Terms

Terms of Business

This Agreement is made between JS Selection Limited, (including but not limited to all of its assumed names, trade names and subsidiaries, together an employment agency) and The Client.

 

  1. JS Selection will introduce Candidates to The Client for employment by The Client. Once the employment takes place JS Selection fees as set out in paragraph 15 becomes payable.

 

  1. With the introduction of a Candidate, the terms of this Agreement are deemed to have been accepted by The Client.

 

  1. These terms shall constitute the only between JS Selection and The Client.

 

  1. These terms have no term and can be terminated by either party in writing. In the event of such notice, these terms shall remain in effect and apply to any Candidate that has previously been introduced by JS Selection.

 

  1. Any amendments and/or revisions to these terms shall be approved in advance and executed in writing by the Directors of JS Selection and an authorized representative of The Client.

 

  1. An introduction is deemed to have taken place by the provision of any information about a Candidate to The Client, which allows the Candidate to be identified, unless the Candidate is currently active in The Clients recruitment process. Following an introduction if The Client is already communicating with the Candidate in relation to a possible appointment then The Client must contract inform JS Selection immediately. If The Client continue to use JS Selection to provide services with regard to this Candidate and The Client appoints the Candidate a fee in accordance with paragraph 15 will become due. If it is unclear or ambiguous as to how The Client learned about the Candidate for the first time, The Client will be responsible for providing evidential documentation on JS Selection’s request.

 

  1. To enable JS Selection to introduce suitable Candidates, The Client must provide JS Selection with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.

 

  1. The employment takes place once The Client offers employment, whether on a temporary or permanent basis, to the Candidate and the Candidate starts employment with The Client, whether or not such employment is conditional upon the successful completion of a probationary period. Should an appointment take place then a fee as set out in paragraph 15 shall be payable.

 

  1. Should The Client fail to advise JS Selection of the employment of a Candidate within 7 days of the start date, a fee becomes payable of 25% of the anticipated first year’s remuneration of the Candidate.

 

  1. If a Candidate is employed by The Client within 12 months of the initial introduction or any subsequent reintroduction by JS Selection then the fees as set out in paragraph 15 shall become payable to JS Selection. If The Client employs any Candidate that they have discussed with JS Selection, in anyway, in the 12 months prior to the appointment but they feel no fee is payable then The Client should contact JS Selection to inform them of the appointment so as to avoid any future dispute arising.
  2. Information relating to any Candidate is supplied on a strictly confidential basis and may only be used by The Client in connection with this Agreement. If employment of a Candidate takes place by a third party as a direct result of The Client having given information relating to the Candidate to the third party The Client shall be liable to pay a fee of 20% of the anticipated first year’s remuneration of the Candidate, whichever is the greater. A third party includes but is not restricted to any associated company, subsidiary or other company with which The Client is connected.

 

  1. The Client is obliged to advise JS Selection of the total remuneration offered to the Candidate immediately after an offer of employment has been made by The Client to the Candidate.

 

  1. Should an offer concluding a main contract be retracted prior to the Candidate joining The Client, then The Client shall be liable for an administration fee of £1000 whether or not the Candidate was known previously by The Client.

 

  1. JS Selection will invoice The Client on the day the applicant commences employment with the client. The fee is calculated as a percentage of the anticipated first year’s total remuneration of a Candidate which means a Candidate’s taxable gross remuneration including, but not limited to, bonuses, shift allowance, car allowance, relocation allowance, commissions, share buyouts and weighting allowance. The Client shall provide to JS Selection a full statement of the total remuneration to be received by a Candidate.

 

  1. JS Selection fees are 25% of the Candidate’s remuneration.

 

  1. An invoice is payable within 7 days of its date of issue and The Client agrees to supply JS Selection with any required Purchase Order in advance of the start date. If JS Selection incurs any legal or non-legal costs as a result of non or late payment of invoice, The Client will become liable to pay such costs. JS Selection can claim interest on overdue amounts owed at a rate of 8% above BoE Base Rate p.a

 

  1. If the appointment of a Candidate is terminated within 8 weeks of the commencement of his/her employment with The Client a rebate will be paid by JS Selection to The Client at the rate of 12.5% of the fee charged by JS Selection for each full week the Candidate did not work out during the 8 week period, subject to paragraph 18 set out below.

 

  1. No rebate shall be payable if:
    1. employment is rescinded for no good reason;
    2. JS Selection is not notified in writing by The Client within 14 days of the termination of the employment together with the reason(s) for it;
    3. the fee is not paid to JS Selection within the time frame agreed in paragraph 16;
    4. the cause of termination has no bearing on the Candidate’s qualifications, capability or conduct;
    5. the Candidate is let go as result of a layoff.
  2. JS Selection does not personally obtain references pertaining to a particular Candidate, unless requested. JS Selection takes no responsibility for any loss, damage or delay caused by the Candidate. The Client is responsible for ensuring the suitability and capability of a Candidate for employment and for taking references to verify skills, qualifications, integrity, the necessity of any work permits and the satisfaction of any medical requirements.
  3. These terms will be governed by the law and jurisdiction of the courts of England and Wales.