, delay, costs
or compensation (whether direct, indirect or consequential)
which may be suffered or incurred by the Client arising from
or in any way connected with the Agency seeking an Applicant
for the Client or from the Introduction to or Engagement of
any Applicant by the Client or from the failure of the Agency
to introduce any Applicant. For the avoidance of doubt, the
Agency does not exclude liability for death or personal injury
arising from its own negligence.
9.1 These Terms are governed by the English
law and any disputes arising out of or in connection with
them are subject to the exclusive jurisdiction of the English
courts.
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