TERMS OF BUSINESS
Non-retained contingency permanent roles
These terms of business form an agreement for the provision of Recruitment Consultancy services by Lithe Consulting Ltd, a UK-registered Limited Company (#12298672) and [the client].
1. Terms of reference
i. “the agency” refers to Lithe Consulting Ltd, a UK-registered company #12298672
ii. “the client” refers to [xxxxx], or any director, manager, or appointed employee of [xxxxx] iii. “the agreement” refers to these terms of business agreed between the agency and the client
iv. “the candidate” refers to an individual forwarded by the agency to the client, whereby the client has requested the agency search for suitable employees, or else the agency has advised the client of an individual’s availability and the client has expressed an interest in that individual.
2. Fees
a) A fee shall be payable by the client to the agency where the client has requested the agency organise an interview with a candidate, and the client then employ that candidate on any permanent, temporary, part-time, or contract/self-employed basis.
b) The fee shall be 20% of the candidate’s expected year 1 annual earnings.
c) The agency shall invoice the client by email upon the day employment commences as in paragraph 2b.
3. Payment period
The client agrees to pay all invoices from the agency within 30 calendar days from date of invoice, whereby the date the invoice is sent is the first day of the 30 day period.
4. Replacement
a) Should the candidate leave the employment of the client within 3 calendar months of employment start date for any reason other than redundancy, the agency agreed to find the client another suitable candidate as a replacement, for which no fee shall be due. b) Should a replacement candidate leave the employment of the client within 3 months, the agency is then under no obligation to provide a further free replacement.
5. Candidate ownership and non-solicitation
a) Where the client has instructed the agency or given the agency permission (either verbally or in writing) to source candidates for a particular role, then individuals forwarded by the agency to the client as suitable for the role are contractual property of the agency until either the client hires the individual, or else for a period of 6 months after the client rejects that individual (whichever is the sooner).
b) Within the 6 month period following rejection of an individual as described in paragraph 5a, the client agrees that any contact with the individual for any future roles shall be made through the agency, and fees will be payable as described in Section 2 should the individual be hired for one of those roles.
c) The client agrees that any contact with an individual as described in paragraph 5a shall be made through the agency and not directly with the individual.
d) In circumstances where the agency makes the client aware of the availability of a candidate but no specific job role is open, then the individual will only become the contractual property of the agency when and if the client requests the agency to organise a meeting between the client or the individual (either face-to-face, over the telephone, or any other digital media). At that point paragraphs 5a, 5b, 5c, and Sections 2 “Fees” and 3 “Payment period” shall come into force.
e) Where an individual has directly applied to the client for the role prior to forwarding by the agency, or else has been previously forwarded to the client by another 3rd party in the previous 6 months before the agency’s submission, the client must inform the agency in writing within 48 hours of the agency’s submission of the individual. In this case no fees are payable by the client to the agency should a hire take place. In all circumstances, once the client has requested the agency to organise a meeting (as described in paragraph 5d) then fees for a subsequent hire shall be payable as described in Section 2. f) The agency agrees that it shall not directly solicit any employee of the client for work opportunities with other employers, while this agreement is in force. However, this does not apply to employees of the client who directly apply to the agency for a position it is advertising.
6. Non-disclosure
Both the agency and the client agree that any necessary information given from one to the other about its operations, practices, financial arrangements or any other information not in the public domain, will remain confidential to both parties. This also applies to details and information supplied by the agency about individuals, and by the individuals themselves.
7. This agreement
a) This agreement shall commence at date of signature/approval of terms by the client in writing, or else once the client requests the agency arrange a meeting between an individual forwarded by the agency and the client (as described in paragraph 5d). The request of such a meeting by the client will be deemed as the client’s acceptance of these terms of business and the agreement will be in place, even if this agreement is unsigned, provided it can be proven that these terms of business were submitted with the forwarding of an individual by the agency to the client.
b) In cases of disputes or disagreements over this agreement, the agreement is governed by the Laws of England.
c) Any changes, amendments, additions, or appendices to these terms of business must be agreed in writing by both parties.
d) The agreement is open-ended and can be terminated by either party in writing with immediate effect. However the terms of business will still apply and fees still be payable according to the agreement for any individuals forwarded by the agency to the client prior to termination (up to and including the date of termination).