TERMS OF BUSINESS
The following definitions shall apply to these Terms and Conditions:
The ‘Company’ shall mean Ace Healthcare Academy and Careers International limited
The ‘Client’ shall mean any individual, company or corporation to whom the Company provides employment services;
The ‘Candidate’ shall mean any individual who is introduced to the Client by the Company as a prospective employee;
‘Introduction’ includes (but is not limited to) any of the following:
(a) the provision by the Company of a curriculum vitae or other information about the Candidate;
(b) the arrangement of an interview, directly or indirectly;
(c) the client authorising the Company to discuss the possibility of employment with a Candidate.
2 Acceptance of Terms
2.1 These Terms and Conditions of Business are between the Company and the Client. By accepting details of, interviewing or engaging a Candidate introduced by the Company the Client agrees to be bound by these Terms and Conditions of Business, whether or not the applicant’s details were known to the Client before accepting such details or engaging a Candidate.
2.2 An introduction shall remain valid for a period of 12 months from the date of the client accepting details or arranging an interview with the client.
3.1 The fee payable to the Company by the Client for the introduction and the subsequent employment or engagement of a Candidate shall be 10% of the commencing annual salary (inclusive of any guaranteed bonuses). The 10% Fee will be discounted to 9% if settled within 14 days from date of invoice. The fee is payable whether or not the Client otherwise knew of the Candidate;
3.2 The Client is liable to pay a fee if the Client passes on a Candidate or details of a Candidate to a third party resulting in a placement. The fee in such case shall be 10% of the commencing annual salary (inclusive of any guaranteed bonuses) or such other fee as may be applicable at the time of the Company’s knowledge of a Candidates subsequent employment of engagement by that third person.
3.3 The Client is liable to pay a fee for the soliciting away and subsequent placement of an employee of the Company or an employee of one of its subsidiaries by the Client. The fee in such case shall be:
(a) in case of employment by the Client 10% of the commencing annual salary (inclusive of any guaranteed bonuses); or
(b) in case of engagement by the Client: an amount equal to two hundred times the hourly charge rate applicable to contract staff of the relevant category in which the employee was last employed by the Company or its subsidiary respectively.
3.4 If any employee of the Company or any of its subsidiary companies is engaged by the Client on a contract, permanent or self-employed basis, these Terms of Business apply. The Client will be liable to the Company for an introduction fee equivalent to the normal payment fee in the event of permanent employment or equal to two hundred times the hourly charge rate applicable to contract staff of the relevant category in which the employee was last employed by the Company. No rebate scale shall apply whatsoever under these circumstances.
3.5 in case of employment by the directly, in a blatant effort to bypass Ace Healthcare Academy and Careers Limited and our associated fee, the Client will be liable for an increased fee of 20% of the commencing annual salary (inclusive of any guaranteed bonuses);
4.1 Fees payable under clause 3.1 and 3.3 will become due upon commencement of employment, whether permanent or temporary, by the Candidate with the Client and the Client agrees to notify the Company forthwith of any offer of employment that the Client makes to the Candidate together with details of the Company’s offering letter and the Candidate’s acceptance.
4.2 Fees payable under clause 3.2 will become due upon knowledge by the Company of the employment or engagement of a Candidate by that third person.
4.3 All invoices are payable 14 days upon presentation of the invoice and payment should be made Ace Healthcare Academy and Careers Limited.
4.4 The Client shall notify the Company immediately that a Candidate is accepted for a position and shall supply the Company with copies of all correspondence with the Candidate, if so requested.
The Company reserves the right to claim from the Client interest on the late payment of invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6 Termination of Candidate’s Engagement by Client
6.1 If a Candidate’s engagement with the Client is lawfully terminated for any reason other than redundancy the following rebate scale shall apply:
|Week of Employment||% of Rebate|
6.2 The grant of rebate under clause 6.1 is subject to:
(a) the fees having been paid within 14 days of the date of invoice;
(b) this employment is not subject to a trial period;
(c) the Client having notified the Company in writing within seven days of termination.
6.3 If the employment contract with the Candidate is terminated within the first week of employment, the Company will charge a minimum administration fee of £250
Although the Company endeavours to ensure that a Candidate is suitable for the Client’s requirements, the Client must satisfy itself as to the qualifications, experience, capability, suitability and character references in all aspects of the Candidate and that the Candidate has such licenses, authorities and work permits as may be necessary. It is the Client’s responsibility to obtain work permits where necessary.
The Company does not accept any liability whatsoever or howsoever arising on its own behalf or on behalf of its servants or agents in respect of any loss, delays, or damage, pecuniary or otherwise which the Client, his servant, agent or others may suffer arising out of or in connection with the introduction to or employment by the Client of any Candidate. This clause does not restrict the Company’s liability for personal injury or death to any person arising from its own negligence or that of any person for whom it is vicariously liable.
Introductions are strictly confidential. The Client undertakes to comply with the provisions of the Data Protection Act 1998 in relation to any personal data received from the Company. The Client undertakes not to make any approach to the current or previous employers of the Candidate without the Candidate’s express permission.
Any contract to which these conditions apply will in all respects be construed and operated according to English Law and will be subject to the jurisdiction of the English Courts.
No variation may be made to these Terms and Conditions without written consent of a Director of the Company.