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TERMS OF BUSINESS – PERMANENT, SHORT TERM OR ON-GOING STAFF 1. Introduction 1.1 In these Terms of Business (“Terms”) the following expressions shall have the following meanings:  1.1.1 The Agency’ – DB Law Ltd of 14 Wells Park Court, 39 Taylors Lane, Sydenham, London, SE26 6QP;  1.1.2 Candidate’ – a person and/or member(s) of the Agency’s own staff who has been sought, interviewed for,  introduced to and /or obtained placement by the Agency for employment or engagement or work experience  (whether paid or unpaid) by or with a Client;  1.1.3 Client’ – the employer being an individual, firm, corporate body together with any subsidiary or associated  company as defined by the Companies Act 1985 who has sought to engage a Candidate through the services of  the Agency; 1.1.4 Remuneration’ – wages, salary, fees, contractual bonuses and commission, the benefit of  a company car and  any other taxable benefits, as agreed with the Candidate and the Client at the time of engagement;   1.1.5 Short Term Appointment’ means a fixed-term appointment of twelve months or less;  1.1.6 On-going Appointment’ means an appointment with no set end-date at the Candidate’s commencement;  1.1.7 Calendar Year’ – January 1st to December 31st. 1.2 We act as an Employment Agency within the definition of the Conduct of Employment Agencies and Employment  Business Regulations 2003.  2. The Client agrees 2.1    To be bound to these Terms by accepting details of, including the release of a Candidate name by the Agency, or     viewing, or engaging, a candidate introduced by the Agency in a position offered by a Client or in any other position, or for  a short-term appointment;  2.2 That these Terms contain the entire agreement between the parties;  2.3 That no variation or alteration to these Terms shall be valid unless the details of such variation are agreed  between the Agency and the Client and are set out in writing and a signed copy of the varied terms is given to the  Client stating the date on or after which such varied terms shall apply;  2.4 To notify the Agency immediately of any offer, acceptance of an offer and details of an offer which it makes to a  Candidate;  2.5 To pay the Agency’s fees as set out in Clause 3 within 14 days of the date of the employment commencing or  invoice date, if different. Refund clauses will not apply unless payment in full has been made strictly in accordance  with this condition; 2.6 To pay the Candidate direct via the payroll of the Client;  2.7 To give the Agency evidence of hiring related communication from the preceding 6 months, within 5 days of  introduction, relating to any potentially duplicated Candidate introduction by the Agency, providing that no  invitation to interview has occurred via the Agency.  The Agency will then accept that a formal instruction has not  occurred.  2.8 That the Agency, when advised by a Client of a vacancy, may advertise that vacancy under its own name;  2.9 The Candidate is not required to fill a position that is vacant due directly or indirectly to an official industrial  dispute. 3. Fees 3.1 Fees for placing permanent staff are 17% of the annual starting Remuneration of the Candidate.  Invoices will  normally be issued on the date that employment commences  3.2 Clients who engage Candidates for a Short Term Appointment will be charged a fee the equivalent of 17% of the  total Remuneration payable to the Candidate during the short-term appointment.  Invoices will be issued on the  date that employment commences for the length of the assignment;  3.3 If the Client engages or re-engages the Candidate within 12 calendar months from the date of introduction,  termination of the Short Term Appointment or withdrawal of an offer made by the client, the full fee will be  calculated in accordance with Clause 3.1 above;  3.4 Should a Candidate who is introduced to a Client by the Agency (“Original Introduction”), provide information or  acts in any way which results in the Client employing, within 12 calendar months of the Original Introduction, any  other person (“Other Person”), whether permanently or temporarily, a fee for each such Other Person is payable  in accordance with Clause 3 of these Terms;  3.5 Clients who advise the Agency in writing of permanent engagements which take place under the circumstances of  Clause 3.3 above within 7 days of such engagement and provide settlement of the sum in accordance with  Clauses 3.1 and 2.5, will be entitled to a credit of the amount already paid against the full permanent fee as  calculated in accordance with Clause 3.1 above;  3.6 Clients who engage more than 5 permanent candidates during a Calendar Year, and have provided settlement of  the sums in accordance with Clauses 3.1 and 2.5, are entitled to a credit of 1% for each subsequent permanent  placing, up to a maximum discount of 7% and a minimum fee of 10% of the Candidates annual starting  Remuneration;  3.7 Clients who engage Candidates for an On-going appointment will be charged a fee the equivalent of 17% of the  total Remuneration payable to the Candidate during the on-going appointment.  Invoices will be issued at regular  intervals throughout the appointment, normally monthly or at the same interval at which the Candidate is paid by  the Client; 3.8 Clients who provide settlement of the sum referred to in Clause 3.7 in accordance with Clause 2.5, will be entitled  not to pay more than the equivalent full time permanent fee, which will be calculated and agreed with the Client at  the commencement of the On-going appointment, even if the on-going appointment lasts for more than 12  calendar months;  3.9 The fee is chargeable irrespective of whether the position commenced is that for which the Candidate was  originally introduced;  3.10  Fees for placing permanent Candidates with registered charities are 10% of the annual starting Remuneration  provided settlement is made in accordance with Clause 2.5;  3.11 Failure to pay the Agency’s fees in full when due will lead to the entitlement to charge:  i. interest at the rate of 2% per month;   ii. in the case of placement with a registered charity charge the fee at 15% of the annual starting Remuneration  and;  iii. the fee at 25% of the annual starting Remuneration irrespective of other agreements.  4. Refunds  4.1 Refunds are made on two express conditions:  i. that the fee in full has been settled in accordance with Clause 2.5 and provided no other sums are  outstanding from the Client to the Agency.  Accounts not so settled become payable in full irrespective of  the duration of stay of the Candidate and;   ii. that the Agency is notified in writing within 7 days of the Candidate leaving the Client’s employ.  4.2 Should the permanent engagement terminate within twelve weeks of commencement, through no fault of the  Client, the Client can choose either to take another suitable Candidate from the Agency at no extra charge,  providing that the Candidate is of the same experience level, or, a rebate of 50% is allowed against the fee and  will be refunded.  The 50% rebate will also be applicable should the Client choose the replacement option and the  Agency is unable to provide.  5. Responsibilities   5.1  The Agency endeavours to:  i. 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, qualifications and any authorisation  which the Client considers necessary or which may be required by law or by any professional body, and  that the Candidate is willing to work in the position which the Client seeks to fill by obtaining the express  permission of the Candidate prior to sending any details;  ii. to take all such steps as are reasonably practicable to ensure that the Client and Candidate are aware of  any requirements imposed by law or any professional body to enable the Candidate to work in the  position which the Client seeks to fill; iii. to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the  interests of either the Client or the Candidate for the Candidate to work in the position which the Client  seeks to fill. 5.2 To enable the Agency to comply with its obligations under Clause 5.1 above the Client undertakes to provide the  Agency with details of: i. 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; ii. 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 notice that the Candidate would be entitled to give and receive  to terminate the employment with the Client;  iii. any risks to health or safety known to the Client and what steps the Client has take to prevent or control  such risks. General 6. All sums payable pursuant to these conditions unless otherwise stated are exclusive of VAT and other duties or  taxes and any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such  sums. 7. Introductions are strictly confidential.  Should a Candidate or his /her details be passed to any other employer  resulting in a permanent or temporary engagement the Client is liable to pay the full appropriate fee.  8. Whilst every effort is made to maintain a high standard of integrity and a reliable service, the Agency cannot  accept responsibility or liability for any loss, damage, costs or compensation (whether direct, indirect or  consequential) which may be suffered by the Client or for which the Client may become liable, arising out of the  introduction by the Agency of any Candidates, or inability of the Agency to provide a Candidate.  9. Under legislation, we, as an employment agency, are required to verify the identity and qualifications of  candidates.  Due to the fact that we interview candidates by telephone at length where meeting face to face is not  possible, there may be times that we are unable to fulfil these requirements, although every effort will have been  made to do so. 10. The Agency does not have authority to enter into contracts with work-seekers on behalf of the Client.  11. Where the Agency, having introduced a Candidate to you, receives or obtains information, which indicates that the  Candidate is or may be unsuitable for the position in which the Candidate has been employed with that Client, it  shall inform the Client of that information without delay.  This applies for a period of 3 months from the date of  introduction.  12. The Agency will not automatically obtain references on behalf of the Client.  If this is a requirement then the Client  must inform the Agency of this at the time of each job instruction.
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