1.0

General

1.1  

The following terms and conditions ("the Terms") constitute the entire contract between SkillVault Limited or any subsidiary or associated company ("SKILLVAULT") and any person, organisation or company ("the Client") who employs (such word to include "engages" throughout these terms) an applicant introduced by SKILLVAULT, on either a temporary/contract or permanent basis.

1.2

These terms and conditions herein set out are to be incorporated or implied in any agreement between SKILLVAULT and the Client. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless expressly otherwise agreed by SKILLVAULT in writing.

1.3

The arrangement of an interview of an applicant introduced by SKILLVAULT, whether effected by SKILLVAULT or directly by the Client, shall be deemed to be acceptance of and agreement to these terms and conditions by the Client except where SKILLVAULT is retained by the Client for a specific assignment. Our fees will be charged whether or not the Client knew of the applicant previously

2.0 

Services

2.1

The service supplied by SKILLVAULT for an introduction is given by the transmission of C.V's and/or arrangement of an interview by SKILLVAULT for the client. No money is payable in advance and payment becomes due on the hiring by a client of an applicant subsequent to an introduction.

2.2

A search assignment for a client requires SKILLVAULT's appraisal of the clients needs and money due on retainer from the client at the start of the Assignment. Further monies will be due on the presentation of a shortlist to the client and finally on the successful employment of an applicant.

3.0

Fees

3.1

Charging differs between the fees for an introduction to the client and for a search assignment of an applicant for a client.

3.1.1

The Company's fee for the introduction to the Client of an applicant who is subsequently employed by the Client shall be 20% of the applicant's first year's guaranteed earnings unless otherwise confirmed by an authorized officer of the Company to the Client in writing. The Company's fee for an applicant whose first year's basic salary earnings are £85,000 or more shall be 30%. The provision of a motor car will be valued at £4,000, the taxable benefit or car allowance, whichever is higher.

3.2.1

The Company's fee for search assignments of an applicant for the Client will be 35% of the first year's guaranteed earnings. This payment will be broken up into three stages, namely:

1.     12% upon commencement of assignment;

2.     12% on presentation of a short list of applicants;
3.     11% upon the successful candidate's acceptance of the Client's offer of  
        employment.

3.2

Any agreed advertising for a Client by SKILLVAULT will be charged at cost. Invoices for items such as advertising and expenses will be issued as costs are incurred and are payable on receipt. 

3.3

Temporary / Contract appointments will be charged at candidate daily rate plus 25%. SKILLVAULT will issue a separate set of terms for contract engagements upon commencement. A copy is available for review upon request.

3.4

In instances where a Temporary / Contract appointment becomes a permanent appointment, or if a Temporary / Contract appointment expires and is re-engaged as a permanent appointment or fixed term contract within one year, an additional full recruitment fee becomes payable in addition to any monies already paid to SKILLVAULT in respect of the Temporary / Contract appointment. This additional fee is calculated as in clause 3.1.1. The fee becomes payable within 14 days of notification. Clause 8. of these terms will not apply to Temporary / Contract appointments turning permanent.

4.0

Confidentiality

The introduction of an applicant to the Client is confidential between the two parties and as such should any applicant be introduced by the Client to a third party resulting in an engagement by that third party then the Client to whom the original introduction was made will be liable to pay all SKILLVAULT's fees as if they had engaged the candidate themselves.

5.0

Payment

5.1

The company's invoice will be submitted upon acceptance of employment by the applicant and is payable in full within 14 days of the applicant commencing employment. There is a minimum fee of £3,000, before vat., irrespective of the said remuneration.

5.2

All advertising placed on behalf of the Client will be invoiced separately and, as such invoices must be settled within seven days of the date of the invoice irrespective of the date of insertion of the advertisement. Advertisement invoices not settled in full within seven days will attract interest at the rate of 2.5% per month above the base rate of NatWest Bank from the date of invoice to the date of payment.

6.0

Candidate's Suitability

6.1

SKILLVAULT shall endeavour to ensure the suitability of an applicant and to maintain a high standard of service and integrity, but makes no warranty, expressed or implied, as to such suitability.

6.2

SKILLVAULT shall not be liable to the Client for any loss, liability, damages, costs, claims or expense suffered or incurred by the Client arising from or connected with the recruitment or engagement of any applicant howsoever arising.

6.3

The Client shall be responsible for verifying the candidate's references before an offer of employment is made and to satisfy themselves as to the candidate's qualifications, work record, medical health and general integrity.

6.4

The Client shall be responsible for obtaining work and/or other permits for the applicant and shall satisfy himself as to the suitability of any applicant prior to any engagement.

7.0

Related Employment

7.1

If an applicant is employed by the Client within twelve months of the date upon which SKILLVAULT introduced the applicant to the Client a fee in accordance with clause 3.1.1 will be payable.

7.2

If an applicant introduced by SKILLVAULT is employed by an associated company or organisation of the Client or anyone to whom details of the applicant have been passed by the Client, within a period of twelve months of the introduction by SKILLVAULT the fees set out in clause 3.1.1 hereof shall be payable by the Client and shall, for the purposes of these Terms be deemed to have employed the applicant.

7.3

Clause 7.1 and 7.2 shall apply even if the applicant has been brought to the attention of the client by other means during the intervening period from the introduction by SKILLVAULT, e.g direct internet applications, trade fairs etc.

8.0

Guarantee

8.1

If an applicant introduced by SKILLVAULT leaves the Client's employment at his/her own accord within eight weeks of commencement of employment, SKILLVAULT, will ( if the necessary conditions in clause 8.2 have been met) within a period of three calendar months of such applicant's departure, use its reasonable endeavours to find another suitable applicant at no additional fee (other than the cost of any advertising).If SKILLVAULT is unable to find another suitable applicant within the three calendar month period then SKILLVAULT will further make a refund to the client, as follows:
    
FULL WEEKS WORKED         REFUND RATE  
up to 1                                     90.0%  
2                                             80.0%  
3                                             70.0%  
4                                             60.0%  
5                                             50.0%  
6                                             30.0%  
7                                             20.0%  
8                                             10.0%  
over 8                                      NIL  

8.2

The search for a suitable replacement and/or the refund, as per clause 8.1, will be made providing that the following conditions have been met:

3.   The termination is not due to redundancy.

9.0

Jurisdiction

These terms and conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Court. Executed as an agreement between the parties and signed by a duly authorized representative of the Client.