1.1 In these Terms of Business the following definitions apply:
“Company” means Paul Stevens Consultancy Limited, 16 Belvoir Crescent Langar Nottinghamshire NG13 9HU, United Kingdom; registered address 5-9 Eden Road, Kingston upon Thames, Surrey KT1 1BQ, United Kingdom also known as “PSCL” Registered at companies House as a private company and a company that is limited. Company registration number 5881894
“Trading Names” The Company trades under the names of Paul Stevens Consultancy, PSCL or CP Outplacement
“Consultancy” includes work carried out on any individual aspect of the recruitment process such as assessment centre selection, testing of candidates, salary surveys, research, internal interviews or employee assessment. Consultancy includes outplacement, project work including interim employment, outplacement, business development, marketing services, brand development and advice on setting up or running a business.
“Candidate” means the person introduced by the Company to the Client for an Engagement including any officer or employee of the Candidate if the Candidate is a limited company and members of the Company’s own staff;
“Client” means the person; firm or corporate body together with any parent, subsidiary or associated Company as defined by the Companies Act 1985 to which the Candidate is introduced;
“Assignment” means instruction by the Client either verbally or in writing to carry out Search and Selection for candidates.
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Candidate is an officer or employee;
“Introduction” means (i) the Client’s meeting of a Candidate in person or interview by telephone, following the Client’s instruction to the Company to search for a Candidate; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Candidate;
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
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.
2. Services and Fees
2.1 Consultancy. Should a Client require any Consultancy work to be carried out a daily rate or a rate for the project will be agreed, in advance, to cover the time required. In addition any commission payments along with invoice dates will be agreed in advance.
PSCL can provide the following recruitment services:
2.2 Database Search. PSCL maintains a database of uses external databases of Candidates including access to Social Media. PSCL can search for relevant Candidates either in isolation or in conjunction with Advertised Based Selection or Executive Search.
A fee will be charged equating to 20% of the Candidates first year’s Remuneration. This amount will be invoiced one week before the start date of the candidate with the Client.
2.3 Advertised Based Search and Selection. PSCL will advise on the appropriate media, prepare a schedule of estimated costs and time scales. Proposed advertising copy will be prepared for approval by the Client. PSCL will manage all aspects of the assignment resulting in a short list of candidates matching the requirements against the Assignment. Fees will be charged in three stages. One third of the anticipated Remuneration on commencement of the Assignment, one third on presentation of a shortlist of candidates and the balance to make the final stage fee on commencement of employment by the candidate.
The final stage fee will be 20% of the agreed first year’s remuneration less the first and second stage fee.
2.4 Executive Search. PSCL will identify individuals and or organisations that are likely to employ the calibre of Candidate required. Confidential contact will be made to identify potential candidates and detailed selection will be carried out to ascertain suitability. Fees will be charged in three stages. One third of the anticipated Remuneration on commencement of the Assignment one third on presentation of a shortlist of candidates and the balance to make the final stage fee on commencement of employment by the successful Candidate.
The final stage fee will be 30% of the agreed first year’s remuneration less the first and second stage fee.
3. Terms of Payment
3.1 All invoices are payable within 14 days of the date of invoice.
3.2 All invoices are subject to VAT, if applicable.
3.3 Any expenses incurred whilst carrying out duties in 2.2, 2.3 and 2.4 above will be charged to the Client at cost. VAT invoices will be provided by PSCL. Anticipated expenses could include travel, meeting room hire, advertising, candidates travel expenses and entertaining for Executive Search Assignments. All expenses will be with prior approval.
3.4 The Company reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 4% per annum above the base rate from time to time of HSBC Bank plc from the due date until the date of payment.
4.1 The Client agrees:
a) To notify the Company immediately of any offer of an Engagement which it makes to a Candidate;
b) To notify the Company immediately that its offer of an Engagement to a Candidate has been accepted and to provide details of the Remuneration to the Company;
4.2 In the event that the Engagement is for a fixed term of less than 12 months, the fee in the clauses 2.1, 2.2 and 2.3 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Candidate within 3 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.
4.3 If the Client subsequently engages or re-engages the Applicant within the period of 3 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 4.2 above becomes payable.
4.4 To give 4 weeks notice, in writing, of the termination of any Consultancy work, unless otherwise agreed at the beginning of the Consultancy work.
5. Cancellation Fee
5.1 If an exclusive brief for services defined in 2.2 and 2.3 is terminated by the Client the next stage fee and any expenses incurred is payable within 14 days of the notification of termination. If a Consultancy agreement defined in 2.4 is terminated within 5 working days 50% of the agreed daily rate is due for payment.
6.1 Should a Candidate appointed through PSCL fail to complete 3 months service except in the case of redundancy, then subject to payment terms having been met a replacement candidate will be searched for withpensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company. This includes seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Company to introduce any Applicant or incomplete Consultancy work. For the avoidance of doubt, the Company does not exclude liability for death or personal injury a no further fee. Any expenses incurred will still be charged as in 3.3. No refunds will be given.
7.1 Authorisation from the Client either verbally or in writing to proceed with any service is deemed to be acceptance by the Client to these Terms of Business.
8.1 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company. This includes seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Company to introduce any Applicant or incomplete Consultancy work. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
9.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
Paul Stevens Consultancy Limited
16 Belvoir Crescent, Langar, Nottinghamshire, NG13 9HU United Kingdom
Phone: 01949 861633 Email: email@example.com
5-9 Eden Street, Kingston upon Thames, Surrey KT1 1BQ, United Kingdom
Company No. 5881894
Update Published February 2017