Terms and Conditions

Swordfish Resourcing Contingency Recruitment Terms ands Conditions of Business
These Terms are Binding and Enforceable

1. These terms and conditions of business are between Swordfish Resourcing, an employment agency, and the Client. The Client is defined as the company utilising the services of Swordfish Resourcing (hereafter referred to as "Swordfish"). The Candidate is the person introduced by Swordfish to the Client as the job applicant.
2. All business undertaken by Swordfish on behalf of the Client is subject to these terms and conditions unless specifically varied by written agreement between Swordfish and the Client.
3. An appointment takes place once the Client offers employment, whether on a temporary or permanent basis, to the candidate and the candidate accepts such employment.
4. If an appointment of a candidate takes place within twelve months of the initial introduction or any subsequent re-introduction then such an appointment will be subject to these terms and conditions.
5. An introduction shall be deemed to have taken place when Swordfish provides to the Client any information, which identifies a candidate, whether or not the candidate was known previously by the Client. To enable Swordfish to introduce suitable Candidates, the Client must provide Swordfish with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.
6. Information relating to candidates is strictly confidential. If the Client passes on details of a candidate to a third party that results in an appointment of that candidate by the third party, the Client shall pay Swordfish a fee of 35% of the anticipated first year's total remuneration of the candidate.
7. The Client agrees to supply Swordfish with any required Purchase Order within 7 days of the appointment of a Candidate. Where the Client fails to do so Swordfish is authorised to invoice the Client without an accompanying Purchase Order.
8. An invoice is payable within 14 days of its date of issue, after which the Client shall pay to Swordfish a compensation payment and statutory interest on the sum due in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended). If Swordfish incurs any legal costs as a result of non- or late payment of invoice, the Client will become liable to pay such costs.
9. Swordfish does not personally obtain references pertaining to a particular candidate. Swordfish takes no responsibility for any loss, damage or delay caused by the candidate. The Client is responsible for ensuring the suitability and capability of a candidate for employment and for taking references to verify skills, qualifications, integrity, the necessity of any work permits and the satisfaction of any medical requirements.

FINANCIAL

10. Swordfish's fees become payable on the appointment of a candidate and are based on first year's total remuneration of the candidate. The total remuneration includes, but is not limited to, all guaranteed income, guaranteed bonuses and signing on bonuses. The Client is obliged to advise Swordfish of the total remuneration offered to the candidate immediately an offer of employment has been made by the Client to the candidate.
11. Swordfish's fees are set out below:-
    • £1 to £19,999 invoiced at 20%
    • £20,000 to £24,999 invoiced at 22.5%
    • £25,000 to £29,999 invoiced at 25%
    • £30,000 and above invoiced at 28%
12. The Client shall notify Swordfish immediately when an appointment is made and shall provide full details of the appointment. Should the Client fail to advise Swordfish of the appointment within 7 days of the start date, a fee becomes payable of 40% of the anticipated first year's total remuneration of the candidate.
13. For any executive search facility provided, a fee of 30% will be charged regardless of salary. Whether an appointment is an executive appointment is to be agreed by the parties before the introduction takes place.
14. Should the offer of employment be retracted prior to the candidate joining the Client, then the Client shall be liable for a management fee of £1000 + VAT.
15. If the employment of a candidate terminates within 12 weeks of the commencement date of such employment a rebate will be paid by Swordfish to the Client of 8.33% of the fee charged by Swordfish for each full week the candidate was not employed during the 12 week period, subject to Clause 15 set out below.
16. No rebate will be payable by Swordfish if:-
    • a. the Client fails to notify Swordfish of the termination of employment in writing within 14 days of such termination;
    • b. the Client has failed to pay the invoice within 14 days of the date of the invoice;
    • c. the candidate is made redundant;
    • d. the cause of termination has no bearing upon the candidate's ability or integrity or character.

Revised Edition: 02/2007