Nero Partners Ltd
This agreement is made between Nero Partners Ltd (from here on referred to as the 'Company'), acting as an employment agency, and the Client. The Client is defined as the company, organisation or legal person utilising the Company's services. The Candidate is defined as the person introduced by the Company to the Client as the job applicant.
This agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
To enable the Company to introduce suitable candidates, the Client must provide the Company with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.
An introduction of a Candidate shall be deemed to take place when the Company provides the Client with any information (whether in writing or otherwise) which identifies a Candidate. If the Client believes that it has previously been introduced to a Candidate by another party or had prior contact with the Candidate, the Client must notify the Company within 48 hours of the introduction, providing documentary evidence of the prior contact. Failure to notify the Company within this timeframe shall result in the introduction being deemed valid and the Company's fee becoming payable.
If an appointment of a Candidate is made by the Client (or any subsidiary, parent company, associate business, or business to which the Client introduces the Candidate) within 12 months of an introduction or any subsequent reintroduction taking place, the Company's fee as set out in Clause 8 below becomes payable by the Client. An appointment is deemed to take place upon the Candidate being employed or engaged (whether on a permanent, temporary or contract basis and whether directly or indirectly), and irrespective of whether the appointment is conditional upon the passing of a probationary period.
The Company's fee shall be payable where the Candidate is engaged in any capacity, including but not limited to employment, consultancy, contract work, freelance work, or via a third-party provider.
The Client shall provide the Company with full written details of the appointment and a copy of any job offer made by the Client to the Candidate.
The Company's fees are as follows: 25% of the Candidate's starting salary.
(Including guaranteed bonus payments, the financial value of the possibility to use a company car for private purposes, employer's contributions to a company pension scheme and travel allowance.)
The Company shall invoice the Client on the Candidate's start date. All invoices are due and payable within 7 calendar days of the invoice date.
If payment is not received within this period, the Company reserves the right to charge:
The Company reserves the right to suspend all recruitment services and candidate introductions until outstanding invoices are settled in full.
If the Candidate's appointment is terminated within 12 weeks of the commencement of his/her employment with the Client, a rebate will be paid by the Company to the Client at the following rate:
Any rebate that is owed will be paid by the Company to the Client within the same timeframe that is specified in Clause 7, from the date where the Client notifies the Company of the Candidate's appointment being terminated.
In the instance where an invoice is not paid within the timeframe specified in Clause 7, then Clause 10 shall be null and void so no rebate will be owed.
The Client agrees not to take any action designed to avoid the Company's fee, including engaging the Candidate through another entity, intermediary, contractor arrangement, or delaying the start date beyond the introduction period.
Should such action occur, the Company's fee shall remain payable in full.
Save where the Conduct of Employment Agencies and Employment Business Regulations 2003 provide otherwise, the Company does not personally obtain references relating to a Candidate. The Client is responsible for ensuring the suitability and capability of a Candidate and for taking references to verify skills, qualifications, character, and experience, for seeing that the legal and medical requirements relating to a Candidate have been met and for obtaining any work permit.
The Company shall not be liable to the Client in contract, tort, negligence or otherwise for any loss or damage of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any indirect or consequential loss howsoever arising out of or in connection with the agreement.
Each party agrees, that in relation to the agreement it shall comply with its obligations under the Bribery Act 2010.
All business conducted by Nero Partners Ltd on behalf of the Client shall be subject to the terms and conditions of the agreement, which the Client is deemed to accept upon introduction taking place or by subsequently requesting to interview any candidate introduced by the Company.
The agreement constitutes the entire agreement between the parties and supersedes any previous representations or agreements whether recorded in writing or otherwise and applied to the exclusion of any other terms the Client seeks to impose. The agreement may only be varied in writing by authorised representatives from both parties.