Terms & Conditions
1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
“Applicant” means the person introduced by the Consultancy to the Client for an Engagement including any members of the Consultancy’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;
“Consultancy” Fairfax Management Consultants Ltd T/A HotProspects of
Fairfax House
2 Henley Way
Doddington Road
Lincoln
Lincolnshire
LN6 3QR
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement;
“Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Consultancy to search for an Applicant; or (ii) the passing to the Client following an approach to the Consultancy of a curriculum vitæ or other information which identifies the Applicant; and which leads in either case to an Engagement of that Applicant within six months of the happening of (i) or (ii) or, in the event of both happening, whichever is the later;
1.2. Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms of Business can be accepted by the Client in writing or verbally, and are deemed to be accepted by the Client by virtue of an Introduction to an Applicant.
2.2. Unless otherwise agreed in writing by the Consultancy, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
2.3. No variation or alteration of these Terms of Business shall be valid unless approved in writing by the Consultancy.
3. NOTIFICATION AND FEES
3.1. The Client agrees:
a) to notify the Consultancy immediately of any offer of an Engagement which it makes to the Applicant;
b) to notify the Consultancy immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the remuneration to the Consultancy; and
c) if applicable to pay the Consultancy’s fee within 28 days of the date of invoice.
3.2.1 The Consultancy will charge a standard service fee of £1,000 (one thousand pounds) for an Introduction to any Applicant with up to 12 months professional experience following graduation, regardless of date of graduation, and regardless of length of contract offered, and the Client agrees to pay the Consultancy’s fees within 28 days of the date of invoice. VAT will be charged on fee if applicable.
3.2.2 The Consultancy will charge a standard service fee of £2,000 (two thousand pounds) for an Introduction to any Applicant with more than 12 months professional experience following graduation, regardless of date of graduation, and regardless of length of contract offered, and the Client agrees to pay the Consultancy’s fees within 28 days of the date of invoice. VAT will be charged on fee if applicable.
3.2.3 Except in the circumstances set out in clause 3.3 below, no fee is incurred by the Client for any Offer of Engagement to an Applicant for less than 12 months contract as grant funding per Engagement is available to the Client subject to eligibility. Clients must comply with all eligibility criteria. Eligibility criteria are:
a) Clients must have fewer than 250 employees
b) Clients must be based in Lincolnshire or in Bolsover District.
c) Clients must respond to a CV submittal within 48 hours by declining applicant or issuing invitation to interview
3.2.3.1 If a Client does not comply with the eligibility criteria set out in 3.2, the Consultancy reserves the right to charge the standard service fee of £1,000 (one thousand pounds) for an Introduction, and the Client agrees to pay the Consultancy’s fees within 28 days of the date of invoice. VAT will be charged on fee if applicable.
3.2.3.2 If a Client, following an Offer of Engagement to an Applicant for less than 12 months contract, offers the Applicant further employment, the Consultancy reserves the right to charge the standard service fee of £1,000 (one thousand pounds) for an Introduction, and the Client agrees to pay the Consultancy’s fees within 28 days of the date of invoice. VAT will be charged on fee if applicable.
3.2.3.3 The Consultancy reserves the right to issue appropriate subsidies to the fee to any qualifying Client.
3.3. No fee is incurred by the Client for any Introduction until the Applicant commences the Engagement, when the Consultancy will render an invoice to the Client for its fees.
3.4. The Consultancy reserves the right to charge interest on invoiced amounts unpaid for more than 28 days at the rate of 4% per annum above the base rate from time to time of HSBC Bank Plc from the due date until the date of actual payment.
4 WITHDRAWAL OF OFFER
4.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw the offer, the Client is not liable for any fees.
5 INTRODUCTIONS
5.1 Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Consultancy which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Consultancy’s fee as set out in clause 3.2 with no entitlement to any refund.
5.2 Subject to clause 5.3 an Introduction fee in accordance with clause 3.2.1 or 3.2.2 will be charged to the Client in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the Consultancy, whether direct or indirect.
5.3 If a client, as a result of an introduction by the Consultancy, appoints an Applicant and does not notify the Consultancy of the appointment, the Consultancy may, in its absolute discretion, in place of the standard service fee referred to in clause 3.2, substitute a figure which equates to 30% of the agreed gross salary for the first year of the Applicant’s appointment
6 SUITABILITY AND REFERENCES
6.1 The Consultancy endeavours to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this the Client should not rely this and shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Consultancy before engaging such Applicant. The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
7 LIABILITY
7.1 The Consultancy 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 Consultancy seeking an Applicant for the Client or from the Introduction of any Applicant to the Client or from the failure of the Consultancy to introduce any Applicant. For the avoidance of doubt, the Consultancy does not exclude liability for death or personal injury arising from its own negligence.
