1. The Contract
Written acceptance of a proposal or the arrangements of Sappers Network of an interview of an applicant introduced by Sappers Network with the client shall be deemed to be acceptance of and agreement to these terms and conditions by the client, this will last for a period of 12 months from introduction.
No alteration shall be made to the conditions of these terms and conditions without the prior written agreement of Sappers Network. All contracts shall be governed by and construed in accordance with the law of England and the Client hereby agrees to accept the non-exclusive jurisdiction of the English Courts.
Each party undertakes not to print, publicise or disclose to any third party any confidential information relating to the other party or its operations without the prior consent of the other party. Sappers Network agree to be similarly bound in respect of its involvement with the provision of the recruitment service. Information relating to any individuals introduced to the client may not be divulged by the client to any third party without the express permission of Sappers Network.
A Fee will be payable as was agreed at the start of the assignment.
Fees will become due in the case that any candidate is introduced by Sappers Network to a client and subsequently employed by the client or associate after such introduction. By using Sappers Network the employer agrees to notify Sapper Network of the remuneration package on offer /agreed and whenever a candidate is offered employment and the offer being accepted.
‘Introduction’ means the presentation of an individual’s name and/or details by Sappers Network to a client, whether or not the client knew or knew about the individual previously.
4. A Register or Contingency Search
A register search involves Sappers Network searching for appropriate candidates among those already on their database. Sappers Network will identify and approach persons that fulfil the agreed client criteria for the relevant job vacancy or vacancies. Sappers Network will then present to the client those they deem most appropriate.
For contingency or register search assignments, the full fee in accordance with the rate agreed between both parties becomes payable by the client on the candidate’s written acceptance of an offer of employment, or on the date the candidate starts work, whichever is the earlier date. Such invoices are payable within 14 days of the date of invoice.
5. A Retained Search
A retained search involves Sappers Network continually searching for appropriate candidates among those on their database, that fulfil the client’s criteria for the relevant job, in order to meet a client’s standing requirement for employees. The retained search will continue for as long as specified by the client or until such time the standing requirement is fully met.
For retained search assignments, the full fee in accordance with that which was agreed becomes payable by the client on each candidate’s written acceptance of an offer of employment, or on the date each candidate starts work, whichever is the earlier date. Such invoices are payable within 14 days of the date of invoice.
Value Added Tax will be charged at the rate applicable on the date of invoice. Payment is to be received by Sappers Network in accordance with the agreed terms of business. Sappers Network reserves the right to charge interest on invoices that are paid late, in accordance with recommended practice. If such a situation arises interest at a rate of four per cent per annum over the published base rate of HSBC, on the date payment was due to be made, will be charged on any sums overdue under the terms of the Contract. Late payment of an invoice will invalidate a client’s claim to a refund, in the unlikely circumstances that such a claim might arise.
In the event of a termination of employment of the appointed candidate, for whatever reason, the following refund scale will apply unless an alternative candidate has been found free of charge:
- Termination up to 4 weeks form start of employment: 100%
- Termination between 4 weeks and 8 weeks from start or employment: 50%
- Termination between 8 weeks and 12 weeks from start of employment: 25%
- No refund will be given for terminations occurring after 12 weeks.
No refund shall be made in the case where any invoice shall not have been paid within 14 days after it should have been rendered (other than in the case where the client is entitled to a full refund) or if the termination of employment is due to redundancy or if written notice of the termination of a candidate’s employment is not given to Sappers Network within seven days after such termination.
8. Withdrawal of Offer
Where an offer of employment has been made by a client and is subsequently withdrawn after acceptance by the candidate through no fault of the candidate, the fee agreed by both parties will be due and payable by the client. Copies of all offers of employment made by clients will be sent to Sappers Network at request.
9. General Liabilities
Once a candidate introduced by Sappers Network is in the client’s employment, Sappers Network is not liable for the person’s misconduct or for any loss, expense or damage that person may cause the client to incur.
Under no circumstances whatsoever shall Sappers Network be liable under the law of contract, tort or otherwise for any loss of profits or contracts or any indirect or consequential loss or damage.
Sappers Network shall endeavour to ensure the suitability of any applicant introduced to the client and to maintain a high standard of service and integrity, but Sappers Network makes no warranty, express or implied, as to the suitability of any applicant introduced to the client.
10. References, Medical and Other Checks
The client shall be responsible for taking up any reference (including the confirmation of any professional or academic qualifications) and shall satisfy itself as to the suitability of any applicant prior to the engagement of an applicant by the client. The client shall be responsible for arranging all medical examinations and other investigations of the applicant that the client shall deem appropriate or necessary and shall be responsible for obtaining any work and other permits.
11. Force Majeure
Neither party shall be liable for any delay in meeting or for failure to meet its obligations under the contract due to any cause beyond its reasonable control.