Terms & Conditions
TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF DEFINITIONS
In these Terms of Business the following definitions apply:
“Agency” means Alexander Lucey Ltd, a company incorporated in England and Wales with company number 07559852, having its registered office at Vine House, 143 London Road, Kingston-Upon-Thames, Surrey, KT2 6NH.
“Applicant” means the person introduced by the Agency to the Client for an Engagement including any members of the Agency’s own staff.
“Companies Act” means the Companies Act 2006, as amended.
“Client” means the person, firm or corporate body together with any Subsidiary which the Applicant is introduced.
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services, under an agency, licence, franchise or partnership agreement, or any other engagement, directly or through a limited company of which he/she is an officer or employee.
“Fee” means the fee payable to the Agent which is equal to:
(i) Seventeen and a half per cent. (17.5%) on amounts up to £19,999;
(ii) twenty per cent. (20%) on amounts over £20,000 but below £34,999; and
(iii) twenty five per cent. (25%) on amounts over £35,000.
(i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or
(ii)the passing to the Client of a curriculum vitae or other such information which identifies the Applicant and which leads to an Engagement of that Applicant by the Client.
“Remuneration” includes base salary, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emolu ments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. Where a company car is provided by the Client, a notional amount will be added to the salary in order to calculate the Agency’s fee.
“Subsidiary” has the meaning given to it in the Companies Act save that, for the purposes of s1159 Companies Act, a company shall be treated as a member of another company if:
(a) any of its subsidiaries is a member of the subsidiary; or
(b) any shares in that other company are held by a person acting on behalf of the company or any of its subsidiaries.
1. These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant.
2. Unless otherwise agreed in writing by the Agency, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
3. No variation or alteration of these Terms of Business shall be valid unless approved in writing by a director of the Agency.
4. The client agrees to notify the Agency immediately of any offer of an Engagement which it makes to the Applicant, to notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency, and to pay the Agency’s fee within Seven (7) days of the date of invoice.
5. The Fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated on the Remuneration applicable during the first twelve (12) months of the Engagement. VAT will be charged on the Fee if applicable.
6. If the Engagement terminates before the expiry of eight (8) weeks from the commencement of the Engagement (except where the Applicant is made redundant) a refund will be granted on the below sliding scale.
Sliding scale – In the case of termination of the engagement up to 4 weeks from the start date, 100% of the fee will be refunded. The client will be refunded 50% of the fee in the case of termination of the engagement between 5-6 weeks from the start date. The client will be refunded 25% of the fee in the case of termination of the engagement between 7-8 weeks from the start date. Following the end of the 8th week of engagement, no refund will be offered, in the case of termination of the assignment from this point.
7. There will be no Fee incurred by the client until the applicant commences the Engagement at which point the Agency will render an invoice to the client for its Fee.
8. The agency reserves the right to charge interest on invoiced amounts unpaid for more than Seven (7) days at a rate of two per cent. (2%) per annum above the base rate from time to time of HSBC Bank Plc from the due date until the date of actual payment.
9. In the event that the Engagement is for a fixed term of less than twelve (12) months, the Fee will apply pro- rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within twelve (12) months of the termination of the first Engagement the Client shall be liable to pay a further Fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.