1.
DEFINITIONS
In these Terms and Conditions the following definitions
apply:
‘The Employment
Agency’ means
ARC
‘The Client’ means the person, firm or corporate body
to whom the Applicant is introduced.
‘The Applicant’ means the person introduced by the
Employment Agency to the Client for engagement.
‘Remuneration’
means that total of all taxable emoluments payable to or
receivable by the Applicant pursuant to the Engagement.
2.
THE CONTRACT
(a)
These Terms and Conditions are deemed to be
acceptable by the client by virtue of an interview with or
the Engagement of the Applicant.
(b)
No variation or alteration to these Terms and
Conditions shall be valid unless prior approval in writing
by ARC is given.
3.
NOTIFICATION AND FEES
(a)
In the event that the Applicant accepts the
Engagement the Client shall notify the Employment Agency
immediately and provide details of the Remuneration.
This obligation shall cease 12 months
after the introduction of a Candidate by ARC. Where the
Candidate is initially rejected by the Client, or the
Candidate initially rejects the Client's offer of
Engagement, and is subsequently offered and accepts an
Engagement within 12 months of the initial introduction, the
Client shall be liable for the fee arising from such
Engagement and agrees to notify ARC within 7 days of such
Engagement. In the event of a breach of this Clause 2, the
Client shall pay ARC an amount equivalent to 50% of the
Candidate's Remuneration Package.
(b)
The Employment Agency shall invoice the Client upon
appointment of an Applicant and payment must be made in full
on commencement of the Engagement. The fee payable by the
Client is calculated in accordance with the accompanying
scale of fees according to the Remuneration payable to or
receivable by the Applicant during the first twelve months
of the Engagement notwithstanding that the Engagement may be
terminated during that period. All fees are subject to the
addition of VAT.
4.
INDIRECT INTRODUCTIONS
The Client shall be liable to
pay the Employment Agency’s fees in accordance with clause 3
(b) if it refers the Applicant to its subsidiary or
associated companies or any third party that engages the
Applicant or in any event where an Engagement results
directly or indirectly from the introduction of the
Employment Agency. The Replacement and Refund Guarantee
shall not apply to any indirect introduction.
5.
REPLACEMENT GUARANTEE
(a)
If the Client pays the Employment Agency’s fees
within the period prescribed in the accompanying Replacement
Guarantee and the engagement terminates within the specified
periods and written notification of termination is received
within 14 days the Client will be entitled to a Replacement
Applicant in accordance with the provisions of the
guarantee.
(b)
In the event that the original applicant is
subsequently re-engaged by the Client, its subsidiary or
associated company or any third party introduced by the
Client within the period of six months from the date of
termination of the Engagement, the Client shall pay the
Employment Agency’s fee calculated in accordance with Clause
3(b) and shall not be entitled to the Replacement
Guarantee.
6.
SUITABILITY
The Employment Agency
endeavours to ensure the suitability of the applicant:
notwithstanding this the Client shall take such steps as it
deems necessary to satisfy itself as to the suitability of
the Applicant and is advised to take up any references
provided by the Applicant and/or the Employment Agency
before engaging the Applicant. The Client shall be
responsible for obtaining work and other permits for the
arrangement of medical examinations and/or investigations
into the medical history of the Applicant, and satisfying
any medical and other requirements or qualifications
required by law.
7.
LIABILITY
The Employment Agency shall
not be liable under any circumstances for any loss, expense
or damage suffered or incurred by the Client arising from or
in any way connected with the introduction or Engagement of
any Applicant or from the failure of the Employment Agency
to introduce an Applicant.
SCALE OF FEES
Contingency
– 15% of First Years Annual Remuneration Package
Managed Advertising
– 25% of First Years Remuneration Package, all
Advertising Costs and Pre-determined Administration Fee
Search & Selection
– 30% of First Years Remuneration Package, 3 x 10%,
Handling, Short List and Completion Fee
Temporary Positions
– Charged on a pro rata basis to contingency. Positions
under 6 months negotiated on a fixed fee basis. Where a
temporary position is made permanent than the remainder
of the full contingency fee becomes due immediately.
ARC must support any
changes to these fees in writing
REPLACEMENT GUARANTEE
If the Engagement
terminates within 12 weeks, excluding redundancy, we
will select and present replacement Applicants. Upon
appointment of the Replacement Applicant the Client will
receive an invoice for the Replacement Applicant. Only
one replacement is provided for in line with the
following scale.
To qualify for the
Replacement Guarantee, the Client must ensure that
payment is received by ARC upon commencement of
appointment and notify ARC within 14 days of the
date of the termination of the Engagement. The Client
should give ARC reasonable time within which to
put forward a suitable Replacement Applicant. This will
receive the highest priority.
For Engagements terminating during or at the end of:
Weeks 1 to 4: Free Replacement
Weeks 5 to 12: 50% Discount on Replacement Fee
Note:
If payment is not received within 7 days of commencement of
appointment the guarantee will not apply.
![ARC [image]](images/arc_new_logo.gif "ARC [images]"){kind=logo}
