PHOENIX RESOURCING SERVICES (HOLDINGS) LTD (PRS) AND ALL PRS GROUP COMPANIES
TERMS AND CONDITIONS FOR THE SUPPLY OF PERMANENT RECRUITMENT
1.1 In these Terms the following definitions apply:
“Annual Remuneration” means the gross annual remuneration of the Candidate Engaged by the Client, including (without limitation) basic salary or fees and a figure for the value of guaranteed and/or anticipated benefits (including the benefit of a company car), inducement payments, bonuses, commission and allowances (including car allowances) and any other payments or Benefits in Kind provided or made available to the Candidate which form part of the total remuneration package for the period of 12 months from the date of commencement of the relevant Candidate's Engagement whether the Candidate remains Engaged by the Client for the full 12 months or not (without limitation to any refund that may become payable pursuant to Clause 5);
“Benefit in Kind” means any benefit offered to the relevant Candidate in addition to salary or fees which is taxable as a benefit in accordance with HM Revenue & Customs rules from time to time in force;
“Candidate” means a person Introduced by PRS to the Client to be considered by the Client for Engagement or any member of PRS's own staff with whom the Client has had contact in connection with these Terms at any time within the 12 months prior to the date of any offer of Engagement made to such staff member by the Client;
“Client” means a person, firm or corporate body who approaches PRS with a view to Engaging a Candidate or to whom a Candidate is Introduced by PRS;
“Conduct Regulations” means The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended from time to time);
“CV” means a Candidate's curriculum vitae and any other details, documentation or information supplied by PRS to the Client relating to a Candidate;
“Data Protection Legislation” means all applicable laws and regulations, as amended or updated from time to time, in the United Kingdom relating to data protection, the processing of personal data and privacy, including without limitation,(a) the Data Protection Act 1998; (b) (with effect from 25 May 2018) the General Data Protection Regulation (EU) 2016/679; (c) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications); and (d) any legislation that replaces or converts into United Kingdom law the General Data Protection Regulation (EU) 2016/679, the proposed Regulation on Privacy and Electronic Communications or any other law relating to data protection, the processing of personal data and privacy resulting from the United Kingdom leaving the European Union;
“Engagement” means the employment, engagement or other use, directly or indirectly, of a Candidate by Client or by any Third Partyto whom or to which the Candidate was Introduced by Client (whether with or without PRS’s knowledge or consent)on a permanent, temporary or other basis, whether under a contract of service or contract for services, or under an agency, licensee, franchise, partnership agreement or otherwise, and “Engage”, “Engaging” and “Engaged” shall be construed accordingly;
“Interview” means a face to face meeting (in person or by video link) or telephone conversation between the Client and a Candidate, and “Interviewing” and “Interviewed” shall be construed accordingly;
“Introduction” means directly or indirectly introducing a Candidate by way of CV, Interview, meeting or referral, by telephone or otherwise and "Introduce", "Introducing" and "Introduced" shall be construed accordingly;
“Losses” means all losses, liabilities, damages, costs, expenses whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business, goodwill or reputation, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;
“PRS” means the member of the group of companies and/or limited liability partnerships of which the parent, or ultimate parent, company is Phoenix Resourcing Services (Holdings) Limited (company no. 04401459) a company incorporated in England and Wales with its registered office at 2nd Floor Regis House, 45 King William Street, London, United Kingdom, EC4R 9AN identified to the Client by the relevant member/the identity and details of which are printed at the foot of these Terms/which is identified above as the signatory to these Terms and details of which are printed at the foot of these Terms;
“Recruitment Fee” means the fee payable to PRS by the Client upon any Engagement pursuant to these Terms;
“Terms” means these terms between PRS and the Client comprising the terms set out in this document including the Schedules and any Appendices; and
“Third Party” means any company or person who is not Client. For the avoidance of doubt, subsidiary and associated companies of Client (as defined by s.1159 of the Companies Act 2006 and s.416 of the Income and Corporation Taxes Act 1988 respectively) are included (without limitation) within this definition.
1.2 Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.
1.3 Where the context permits, words denoting:
1.3.1 persons shall include bodies corporate and unincorporated associations of persons;
1.3.2 the singular include the plural and vice versa; and
1.3.3 one gender shall include any gender.
1.4 The headings in these Terms are for ease of reference only and shall not affect their interpretation.
1.5 Any reference in these Terms to a Clause is, unless otherwise stated, to a Clause of these Terms.
2 APPLICATION OF THESE TERMS
2.1 All and any business relating to permanent recruitment undertaken by PRS is transacted subject to these Terms, all of which shall be incorporated in any agreement between PRS and the Client.In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly agreed otherwise in writing by a director or other authorised representative of PRS.
2.2 These Terms supersede all previous terms and conditions of business of PRS in respect of the subject matter of these Terms whether written, oral or implied.
2.3.1 the Client's signature of these Terms or acceptance of the Terms online;
2.3.2 the Client's providing PRS with a job specification/provision of a job specification to PRS;
2.3.3 the Client's receipt of a Candidate’s CV;
2.3.4 the Introduction of a Candidate;
2.3.5 the Client Interviewing or Engaging a Candidate; or
2.3.6 a Candidate commencing work for or providing services to the Client or to any Third Party as envisaged under Clause 4.1.
3 INTRODUCTIONS AND CONFIDENTIALITY
3.1.1 not notified PRS within 48 hours of the relevant Introduction to the Client that the Candidate is already known to the Client and/or has already been introduced to the Client by another employment agency or business and not provided PRS, within such 48 hour period, with satisfactory evidence of the same and with satisfactory evidence that the Candidate was identified to the Client with the Candidate's prior consent (and PRS reserves the right to ask the Candidate whether or not the Candidate gave such consent and the Candidate's response shall be final and binding); or
3.1.2 notified PRS within the period set out in Clause 3.1.1 that the Candidate is already known to the Client and, within such period, has provided PRS with the satisfactory evidence set out in Clause 3.1.1, but the Client does not, within such period, provide PRS with satisfactory evidence that the Client has been in contact with the Candidate regarding relevant vacancies within the 3 months prior to the relevant Introduction.
3.2.1 of any offer of an Engagement which the Client makes to a Candidate at which time the Client shall provide PRS with a copy of the Client's offer letter to the Candidate and full and accurate details of the job title and Annual Remuneration offered; and
3.2.2 upon an offer of Engagement being accepted by a Candidate or otherwise upon the commencement of an Engagement (whichever first occurs) at which time the Client shall provide PRS with confirmation of the job title and details of the Annual Remuneration.
3.3 Notwithstanding Clause 6.1 and without prejudice to Clause 7.3 (if applicable), the Client:
3.3.1 shall satisfy itself as to the suitability of any Candidate for the purposes of the vacancy for which a Candidate has been Introduced;
3.3.2 has sole responsibility for selecting a Candidate for Engagement;
3.3.3 should, PRS recommends, make all offers of Engagement subject to receiving satisfactory references, which the Client should take up directly, and, at the Client's cost, verify to its own satisfaction all statements made by or on behalf of a Candidate, in particular ensuring that any legal, professional body or other requirements relating to (without limitation) training, qualifications, authorisations, professional certification, security vetting clearance, medical requirements and immigration status, are satisfied as required by law and that the Candidate holds a current driving licence if required to drive a Client vehicle.
3.4 At all times hereafter, termination of these Terms notwithstanding, the Client shall treat as confidential and shall not, without PRS's prior written consent, divulge to any third party or, except to the extent necessary for performance hereunder, make any use of any proprietary, business or technical information, owned or supplied by PRS or representatives of PRS which is disclosed or made available to the Client by or on behalf of PRS. Information which was in the Client’s possession prior to its disclosure by or on behalf of PRS to the Client, or which is or shall become part of the public knowledge or literature from a source other than the Client, either directly or indirectly, shall not be subject to the provisions of this Clause. The Client agrees to indemnify PRS from any and all liability in connection with the Client’s breach of this Clause3.4.
3.6 The Client may only use any CV supplied for the purposes of selecting a Candidate for Interview and deciding whether to Engage a Candidate.If the Client decides not to Engage a Candidate, the Client hereby undertakes to return all copies of the Candidate's CV to PRS and to remove, delete or destroy all records it may have which include details of or from the CV.
4.1.1 Engages a Candidate; or
4.1.2 (whether or not the Client has complied with Clause 3.5)Introduces a Candidate to another person, including (without limitation) a Third Party resulting in an Engagement by that Third Party,
at any time within 6 months from the later of:
4.1.3 the Introduction of a Candidate to the Client by PRS; or
4.1.4 the date of a Candidate’s last Interview with the Client,
and regardless of whether the Candidate is Engaged in the same role for which the Candidate was initially Introduced or in a different role, PRS shall be entitled to issue an invoice to the Client as soon as the Engagement commences and the Client shall pay PRS a Recruitment Fee pursuant to Clause 4.5.
4.2 Should the Client, after an offer of employment has been accepted by the Candidate, decide to revoke the offer and not proceed with the Engagement for any reason, Client shall be liable to pay PRS an amount equal to 25% of the total Recruitment Fee.
4.3 If any invoice fails to reach the Client within 10 days of the Candidate's commencement of the Engagement or the Client discovers an error in the invoice, the Client shall notify PRS immediately and PRS will reissue the invoice if the invoice has failed to reach the Client or if PRS agrees that there is an error in the invoice.
4.4 All invoices will be deemed to be accepted in full by the Client in accordance with the payment terms stated in this Clause unless the Client notifies PRS, in writing within 5 days of receiving the invoice, stating the amount the Client disputes and the reason the Client disputes that amount. In the event the Client does so notify PRS that it wishes to dispute part of an invoice, the Client agrees to pay the undisputed part of the invoice within the agreed payment terms and shall co-operate fully with PRS in order to resolve the dispute as quickly as possible.
4.5 The Recruitment Fee is based upon a Candidate’s Annual Remuneration in accordance with the scale of fees set out in Schedule 1 (as may from time to time be amended by PRS) or as may otherwise be agreed by PRS in writing with the Client.
4.6 If the Client at any time requests advertising search and selection, all charges in connection therewith shall be agreed in writing by the Client and a director of PRS prior to any Interview of any Candidate by the Client.
4.7 All monies due under this Clause 4 shall become due and payable in full (without any deductions, withholding or set-off) by the Client within 30 days of the date the Candidate commenced the Engagement or as may otherwise be agreed by PRS in writing.
4.8 If the total Recruitment Fee is not paid within thirty (30) days or as otherwise agreed or determined in writing between the parties, the replacement and refund clause set out below shall become null and void. PRS also reserves the right to charge the Client interest on any amount outstanding after the period for payment set out in Clause 4.7 (both before and after any judgment) at the rate of 5% per annum above the base rate of Barclays Bank plc from time to time in force from the due date until the date of payment, and any such interest shall be payable on demand.
4.9 All amounts payable under these Terms are exclusive of value added tax which shall be payable by the Client at the prevailing rate where applicable.
5 REPLACEMENTS AND REFUNDS
5.1 If from the date the Candidate commences the Engagement, the Client or the Candidate gives notice to terminate the Engagement (whether or not the date of termination falls within such 12 week period) and provided that:
5.1.1 the Client notifies PRS immediately that the Candidate's Engagement has been terminated and confirms this in writing within 5 days of the date the Engagement is terminated stating the reason(s) for and the date of termination of the Engagement and requesting a replacement;
5.1.2 all monies due under these Terms have been paid in full by the Client in accordance with Clause 4;
5.1.3 such termination is not as a result of redundancy, reorganisation, transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, injury or ill-health or any unlawful discrimination under the Equality Act 2010 (including, without limitation, any unlawful discrimination by reason of the Candidate's or other relevant person's actual or perceived age, disability, gender reassignment, marriage, civil partnership, pregnancy, maternity, race, religion, belief, sex or sexual orientation);
5.1.4 such termination is not by reason of a dismissal classed as an automatic unfair dismissal by virtue of the Employment Rights Act 1996 (including, without limitation, unfair dismissal for: reasons connected with pregnancy, childbirth, or statutory maternity, paternity, adoption, parental leave of time off for dependants; a health and safety reason; or making a protected disclosure) or other employment legislation from time to time in force;
5.1.5 the Candidate has not, at any time during the 12 months prior to the date of commencement of the Candidate's Engagement by the Client under these Terms, been supplied to the Client on a temporary assignment via any member of the group of which Phoenix Resourcing Services (Holdings) Limited (company no. 04401459) is the parent company; and
5.1.6 such termination has not arisen as a result of the Client entering into the Engagement with the prior or likely intention of disposing with the Candidate's services or terminating the Engagement either without proper cause or with a view to obtaining a replacement or refund unfairly,
PRS will use its reasonable endeavours to find a replacement against the Client's original specification at no extra cost to the Client. Client is entitled to one (1) re-engagement of PRS for a replacement Candidate under this section per Engagement.
5.2.1 the Client does not notify PRS that it would like a replacement and notifies PRS in writing within 5 days of the date the Engagement is terminated that it would like a refund; or
5.2.2 pursuant to Clause 5.1, PRS is unable to find a replacement within a timeframe agreed in writing between PRS and the Client or any extension of such timeframe,
PRS will immediately pay the Client a rebate of the Recruitment Fee paid to PRS by the Client as set out in Schedule 2.For the avoidance of doubt, PRS will not, under any circumstances, refund or rebate any other prior negotiated and agreed fees, charges or expenses.
5.3 No refund shall be paid in respect of an Engagement where a Candidate was previously Engaged in any capacity by the Client through PRS.
5.4 If the Client Engages a replacement found by PRS and the Client (or any Third Party) subsequently re-Engages (or Engages) the Candidate for whom PRS found the replacement in any capacity within 12 months of the date of termination of that Candidate's Engagement, the Client shall pay PRS the Recruitment Fee for such subsequent re-Engagement (or Engagement by any Third Party) with no entitlement to a refund or rebate.
5.5 If PRS has paid the Client a refund and the Client (or any Third Party) subsequently re-Engages (or Engages) the relevant Candidate in any capacity within 12 months of the date of termination of the Engagement in respect of which the refund was paid, the Client shall repay forthwith on demand the amount of the refund in full to PRS and shall pay PRS the Recruitment Fee for such subsequent re-Engagement (or Engagement by any Third Party) with no entitlement to a refund or rebate.
6 PRS OBLIGATIONS
6.1 PRS will use its reasonable endeavours to Introduce to the Client a suitable Candidate to fill the position which the Client seeks to fill based on the information provided by the Client to PRS on the position, including the type of work a Candidate in that position would be required to do.Whilst PRS will make every effort to maintain a high standard of integrity and an efficient service, PRS gives no warranty as to the suitability of any Candidate.
6.2 If, within the period of 3 months from the date of Introduction of the Candidate to the Client, PRS receives or obtains information which indicates that the Candidate is or may be unsuitable for the position in which the Candidate has been Engaged by the Client, PRS shall inform the Client of that information on the same day, or, where that is not reasonably practicable, on the next working day.
6.3 Without prejudice to the provisions of Clause 3.3, if the Candidate is subject to immigration control for the purposes of the Immigration, Asylum and Nationality Act 2006, PRS confirms that the Candidate (or person) has valid leave to enter the United Kingdom at the date of Introduction and PRS has directed the Candidate to make available to it the relevant documentation required by PRS to verify the same.
7 THE CLIENT’S OBLIGATIONS
7.1 The Client warrants and confirms that prior to Introduction it will give to PRS sufficient information in order for PRS to select a suitable Candidate(s) for the position the Client seeks to fill, including but not limited to:
7.1.1 the identity of the Client and, if applicable, the nature of the Client’s business;
7.1.2 the date on which the Client requires a Candidate to commence work and the duration, or likely duration, of the work;
7.1.3 the position which the Client seeks to fill, including, but not limited to, the type of work a Candidate in that position would be required to do, the location at which and the hours during which the Candidate would be required to work, any risks to health or safety known to the Client and the steps the Client has taken to prevent or control such risks;
7.1.4 the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law or by any professional body, for the Candidate to possess in order to work in the position;
7.1.5 any expenses payable by or to the Candidate;
7.1.6 the minimum rate of remuneration and any other benefits which the Client would offer to a person in the position which it seeks to fill, and the intervals at which the person would be paid; and
7.1.7 where applicable, the length of notice which the Candidate in such a position would be required to give, and entitled to receive, to terminate the Engagement with the Client.
7.2.2 that the Candidate has the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law or by any professional body, to work in the position which the Client seeks to fill; and
7.3 Where the Candidate is to be Introduced to the Client with a view to the Candidate taking up a position which involves working with, caring for or attending any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, including any person under the age of 18, the Client confirms that prior to Introduction PRS has:
126.96.36.199 offered to provide to the Client copies of two references obtained from persons who are not relatives of the Candidate and who have agreed that the reference provided may be disclosed to the Client; and
7.3.2 or, where PRS has taken all reasonably practicable steps to comply with the requirements set out in Clauses 188.8.131.52, 184.108.40.206 and 220.127.116.11 and has been unable to do so fully, has instead:
18.104.22.168 complied with those requirements to the extent that it was able to do so;
22.214.171.124 informed the Client that it has taken all reasonably practicable steps to comply fully with those requirements and has been unable to do so; and
126.96.36.199 informed the Client of the details of the steps that it has taken in order to try and comply fully with those requirements.
8.1 Neither PRS nor any of PRS's staff shall be liable to the Client for any Losses suffered or incurred by the Client arising in connection with these Terms or any Introduction or Engagement, in particular (but without limitation to the foregoing), any Losses arising in connection with:
8.1.1 any failure by PRS to Introduce a Candidate;
8.1.2 the failure of any Candidate to meet the requirements of the Client for all or any of the purposes for which the Candidate is required by the Client;
8.1.3 any act or omission of any Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or
8.1.4 any Losses suffered or incurred by any Candidate;
provided that nothing in this Clause 8.1 shall be construed as purporting to exclude or restrict PRS’s liability to the Client for personal injury or death resulting from PRS's own negligence nor as otherwise may be prohibited by law.
8.2 Client shall indemnify PRS from and against any and all claims for personal injury to or death of Client’s employees arising out of or occurring in connection with these Terms, save as provided for above. Client hereby releases PRS from and waives any and all claims and rights against PRS arising out of or related to such physical damage or loss to the property of Client.
8.3 Neither party shall be liable to the other for loss of anticipated profits or for any special, indirect, or consequential damages resulting from or arising out of or occurring in connection with these Terms and/or performance under these Terms.
8.4 The Client acknowledges that in entering into these Terms it has not relied on any representations, warranties or other assurances by PRS other than those expressly set out in these Terms, provided that nothing in this Clause 8.2 shall operate to limit or exclude any liability for fraudulent misrepresentation between PRS and the Client.
9.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 9 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation. The Client's attention is drawn to the confidentiality and data protection notice printed on the front sheet of the CV.
9.2 For the purposes of this clause 9 "Data Subject" means as set out in and will be interpreted in accordance with Data Protection Legislation. For the avoidance of doubt, Data Subject includes Candidate.
9.3 The parties hereto acknowledge that PRS is a Data Controller in respect of the Personal Data of Candidate and provides such Personal Data to Client in accordance with the Data Protection Legislation for the purposes anticipated by these Terms.
9.4 The parties hereto acknowledge that Client is a Data Controller but the parties hereto are not Joint Controllers (as defined within Data Protection Legislation) save where a specific agreement is made to that effect between the parties hereto.
9.5 The parties hereto warrant to each other that any Personal Data relating to a Data Subject, whether provided by Client, PRS or by Candidate, will be used, Processed and recorded by the receiving party in accordance with Data Protection Legislation.
9.6 The parties hereto will take appropriate technical and organisational measures to adequately protect all Personal Data against accidental loss, destruction or damage, alteration or disclosure.
9.7 Client will -
9.7.1 comply with the instruction of PRS as regards the transfer/sharing of data between the parties hereto. If Client requires Personal Data not already in its control to be provided by PRS, Client will set out their legal basis for the request of such data and accept that PRS may refuse to share/transfer such Personal Data where, in the reasonable opinion of PRS, it does not comply with its obligations in accordance with Data Protection Legislation;
9.7.2 not cause PRS to breach any of their obligations under the Data Protection Legislation.
9.8 In the event Client becomes aware of an actual or any reasonably suspected Personal Data Breach, it will immediately notify PRS and will provide PRS with a description of the Personal Data Breach, the categories of data that was the subject of the Personal Data Breach and the identity of each Data Subject affected and any other information PRS reasonably requests relating to the Personal Data Breach.
9.9 In the event of a Personal Data Breach, Client will promptly (at its own expense) provide such information, assistance and cooperation and do such things as PRS may request to -
9.9.1 investigate and defend any claim or regulatory investigation;
9.9.2 mitigate, remedy and/or rectify such breach; and
9.9.3 prevent future breaches.
and will provide PRS with details in writing of all such steps taken.
9.10 Client will not release or publish any filing, communication, notice, press release or report concerning any Personal Data Breach without the prior written approval of PRS.
9.11 Client agrees it will only Process Personal Data of Candidate for the agreed purpose that is introduction for a Vacancy pursuant to these Terms.
9.12 Client will provide evidence of compliance with clause 9 upon request from PRS.
9.13 Client will indemnify and keep indemnified PRS against any costs, claims or liabilities incurred directly or indirectly by PRS arising out of or in connection with any failure to comply with Clause 9.
10.1 These Terms may be terminated at any time by either party upon 3 months’ written notice.
10.2 These Terms may be terminated by either party by giving to the other immediate notice in the event that either PRS or the Client goes into liquidation, becomes bankrupt or enters into an arrangement with creditors or has a receiver or administrator appointed.
10.3 Without prejudice to any rights accrued prior to termination, the obligations within clauses 12, 3.1, 3.2, 3.4, 4, 5.5, 8, 9 and 11 will remain in force beyond the cessation or other termination (howsoever arising) of these Terms.
11.1 PRS is an independent contractor without authority to bind the Client by contract or otherwise, and is neither an employee of the Client, nor its agent for any other purposes whatsoever. PRS will perform its obligations under the Client's general direction, but PRS will determine in its sole discretion the manner and means by which the obligations are accomplished, subject to the express condition that PRS will at all times comply with applicable law.
11.2 Each party’s sole remedy in the event the other fails to perform its responsibilities in accordance with these Terms shall be to terminate these Terms. Upon such termination, neither party shall have any further obligations to the other except for the payment of any fees due hereunder.
11.3 PRS is committed to equal opportunities and expects Client to comply with all anti-discrimination legislation as regards the selection and treatment of Candidates.
11.4 PRS and the Client shall comply with all applicable anti-bribery laws and anti-money laundering, rules, and regulations of the United Kingdom including the UK Bribery Act 2010, the UK anti-money laundering and anti-terrorism laws and regulations. If either party to these Terms reasonably believes the other has or will engage in improper conduct in breach of this Clause, they may terminate these Terms with immediate effect. The Client shall indemnify PRS and its respective employees from any claims that may arise as a result of breach by the Client of the obligations set forth herein.
11.6 No provision within these Terms can or shall be construed as the grounds of any partnership or joint venture between PRS and the Client.
11.7 No third party rights are intended to be conferred or created by these Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
11.8 All notices or other communication given to a party under or in connection with these Terms shall be in writing and shall be deemed to have been duly given when delivered by hand, posted by pre-paid first class post or sent by email to the intended recipient to such email address as the parties may have notified each other for this purpose. A notice or other communication shall be deemed to have been received: if sent by post, at 9.00am on the second business day following posting; if sent by email, at the time of transmission.
11.9 Failure or neglect by either party at any time to enforce any provision of these Terms shall not be a waiver of that party’s rights and shall not prejudice its rights to take action in respect of the same or any later breach.
11.10 These Terms are personal to the Client and it shall not be entitled to assign or sub-contract its obligations or rights under these Terms to any third party without the prior written consent of PRS, not to be unreasonably withheld. PRS shall be entitled to assign or sub-contract its obligations or rights under these Terms to any third party without the prior written consent of the Client.
11.11 If any provision of these Terms is held by any court or other competent authority to be wholly or partially void, invalid, or unenforceable, such provision shall be deemed deleted from the body of these Terms which shall continue to be valid and enforceable to the fullest extent permitted by Law).
11.12 Each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.
11.13 Each party shall pay its own costs and expenses incurred in connection with these Terms.
11.14 These Terms shall be construed in accordance with the laws of England and Wales and all disputes, claims or proceedings between the parties relating to the validity, construction or performance of these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
SIGNED by ……………………………………………………………………
for and on behalf of PHOENIX RESOURCING (HOLDINGS) LTD
SIGNED by ……………………………………………………………………
for and on behalf of
SCALE OF FEES
NOTE: Preferred pre agreed fees when agreed in advance in writing will take precedent unless in the case of an unconfirmed placement where standard fees will apply
Recruitment Fee (as a percentage of Annual Remuneration)
Up to £14,999
12% standard fees or as agreed in advance or as part of a PSL
From £15,000 up to £19,999
15% standard fees or as agreed in advance or as part of a PSL
From £20,000 up to £29,999
18% standard fees or as agreed in advance or as part of a PSL
£30,000 to £34,999
20% standard fees or as agreed in advance or as part of a PSL
£35,000 and over
25% standard fees or as agreed in advance or as part of a PSL
SLIDING SCALE REBATE
Percentage of Recruitment Fee Rebate
Within first 4 weeks
4 weeks 1 day to 8 weeks
8 weeks 1 day to 12 weeks
12 weeks +0