Terms and Conditions
Governing Permanent and Contract Recruitment
1. Scope of Agreement
1.1. These Terms and Conditions (the “Terms”) constitute the entire agreement between SUE Recruitment and the Client (Job Applicant) and shall govern all work between them. In the event of a conflict between these Terms and any other agreement, the former shall prevail.
In these terms the following words and expressions shall have the following meanings:
“SUE Recruitment” means a recruitment consultancy
“Applicant” means any person introduced by SUE Recruitment to a client for Engagement
“Client” means any person, firm or corporate body who utilises the services of SUE Recruitment or any company within the same group of companies or affiliated business
“Interview” means any discussion between an Applicant and the Client regarding the potential Engagement of an Applicant by the Client whether by telephone, email or meeting
“Engage” refers to the employment of an Applicant by the Client in any capacity
“Engagement” means any engagement whatsoever, including on a permanent basis, on a fixed term contract basis or via the provision of services as an independent contractor under a contract for services
“Fees” means the fees due to SUE Recruitment as set out in Clause 8 below
“Expenses” means all out-of pocket expenses agreed upon beforehand between SUE Recruitment and the Client and reasonably incurred by the Company in the Engagement of an Applicant
“Actual Remuneration” means the total remuneration paid or agreed to be paid to an Applicant. This in respect of the first year of the Engagement which (so far as applicable) may include the total gross amount of the following: basic salary, guaranteed profit share or bonus, housing and living allowances, relocation expenses, car allowance, one-off payments, vacation pay and any additional remuneration added to the applicant’s contract.
“Introduction” means the submission of an Applicant to the Client by post, fax or e-mail
“Commencement Date” means the date of this agreement
“Termination” means the termination of the contract of employment between the Client and the Applicant
- The Contract
3.1. These Terms are deemed to be accepted by the Client by virtue of its arranging an Interview with the Applicant or Engaging the Applicant without Interview following the Introduction of the Applicant to the Client by SUE Recruitment.
3.2. These Terms shall be governed and construed in accordance with Dutch law and the parties agree to submit to the exclusive jurisdiction of the Dutch courts for all purposes in connection with these Terms.
3.3. No variation or alteration of these Terms shall be valid unless agreed upon in writing by a director of SUE Recruitment.
3.4. These Terms are personal to the Client and the Client shall not be entitled to assign or transfer or purport to assign or transfer any of its rights under these Terms and further shall not be entitled to sub-contract any of its obligations under these Terms without the prior written consent of a director of the Company.
3.5. Both parties agree that these Terms shall not be enforceable by a third party. A third party means any person who is not a party to these Terms.
3.6. In the event that any of these Terms is determined invalid, unlawful or unenforceable to any extent, it shall be severed from the remainder of these Terms which shall continue to be valid to the fullest extent permitted by law.
3.7. References in these Terms to the singular include the plural and vice versa.
3.8. References in these Terms to a gender shall be construed as referring to any gender.
3.9. The headings in these Terms are inserted for convenience only and shall not affect its construction.
3.10. References in these Terms to a statute include any modification, amendment or re-enactment of that statute.
3.11. This contract shall continue from the Commencement Date unless and until terminated in accordance with the provision below.
3.12. Either party may terminate this contract at any time by giving 30 days written notice to the other to expire at any time.
4.1. SUE Recruitment will use reasonable endeavours to ensure the suitability of the Applicant but it does not take up references nor seek independent verification of the information supplied by an Applicant. No warranty either express or implied is given by SUE Recruitment as to the suitability of the Applicant for the purposes of the Client or as to the accuracy of any references supplied or qualifications of the Applicant.
4.2. All information given by SUE Recruitment about an Applicant is given in good faith and in reliance of information given to SUE Recruitment by the Applicant. It shall be the responsibility of the Client to take such steps as are necessary to satisfy itself of the suitability of the Applicant and to verify the accuracy of the information supplied by or any statement made by the Applicant. The Client is strongly advised to take up any references provided by the Applicant before Engagement.
4.3. The Client shall be responsible for obtaining all work, security and other permits, verifying professional and academic qualifications, 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 for the position, which the Applicant is sought.
5.1. SUE Recruitment shall not be liable in contract, tort or otherwise for any loss, expense or damage suffered by the Client arising from or in any way connected with the Introduction or Engagement of an Applicant or from the failure of SUE Recruitment to introduce an Applicant or any prospective Applicant.
5.2. Notwithstanding the foregoing, nothing in these terms shall operate to limit SUE Recruitment’s liability for death or personal injury, which occurs as a result of SUE Recruitment’s negligence or that of its employees or agents.
6.1. The Client undertakes to keep confidential and shall procure that its officers, employees and agents and associated and affiliated companies shall at all times keep the Introduction of the Applicant to the Client and all personal information relating to an Applicant, which is supplied to it by SUE Recruitment confidential. Such information is supplied for use by the Client solely in connection with assessing the suitability of the Applicant for an Engagement and the Client shall not be entitled to pass any such information to a third party, including an associated company.
6.2. The Client shall indemnify SUE Recruitment for any costs, claims, damages and expenses that SUE Recruitment may incur as a result of the Client failing to keep such information confidential.
7.1. The Client shall notify SUE Recruitment immediately on any offer of Engagement being made to an Applicant and also when this offer of Engagement has been accepted (whether verbally or in writing) and shall provide written details of the Applicant’s Actual Remuneration to SUE Recruitment.
7.2. The Fees shall be payable where an Engagement takes place at any time within 12 months from the date of the Introduction of the Applicant to the Client by SUE Recruitment. Should the Applicant be introduced to the Client on more than one occasion, the Fees shall be payable where the Engagement takes place within 12 months of the last such Introduction.
7.3. The Client shall not have the right to assign the benefit of an Introduction made by SUE Recruitment and if a Client directly or indirectly, intentionally or otherwise refers an Applicant to a third party which results in an Engagement of the Applicant by that third party the Client shall be liable to pay the Fees as if the Applicant had been engaged by the Client on the same terms as the Applicant has been engaged by the third party.
7.4. If an Applicant introduced by SUE Recruitment is rejected by the Client at any stage or an Applicant rejects an offer made by the Client and is subsequently employed by the Client in any capacity whatsoever within 12 months of rejection, including where an Applicant is reintroduced from another source, the Client shall be liable to pay the Fees.
7.5. The Client shall be liable to pay the Fees where an offer of Engagement has been made verbally or in writing by the Client and which is subsequently withdrawn by the Client after acceptance by the Applicant either verbally or in writing, or where the Client through its own actions discourages the Applicant from accepting the Engagement after an offer of Engagement has been made.
8.1. In consideration of the recruitment services to be provided by SUE Recruitment, the Client shall pay to SUE Recruitment fees as follows:
|10%||Up to €40,000|
|15%||€40,000 – €60,000|
|20%||€60,000 and above|
8.2. Percentage applies to first year’s Actual Remuneration payable to the Applicant, to be invoiced on start date.
8.3. Where the Applicant is engaged on a fixed term basis for a period of less than a year, the Fees shall be calculated on a pro rata basis subject to a minimum fee of £5,000.
8.4. The Client shall reimburse SUE Recruitment for all costs and charges incurred by SUE Recruitment in advertising a vacancy and providing its services, provided that these costs have been agreed by the Client in advance in writing. In such a case SUE Recruitment shall be entitled to invoice the Client for such costs and charges.
8.5. All fees described in this clause are exclusive of VAT, which the Client shall be additionally liable to pay to SUE Recruitment at the prevailing rate.
8.6. Unless otherwise agreed by SUE Recruitment all Fees are calculated and payable in pounds sterling.
8.7. The Client shall pay all Fees not later than 14 days after their invoice date.
8.8. All payments shall be made in full without deduction in respect of any set-off or counterclaim.
8.9. If payment is not received by SUE Recruitment by the date it becomes due, SUE Recruitment reserves the right to suspend all work until receipt of payment and shall be entitled to charge interest on a daily accrual basis of 4% per annum above the base rate. In addition the Client shall indemnify SUE Recruitment and reimburse it for all costs, losses, damages and expenses reasonably incurred by the Company as a result of the Client’s delay or failure in payment and in the collection of such overdue payments.
8.10. If the Client passes on details of the Applicant to a third party and the services of the Applicant are retained by a third party in any capacity, in any role, the Client is immediately liable to SUE Recruitment for the full Fees for the Service as set out in this clause (or any outstanding balance thereof).
8.11. If no initial Engagement results from the Introduction but the services of the Applicant are subsequently retained in any capacity, in any role by the Client within 12 months of the date of the last interview between the Applicant and the Client, the Client shall immediately be liable to SUE Recruitment for the full Fees for this Engagement.
8.12. Failure to pay any Fees due under this clause within the payment terms outlined in Clause 8.7 above will invalidate any guarantees or rebates as outlined below in Clause 9.
- Refund guarantee
9.1. In the event of the Applicant leaving the Client’s service within 28 days of start date, SUE Recruitment will introduce replacement Applicant(s) at no additional Fee in excess of that agreed and paid in accordance with clause 8 above (“Fees”).
9.2. If no suitable replacement can be found within one month, SUE Recruitment will refund 100% of the Fee paid for the Engagement of the Applicant
9.3. No rebate of the Fee or replacement will be made if the Client terminates the Applicant’s contract without reasonable cause, or if the Termination is due to redundancy.
10.1. SUE Recruitment may terminate the agreement without liability to the Client by giving notice to the Client at any time if:
10.1.1 it has given 7 days’ written notice of termination to the Client to expire at any time; or
10.1.2 the Client makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
10.1.3 The Client ceases, or threatens to cease, to carry on business
11.1. The Client agrees that it will not nor will it attempt directly or indirectly to solicit, interfere with, procure or entice away, either alone or jointly with any other firm, company or other organisation, any employee of SUE Recruitment, with whom it was involved in the delivery of recruitment services, to leave the employment of SUE Recruitment (whether or not it would be a breach of contract by the employee) for a period of 12 months after signing these terms. If such solicitation, interference, procuration or enticement results in the SUE Recruitment employee becoming an employee of the Client, a fee will be payable by the Client to SUE Recruitment of €15,000.
12.1. Failure by either party to exercise or enforce any right conferred by these terms shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any other right on any other occasion.
SUE Recruitment Permanent Terms v1 November 2014