Avanti Recruitment Terms & Conditions of Business
PLEASE READ CAREFULLY, THESE TERMS ARE BINDING AND ENFORCEABLE.
1. These terms and conditions of business are between Avanti Recruitment Limited, an employment agency, and the Client. The Client is defined as the company utilising the services of Avanti Recruitment Limited, (hereafter referred to as “Avanti Recruitment”). The candidate is the person introduced by Avanti Recruitment to the Client as the job applicant.
2. All business undertaken by Avanti Recruitment on behalf of the Client is subject to these terms and conditions unless specifically varied by written agreement between Avanti Recruitment and the Client.
3. An appointment takes place on the candidates first day of employment with the Client, whether on a temporary or permanent basis, and whether or not such an appointment is conditional upon the successful completion of a probationary period. Should the offer of employment be retracted prior to the candidate joining the Client, then the Client shall be liable for an administration fee of £975.
4. If an appointment of a candidate takes place within twelve months of the initial introduction or any subsequent re-introduction then such an appointment will be subject to these terms and conditions.
5. An introduction shall be deemed to have taken place when Avanti Recruitment provides to the Client any information which identifies a candidate, except where the candidate has already been submitted to the client for a specific vacancy either directly or through a third party. Where a candidate has already been submitted, the client agrees to notify Avanti Recruitment within 2 working days. Where no such notification is given by the client then, in the event of an appointment, the client agrees Avanti Recruitment is entitled to charge a fee in accordance with clause 10.
6. To enable Avanti Recruitment to introduce suitable candidates, the Client must provide Avanti Recruitment 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.
7. Information relating to candidates is strictly confidential. If the Client passes on details of a candidate to a third party that results in an appointment of that candidate by the third party, the Client shall pay Avanti Recruitment a fee of the anticipated first year’s remuneration of the candidate in accordance with clause 10.
8. Should the Client during this Agreement or for a period of 12 months following the appointment of any candidate, either:
solicit, or employ directly or indirectly the services of any employee or former employee of Avanti Recruitment who has been involved in the provision of the services to the Client or;
engage or utilise the services of any firm or company as a result of such an employee becoming a director, manager, agent or employee; a fee of £10,000 shall be payable to Avanti Recruitment by the Client.
9. Avanti Recruitment fees become payable on the appointment of a candidate and are based on first year’s remuneration of the candidate. The remuneration includes all guaranteed income, bonuses and shift allowances, car allowances, relocation allowances, commissions, share buyouts and any other benefits which might be granted to the candidate. The Client is obliged to advise Avanti Recruitment of the total remuneration offered to the candidate immediately an offer of employment has been made by the Client to the candidate.
10. Avanti Recruitment’ fees are set out below:
£0,000.00 to £19,999.99 @ £4000 fixed fee
£20,000.00 to £29,999.99 @ 22.5%
£30,000.00 to £49,999.99 @ 25%
£50,000.00 and above @ 30%
11. The Client shall notify Avanti Recruitment immediately when an appointment is made and shall provide full details of the appointment. Should the Client fail to advise Avanti Recruitment of the appointment within 7 days, a fee becomes payable of 40% of the candidate’s anticipated first year’s remuneration. The Client agrees to supply Avanti Recruitment with any required Purchase Order within 14 days of the appointment of a candidate. Where the Client fails to do so Avanti Recruitment is authorised to invoice the Client without an accompanying Purchase Order.
12. An invoice is payable within 14 days of its date of issue, after which the Client shall pay to Avanti Recruitment a compensation payment and statutory interest (calculated monthly) on the sum due in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended). If Avanti Recruitment incurs any legal costs as a result of non-or late payment of invoice, the Client will become liable to pay such costs.
13. If the employment of a candidate terminates within 6 weeks of the commencement date of such employment, a rebate of the fee will be paid to the Client by Avanti Recruitment at a rate of 16.67% of the fee for each week the candidate was not employed during that 6 week period. No rebate will be payable by Avanti Recruitment if:-
the Client fails to notify Avanti Recruitment of the termination of employment in writing within 14 days of such termination.
the Client has failed to pay the invoice within 14 days of the date of the invoice.
the candidate is made redundant.
the cause of termination has no bearing upon the candidate’s ability or integrity or character.
14. Avanti Recruitment does not personally obtain references pertaining to a particular candidate. Avanti Recruitment 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.