DEFINITIONS
"Applicant". The person introduced by the Consultants to the Client for an Engagement including any members of the Consultant's own staff.
“Consultants”: Firebird Training Limited of 10 Lonsdale Gardens, Tunbridge Wells, Kent, TN1 1NU.
“Client”: the company, firm or person requesting services for the introduction of permanent employees.
“Engagement”: the engagement of the Consultant’s candidate, whether directly or indirectly through another entity, whether as an employee or otherwise for a permanent position.
“Introduction” or “Introduced”: the provision by the Consultants to the Client of any details of a candidate whether in oral or written form and in respect of which the Client has contacted the Consultants or the Candidate and/or the Client has interviewed the candidate or has initiated any other conduct in response to receiving such candidate’s details.
"Remuneration": includes, without limitation, all salary, payments and other taxable emoluments payable to or receivable on a gross basis by the candidate for services rendered to or on behalf of the Client. All sums are gross and calculated on the basis that the candidate's Engagement is for twelve months unless it is a Short term Placement.
It is agreed that these terms and conditions of business are deemed to be accepted by the Client upon either the signature of these terms and conditions by the Client or upon the Consultants having Introduced a candidate to the Client, whichever events occurs earlier.
These terms and conditions shall supersede and replace any other terms and conditions previously agreed between the Client and the Consultants.
No variation can be made to these terms and conditions without the written consent of a person signing as Director of the Consultants.
English law shall apply to these terms and conditions and all disputes arising thereof are subject to the exclusive jurisdiction of the courts of England and Wales.
1 The fee payable to the Consultants by the Client for the Introduction and Engagement of a candidate by the client is calculated at 20% of the annual Remuneration which the candidate is entitled to earn with the Client. This fee includes an 8 week training and coaching programme and a further 30 days telephone and email coaching and mentoring. The Client will provide full details of Remuneration to the Consultants immediately an Engagement occurs.
2 The Client undertakes to:
(a) Notify the Consultants immediately an Engagement is agreed.
(b) Pay the Consultants' fee within 7 days of the date of the Consultants' invoice.
2.1 No fee is incurred by the Client until the Applicant commences the Engagement when the Consultants will render an invoice to the Client for its fees.
3 VAT is currently not charged in addition to any fee payable.
4 Introductions are confidential. The passing on of details considered for permanent employment to another person resulting in an Engagement by that other person renders the Client liable to pay a fee to the Consultants in accordance with clause 1.
5 (a) If the Consultants’ fees are paid in full in accordance with clause 1 and 2 above and the Client notifies the Consultants in writing within seven days of termination of Engagement the following refund guarantees will apply:
(i) Should the employment terminate within the first eight (8) weeks, then a replacement will be found free of charge, up to and including the eighth (8th) week, subject to a training administration charge which will be invoiced when the replacement is found. This is calculated as follows: Within the first 2 weeks a charge of £594 is payable. Within the first 3 weeks a charge of £891 is payable. Within the first 4 weeks a charge of £978 is payable. Within the first 5 weeks a charge of £1,065 is payable. Within the first 6 weeks a charge of £1,152 is payable. Within the first 7 weeks a charge of £1,239 is payable. Within the first 8 weeks a charge of £1,326 is payable.
(ii) In the event of the Consultant's being unable to find a suitable replacement within a period of two calendar months of receipt of such written notification, and the Client has paid the invoice in full, the Consultant's shall refund the fee paid by the Client for the Introduction of the Applicant less a training administration charge. This is calculated as follows: If the candidate left within the first 2 weeks a charge of £594 will be deducted. If the candidate left within the first 3 weeks a charge of £891 will be deducted. If the candidate left within the first 4 weeks a charge of £978 will be deducted. If the candidate left within the first 5 weeks a charge of £1,065 will be deducted. If the candidate left within the first 6 weeks a charge of £1,152 will be deducted. If the candidate left within the first 7 weeks a charge of £1,239 will be deducted. If the candidate left within the first 8 weeks a charge of £1,326 will be deducted.
(iii) In the event of a replacement Applicant provided without cost to the Client under clause 5(a)(i) hereof leaving a position, the Consultant shall not be required to provide a further replacement or to make any refund under this clause.
(b) Should the Client or any subsidiary or associated company re-engage the candidate within six months from the date of termination of Engagement, a further fee will be charged, calculated in accordance with clause 1 above with no entitlement to the refund.
6 The Consultants endeavour to ensure the suitability of any candidate. The Client shall nonetheless also satisfy itself as to the suitability of any candidate and should take up any references provided by a candidate and/or the Consultants before engaging such candidate. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any candidate and shall notify the Consultants of any medical and other specific requirements, experience or qualifications required by law or by any relevant regulatory or professional body, to work in the position concerned and shall indemnify the Consultants for any costs, expense or other financial liability incurred arising from any breach of this obligation by the Client.
7 The Consultants shall not be liable under any circumstances for any loss, damage, or expense suffered or incurred by the Client arising from or in any way connected with the Consultants seeking a candidate for the Client or the Introduction by the Consultants to the Client of any candidate or the engagement of any candidate by the Client.
8 The Client warrants that there will be no health and safety risk to the Candidate in working for the Client in the position concerned and if there are any such risks, the Client agrees to notify the Consultants, in writing of the nature of such risks and what steps have been taken by the Client to minimise such risks.