Terms & Conditions

1. All and any business undertaken by Intrinsic Resource. (the “Consultancy”) is transacted subject to the Terms and Conditions hereinafter set out, each of which shall be incorporated or implied in any agreement between the Consultancy and its Clients. In the event of conflict between these Terms and Conditions and any other Terms and Conditions, the former shall prevail unless expressly agreed to the contrary by the Consultancy in writing.
2. The arrangement of an interview of a candidate (the “Candidate”) introduced by the Consultancy, whether effected by the Consultancy or directly by the Client, shall be deemed to be acceptance of an agreement to these Terms and Conditions by the Client except that where the Consultancy is engaged by the Client for a retained assignment, these terms and conditions shall apply upon the acceptance by the Consultancy of the retained assignment.
3. Fees: On a Database Search, a fee (the “Introduction Fee”) shall become payable by the Client on the day the Candidate commences employment with the Client (which term includes employment or use whether under a contract of service or for services). On a Retained Search Assignment, Retained Search and Selection Assignment or a Retained Selection Assignment (collectively an “Assignment”), fees will be payable as follows: a retainer fee immediately upon commencement of the assignment (the “Retainer Fee”) and not refundable under any circumstances, a shortlist fee, non-refundable, payable upon the Shortlist presentation to the Client of candidates who in the reasonable opinion of the Consultancy meet the agreed specification (the “Shortlist Fee”), a placement fee payable on the day a Candidate commences employment with the Client (the “Placement Fee”). All fees shall be calculated in accordance with the Consultancy’s scale of fees plus VAT as outlined in this document.
4. If any Candidate is rejected by the Client, or the Candidate rejects an offer of engagement, then, if the Candidate is subsequently engaged by the Client within twelve months of the date on which the Client first receives that Candidate’s CV (“Initial Introduction Date”), the Client shall pay the Introduction Fee to the Consultancy in accordance with Condition 3 above.
5. A Candidate’s CV is provided in strict confidence to the Client only for its information on the basis that the contents are not disclosed to any other person without the Consultancy’s written consent and in particular that the Client does not approach the Candidate’s current employer until the Client has made a written offer of engagement to the Candidate and has received a written acceptance of that offer from the Candidate.
6. If the Client introduces a Candidate to another person, firm or corporation resulting in the engagement of the Candidate by the person, firm or corporation, within twelve months of the Initial Introduction Date, the Client shall pay an Introduction Fee in accordance with Condition 3 above.
7. If an Assignment is cancelled by the Client, or the Client for any other reason alters materially (at the discretion of the Consultancy) its requirements submitted to the Consultancy, then, in addition to the fees already paid, or due and payable by the Client under invoices already issued, the Client shall pay an additional fee equivalent to the Placement Fee, plus all the agreed advertising costs and other expenses incurred by the Consultancy.
8. When an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after an acceptance by the Candidate through no fault of the Candidate, the Client shall pay the Placement Fee in accordance with Condition 3 above.
9. When a Client engages an additional Candidate(s) submitted within a shortlist on a Database Search or an Assignment, an Introduction Fee is payable in accordance with Condition 3 above.
10. The Consultancy is able to provide an advertising service to the Client, for which the charges incurred by the Consultancy are payable by the Client. Cancellation of an advertisement will only be accepted by the Consultancy provided that the Client gives sufficient notice to the Client gives sufficient notice to the Consultancy to enable the Consultancy to cancel the advertisement before going to press. Advertising accounts shall be paid directly by the Client to the Advertising agency.
11. The Consultancy shall reimburse a Candidate attending an interview on behalf of the Client with travelling and out of pocket expenses. Such costs shall be paid by the Client. In addition, normal expenses incurred by the Consultancy in relation to a Database Search or an Assignment shall be paid by the Client. Normal expenses include communication costs, fax charges, photocopying, couriers, postage, report preparation, Consultant’s local travel and subsistence, and necessary hospitality. Extra expenses, such as international travel and research work outside the primary area of search, are billed in addition to the quoted amount, as incurred. Any exceptional item that may arise will be discussed in advance and the Consultancy will use its best endeavours to contain overall expenses to a practicable minimum.
12. In the event that any Candidate, or the Client, terminates the engagement within 26 weeks of the specified date upon which such Candidate commenced employment with the Client, and provided:
    
    • that the Client notifies the Consultancy in writing of the termination of engagement within seven days thereof; and
    • that the Client or any subsidiary or associated company of the Client shall not engage the Candidate within 12 months from the date of the termination of the engagement; and
    • that the termination is not due to redundancy; and
    • that all monies due from the Client have been paid in accordance with these terms and conditions,
    
    then the Consultancy shall seek a replacement at no extra cost to the Client except for additional advertising costs (which costs shall be agreed prior to advertising) and expenses. If the Consultancy is unable to find a replacement within 16 weeks of receiving written notice of termination, the Client shall receive a credit against the fee payable under Condition 3 above, which shall be calculated as a proportion of the Placement or Introduction Fee as follows: up to 26 weeks service - Pro Rata refund on each uncompleted week in the 26 week period.
13. The Client shall be responsible for taking up any references (including the confirmation of any professional or academic qualification) and shall satisfy itself as to the suitability of any Candidate prior to the engagement of the Candidate by the Client. The Client shall be responsible for arranging any medical examinations and investigations of the Candidate and shall be responsible for obtaining any work and other permits.
14. The Consultancy shall endeavour to ensure the suitability of any Candidate introduced to the Client and to maintain a high standard of service and integrity, but the Consultancy makes no warranty, express or implied as to the suitability of any Candidate introduced to the Client.
15. The Consultancy shall not be liable to the Client for any loss, liability, damage, costs, claims or expenses suffered or incurred by the Client arising from, or connected with, the recruitment or engagement of any Candidate by the Client, howsoever arising.
16. Subject to Condition 10 above, all monies due hereunder shall be paid by the Client within 14 days of the date of the invoice. Interest will be payable on overdue sums at the rate from time to time applicable to judgment debts in the High Court
17. Any circumstances eligibly giving cause for complaint about a Candidate or an invoice must be notified to the Consultancy and confirmed in writing as soon as the cause of the alleged complaint arises.
18. 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 courts.

Version 1.0
Effective from: 01/01/2001

Intrinsic Resource - Terms & Conditions (continued)

Unless otherwise agreed in writing by the Consultancy, all fees are expressed as a percentage of the first year’s gross annual salary package including bonuses, profit share and any other identifiable financial benefits.

Where applicable VAT or equivalent will be charged at the appropriate rate.

Details of the Fee Structure, given above, should be read in conjunction with, and construed in accordance with, the Intrinsic Resource Terms and Conditions, version 1.0, dated 01/03/2001, of which these form a part.

Tel: +44 (0) 7879691451 | intrinsic@sky.com

• Intrinsic Resource Limited 2010
• Terms & Conditions
• Sitemap
• Privacy
• Links