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Sales & Marketing terms of business

These Terms & Conditions of Business are between Longbridge Recruitment (Sales & Marketing) Ltd (the “Company”) and the “Client” engaging the “Candidate”.

Fee: on successful Engagement the Company will charge a fee based on the Candidate’s Starting Salary of 25%, plus VAT.

Starting salary: is defined as salary and any guaranteed bonus or commission; if a company car is provided this is assessed as £5,000 pa or the actual car allowance.

Acceptance: the release of a Candidate name by the Company to the Client will constitute an introduction; these Terms and Conditions are deemed to be accepted by the Client by virtue of an instruction to arrange an interview with a Candidate or the Engagement by the Client of a Candidate.

Duration: the Engagement of an applicant at any time within 12 months next following the introduction or subsequent reintroduction will constitute a contract between the Client and the Company.

Duplication: every endeavour is made to avoid duplications. But if the Client gives the Company evidence of hiring related communication between the Candidate and the Client in the previous 6 months (even via a 3rd party) within 5 working days, provided no instruction to interview has occurred, the Company will accept no introduction has occurred.

Position: the introduction fee applies irrespective of whether the position commenced is that for which the candidate was originally introduced.

Third Party Introductions: should the Client introduce a candidate introduced by the Company on to any third-party, an introduction to the Client will similarly be deemed to have occurred. Similarly, if a candidate who has been introduced by the company to a client then refers another candidate to the client, a fee shall be incurred accordingly.

Advertising: where advised by a client of a vacancy the Company assumes the authority to advertise the vacancy under its own name, in accordance with the Employment Agencies and Employment Businesses Regulations 2003.

Liability: every effort is made by the Company to give satisfaction to the Client by ensuring reasonable standards and skills, integrity and reliability from Candidates and further to provide suitable Candidates in accordance with booking details. However, it is the responsibility of the employer to satisfy themselves of this. No liability (by reason of human element) will be accepted by the Company for the negligence, dishonesty, misconduct or lack of skill of a Candidate, or for any loss, expense, damage or delay arising from any failure to provide a Candidate.

Engagement: the Engagement, employment or use of the Candidate by the Client or any 3rd party on a Permanent, Contract or Temporary basis, whether under a contract of service or for services, or Agency, licence, franchise or partnership agreement, directly or through a limited company. Salary, in the case of a direct Contract or Temporary Engagement, is calculated on the actual monthly gross pay to the Candidate as notified by the client and invoiced in advance for the duration of the contract and any subsequent renewals.

Payment Terms: the Company’s terms are strictly 14 days net from the date of invoice. No discount is allowed for earlier payment. The Client agrees to notify the Company immediately regarding any offer of employment, and of acceptance, and provide details of the Starting Salary.

Version: these Terms are effective 1st June 2011 and supersede any other previous Terms and Conditions or any other agreed Terms.  No variation of these Terms shall be binding unless such variation is in writing.

General: these Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. Unless the context requires otherwise, references to the singular include the plural. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation