For the introduction of a permanent member of staff to be directly employed by the Client
1. Definitions
- Agency: BMR Associates Limited (BMR Associates) ‘acting as an employment agency’ (Company Registration Number 13091744) whose registered office is at 14 Victoria Square, Droitwich Spa, Worcestershire WR9 8DS.
- Applicant: The person introduced by the Agency to the Client for an Engagement, including any officer or employee of the Applicant if the Applicant is a limited company, and members of the Agency’s own staff.
- Client: The person, firm, or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced; in this instance ……………… (Company Registration Number …………….) whose registered office is at ………………………….
- Engagement: The engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis…
- Fees: The fees on the scale at clause 3.4, calculated as a percentage of the anticipated first year’s Total Remuneration of a Candidate.
- Introduction: (i) The Client’s interview of an Applicant in person or by telephone… or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Applicant, leading to an Engagement.
- Remuneration: Includes base salary, car allowance or company car, guaranteed bonus and commission earnings, allowances, inducement payments, and all other taxable/non-taxable emoluments.
Unless the context requires otherwise, references to the singular include the plural. Headings are for convenience only and do not affect interpretation.
2. The Contract
These Terms constitute the contract between the Agency and the Client and are deemed accepted by the Client by virtue of an Introduction…
3. Notification and Fees
- The Client agrees:
- To notify the Agency immediately of any offer of Engagement made to the Applicant.
- To notify the Agency immediately when an offer has been accepted and provide Remuneration details.
- To pay the Agency’s fee within 28 days of invoice.
- No fee is incurred until the Applicant commences Engagement (except clause 5.1).
- The Agency reserves the right to charge interest on unpaid invoices at 4% per month…
Scale of Fees (Clause 3.4):
4. Rebate
If the appointment is terminated within 8 weeks, a rebate of 12.5% per unused week will be paid, subject to conditions including notification within 14 days, all fees paid, termination not due to redundancy, etc.
5. Cancellation Fee
If the Client cancels after an offer is accepted but before the Applicant starts, 50% of the fee in 3.4 is payable.
6. Introductions
Introductions are confidential. Passing details of an Applicant to a third party that results in an Engagement within 6 months makes the Client liable for fees as in 3.4.
7. Suitability and References
The Agency endeavours to confirm Applicant identity, qualifications, and willingness to work, but the Client must satisfy itself of suitability and obtain work permits, medical checks, etc.
8. Special Situations
Where qualifications or authorisations are legally required (e.g. working with under-18s), the Agency will take all reasonably practicable steps to confirm suitability and provide references.
9. Liability
The Agency is not liable for loss, injury, damage, expense, or delay connected with an Engagement, except where liability cannot be excluded by law. The Client indemnifies the Agency against related claims.
10. Law
These Terms are governed by the law of England & Wales and subject to the exclusive jurisdiction of its Courts.