TERMS AND CONDITIONS OF BUSINESS
Basis of Business
1. All and any business undertaken between V Selective (“the AGENT”) and a CLIENT employer is transacted subject to the Terms and Conditions hereinafter set out each of which shall be deemed or incorporated in any agreement between the Agent and the Client. Acceptance of and agreement to these Terms and Conditions by the Client will be deemed by:
2. Either (a) the agreement of the client to the advertising of a vacancy by the Agent or (b) by the arrangement by the Client of an interview with a candidate introduced by the Agent, verbally or in writing.
3. The client agrees:
a) to notify the Agent immediately of any intention to employ, whether on a permanent or temporary basis, and whether directly or indirectly, any candidate.
b) to pay the fee of the Agent as outlined in paragraph (4).
4. The fee payable to the Agent by the Client for the introduction of a candidate is a percentage of the first year’s gross annual salary package calculated as follows:-
Gross Annual Salary: % of Gross Annual Salary
(including guaranteed bonus, car payable as introduction fee allowance, and valuing a company car at £5,000)
£0 to £ 24,999 = 7.5%
£25,000 and above = 10%
The above fees are shown exclusive of VAT which is charged by the Agent on all fees.
OR you can pay using our Flexible Payment Option which is calculated as follows;
Flexible Payment Option:
£0 to £25,000 = 1% for 10 months
£25,000 and above = 1 % for 12 months
4.1 On a contingency (i.e. success only) search an introduction fee is payable by the Client within 14 days after commencement of employment by the candidate with the Client.
4.2 On a Flexible Payment Option the fee is payable within 14 days of start date and on the same day of each payable month thereafter.
5. If the Client introduces a candidate to another organisation, firm, person or body which employs such candidate directly or indirectly the Client will be responsible and immediately liable for the full amount of the introduction fee as though the Client had employed such candidate.
6. If any candidate is rejected by the Client or the candidate rejects an offer of employment and is subsequently employed by the Client in any capacity (either directly or indirectly) up to and including twelve months of the date on which the candidate is first introduced to the Client, the Client shall pay the introduction fee to the Agent.
7. The Client is responsible for meeting travelling and out-of pocket expenses incurred by candidates attending interview with the Client. Where the Agent agrees to reimburse candidates with such expenses
the Client remains liable to repay these sums to the Agent if agreed in advance.
8. The Client will be invoiced for disbursements incurred for a specific assignment where these have been agreed in advance by the Client.
9. (Positions under £25k)
In the event that an employment terminates within 8 weeks from the commencement of employment then the Agent will be given the opportunity to find a suitable replacement. If the Agent does not find a replacement (a minimum of 4 weeks must be allowed to find a replacement) it will repay to the client a portion of the introduction fee as follows:
where the candidate leaves within 2 weeks we will repay 75% of the fee; 50% for 3 to 5 weeks; 25% for 6 to 8 weeks; no refund will be given where the candidate leaves after the 8th week.
(Positions over £25k)
In the event that an employment terminates within 13 weeks from the commencement of employment then the Agent will be given the opportunity to find a suitable replacement. If the agent does not find a replacement (a minimum of 4 weeks must be allowed to find a replacement) it will repay to the client a portion of the introduction fee as follows: where the candidate leaves within 2 weeks we will repay 90% of the fee; 75% for 3 to 6 weeks; 50% for 7 to 10 weeks; 25% for 11 to 13 weeks; no refund will be given where the candidate leaves after the 13th week.
(Flexible Payment Option)
In the event that an employment terminates within the 10 to 12 months payment schedule the Clients monthly payment to the Agent simply stops, providing all outstanding monthly payments have been paid to the Agent as follows;
i) Payment 1 has been paid in full
ii) If a candidate leaves between payment dates, the Client has paid the Agent any remaining monthly payment(s) or part thereof calculated by the date of departure.
A refund or free replacement will be given provided that:
9.1 the dismissal is justified or the candidate leaves of their own volition
9.2 the termination is not due to redundancy
9.3 the Client notifies the Agent in writing of the
termination of the employment within seven days of such termination.
9.4 in calculating the period of employment for refund purposes the employee’s notice entitlement shall be included whether worked or not.
9.5 all monies due from the Client have been received by the Agent by the due date for payment.
9.6 no refund is due for a candidate subsequently re-employed within twelve months of the initial date of termination. If such refund has already been paid it must be repaid by the Client to the Agent.
9.7 a free replacement has not already been given.
9.8 an alternative offer has not been pre-agreed between the Client and Agent
No refund is due for:
9.9 Payment 1 of the Flexible Payment Scheme unless the candidate leaves within the first 5 days of employment with the Client
10. A candidate’s CV is provided in strict confidence to a Client for that Client’s sole information, and on the basis that the contents are not disclosed to any other person without the Agent’s written consent and in particular that the Client does not approach the candidate’s current employer until the Client
has made a written offer of employment to the Applicant and the candidate has given express permission.
12. From time to time the Agent may receive applications from an existing employee of a past or current Client. All such applications are received in good faith by the Agent and the Agent must reserve the right to continue to exercise its usual endeavours to place that applicant and in respect of that applicant to maintain its usual absolute confidentiality.
Variations of Terms
13. Any variations of these Terms and Conditions will only be valid if agreed in writing by a director of the Agent.
14. The Agent agrees to make every reasonable effort to ensure the suitability of candidates on behalf of Clients but cannot accept responsibility for any loss, expense, damage or delay, however occasioned and the Client agrees to take up
references, obtain work permits and satisfy any medical requirements or qualifications as required by law.
15. These terms of business are governed by UK and English Law and are subject to the exclusive jurisdiction of the UK and English Courts. For the purposes of UK and English Law, V Selective will be deemed to be operating as an employment agency.