Terms and Conditions for Permanent Assignments – Alexander Daniels Global Limited
T1. All business undertaken by Alexander Daniels Global Limited is carried out subject to the terms and conditions hereinafter set out each of which shall be incorporated or implied in any agreement between Alexander Daniels Global Limited and the client. In the event of disagreements between these terms and conditions and any other terms and conditions, the former shall prevail unless otherwise expressly agreed by an authorised representative of Alexander Daniels Global Limited in writing.
T2. When outlining the requirements for a particular role the client will be responsible for providing Alexander Daniels Global Limited with a reasonable amount of time to accurately detail:
I. Detailed information on intended duties of the applicant;
II. Special skills, technical skills (where necessary), authorisations, qualifications and training which the Employee is required to have. Further, the Client should also inform Alexander Daniels Global Limited, if the Employee is required by law or any professional body to have a particular qualification to carry out the role;
III. Minimum annual salary detailing frequency of pay along with benefits which would be offered to the Employee;
IV. Location of main work place, hours of work, the length of notice either party would have to give to terminate the employment.
When assessing suitability of an Employee Alexander Daniels Global Limited shall place reliance on the Role Details provided by the Client and the Client accepts that Alexander Daniels Global Limited will make no further assessment of the Client’s requirements including but not limited to the matters referred to in Clause (2)(ii) above. Alexander Daniels Global Limited agrees to obtain the Employee’s confirmation that it has the experience, training, qualifications and/or authorisations specified in the Role Details. Alexander Daniels Global Limited will not undertake any further checks unless requested to do so by the Client
T3. The interview of an Employee introduced by Alexander Daniels Global Limited whether effected by Alexander Daniels Global Limited directly or by the Client shall be deemed by acceptance of the agreement to Alexander Daniels Global Limited terms and conditions by the Client. The provision of a CV or any information sufficient to identify the Employee following a request by the Client shall also be deemed to be acceptance of these terms and conditions. Our fees as defined in clause 4 will be charged whether or not the Client knew of or was known to the Employee previously.
T4. Fees: A fee shall become payable by the Client from the date of the relevant signed employment contract. If, after acceptance of an offer of engagement but prior to the Applicant commencing the engagement, the Client decides for any reason, which is outside the control of Alexander Daniels Global Limited, not to proceed with the engagement, the Client shall still be liable to pay Alexander Daniels Global Limited the applicable Introduction Fee as detailed below. The Client agrees to notify Alexander Daniels Global Limited forthwith upon the engagement by the Client of an Applicant introduced by Alexander Daniels Global Limited and, if so requested by Alexander Daniels Global Limited, will provide copies of all terms of such engagement. If the Client fails to provide this information upon request, then Alexander Daniels Global Limited shall, at its discretion calculate the Fee based on the remuneration packages of other Applicants in a similar role.
Advanced Selection Assignments
Fees will be payable as follows (unless otherwise agreed by an Alexander Daniels Global Limited employee):
(i) Advanced Selection initial fee is payable immediately upon commencement of the Advanced Selection assignment and is non-refundable, this will equate to one quarter of the total fee;
(ii) Advanced Selection final fee which is recalculated against the actual gross remuneration of the Applicant, and will equate to three quarters of the fee.
Fee shall become payable by the Client on the agreed start date or commencement into a contract of employment (whichever is the soonest). If, after acceptance of an offer of engagement, but prior to the Applicant commencing the engagement, the Client decides for any reason, which is outside the control of Alexander Daniels Ltd, not to proceed with the engagement, it shall still be liable to pay Alexander Daniels Ltd the Final Fee. The Client agrees to notify Alexander Daniels Ltd forthwith upon the engagement by the Client of an Applicant introduced by Alexander Daniels Ltd and, if so requested by Alexander Daniels Ltd, will provide copies of all terms of such engagement.
For this purpose, the percentage of the Applicant’s first year’s anticipated gross remuneration will be as follows:
Advanced Selection / Standard Assignment Fees
Gross Remuneration up to €60,000 25%
Gross Remuneration from €60,001 upwards 30%
All fees are calculated as a percentage of the Employee’s first year’s assumed (including guaranteed elements) gross annual remuneration package including, commission and bonuses etc. The provision of a car is valued at €6,000 additional remuneration. V.A.T is charged in line with current rates.
Fees will be payable as a result of the engagement of an Applicant (Such term shall include the engagement of an Applicant as an employee, consultant, partner or agent) notwithstanding the fact that the engagement may not comply with the Client’s original requirement or Role Details. In the event that more than one Applicant is engaged by the Client, then the Client shall pay an Introduction Fee, as detailed above, in respect of each Applicant.
T5. All monies due hereunder shall be paid by the Client to Alexander Daniels Global Limited within 7 days of the date of the invoice. In the event of late payment we reserve the right to charge interest on all overdue invoices at a rate of 2% per month.
T6. In the event that any Applicant is rejected by the Client or any Applicant rejects an offer of engagement by the Client, the Client shall pay the Introduction Fee to Alexander Daniels Global Limited in accordance with Condition 4 above if the Applicant is subsequently engaged by the Client within twelve months of the date on which the Applicant was last introduced to or interviewed by the Client, via Alexander Daniels Global Limited, – whichever is the latter. No rebate will be applicable for such an engagement under any circumstances.
T7. In the event of an engaged Applicant leaving within 12 weeks from the date of the signed contract, a free replacement will be offered. No rebate will be applicable.
T8. Fees as set out in Condition 4 will also be payable if, within 12 months of the Last Introduction Date;
I. the Client employs or engages any Applicant, in any capacity, either directly, or via an employment business, or employment agency.
II. the Client uses or claims to use the services of any Applicant, in any capacity, otherwise than through Alexander Daniels Global Limited whether facilitated directly by the Client or Applicant, including, but not limited to consultancy.
III. the Client employs or engages any Applicant as a direct or indirect result of any Applicant responding to an internal or external advertisement published by the Client, or any or its representatives or agents.
No rebate will be applicable for such an engagement under any circumstances.
T9. If the Client introduces or re-introduces an Applicant to another person, firm, body, or corporation associated with it resulting in the engagement of the Applicant by that person, firm, body, or corporation, including international business units and subsidiaries, within twelve months of the Last Introduction Date, the Client shall pay the Introduction Fee in accordance with Condition 4 above.
No rebate will be applicable for such an engagement under any circumstances.
T10. The introduction of an Applicant or the provision of an Applicant’s details is done on a strictly confidential basis and is conditional upon the Client agreeing not to disclose any information about an Applicant to any other person, firm or corporation without Alexander Daniels Global Limited prior written consent. In particular, the Client shall not approach the Applicant’s referees or current employer unless and until the Applicant has formally accepted the Client’s written offer of engagement.
T11. In the event of an Advanced Selection Assignment being cancelled or deemed by Alexander Daniels Global Limited to be inactive beyond a period of 12 weeks, the client shall pay a full fee in line with the standard fees set out in T4.
T12. Fees as set out in Condition 4 will also be payable if within 12 months of acceptance of Alexander Daniels Global Limited Terms and Conditions in accordance with Condition 3 or the Last Introduction.
Date, whichever is later:
I. the Client or any person, firm, body, or corporation associated with it engages, in any capacity, whether under a contract of service or a contract for services, any person who at the time of such engagement, or who, within 13 weeks immediately prior thereto, was employed by Alexander Daniels Global Limited or any body associated with it
II. any other party engages, in any capacity, whether under a contract of service or a contract for services any Alexander Daniels Global Limited Employee where such engagement has resulted directly or indirectly from the Client passing information about the Alexander Daniels Global Limited Employee to another party. For the avoidance of doubt, an Alexander Daniels Global Limited Employee who has had direct or indirect contact with the Client during any recruitment assignment shall be deemed to be an Applicant for the purposes of these terms and conditions.
T13. In the event that an engagement terminates (whether by expiry of notice or otherwise) within 12 weeks of the date of commencement of work by the Applicant and provided that:
(i) the Client notifies Alexander Daniels Global Limited in writing of the termination of engagement within seven days of such termination; and
(ii) the Client or any person, firm, body, or corporation associated with it shall not engage the Applicant within twelve months from the date of such termination; and
(iii) the termination is not due to redundancy, constructive or unlawful dismissal, corporate restructure, change of management/job description or Role Details, pregnancy, illness or injury; and
(iv) all monies due from the Client have been paid in accordance with these terms and conditions; and
(v) the Client does not resort to the use of other agencies and does not unduly delay the interview process; then
Alexander Daniels Global Limited shall endeavour to find a replacement Applicant (as detailed in the Role Details, as per Condition 2, or for the specific role in accordance with the engagement of the first Applicant, as deemed by Alexander Daniels Global Limited) at no extra cost to the Client except for agreed additional advertising costs and travel expenses.
T14. Alexander Daniels Global Limited shall endeavour to ensure the suitability of an Applicant and to maintain a high standard of service and integrity, but makes no warranty, express or implied, as to such suitability. The Client shall immediately inform Alexander Daniels Global Limited should there be any reason or circumstance under which it would be detrimental to the interests of Alexander Daniels Global Limited, the Client or the Applicant for the Applicant to take up a position with the Client.
T15. Alexander Daniels Global Limited shall not be liable for any loss, injury, liability, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with an engagement and, in particular, but without limitation to the foregoing, any such loss, injury, liability, damage, expense or delay arising from or in any way connected with;
(i) failure of the Applicant to meet the requirements of the Client for all or any of the purposes for which he is required;
(ii) any act or omission of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
(iii) any loss, injury, damage, expense or delay incurred or suffered by an Applicant after acceptance of an offer of engagement from the Client ; provided that nothing in this Condition 17 shall be construed as purporting to exclude or restrict liability of Alexander Daniels Global Limited to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability, any exclusion or limitation of which is prohibited by law.
T16. The Client shall be responsible for arranging all medical examinations and investigations of the Applicant (including the confirmation of any professional or academic qualifications) and for obtaining any work and other permits and shall satisfy itself as to the suitability of any Applicant prior to any engagement.
T17. Alexander Daniels Global Limited shall not be liable to the Client for any loss of profit, loss of business, loss of use or any indirect, special, punitive or consequential damages.
T18. The Client hereby undertakes to indemnify Alexander Daniels Global Limited in respect of any and all liability of Alexander Daniels Global Limited which results from any breach by the Client of any of its obligations under these terms and conditions.
T19. Alexander Daniels Global Limited shall not be held liable for any failure or delay in performing its obligations under these terms and conditions where such failure or delay is caused by events beyond its reasonable control.
T20. These terms and conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.
T21. Deviations to these terms and conditions must be in writing authorised by an Alexander Daniels Global Limited representative. Alexander Daniels Global Limited is acting in the capacity of an employment agency.
Alexander Daniels Global Limited. Registered in England No. 9647368. Registered Office: Lifford Hall, Lifford Lane, Kings Norton, Birmingham, B30 3JN www.alexanderdanielsglobal.com
11 St Pauls Square, Birmingham, B3 1RB | 100 Riverfront Drive, Suite 2610, Detroit, MI 48226