TERMS AND CONDITIONS OF BUSINESS
A. DEFINITIONS
In these Terms and Conditions the following definitions apply:
‘The Employment Agency’ means ACS Automotive Recruitment Consultancy Ltd T/A ACS Recruitment Consultancy, ACS Automotive Recruitment & ACS Talent Acquisition.
‘The Client’ means the person, firm, company or corporate body to whom the Candidate is introduced.
‘The Candidate’ means the person introduced by the Employment Agency to the Client for the purpose of employment, engagement, interview, or any other form of appointment.
‘Engagement’ means the employment, appointment, contract, consultancy arrangement, or any other agreement entered into between the Client and the Candidate.
‘Remuneration’ means the total taxable emoluments payable to or receivable by the Candidate pursuant to the Engagement, including salary, guaranteed payments, bonuses, commissions, allowances, and any other taxable benefits.
B. THE CONTRACT
(i) These Terms and Conditions shall be deemed accepted by the Client by virtue of the Client interviewing, engaging, or otherwise entering into discussions regarding the Engagement of a Candidate introduced by the Employment Agency.
(ii) No variation, amendment or alteration to these Terms and Conditions shall be valid unless agreed in writing by an authorised representative of the Employment Agency.
C. NOTIFICATION AND FEES
(i) Notification of Engagement
The Client agrees to notify the Employment Agency within seven (7) days of any Engagement of a Candidate introduced by the Employment Agency and shall provide full details of the Candidate’s Remuneration package.
This obligation shall remain in force for a period of twelve (12) months from the date of the Candidate’s introduction.
Where a Candidate is initially rejected by the Client, or where the Candidate declines the Client’s initial offer of Engagement, but subsequently accepts an offer of Engagement with the Client within twelve (12) months of the original introduction, the Client shall remain liable for the applicable recruitment fee.
Should the Client fail to comply with the notification requirements set out in this clause, the Employment Agency reserves the right to charge a fee equal to 20% of the Candidate’s total Remuneration package plus VAT.
(ii) Fees and Payment
The Employment Agency will issue an invoice upon the Candidate accepting an offer of Engagement.
Payment must be made in full within seven (7) days of the Candidate’s commencement date unless otherwise agreed in writing.
The recruitment fee shall be calculated in accordance with the Employment Agency’s Scale of Fees and shall be based on the Candidate’s total Remuneration package for the first twelve (12) months of the Engagement.
The full recruitment fee remains payable regardless of whether the Engagement terminates before the end of the first twelve (12) months.
All fees are exclusive of VAT, which shall be charged at the prevailing rate where applicable.
(iii) Introduction Fee
A fee shall become payable where the Client engages a Candidate introduced by the Employment Agency, whether directly or indirectly, within twelve (12) months of the date of introduction.
This obligation applies regardless of the method by which the Engagement is subsequently arranged, including where the Candidate applies directly to the Client, is introduced through another party, or where the Client becomes aware of the Candidate through another source following the Employment Agency’s introduction.
The Client acknowledges that the introduction of a Candidate’s details, CV, profile or other information by the Employment Agency constitutes an introduction for the purposes of these Terms and Conditions.
(iv) Late Payment and Recovery of Outstanding Sums
All invoices issued by the Employment Agency are payable in full by the due date.
Where payment is not received on time, the Employment Agency reserves the right to:
- Charge statutory interest and recover fixed compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended.
- Recover all reasonable costs incurred in collecting overdue sums, including court fees, legal costs and debt recovery charges where recoverable by law.
- Commence legal proceedings to recover outstanding sums without further notice where payment has not been received by the due date.
The Client acknowledges that failure to pay invoices in accordance with these Terms and Conditions may result in legal action being taken to recover outstanding amounts together with any applicable interest, compensation and recovery costs.
(v) Effect of Late Payment
Where payment is not received in full within seven (7) days of the Candidate’s commencement date, any rebate, replacement guarantee or discounted fee previously offered by the Employment Agency shall automatically cease to apply.
In such circumstances, the Client shall become liable for the full recruitment fee as set out in the Employment Agency’s Scale of Fees applicable at the date of Engagement, less any sums already paid.
D. INDIRECT INTRODUCTIONS
(i) The Client shall be liable to pay the Employment Agency’s fees in accordance with Clause C where an Engagement results directly or indirectly from the Employment Agency’s introduction.
(ii) This includes circumstances where the Client refers the Candidate to any subsidiary, associated company, group company, third party, or any other organisation which subsequently engages the Candidate.
(iii) The Replacement Guarantee shall not apply to any indirect introduction.
E. REPLACEMENT GUARANTEE
(i) Subject to the Client complying with the payment and notification requirements set out in the Replacement Guarantee, the Client shall be entitled to a Replacement Candidate in accordance with the terms of that guarantee.
(ii) If the original Candidate is subsequently re-engaged by the Client, its subsidiary, associated company, or any third party introduced by the Client within six (6) months from the date of termination of the Engagement, the Client shall pay the Employment Agency’s fee calculated in accordance with Clause C and shall not be entitled to the Replacement Guarantee.
F. SUITABILITY
The Employment Agency endeavours to introduce Candidates who, based on the information available to the Employment Agency, appear suitable for the Engagement.
The Client shall take such steps as it considers necessary to satisfy itself as to the suitability of the Candidate and is advised to obtain references and carry out any checks it considers appropriate before engaging the Candidate.
The Client shall be responsible for obtaining any required work permits, arranging medical examinations, investigations into medical history, and satisfying any legal, regulatory or qualification requirements relating to the Engagement.
G. LIABILITY
The Employment Agency shall not be liable for any loss, expense or damage suffered or incurred by the Client arising from or connected with the introduction, Engagement, performance or termination of any Candidate, or from the failure of the Employment Agency to introduce a suitable Candidate.
Nothing in these Terms and Conditions shall exclude or limit liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability which cannot lawfully be excluded or limited.
SCALE OF FEES
Contingency Recruitment
15% of the Candidate’s first twelve (12) months’ Remuneration package.
Search & Selection
20% of the Candidate’s first twelve (12) months’ Remuneration package.
Fixed Term Positions
Charged on a pro-rata basis to contingency recruitment fees. Positions under six months will be negotiated on a fixed fee basis.
Any changes to these fees must be agreed by the Employment Agency in writing.
REPLACEMENT GUARANTEE
If the Engagement terminates within the first twelve (12) weeks, excluding redundancy, and all conditions of this Replacement Guarantee have been met, the Employment Agency will select and present replacement Candidates.
Upon appointment of the Replacement Candidate, the Client will receive an invoice calculated in accordance with the applicable Replacement Guarantee fee structure.
Only one replacement Candidate will be provided.
To qualify for the Replacement Guarantee:
- The Client must ensure payment of the Employment Agency’s invoice is received within seven (7) days of the Candidate’s commencement date.
- The Client must notify the Employment Agency in writing within fourteen (14) days of termination of the Engagement.
- The Client must allow the Employment Agency reasonable time to identify and present a suitable replacement Candidate.
Replacement entitlement:
Weeks 1 to 4: Free Replacement
Weeks 5 to 7: 50% discount on Replacement Fee
Weeks 8 to 10: 40% discount on Replacement Fee
Weeks 11 to 12: 25% discount on Replacement Fee