Your Ace Personnel Ltd
Terms Of Business
1.1. In these Terms of Business, the following definitions apply:
“Applicant” means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff,
“Client” means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
“Agency” means Your Ace Personnel Ltd Company registration number 09499580
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third part on a permanent or temporary basis, whether under a contract or service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee
“Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to which identifies the Applicant; and which leads to an Engagement of that Applicant;
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
1.2. Unless the context requires otherwise, references to the singular include the plural.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by an introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.2. These terms contain the entire agreement between the parties unless otherwise agreed in writing by a director of the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client is set out in writing and a copy of the varied
3. NOTIFICATIONS AND FEES
3.1. The Client agrees:
a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
c) To pay the Agency’s fee within 30 days of the date of invoice. If a rebate if offered then the invoice must be paid in the 30 days to apply.
3.2. Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees.
3.3. The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 28 days in accordance with ‘The Late Payment of Commercial Debt (Interest) Act 1998’
3.4. The fee payable to the Agency by the Client for an introduction resulting in an Engagement is a % of the salary as detailed in clause 3.7 VAT will be charged on the fee if applicable.
3.5. In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.7 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 12 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.
3.6. If the Client subsequently engages or re-engages the Applicant within the period of 12 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full % fee is due as in clause 3.7.
3.7 YOUR ACE PERSONNEL LTD fee % (exclusive of VAT)
Minimum for a flat rate fee is £1000
Up to £14,999.99 fee 12.5%
£15,000 – 19,999 fee 15%
£20,000 – 30,000.00 fee 18%
£30,000 – 40,000.00 fee 20%
£40,000 + fee 23%
3.8 GUARANTEE/REFUND STRUCTURE
To receive any rebate, the client must have paid the invoice within the rebate period to apply.
You must inform the consultant in writing and before the end of the agreed rebate period.
A free replacement may also be agreeable and must be confirmed which rebate/free replacement in email prior to Your Ace Personnel starting to recruit.
Scale of Refund
Week 1 in is the first week they commence regardless of the day 100%
Up to 2 weeks worked 80% of fee paid
Up to 3 weeks Worked 60% of fee paid
Up to 4 weeks worked 40% of fee paid
Up to 5 weeks worked 25% of fee paid
Up to 6 weeks worked 15% of fee paid
Up to 7 weeks worked 8% of fee paid
Up to 8 weeks worked 5% of fee paid
Driving & Logistics fees (standard)
All permanent fees are as above.
3.9 EXCLUSIVITY – the client will confirm in writing that for 2 weeks from confirmation of vacancy offered to agency for recruitment purposes, total exclusivity through to interview stage.
3.10 PREFERRED SUPPLIER AGREEMENT – The client may have a preferred supplier list and when the agency is assigned to the preferred supplier list and is confirmed in writing to the agency along with the timescales for the agreement minimum 12 months the fees per permanent will be negotiated with Head Office at Your Ace Personnel Ltd and to be stated in a separate supplier agreement may be rewritten between the client and the agency at the discretion of both client and the agency.
3.11 SOLE SUPPLIER AGREEMENT – The client may have a sole supplier agreement with the agency as the sole supplier the timescales are a minimum of 12 months for the agreement the fees per permanent placement will be negotiated with head office at Your Ace Personnel Ltd.
A separate supplier agreement will be written between the client and the agency at the discretion of both client and the agency.
4.1. The following scale of refund only applies if the Client complies with the provisions of clause 3.1 – 3.8 of these Terms of Business.
4.2. In these Terms of Business, a Refund means a sum to be refunded by the Agency to the Client in certain circumstances against a particular invoice at the times and rates described.
4.3. It is a condition precedent to any Refund being paid by the Agency that the invoice against which a Refund is or will be sought, is paid to the Agency’s Factor within the credit terms shown on the invoice; irrespective of any surrounding circumstances.
4.4. Irrespective to any proven or claimed right to a Refund, all invoices must be paid within their credit terms to the Agency’s factor and there is no right to set off any proven or claimed right to a Refund.
5. CANCELLATION FEE
5.1. If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, The Client shall be liable to pay the Agency a minimum fee of 50% of the Remuneration.
6.1. Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 12 months of the introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.7 with no entitlement to any refund.
6.2. An introduction fee calculated in accordance with clause 3.7 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 12 months from the date of the agency’s introduction.
6.3. In the event that any employee of the Agency with whom the Client has had personal dealings accepts an Engagement with the Client within (12) months of leaving the Agency’s employment, the Client shall be liable to pay an introduction fee to the Agency in accordance with clause. 3.7)
7. SUITABILITY AND REFERENCES
7.1 The agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body, and that the Applicant is willing to work in the position which the Client seeks to fill.
7.2. The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
7.3. The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the applicant for the Applicant to work in the position which the Client seeks to fill.
7.4. Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigation into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
7.5. To enable the Agency to comply with its obligations under clauses 7.1, 7.2, 7.3 and above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any
professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
8. SPECIAL SITUATIONS
8.1 Where the Applicant is required by law or any professional body to have qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmly or who is otherwise in need of care or attention, it is not the responsibility of the Agency to provide copies of any relevant qualifications or authorisations of the Applicant. The sole responsibility for obtaining references is with the client unless the client has requested in writing the former references to the Agency.
9.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the agency to introduce any Applicant. For the avoidance of any doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
10. Credit checks
Your Ace Personnel will be required to perform credit check against companies before all recruitment commences,
11.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the courts of England & Wales.