1.1 In these Terms of Business the following definitions
- "Applicant" means the person introduced by the Agency to
the Client for an Engagement including any members of the Agency's own
- Client" means the person, firm or corporate body together with
any subsidiary or associated company as defined by the Companies Act
1985 to whom the Applicant is introduced.
- "Agency" means Mature Accountants of 29 Criftin Road, Burton
Joyce, Nottingham, NG14 5FB. registered in England and Wales under company
- Engagement" means the engagement, employment or use of the Applicant
by the Client on a permanent or temporary basis, whether under a contract
of service or "for services; under an agency, licensee, franchise
or partnership agreement; or any other engagement pursuant to which
Applicant provides services directly or indirectly to the Client.
- "Introduction" means 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 the passing to the Client of a
curriculum vitae or other information which identifies the Applicant
and which leads to an Engagement of that Applicant by the Client.
- "Remuneration" includes base annual salary or fees, guaranteed
and/or anticipated bonus and commission earnings, profit share, all
allowances including accommodation and other expatriate benefits when
working overseas, inducement payments, the benefits of a company car
or car allowance 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 employer, a notional amount of £3,500 will
be added to the base annual salary in order to calculate the Agency's
- "Contracting Fees" includes all invoices raised by a sub-contractor
(introduced by the Agency) to the Client in respect of interim /contracting
1.2 References to the singular include the plural and references to the
masculine include the feminine and vice versa where the context requires
1.3 The headings contained in these Terms are for convenience only and
do not affect their interpretation.
2. THE CONTRACT
2.1 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 shall prevail over any other terms of business or purchase conditions
put forward by the Client.
2.2 These Terms of Business 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
2.3 No variation or alteration of these Terms of Business shall be valid
unless the details of such variation are advised by the Agency to the
Client in writing or by email and a copy of the varied terms is given
to the Client stating the date on or after which such varied terms shall
3. NOTIFICATION AND FEES
3.1 The Client agrees:
a) To notify the Company 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 Remuneration
to the Agency; and
c) To pay the Agency's fee including any VAT applicable thereon within
14 days of the date of invoice.
3.2 For Permanent roles (both full time and part time) where the Applicant
becomes an employee of the Client the fee payable to the Agency by the
Client for an Introduction resulting in an Engagement is 15% of the Remuneration
payable and paid during the first 12 months of the Engagement. VAT will
be charged on the fee if applicable. The fee will be invoiced after the
Engagement has commenced.
3.3 For interim/contracting roles the fee payable to the Agency by the
Client for an Introduction resulting in an Engagement is 15% of the Contracting
Fee invoiced to the Client by the Applicant for the duration of the contract.
The Applicant will contract with the Client directly and will provide
the Agency with a copy of all invoices raised. The Agency will invoice
the Client for the agreed commission. VAT will be charged on the fee if
3.4 The Agency reserves the right to charge interest on invoiced amounts
unpaid for more than 14 days at the maximum rate permitted by the Late
Payment of Commercial Debts (Interest) Act 1998 from the due date until
the date of actual payment.
4. REFUND GUARANTEES FOR PERMANENT ROLES
4.1 In order to qualify for the following guarantees, the Client must
pay the Agency within 14 days of the date of invoice or the date that
the employment commenced, whichever is the earlier, and must notify the
Agency in writing of the termination of the Engagement within 7 days of
4.2.1 If the Engagement terminates before the expiry of 5 weeks from the
commencement of the Engagement (except where the Applicant is made redundant)
a rebate of 15% will be allowed against the Agency's fee for each complete
week of the initial 5 week period not worked by the Applicant.
5. CANCELLATION FEE
5.1 If, after an offer of Engagement has been made to the Applicant, the
Client decides for any reason to withdraw it, the Client shall be liable
to pay the Company a cancellation fee of £750.
6.1 Introductions of Applicants are confidential. The disclosure by the
Client to a third party of any details regarding an Applicant introduced
by the Agency which results in an Engagement with that third party within
6 months of the Introduction renders the Client or the third party liable
to pay the Agency's fee as set out in clauses 3.2 to 3.4 above with no
entitlement to any refund.
7. SUITABILITY AND REFERENCES
7.1 The Agency endeavours to ensure the suitability of any Applicant introduced
to the Client by obtaining confirmation of the Applicant's identity; that
the Applicant has the experience, training, qualifications and any authorisation
which the Client considers necessary or which may be required by law or
by any professional body; and that the Applicant is willing to work in
the position which the Client seeks to fill.
7.2 The Agency endeavours to take all such steps as are reasonably practicable
to ensure that the Client and Applicant are aware of any requirements
imposed by law or any professional body to enable the Applicant to work
in the position which the Client seeks to fill.
7.3 The Agency endeavours to take all such steps as are reasonably practicable
to ensure that it would not be detrimental to the interests of either
the Client or the Applicant for the Applicant to work in the position
which the Client seeks to fill.
7.4 Notwithstanding clauses 7.1, 7.2, 7.3 above the Client shall satisfy
itself as to the suitability of the Applicant and the Client shall take
up any references provided by the Applicant or the Agency before engaging
such Applicant. The Client is responsible for obtaining work permits and/or
such other permission to work as may be required, for the arrangement
of medical examinations and/or investigations into the medical history
of any Applicant, and satisfying any medical and other requirements, qualifications
or permission required by law of the country in which the Applicant is
engaged to work.
7.5 To enable the Agency to comply with its obligations under clauses
7.1, 7.2, 7.3 and 7.4 above the Client undertakes to provide to the Agency
details of the position which the Client seeks to fill, including the
type of work that the Applicant would be required to do; the location
and hours of work; the experience, training, qualifications and any authorisation
which the Client considers necessary or which are required by law or any
professional body for the Applicant to possess in order to work in the
position; and any risks to health or safety known to the Client and what
steps the Client has taken to prevent or control such risks. In addition
the Client shall provide details of the date the Client requires the Applicant
to commence, the duration or likely duration of the work; the minimum
rate of remuneration, expenses and any other benefits that would be offered;
the intervals of payment of remuneration and the length of notice that
the Applicant would be entitled to give and receive to terminate the employment
with the Client.
7.6 Before the Client makes an offer to a candidate that the Agency has
introduced, the Client is responsible for ensuring that the candidate
is entitled to work in the United Kingdom in accordance with the Immigration,
Asylum and Nationality Act 2006.
8. OUR WEBSITE AND ITS USE
We will use our reasonable endeavours to maintain, free of charge, 24
hour access to our web site and the services provided on it ("the
Site") but we cannot guarantee continuous or uninterrupted access
and, save as expressly stated herein, we will not be liable for any failure
to access or for any loss or expense arising to you in consequence of
your use or attempted use of the Site. Further, we accept no liability
whatsoever for your inability to use or access the Site due to a failure
or incompatibility of any kind.
We may include on the Site links to other web sites and sources of information.
We are not responsible for and do not endorse the contents of any linked
site. Whilst all information provided by us on the Site is given in good
faith, we cannot accept responsibility for the accuracy or completeness
of any information provided by third parties or for the quality of any
products, facilities and services offered or made available by third parties
on or through the Internet and accordingly you must rely on your own judgment
and transact with third parties entirely at your own risk. We will not
be responsible for any losses or damages that may arise from any such
We reserve the right without notice to change the content, presentation
and/or facilities of the Site.
9.1 The Agency shall not be liable under any circumstances for any loss,
expense, damage, delay, costs or compensation (whether direct, indirect
or consequential) which may be suffered or incurred by the Client arising
from or in any way connected with the Agency seeking an Applicant for
the Client or from the Introduction to or Engagement of any Applicant
by the Client or from the failure of the Agency to introduce any Applicant.
For the avoidance of doubt, the Agency does not exclude liability for
death or personal injury arising from its own negligence.
10. FORCE MAJEURE
Subject to the "Your responsibilities" section above, neither
party shall be liable in any way for failure to perform their respective
obligations under this engagement if the failure is due to causes outside
the reasonable control of the party which has failed to perform.
11. SEVERANCE OF TERMS
In the event that any of the terms of business or any part thereof is
held to be invalid, the remainder of the terms will continue in full force
12.1 These Terms are governed by the English law and any disputes arising
out of or in connection with them are subject to the exclusive jurisdiction
of the English courts.
13. OTHER GENERAL PROVISIONS
13.1 No amendment to the provisions of these General Terms shall be effective
unless it is made by a written instrument executed on behalf of both parties.
13.2 Any notices in connection with our engagement can be served by recorded
delivery first class post, or by fax or email to the address made known
to us on commencement of the engagement. However, a notice served by fax
or email will not be valid unless a copy of the notice is sent by recorded
delivery first class post on the day of transmission.