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Terms and Conditions of Business

For the Introduction of Permanent Staff

 

1. Definitions

 

1.1. These terms are between EngineerConnect Recruitment Limited t/a Orbit Recruitment (registration number 15877666, hereinafter referred to as "The Company") and the client, including any associated firm or corporation (hereinafter referred to as "The Client"), who engage "Permanent Staff" introduced by The Company.

 

1.2. "Permanent Staff" refers to applicants engaged for employment by The Client.

 

1.3. "Employment" shall be construed broadly to include any contract of employment, self-employment, and any commission-based or associative working arrangements.

 

2. Acceptance

 

2.1. These Terms and Conditions of Business are deemed to be accepted and agreed upon by The Client upon the occurrence of an interview or engagement (which includes employment or use, whether under a contract of service or for services) of an applicant introduced by The Company.

 

3. Introduction Fee

 

3.1. An introduction fee is payable by The Client for the engagement of a candidate in any capacity within twelve months following the last introduction of that candidate.

 

3.2. The introduction fee becomes payable in full immediately upon the successful applicant commencing employment with The Client. Unless otherwise agreed in writing, payment terms are strictly 14 days from the applicant's start date with The Client.

 

4. Fee Structure

 

4.1. Introduction fees shall be calculated as follows:

 

Total Annual Salary Fee

  • £0 – £9,999: 10%

  • £10,000 – £14,999: 12.5%

  • £15,000 – £19,999: 25%

  • £20,000 – £24,999: 25%

  • £25,000 and above: 20%

 

4.2. Where a vehicle is included in the package, a value of £2,000.00 is added to the remuneration. The fee is calculated against basic remuneration, including any guaranteed commissions, bonuses, vehicle allowances, or other taxable allowances.

 

4.3. A minimum fee of £4,000.00 will apply to any contracting or self-employed engagement.


 

4.4. Credits, as outlined in clause 11, are only applicable to permanent staff and do not apply to contracting, self-employed, or temporary engagements.

 

4.5. All fees are subject to Value Added Tax (VAT).

 

5. Special Terms and Discounts

 

5.1. Any special terms or discounts agreed upon become null and void, and standard fees and terms will apply if:

 

- 5.1.1. The agreed fee is not paid within 14 days (or any other period agreed in writing) as per Clause 3.2.

- 5.1.2. The Client fails to inform The Company of any engagement on or before the applicant's start date.

 

6. Late Payment

 

6.1. The Company reserves the right to invoice a surcharge of 1% per seven-day period for delays in payment after 30 days from the invoice date. The Client agrees to this charge upon receipt of the invoice.

 

7. Confidentiality and Third-Party Referrals

 

7.1. Introductions made by The Company are confidential. If The Client or any representative or employee of The Client, or any agent appointed by The Client, refers the applicant to any other person, firm, or corporation within twelve months of the introduction, the introduction fee, as detailed above, will become payable by The Client as if The Client themselves had engaged the applicant.

 

8. Credits and Employment Termination

 

8.1. If an applicant, having commenced employment with The Client, subsequently leaves, the following credit will be allowed by The Company:

 

Period of Employment Percentage of Credit

  • Up to 2 weeks: 90%

  • Not exceeding 3 weeks: 65%

  • Not exceeding 4 weeks: 45%

  • Not exceeding 5 weeks: 35%

  • Not exceeding 6 weeks: 25%

  • Not exceeding 7 weeks: 15%

  • Not exceeding 8 weeks: 10%

 

8.2. Applications for credit must be received in writing within 7 days of the applicant leaving The Client’s employment.



 

8.3. The Client shall forfeit the right to claim any credit if payment terms are not honoured as per Clause 3.2, and The Company’s standard full fees shall remain due and payable.

 

8.4. Any discount to standard fees, in accordance with Clause 4, renders credits null and void.

 

8.5. Credits will only be issued if employment is terminated through no fault of The Client.

 

8.6. If The Client re-engages the applicant within six calendar months from the date of termination, a full fee as per Clause 4 becomes payable without any guarantee.

 

9. Re-introductions

 

9.1. If an applicant is re-introduced through any alternative agency, person, or otherwise, and is subsequently employed, clauses 3 and 4 shall still apply.

 

10. Suitability and Liability

 

10.1. While The Company endeavours to ensure appropriate introductions, it does not warrant the suitability of applicants. The Client is responsible for taking up references prior to engagement.

 

10.2. The Company accepts no liability for loss or damage to property, loss of profits, or any injury to persons arising directly or indirectly from any act or omission of any applicant introduced by The Company, even if such act or omission is negligent, fraudulent, or dishonest.

 

11. Governing Law

 

11.1. This Agreement is governed by and shall be construed in accordance with the laws of England.

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