Tower Employment Services - Clients Permanent Terms page 1

In these Terms of Business the following definitions apply: -

(1) Definitions

“Applicant”

1.1means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff;

“Client”
Means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;

“Agency”
Means Tower Employment Services

“Engagement”
Means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for Services; under an agency, license, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee

“Introduction”
means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or
(ii) the passing to the Client of a curriculum vitæ or information which Identifies the Applicant; and which leads to an Engagement of that Applicant;

“Remuneration”
includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) Emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. Where the Client provides a company car, a notional amount of [£ 3,000.00 P/A] will be added to the salary in order to

Calculate the Agency’s fee.
1.2 Unless the context requires otherwise, references to the singular include the plural.
1.3 The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

2. THE CONTRACT
2.1 These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or
the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.

2.2 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by [a director of] the Agency, these Terms of Business prevail over any Other terms of business or purchase conditions put forward by the Client.

2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy Of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

3. NOTIFICATION AND FEES

3.1 The Client agrees:
(A)To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
(B)To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
(C)To pay the Agency’s fee within [14*] days of the date of invoice.

3.2 Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until [the Applicant commences the Engagement] the Agency will then render an invoice to the Client for its fees.

3.3 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than [14] days at the rate of [8% ] per annum [above the base rate from time to time of the National Westminster Bank PLC] from the due date until the date of payment.

3.4 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the Fee Structure detailed below on the Remuneration applicable during the first 12 months of the Engagement. (Subject to a minimum charge of £ 1,349.85) VAT will be charged on the fee if applicable.
10%            For salaries up-to £ 8,999.00 p/a
17.5%         For salaries of £ 9,000.00 to £ 14,999.00
19%            For salaries of £ 15,000.00 to £ 19.999.00
24%            For salaries of £ 20,000.00 & above

3.5 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro-rata. If the Engagement is extended beynd the initial fixed term or if the Client re-engages the Applicant within [3] calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.

                                                           TOP                                          Next Page