1. Definition
In these Terms of Business unless the context otherwise requires:
B-P means Business Paradigm Ltd.
(Registered in England No. 4201920);
Client means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the applicant is introduced;
Applicant means the person introduced by B-P to the Clients for an Engagement including any members of B-P's own staff;
Engagement means the engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or any other engagement;
Introduction means: the Client's interview of an Applicant in person or by telephone, following the Client's instruction to the company to search for an Applicant; or the passing to the Client of a curriculum vitae or other information which identifies the Applicant and which leads to an Engagement of that Applicant by the Client.
2. Fee
2.1 The fee payable to B-P by the Client for an Introduction resulting in an Engagement is 25% of first year salary (including the gross base salary, guaranteed commission and guaranteed bonuses).
2.2 The Client agrees to pay the B-P's fee within 30 days of the date of invoice.
2.3 No fee is incurred by the Client until the Applicant commences the Engagement when B-P will render an invoice to the Clients for its fee.
3. Refund
3.1 If any B-P Applicant for whatever reason leaves the Client within three months of the start of the Engagement, this must be notified to B-P on Client headed notepaper by fax or by post and be signed by an authorized signatory.
3.2 In order to qualify for the following refund, the Client must pay the B-P's fee within 30 days of the invoice.
3.3 In such cases, B-P shall, the following percentages of the fee paid to B-P pursuant to section 2 of this Agreement:
Departure within two week 100%
Departure after the first two week but within one month 60%
Departure after the first month but within two months 40%
Departure after three months 0%
4. Confidentiality
4.1 Client shall not disclose the details of any Applicant to any third party during application process without the permission of both the applicant and B-P.
4.2 The disclosure by the Client to a third party of any details regarding an Applicant introduced by B-P which results in an Engagement with that third party of the Introduction renders the Client payable to payment of the B-P's fee as set out in clause 2.1 with no entitle to any refund.
5. Liability
5.1 B-P will endeavor to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the Applicant and/or B-P before engaging such Applicant. The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of an Applicant, and satisfying any medical and other requirements or qualifications required bylaw of the country in which the Applicant is engaged to work.
5.2 B-P shall not be liable under any circumstances for any loss, expense, damage,delay, costs or compensation which may be suffered or incurred by the Client arising from or in any way connected with B-P seeking an Applicant for the Client or from the introduction to or Engagement of any Applicant by the Client or from failure of the B-P to introduce any applicant.
5. Law
These terms shall be governed by and construed in accordance with English law.The parties hereby submit to the exclusive jurisdiction of the English courts in respect of any disputes arising in relation to or under this Agreement. |