Terms & Conditions
These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant.
Unless otherwise agreed in writing by the Agency, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
No variation or alteration of these Terms of Business shall be valid unless approved in writing by a director of the Agency.
Notification and Fees
The client agrees to notify the Agency immediately of any offer of an Engagement which it makes to the Applicant; 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 to pay the Agency’s fee within 14 days of the date of invoice.
The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the accompanying Fee Structure on the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable.
Salary Scale Fee
Up to £13,999 12.5%
Up to £29,999 15%
£30,000 and above 17.5%
In order to qualify for the following refund, the Client must pay the Agency’s fee within 14 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination
If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Scale of Refund set out in the schedule:
If the engagement terminates within the first 4 weeks of the engagement, 100% of the fee will be refunded.
Sliding Scale - In the case of termination of the engagement between 4 – 8 weeks from the start date, 50% of the fee will be refunded.
The client will be refunded 25% of the fee in the case of termination of the engagement between 8 – 12 weeks from the start date. Following the end of the 12th week of engagement, no refund will be offered, in the case of termination of the assignment from this point.
There will be no fee incurred to the client until the applicant commences the engagement at which point the Agency will render an invoice to the client for its fees.
The agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the arte of 2% per annum above the base rate from time to time of Barclays from the due date until the date of actual payment.
In the event that the Engagement is for a fixed term of less than 12 months, the fee will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 3 months of the 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
Definitions:
In these Terms of Business the following definitions apply:
“Applicant” means the person introduced by the Agency to the Client for an Engagement including any 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 Appetite 4 Hotels
“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, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which he 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 other information which identifies the Applicant; and which leads to an Engagement of that Applicant by the Client;
“Remuneration” includes base salary, 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 a company car is provided by the Client, a notional amount will be added to the salary in order to calculate the Agency’s fee.
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