TERMS OF BUSINESS
GENERAL
Denbeigh Warwick Limited ("DWL") effects introductions between employers and potential employees. These terms apply to such services of introduction provided by DWL and will apply unless a variation is agreed in writing by a Director of DWL.
All references to employer, employee, employment, offer of employment, salary and any other words or phrases which are applicable to the relationship of employer and employee shall also be construed as references to the relationship of firm and salaried or equity partner or consultant as if a salaried or equity partner or consultant were an employee.
FEES
1. Fees are charged for each introduction of an employee and are calculated on a fixed fee basis or at an agreed percentage of the projected total remuneration in the first year of employment. The new employee's total remuneration is defined as salary and/or profit share together with the value of any bonuses, commission payments, accommodation allowances, premiums for working abroad, insurances, pension payments, school fees, car allowances, benefits in kind etc; the provision of a motor car will be valued at £5,000 additional salary, of single status accommodation at £4,000 and married status accommodation at £6,000. Employers undertake to inform DWL immediately in writing of the terms of employment (or use whether under a contract of services or for services) agreed with a person introduced by DWL and to provide such information in writing that may be necessary to calculate fees payable.
2. Where for whatever reason the projected total remuneration in the first year of employment cannot be agreed DWL reserves the right to calculate its fees on its own projection of total remuneration,
3. DWL reserves the right to charge an additional fee based upon actual total remuneration in the first year when actual remuneration is materially different from the projected remuneration used in calculating the fee at the time of appointment. Employers undertake to supply DWL with such information in writing as may be necessary to calculate such additional fee.
4. A fee calculated as a percentage of the projected total remuneration in the first year of employment will be charged for the introduction of a new employee as follows:
- Total remuneration up to and including £19,999 – 18%
- Total remuneration between £20,000 and £34,999 – 20%
- Total Remuneration of £35,000 and above – 25%
Such fee will become due upon employment being offered to a person introduced by DWL and such offer of employment being accepted.
5. Retained Search Assignments – DWL provide a complete advertising and search service for employers under separate terms of business.
6. All fees are calculated exclusive of VAT and will bear VAT at the applicable rate.
7. Invoices are payable upon receipt.
8. DWL reserves the right to charge interest on fees unpaid within 28 days of the invoice date. A rate of four per cent above Royal Bank of Scotland PLC's base lending rate will apply calculated on a day-to-day basis as from the date of the invoice until the date of payment.
INTRODUCTION
9. An introduction will have been effected once the employer and potential employee meet as a result of DWL's notification to either of the other’s requirements, be they current, potential or otherwise.
Fees will also be charged if a potential employee introduced by DWL to an employer is engaged, in any capacity, within twelve months of the date of initial introduction having been rejected by, or having rejected an offer of employment from, an employer.
10. If a candidate introduced by DWL to a client introduces one or more other candidates to that client from their previous employer within 12 months of their employment, and the client engages one or more of such other candidates in any capacity, DWL shall be treated as having introduced that or those other candidates through the agency of the candidate to the client and be the effective cause of the introduction and entitled to charge a fee in respect of each of those other candidates so introduced.
11. Were DWL introduces the client to candidates or to any other third parties and this results in a merger, takeover, client referral relationship or other arrangement of benefit to the client within a period of 12 months, from the initial introduction, DWL and the client shall agree an appropriate fee to be paid by the client which shall be no less than £15,000.
OTHER TERMS OF BUSINESS
12. Guarantee - DWL will seek to introduce a replacement employee at no extra charge provided that:
- (i) DWL's fees in respect of the introduction of the employee have been paid in full within 14 days of the date of invoice in respect the date of appointment and
- (ii) the employee has terminated or been dismissed from the employment within 3 months of commencement and
- (iii) the employer notifies DWL in writing of the termination of the employment within 7 days thereof and
- (iv) the employer or any subsidiary or associated company or firm of the employer shall not engage the person within twelve months of the date of termination of employment and
- (v) the termination is not due to redundancy or the liquidation, bankruptcy, dissolution or amalgamation of the employer and
- (vi) the remuneration payable to the replacement employee is not materially different to that paid to the first employee.
13. Privacy - the benefit of introductions made by DWL is not assignable by employers and an employer who passes on an introduction of a potential employee to another will be charged the appropriate fee, as set out above, if employment results. The guarantee provisions set out above will not apply in such circumstances.
14. Warranty - in effecting introductions DWL is obliged to rely upon the good faith of potential employees and cannot accept responsibility for any loss or expenditure incurred by an employer in attempting to effect a meeting with a potential employee. Subject to the provisions of the Unfair Contract Terms Act 1977, DWL cannot accept responsibility for any information or representation concerning potential employees to whom employers may be introduced and in particular the history, character, age, capability or suitability of any potential employee. No representation or warranty is made that any potential employee is or will be available to fill a situation.
15. Marketing – DWL may at its discretion and expense use any reasonable means to advertise, promote or notify potential employees of employers’ requirements.
16. Acceptance - by notifying DWL, whether or not in writing, of a vacancy or agreeing to meet, interview or employ a potential employee introduced by DWL an employer agrees to be bound by these terms of business.
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