(The Agency) will only undertake business under the following terms and conditions. These terms are legally binding so please read them carefully.
General Terms and Conditions
Agency: means Marshall Harber Associates Limited of 239 Kensington High Street, Office 206, Kensington, London, W8 6SN
Client: means the person, firm or corporate body together with any subsidiary or associated company (as defined in the Companies Act 1985 and as amended) to whom the Candidate is Introduced.
Candidate: means the person that is registered with the Agency in the interest of seeking employment.
Introduction: means (i) the Client's interview of a Candidate in person or by telephone, following the Client's instruction to the Agency to search for a Candidate; or (ii) the passing to the Client of a curriculum vitae or any other information relating to the Candidate which leads to the Engagement of that Candidate by the Client.
Engagement: means the engagement, employment or use of the Candidate following an Introduction to the Client on a Permanent or Short Term/trial basis, whether under a contract of service or services; under an agency, licence, franchise or partnership agreement; or any other engagement.
Introduction Fee or Fee: means the fee that becomes due to the Agency based on the Fee Structure (available on request) following the successful Engagement of a Candidate.
Permanent Placement: means the Engagement of any Candidate by a Client either on a part time or full time basis for an indefinite period of time or any term lasting longer than 12 weeks.
Short Term Placement: means the Engagement of any Candidate by a Client for any fixed period of time not exceeding 12 weeks with an agreed date of termination for the employment inside of this time limit.
Overseas Placement: means the Engagement of a Candidate that is to be employed on a Permanent or Short Term basis anywhere that is outside the borders of the United Kingdom & Northern Ireland. For the avoidance of doubt, this includes Candidates employed in the UK that will be required to spend any amount of time working outside the United Kingdom & Northern Ireland.
The headings in these Terms and Conditions are for reference only and do not affect their interpretation. These Terms and Conditions of Business are between Marshall Harber Associates Ltd. (the Agency) and the employer (the Client) and are deemed to be accepted by the Client if:
a. The Client receives an Introduction of a Candidate from the Agency and/or contacts the Candidate and/or interviews the Candidate and/or thereafter Engages the Candidate.
b. The Client introduces a Candidate or passes on an Introduction to any 3rd party.
- 1 The Agency is acting as an Employment Agency as defined in the Employment Agencies Act 1973
- 2 When registering a job vacancy with the Agency, the Client agrees to provide details of the position being offered, including the type of work, duties, hours of work, duration of employment, salary offered, the requirements as to experience and qualifications, any authorisation required by law or any professional body and any risks known to health and safety. The Agency will endeavour to ensure the suitability of the Candidate Introduced to the Client by obtaining confirmation of the Candidate's identity, experience, training qualification which the Client considers necessary or which may be required by law or by any professional body.
- 3 The Agency acts as a means of Introduction only for Permanent and Short Term staff to be directly employed by the Client. The Agency endeavours to ensure the suitability of any Candidate Introduced to the Client. Notwithstanding this, the Client shall satisfy itself as to the suitability of the Candidate by taking up any references provided by the Candidate or the Agency before Engaging said Candidate. The final responsibility and final decision as to whether such a Candidate should be Engaged for a Permanent or Short Term position is that of the Client. If required, 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 satisfying any medical and other requirements or qualifications required by law of the country in which the Candidate is Engaged to work.
- 4 The Agency shall not be liable under any circumstances for any loss, expense, damages, delay, costs or compensations (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to Introduce any Candidate. No liability shall attach to the Agency either in contract or in tort for loss, injury or damage sustained as a result of the act or omission of a Candidate, however so arising, even if such act or omission is fraudulent or negligent. The Client acknowledges that it should consider taking out appropriate insurance in order to cover against any losses. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
- 5 The Client agrees to provide a contract of employment to the Candidate and is responsible for the Candidate's Tax and National Insurance contributions, where applicable, in the country where the Candidate is employed.
- 6 The Agency reserves the right to advertise any vacancy registered by The Client using any means it deems necessary to source a suitable Candidate. The Client's identity and information will be kept strictly confidential during this process. In the interest of increasing the number of responses, vacancies will be advertised on 3rd party websites as well as our own internet job board unless the Client advises otherwise.
- 7 The Client acknowledges that on entering into this agreement it had the opportunity of taking independent legal advice when deciding whether to enter into this agreement and to the effect of its terms.
- 8 If any Condition or part thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining Conditions or part thereof, which shall remain in full force and effect.
- 9 Unless otherwise agreed in writing by a Managing Director of the Agency, these Terms and Conditions of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
- 10 Any delay in us enforcing or seeking to enforce any of our rights arising from the Conditions is not a waiver of such rights which remain fully enforceable by us at all times. These Terms and Conditions shall be governed by and be construed in accordance with the laws of England and Wales and each party hereto agrees to submit to the jurisdiction of the English Courts.
- 11 The Agency operates a complaints and disputes procedure. If you wish to lodge a complaint or dispute, details of the issue must be submitted to the Agency in writing and can be sent to firstname.lastname@example.org.
- 12 The Client agrees to provide written notification to the Agency of any job offer made to the Candidate including details of agreed salary, Candidate's name and the agreed start date. Notifications of Short Term Placements must include the date that the employment will end.
- 13 All notifications provided to the Agency by the Client in accordance with clause 12 will be deemed by the Agency to be a successful placement of a Candidate. The Fee for Permanent Placements becomes payable on the agreed start date. The Fee for Short Term Placements becomes payable upon receiving notification of the job offer.
- 14 If a Client decides to trial a Candidate before Engaging them on a Permanent basis, any trial will be treated as a Short Term Placement.
- 15 The Client agrees to notify the Agency if any Candidate for a Short Term Placement remains permanently in the Client's employment and in such an event the full Introduction Fee for a Permanent Placement shall become payable. Any Introduction Fees already paid for the Short Term Placement, up to a maximum of 4 weeks temp fees, will be deducted from the final Permanent Placement invoice.
- 16 The Agency's entitlement to the Introduction Fee shall not be affected if the Agency provides details on a Candidate to a Client and the Client later receives details of the same Candidate from any third party, including another agency or the Candidate themselves.
- 17 If a Candidate Introduced by the Agency rejects an offer of employment or the Client chooses not to Engage the Candidate, a full Introduction Fee will be payable if the Candidate is later Engaged by the Client at any time.
- 18 If after Engaging the Candidate on a Permanent basis, the Client finds them to be unsuitable for the role in any way but still keeps the Candidate in their employment either on a Permanent or Short Term basis, the original Introduction Fee remains payable and no Service Guarantee will be available.
FEES AND INVOICES
- 19 The Agency Fees for Permanent Placements are calculated using a percentage of the Candidate's first years agreed annual salary as confirmed in the Client's job offer. If the Candidate is employed on a part time basis (less than 25 hours per week), the agreed average weekly salary will be used to calculate the Introduction Fee.
- 20 Invoices for Short Term Placements are calculated based on the length of contract as confirmed by the Client.
- 21 Invoices for UK Permanent Placements are sent one working day before the Candidate starts and they are post dated to match the Candidate's start date wherever possible. The Client agrees to pay the Introduction Fee for UK Permanent Placements within seven (7) working days of the date of invoice.
- 22 Invoices for Overseas Placements are sent upon receiving notification of the Candidate's Engagement and must be settled prior to the Candidate leaving the United Kingdom or commencement of duties. Clients should not confirm any travel plans with the Candidate until the full Introduction Fee has been settled.
- 23 Invoices for Short Term Placements are sent upon receiving confirmation of the job offer. Introduction Fees must be paid in full prior to the commencement of the Candidate's employment. If the Candidate should leave employment or is found to be unsuitable before the agreed end date of the Short Term Placement, the Introduction Fee charged is still payable & non refundable.
- 24 If the Client withdraws a confirmed offer of employment for any reason prior to the Candidate commencing work, 25% of the original agreed Introduction Fee will be payable to the Agency as a cancellation fee.
- 25 The Introduction Fee charged for a Permanent or Short Term Placement is applicable to one Placement only. For additional Candidates Introduced by the Agency and Engaged by the Client, further Introduction Fees will be payable in accordance with the prevailing Fee Structure.
- 26 If a Client Engages a Candidate or makes a permanent offer of employment following a Short Term Placement without first notifying the Agency in writing, there will be a 50% surcharge added on to the final Introduction Fee payable and no Service Guarantee will be available. Invoices raised on this basis will be calculated based on the original salary figure used to advertise the vacancy.
- 27 We require Payment to terms. Payment must be made on time, in full and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur a surcharge of 15% of the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgement of the court and continues to accrue.
- 28 All Introduction Fees quoted are exclusive of V.A.T.
- 29 The Client shall keep all Introductions of Candidates by the Agency and their details confidential. The Client undertakes not to disclose any Introductions or Candidate details to third parties. Any breach of this undertaking resulting in the Engagement of a Candidate by a third party renders the Client liable for full payment of the Agency's Introduction Fee and the provisions of the Service Guarantee shall not apply.
- 30 The Service Guarantee entitles the Client to one (1) free replacement per Introduction paid if the Candidate leaves the Client's employment. The Service Guarantee is available only on all Permanent Placements and covers the first twelve (12) weeks of the Candidate's employment, but to qualify the Client must:
a) notify the Agency in writing within 48 hours of the termination of the Candidate's employment, giving the reasons for termination
b) confirm in their written correspondence that the basis on which the Candidate was Engaged has not altered in any way from the job description provided to the Agency
c) have paid the Introduction Fee in full within seven (7) days of the date of invoice for UK placements and prior to the Candidate leaving the UK or commencing their duties for Overseas Placements
d) not be in breach of these Terms and Conditions
e) not have previously Engaged the candidate at any time on a Short Term Placement basis
- 31 If a Candidate leaves within the first two weeks and a suitable replacement Candidate cannot be found within a reasonable period of time, the Agency will make a refund or issue a credit note for the full Introduction Fee paid. For the avoidance of doubt, a reasonable amount time to source the replacement will be deemed to be 4 weeks.
- 32 If the Candidate leaves the employment as a result of the Client's failure to comply with the agreed hours, salary and duties that were provided to the Agency and/or the Candidate is unfairly or unreasonably dismissed and/or if the working conditions for the Candidate are found to be unreasonable, the full Introduction Fee will remain payable to the Agency and the Service Guarantee will not apply.
- 33 If the final agreed salary between the Client and Candidate is lower than the original salary figure provided to advertise the vacancy. The Agency reserves the right to use the original salary figure to source the replacement Candidate and the Client will be liable for any difference in Introduction Fees that would result if they employ the replacement Candidate at the higher salary rate.
- 34 If for any reason the Client chooses not to source a replacement using the Agency, the Service Guarantee will no longer apply and no refund will be available regardless of when the Candidate's employment was terminated.
- 35 The Service Guarantee does not apply to Yacht Crew.