1. General Definitions and Effective Date
These terms and conditions take effect from (DATE), and replace all existing terms and conditions between JDC Professional Recruitment (the Agency) and (NAME) (the Client) for introductions arranged in the UK.
2. Variation
No variation of these terms is valid or shall be binding on the Agency unless confirmed in writing by the Agency.
3. Payment
All fees and charges are payable within 28 days of the date of the Invoice and payment made to JDC Professional Recruitment Ltd.
4. Candidate
Candidate means a person introduced to the Client directly or indirectly by the Agency. The words (introduce) shall be deemed to include (without limitation to the generality of the meaning) the provision by the Agency to the Client of any details whether written or oral of a Candidate for engagement.
5. Acceptance
By interviewing a Candidate for employment or by agreeing to engage or make use of such a Candidate in any position of employment or work the Client is deemed to have accepted these terms of business.
6. Confidentiality
Introductions are confidential and any information relating to a Candidate must not be passed to another employer or any other person without express agreement of the Agency.
7. Notification
The Client shall notify the Agency immediately a candidate is engaged or an offer of employment is made.
8. Date of Engagement
The date of engagement is the date a Candidate commences employment with a Client or is engaged by the Client in any capacity relating to the activity of the Client.
9. Effective Period of Introduction
If within one year of an introduction or the engagement of a Candidate the Client agrees to employ, re-employ or make use of the Candidate and providing a full Fee has not been paid in respect of the said candidate a full Fee will be charged.
10. Indemnity
The Client shall fully and effectively indemnify the Agency against all costs and expenses that the Agency incurs in enforcing any of the terms and conditions contained herein.
11. Fees
The fee payable to the Agency by the Client for the introduction of a Candidate (the Fee) is as follows.
Fees will be calculated as a % of salary and or income or charged on a Fixed Fee basis. Fees are negoitable and agreed in writing by JDC prior to candidate introductions. VAT is charged on all fees.
12. Suitability
The Agency endeavours to make every reasonable effort to ensure the suitability of Candidates selected on behalf of the Client but does not take up references. The client is responsible for the taking up of references and in establishing the Candidates professional qualifications, capabilities, integrity, medical history and Clients suitability.
13. Termination
Should the relevant employment of the Candidate terminate before the expiry of the refund period, the Fee will be refunded in accordance with Clause 14, provided that the Client notifies the Agent in writing within 7day's of the termination of employment and has paid the Agent's Fee within 28 days of the date of invoice. For the avoidance of doubt termination of employment is defined as the date that the employed Candidate ceased to work for the Client and not the date notice is given by the Client to the employed Candidate or vice versa. No refund will be made where a Candidate has been made redundant.
14. Refunds
Refunds are open to negoitiation and are based on the agreed fee. The refund period will be the first Ten weeks from date of engagement (see Clause 8). Refunds will be calculated on a weekly pro-rata basis.Refunds will only be granted where all conditions of the terms are met.
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