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Terms and Conditions of Business
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Terms & Conditions
1. All business undertaken by i-automotive is undertaken subject to the Terms and Conditions hereinafter set out. Each of these Terms and Conditions shall be incorporated or implied in any agreement between i-automotive and its clients. In the event of any conflict between these Terms and Conditions and any other terms and conditions, the former shall prevail unless specifically agreed to the contrary by i-automotive in writing.
2. An introduction shall be deemed to have taken place upon the Client receiving any information from i-automotive with regards to an Applicant and this will be deemed to be an acceptance of and agreement to these Terms and Conditions by the client, except that where i-automotive is engaged by the client for a retained assignment, these Terms and Conditions shall apply upon the acceptance by i-automotive of the retained assignment.
A fee (The Completion Fee) shall become payable on the day the Client and the Applicant enter into a contract to engage the Applicant (which term includes employment or use whether under a contract or service or for services) and the Client shall be invoiced on the Applicant’s start date. All fees shall be calculated in accordance with the i-automotive scale of fees plus VAT shown below:
4. The fee payable to i-automotive by The Client for an introduction resulting in an engagement is calculated in accordance with the i-automotive scale of fees plus VAT in section 3, the total fee will be based on remuneration applicable during the first 12 months of the engagement
5. If The Client does not pay due fees within the payment term as agreed by acceptance of these terms and conditions i-automotive will not be bound to offer any rebate or re-run of services as laid out in this document.
Standard Fee is either a percentage of the candidates total Annual Remuneration package including commisions and associated benefits or an agreed fee confirmed by email or in writing.
VAT is always charged in addition
6. In the event that an applicant is rejected by the Client or the Applicant rejects an offer of employment, if the Applicant is subsequently engaged by the Client within eighteen months of the date on which the Client first receives the Applicant’s CV, the Client shall pay the introduction fee to i-automotive in accordance with condition 3 above.
7. An applicant’s CV is provided in strict confidence to the Client only for its information and on the basis that the contents are not disclosed to any other person without prior written consent to i-automotive and in particular that the Client does not approach the Applicant’s current employer until the Client has made a written offer of engagement to the Applicant and has received a written acceptance of that offer.
8. If the Client introduces an Applicant to another person, firm or corporation resulting in the engagement of the Applicant by that person, firm or corporation within eighteen months of the initial introduction date, the Client shall pay the completion fee in accordance with Condition 3 above.
9. When an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after an acceptance by the Applicant through no fault of the Applicant, the Client shall pay the completion fee in accordance with condition 3 above.
10. When a client engages an additional Applicant(s) submitted within a shortlist of candidates supplied by i-automotive the full completion fee is payable for all candidates engaged in accordance with Condition 3 above.
11.Should a Client fail to make i-automotive aware of an Applicant’s acceptance and subsequent start date then the Client will be liable for a placement fee at 40% of the candidate’s first year starting salary.
12. In the event that any Applicant terminates or the Client terminates the engagement within eight weeks of the specified date upon which such Applicant commenced work for the Client, and provided
a. The Client notifies i-automotive in writing of the termination of engagement within seven days thereof, and
b. That the Client or any subsidiary or associated company of the Client shall not engage the Applicant within twelve months from the date of termination; and
c. That the termination is not due to redundancy; and
d. All monies due from the Client have been paid in accordance with the
Terms and Conditions.
Then i-automotive shall endeavor to find a replacement at no extra cost to the Client. If i-automotive does not find a replacement it shall refund the fee paid under conditions 3 & 10 against the following scale, provided payment of our invoice has been made within 28 days of commencement of employment.
Duration of employment
Up to two weeks 100%
Not exceeding four weeks 75%
Not exceeding six weeks 50%
Not exceeding eight weeks 25%
Eight weeks Plus 0%
Termination of employment is deemed to be the point at which the Applicant leaves their employment.
13. The Client shall be responsible for taking up references (including the confirmation of any professional or academic qualifications) and shall satisfy itself as to the suitability of the Applicant prior to the engagement of the Applicant. The Client shall be responsible for arranging all medical examinations and investigations of the Applicant and shall be responsible for obtaining any work or other permits as necessary.
14. i-automotive shall not be liable to the Client for any loss, liability, damage, costs, claims or expenses suffered or incurred by the Client arising from, or connected with, the recruitment or engagement of any Applicant by the Client, howsoever arising.
15. All monies due here under shall be paid by the Client within seven days for new clients and fourteen days for repeat clients of the date of the invoice, interest will be payable on overdue sums at the rate 10% per fourteen days overdue or part thereof.
16. Any circumstances allegedly giving cause for complaint about an Applicant or an invoice must be notified to i-automotive and confirmed in writing as soon as the cause of the alleged complaint arises.
17. Fixed Term Contracts
In the case of Fixed Term Contracts where a candidate has been supplied by i-automotive, the Client shall state the candidates’ annual remuneration and the length of the contract. Once the salary has been agreed for the length of the contract i-automotive will charge 20% of the value as a fee. (V.A.T is charged in addition)
18. Commission Only
A client choosing to employ a candidate from i-automotive for a commission only role, the client will be charged a flat fee of £4,000 + VAT.
19. No Warranty
i-automotive shall not be liable to The Client for any loss or damage incurred by The Client or The Applicant whether caused by The Client or The Applicant or the Services received under any circumstances.
No waiver by i-automotive or breach by The Client shall be a waiver or breach of any other provision.
21. Contract Construction
The contract shall be construed according to English Law and will be subject to the jurisdiction of English courts.
i-automotive March 2013