(operating as an Employment Agency)
1. DEFINITIONS AND INTERPRETATION
1.1 In these conditions of business the following definitions apply:
1.2 The headings in these terms are for convenience only and do not affect their interpretation.
1.3 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in conjunction with it or its subject matter or formation is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
1.4 If any provision or part-provision of these terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant Provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
2. THE CONTRACT
2.1 These terms shall be deemed to be accepted by the Client on the Introduction or Placement of any Candidate or a request by the Client that London Bridge Talent introduces a Candidate to the Client. These terms apply whether or not the Client seeks or places a Candidate for the same type of work for which the Introduction or request for an Introduction was originally made and whether or not the Client is also seeking to fill the relevant vacancy by other means such as internal and external advertising.
2.2 Unless otherwise agreed, these terms shall apply to all Introductions and Placements.
2.3 No variation or alteration to these terms will be valid unless agreed by a Director of London Bridge Talent and the Client and confirmed to the Client in writing.
2.4 These terms (in conjunction with London Bridge Talent’s Conditions of Business) contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of London Bridge Talent, these Terms and Conditions of Business prevail over any other terms and conditions of business or purchase conditions put forward by the Client.
2.5 In the event that the Client should wish to offer employment to any employee of London Bridge Talent who the Client has been introduced to as a result of working with London Bridge Talent, and in the event that an offer should be made within a six-month period of working with that employee, a fee will be charged equivalent to 35% of that employee’s gross annual remuneration with London Bridge Talent.
3. SUITABILITY
3.1 London Bridge Talent endeavours to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidate’s identity; that the Candidate has the experience, training, and any authorisation which the Client considers necessary or which may be required by law or by any professional body.
3.2 To enable London Bridge Talent to comply with its obligations under clause 3.1, the Client undertakes to provide details of the position which the Client seeks to fill, including the type of work that the Candidate would be required to do; the location and hours of work; the experience, training, qualifications, and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent such risks. In addition, the Client shall provide details of the date the Client requires the Candidate to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses, and any other benefits that would be offered; the intervals of payment of remuneration and the length of the notice that the Candidate would be entitled to give and receive to terminate the employment with the Client.
4. NOTIFICATION AND FEES
4.1 The fee payable by the Client for the Introduction of a Candidate where a permanent Placement is subsequently accepted by the Candidate will be calculated by reference to the Candidate’s Remuneration as per Rate Terms.
4.1.1 If a Candidate is employed on a part-time basis, the fee payable will be at the same rate as a full-time permanent Placement; i.e. a Candidate on an annualised Remuneration of £30,000 but the Candidate works only 3 days per week, the fee payable will still be calculated at 15%.
4.1.2 Where prior to the Placement it is agreed that this Placement will be on the basis of a fixed term of less than 12 months, the fee will be calculated as per the Rate Terms (fee table) on a pro-rata basis; i.e. a Candidate on a £25,000 annual Remuneration who is offered a Fixed Term Contract of 6 months will incur a fee of £1,250.00.
4.1.3 Where a fixed-term placement is extended or a permanent placement accepted, further fees are payable calculated as per the Rate Terms.
4.1.4 No guarantees are provided on fixed-term Candidate’s, regardless of whether their status may change to permanent employment.
4.2 The Client agrees to:
4.2.1 notify London Bridge Talent within 7 days of acceptance if a Candidate accepts an offer of a Placement;
4.2.2 notify London Bridge Talent within 7 days of the offer of a Placement details of the Candidate’s Remuneration, and to provide London Bridge Talent with a copy of the offer letter to the Candidate and contract of employment; and
4.2.3 pay London Bridge Talent’s fee in relation to the Introduction within 7 days of the invoice date.
4.3 All charges are subject to VAT at the current rate.
4.4 Where a Candidate accepts a Placement within 12 months of an Introduction either directly or indirectly (to a third party) the Candidate will be considered to have been Introduced as a result of London Bridge Talent’s efforts and will be charged at the Rate Terms (fee table). Any agreed variation to the standard Rate Terms will become null and void and any fee due will revert to London Bridge Talent’s standard Rate Terms (fee table). For the avoidance of doubt, this clause will restart at the beginning of each new Fixed Term Contract.
4.5 Where a written offer of a Placement has been accepted but is subsequently withdrawn by the Client, the Client shall be liable to London Bridge Talent for the Introduction fee in full.
4.6 London Bridge Talent reserves the right to charge interest on any overdue amounts at 8% above the Royal Bank of Scotland base rate, calculated on a day-to-day basis, from the due date of the invoice until the day of receipt of payment.
4.7 In the event London Bridge Talent has agreed to any variation to its standard Rate Terms, and if the invoice has not been settled in accordance with our Conditions of Business, London Bridge Talent reserves the right to charge the Client under the terms of our Standard Rate Terms (fee table).
5. CANDIDATE GUARANTEES
5.1 To benefit from London Bridge Talent’s guarantees (where applicable), the Client must pay all fees due within the payment terms set out in clause 4.2.3 and notify London Bridge Talent in writing within 7 days of a Candidate’s departure.
5.2 If a Candidate resigns or the Client lawfully terminates a placement, London Bridge Talent must be given the opportunity to replace the Candidate exclusively for 4 weeks from the Candidate’s last working day. If no suitable replacement is found within that time, a rebate will be offered as per the Terms of Business.
5.3 If a Candidate leaves within the payment terms, the original invoice must still be processed as due. This ensures any guarantee remains valid while a replacement is being sourced. If the invoice is not settled, London Bridge Talent reserves the right to charge an additional fee under the Rate Terms (fee table).
5.4 For the avoidance of doubt, rebate calculations will use the first and last day of employment, and trial periods are not recognized.
5.5 No guarantees will apply if the Candidate leaves due to redundancy or restructuring.
5.6 If a replacement is made free of charge, London Bridge Talent will have fulfilled its guarantee obligations. No further free replacements or rebates will be provided.
6. LIABILITY
6.1 While London Bridge Talent will make all reasonable efforts to ensure that Candidates supplied to the Client are suitable and possess the necessary skills and competence for the position concerned, London Bridge Talent cannot accept any liability for the conduct of introduced Candidates. It is strongly recommended that Clients undertake their own reference checks to satisfy themselves regarding the Candidate’s qualifications, efficiency, and integrity. London Bridge Talent does not accept responsibility for any shortcomings of Candidates recruited by the Client.
Copyright © 2024 London Bridge Talent - All Rights Reserved.
London Bridge Talent Limited