- All and any business undertaken by Totally Sales Recruitment Select (hereinafter called ‘The Agent’) is transacted subject to the conditions hereinafter set out each of which shall be incorporated or implied in any agreement between the Agent and it’s Clients. In the event of conflict between these conditions and any other terms and conditions, this agreement shall prevail and replaces all previous agreements unless expressly agreed to the contrary by the Agent in writing. This contract refers to the Sales or Technical Divisions of TSR Select.
- The introduction by the Agent to the Client of any applicant and the client interviewing such applicant shall be deemed acceptance of any agreement to these conditions of business.
- The Client agrees to notify the Agent immediately any offer of employment that is accepted and to pay an introduction fee upon engagement of any applicant introduced by the Agent to the Client unless the engagement is more than twelve months after the applicant’s introduction by the Agent to the Client. The introduction fee shall be calculated in accordance with the Agent’s scale of fees. See Appendix A.
- The Agent Endeavour’s to ensure the suitability of any applicant introduced to the Client. The Client shall not with standing satisfy himself as to the suitability of any applicant and shall take up any references provided by the applicant and/or the Agent before engaging the applicant. The Client shall be responsible for obtaining work and other permits and for the arrangement of medical examinations and/or investigations into the medical history of any applicant.
- In the event of the Client introducing any applicant introduced to the Client by the Agent to another person, firm or corporation, the Client shall pay to the Agent an introduction fee in accordance with condition 3 herein, unless the engagement is more that twelve months after the applicant’s introduction by the Agent to the Client.
- The Agent shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Agent seeking an applicant for the Client or the introduction by the Agent to the Client of any applicant or the engagement of any applicant by the Client.
- Should any consultant employed by The Agent commence employment with The Client within six months after leaving The Agent then a fee at the agreed terms will be applicable.
- In the event of any applicant terminating and/or the Client lawfully terminating the engagement within twelve weeks of the date upon which such applicant commenced work for the Client and (a) provided that the Client notifies the Agency IN WRITING of the termination within three days there of and (b) that the Client or any subsidiary or associated company of the Client shall not engage the applicant within twelve months from the date of termination of the engagement, then the Client shall receive a rebate calculated in accordance with the scale set out in Appendix B.
- Any sick days and/or public holidays taken by the Applicant within the timescale of rebates applicable, will be included within the total number of days an Applicant has been employed by the Client through the Agent.
- All invoices rendered by the Agent to the Client under this agreement shall be paid within 28 days from the invoice date. The agreed fees are exclusive of VAT, which the Client shall pay in addition as stated on the invoice.
- Where the Client does not inform us they have employed an applicant presented by the Agent, all discounts and rebates will be void.
- Where the Client pays later than 14 days outside the agreed payment terms contained in this contract, all discounts and rebates will be void.
- All data, particularly personal data relating to the applicants, is governed by the principles of the General Data Protection Regulation (“GDPR”). See Appendix C.
Appendix A: Scale of fees
Our fee for placing permanent staff is a percentage of the annual income package including salary and any guaranteed commission plus VAT.
It has been agreed that the current percentage of fees will be charged at 15%.
All fee payments are to be made within 28 days of the invoice date which is taken as the first day of employment by an applicant at the Client.
Appendix B: Scale of Rebates
|Number of Days candidate has been employed||Rebate Applicable %|
|1 – 28 Days||100|
|29 – 56 Days||66|
|57 – 84 Days||33|
|84 + Days||0|
Appendix C: GDPR
- TSR Select owns and controls the data (including personal data) of the applicants that are put forward to your business for consideration. This data is held on our Systems; and
- TSR Select is both data controller and data processor in relation to personal data of the candidates and is responsible for ensuring compliance with the Privacy and Data Protection Requirements.
- In the course of performing the contract for Services, you may incidentally act as data processor of this data. We shall remain data controller of that data.
- Where You are a data processor, You and We shall comply with our respective obligations set out in the Data Protection Schedule.
- By signing these Terms and conditions You acknowledge and accept your responsibilities with regard to the GDPR and all other Data Protection regulations.
- Our GDPR compliant Privacy notice is available on our website at: http://www.tsrselect.co.uk/privacy-policy/