Terms
TERMS AND CONDITIONS OF BUSINESS
1.
In these Terms and Conditions, the following terms have the following meanings:
- Company: Smart Search Technical Ltd (company number: 15806270). Registered address: 1633 Parkway, Whiteley, Fareham, Hampshire, PO15 7AH
- Client: A person, firm or company or any associated company who engage candidates introduced by the Company.
- Candidate: A person introduced by the Company, who is engaged by the Client.
- Introduction: An introduction shall take place when the Company provides a CV, or other information that identifies the Candidate, with a view to the Client engaging the Candidate. The introduction can apply to a Candidate already known to the Client.
- Engagement: Is deemed to mean employment and shall be construed widely to include, not only any contract of employment, but also the self-employed and persons working on a commission only basis or by association.
- Introduction Fee: The fee payable by the Client to the Company upon the Engagement of a Candidate, who is Introduced by the Company to the Client and is calculated in accordance with clause 6.
2.
These terms are between the Company and the Client who Engage Candidates Introduced by the Company.
3.
These Terms and Conditions of Business are deemed to be accepted and agreed by the Client upon:
- the Client interviewing the Candidate or;
- Engagement of a Candidate Introduced by the Company.
4.
The Introduction Fee becomes payable by the Client for the Introduction of a Candidate resulting in an Engagement, in any capacity, by the Client within twelve months following the last Introduction of that Candidate.
5.
The Introduction Fee becomes payable in full immediately upon the Engagement of the Candidate by the Client. Unless otherwise agreed in writing, payment terms are strictly 14 days from and including the date on which the Candidate commences their Engagement with the Client.
6.
The Introduction Fee shall be calculated in accordance with the percentage below: –
Total Annual Salary Fee
| Total Annual Salary | Fee |
| £0 – £9,999 | 15% |
| £10,000 – £14,999 | 17.5% |
| £15,000 – £19,999 | 20% |
| £20,000 – £24,999 | 22.5% |
| £25,000 + | 25% |
Where a vehicle is included in the package for management positions a value of £3,000.00 is added to the remuneration. The fee charged is calculated against basic remuneration and any guaranteed commissions/bonuses/vehicle/vehicle allowance or other taxable allowances.
A minimum fee of £5,000.00 will apply to any contracting or self-employed Engagement.
All fees are subject to VAT.
7.
Any special terms or discounts to the standard Introduction Fee agreed become null and void and thereafter the standard Introduction Fee and terms will apply if:
- the agreed fee is not paid and received in the Company’s bank account within 14 days (or other period agreed in writing) in accordance with Clause 5 or;
- the Client does not inform The Company of any Engagement on or before the date on which the Candidate starts their Engagement.
8.
The Company reserves the right to invoice a surcharge to the Client of 1% per seven-day period for delays in payment after 30 days have elapsed from the invoice date, and the Client will accept this charge for payment on receipt of invoice.
9.
Introductions by The Company are confidential and if the Client or any representative or employee of the Client or any Agent appointed by the Client refers the Candidate to any other person, firm or corporation within twelve months of the Introduction, then the Introduction Fee will become payable by the Client as though the Client themselves had Engaged the Candidate.
10.
Rebate Structure: Should the Candidate, having taken up Engagement with the Client subsequently leave, the following rebate will be allowed by the Company:
| Up to 2 weeks | 80% |
| Not exceeding 3 weeks | 60% |
| Not exceeding 4 weeks | 40% |
| Not exceeding 5 weeks | 30% |
| Not exceeding 6 weeks | 20% |
| Not exceeding 7 weeks | 15% |
| Not exceeding 8 weeks | 10% |
Applications for the rebate must be received in writing within 7 days of the date the Candidate leaves the Client’s Engagement.
In the event that The Client should fail to honour the Company’s payment terms in accordance with Clause 5, the Client shall forfeit the right to claim any rebate hereunder and the Company’s Introduction Fee shall remain due and owing.
Any discount to our standard Introduction Fee renders our rebate structure null and void.
The rebate will only apply if the Engagement terminates through no fault of the Client.
If, following the issue of a rebate, the Client subsequently Re-Engages the Candidate within a period of six calendar months from the date of termination, the standard Introduction Fee becomes payable with no rebate.
11.
In the event that the Client should fail to honour the Company’s payment terms in accordance with Clause 5, or not inform the Company of any Engagement on or before the date on which the Candidate starts their Engagement, then the Client shall forfeit the right to claim any rebate and the Company’s standard Introduction Fee shall remain due and owing.
12.
Any discount to our standard Introduction Fee renders our rebate structure null and void.
13.
Although the Company endeavours to ensure that appropriate Introductions are made, the Company does not warrant a Candidate’s suitability and the Client shall be responsible for taking references and/or verifying any required qualifications prior to Engagement.
14.
The Company can accept no liability of any kind for the loss or damage to property or for any other loss, including loss of profits, or for any injury to persons arising directly or indirectly from any act or omission of any Candidate Introduced by the Company, even if such act or omission is negligent or fraudulent or dishonest.
15.
In the event that a Candidate is Re-Introduced to the Client through any further alternative third party, or otherwise, and is subsequently Engaged, clauses 4 and 6 shall still take effect.
16.
This Agreement is governed by and shall be construed in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.