6.1.1 The Standard recruitment campaign fee defined in Clause 6.4 is the Company’s standard introduction fee and will not alter unless requested by the Client and subsequently agreed in writing by the Company; before any introduction is made.

6.1.2 To pay Standard recruitment campaign fee defined in Clause 6.4 for each separate engagement unless written agreement is obtained from the Company to receive introductions and make engagements for an assignment, position level, or time priced in accordance with; Business recruitment campaign defined in Clause 6.3; or Discount defined in Clause 8.

6.1.3 To notify the Company by 12 midnight on the following business day of any offer of Employment or engagement which it makes to the Candidate;

6.1.4 To notify the Company by 12 midnight on the following business day that its offer of Employment or engagement to the Candidate has been accepted and to provide details of the Remuneration as defined in clause 1; and

6.1.5 To pay the Company’s fee immediately, within 7 days for fees described in Clause 6.3, or within 14 days from the date of the invoice under all other circumstances.

6.2 A fee is incurred by the Client when the Candidate commences the engagement which shall include induction, trial and/or probation, and the Company will render an invoice to the Client for its fees.

6.3 BUSINESS Recruitment Campaign

The fee payable to the Company by the Client for the introduction of a candidate through a Business recruitment campaign is 12.5% of the annual remuneration which the Candidate is offered and which the Candidate accepts in consideration of his engagement by the client determined at the date of the offer of engagement. Additionally, VAT at the current rate will be charged. Business fees do not qualify for rebate, and they are due within 14 days of invoice.

6.4 STANDARD Recruitment Campaign

The fee payable to the Company by the Client for the introduction of a candidate through a Standard recruitment campaign is calculated as 17.5% of the annual remuneration which the Candidate is offered and which the Candidate accepts in consideration of his engagement by the client determined at the date of the offer of engagement. Additionally, VAT at the current rate will be charged.

6.5 The client shall within 7 days of notifying the company of acceptance of engagement and remuneration offered provide an email address for the delivery of invoices. The company will on the working day of commencement of the engagement or the working day upon which the company is told of the engagement (if later) deliver its invoice to the email address provided by the Client, which is the agreed means of delivery. If no email address is provided an alternative will be selected from those publicly available.

6.6 In the event that the Engagement is for a fixed term of 12 months or more, the fee payable to the Company by the Client for the Introduction of a Candidate is based upon the gross remuneration which the Candidate is entitled to earn during the first 12 months of his Engagement by the Client. Additionally, VAT at the current rate will be charged.

6.7 In the event that the Engagement is for a fixed term of less than 12 months, the fee in Clause 6.4 will apply pro-rata. If the Engagement is extended beyond the initial term or if the Client re-engages the Candidate within 6 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 and any subsequent engagements or the first anniversary of its commencement, whichever is the sooner. If the Client subsequently engages or re-engages the Candidate within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with Clause 6.4 becomes payable.

7. REBATE

7.1 In order to qualify for the following rebate, the Client must pay the Company’s fees as set out in Clause 6.4 for a Standard recruitment campaign within 14 days of the date of invoice and must notify the Company in writing of the termination of the Engagement within 7 days of its termination. Clients accepting Business Recruitment Campaign fees or discounted fees do not qualify for rebate;

7.2 If the Engagement terminates before the expiry of 12 weeks (except where the Candidate is made redundant, a discount is given, or payment is not received within 14 days or otherwise agreed period) the fee will be rebated in accordance with the following rebate:

Rebate Scale

Period of Employment = % of Credit

Up to 4 Weeks = 75 % of Credit

Not exceeding 8 Weeks = 50 % of Credit

Not exceeding 12 Weeks = 25 % of Credit

7.3 In circumstances where clause 6.7 applies the full fee stated in clause 6.4 is payable and there shall be no entitlement to a refund.

8. DISCOUNTS

8.1 Discounts must be agreed by the Company in writing or email.

8.2 In the case where the Standard recruitment campaign fee has been discounted or reduced in any way invoices must be paid within 14 days unless otherwise agreed in writing. Payments received outside of 14 days no longer qualify for the agreed discount and are subject to the original 17.5% fee as set out in Clause 6.4 for a Standard recruitment campaign.

8.3 In the case where the Business recruitment campaign fee has been discounted or reduced in any way invoices must be paid within 14 days unless otherwise agreed in writing. Payments received outside of 14 days no longer qualify for the agreed discount and are subject to the original 17.5% fee as set out in Clause 6.4 for a Standard recruitment campaign.

8.4 Should there be any breach of these Terms of business by the Client then any prior agreement by the company to provide a discounted fee will be revoked and the Client will be liable for the full fee as provided for by Clause 6.4.

9. INTRODUCTIONS

9.1 Introductions of Candidates are confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of the Company’s fee as set out in Clause 6.4 without entitlement to any refund.

9.2 Except in circumstances where a candidate has been introduced and subsequently engaged by the Client under Clause 6.3 an introduction fee, calculated in accordance with Clause 6.4 will be charged in relation to any Candidate engaged as a consequence of, or resulting from an introduction by or through the Company, whether direct or indirect, within 12 months from the date of the Company’s introduction.

9.3 Whereby an introduction was made when the Company was instructed by the Client under Clause 6.3, 6.4, or 8, then the introduction fee will be calculated in accordance with the service or recruitment campaign the Company accepted instruction for from the Client.

9.4 For engagements resulting from introduction where the amount of the actual Remuneration is not known the Company will charge a fee calculated on the median level of remuneration applicable for the position in which the Candidate has been engaged, considering any information supplied to the Company by the Client and the market rate for comparable positions.

9.5 In the event that any employee of the Company with whom the Client has had personal dealings accepts an Engagement with the Client within 3 months of leaving the Company’s employment, the Client shall be liable to pay an introduction fee to the Company in accordance with Clause 6.4.

CONCERNING THE SUPPLY OF TEMPORARY STAFF SERVICES

10. NOTIFICATION AND FEES

10.1 The Client agrees to pay the Company’s hourly charges as notified at the commencement of the Assignment and as may be varied from time to time during the Assignment. The charges are comprised mainly of the Candidate’s remuneration (including, if applicable, Holiday Pay under the Working Time Regulations 1998) but also include the Company’s fees, any statutory contributions applicable and travel, accommodation or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT is payable on the entirety of these charges. Charges are payable within 14 days from the date of a monthly submitted invoice, or within 30 days from the date of a weekly submitted invoice;

10.2 The Company remunerates Candidates by reference to the time sheets completed by the Candidate. Accordingly, each and every time sheet verified by an employee, officer or representative of the Client shall be conclusive evidence of the number of hours worked by the Candidate and shall be conclusive evidence of the Client’s satisfaction with the services rendered by the Candidate.

10.3 For the avoidance of doubt, Candidates will not be employees of the Client or the Company and the Client should not treat them like employees.

11. INTRODUCTION FEES

11.1 This clause applies to the direct Engagement by the Client of a Candidate introduced by the Company, the Introduction by the Client of a Candidate to any third party resulting in the Engagement of the Candidate by that third party, and to the Candidate being supplied to the Client via another employment business in accordance with Regulation 10 of the EAA Regs.

11.2 In the circumstances described in clause 11.1 above, the Client may at its election either pay the Company an introduction fee in accordance with clause 11.3 below or commit to engage the Candidate as such for a further period in accordance with clause 11.4 below, except where the Candidate is an Opted-Out Limited Company Contractor. Where following written notice by the Company the Client fails to make such election within 7 days following service of the said notice, the right of such election shall pass irrevocably to the Company who may elect by written notice.

11.3. The introduction fee will be calculated in accordance with the fee for a Brilliant Boost campaign permanent engagement in accordance with 6.4 above. Where the Client fails to inform the Company of the remuneration, the introduction fee will be calculated by multiplying the last known hourly charge rate of the Company for the Candidate’s services by 400. No rebate of the introduction fee will be paid in the event of subsequent termination of the engagement. VAT is payable in addition to any fee due.

11.4 Alternatively, the Client may continue to use the services of the Candidate through the Company on these Terms for the period of 2 years.

12. SUITABILITY OF THE CANDIDATE AND LIABILITY OF THE COMPANY

12.1 Whilst every reasonable effort is made by the Company to ensure Candidates have the appropriate standards of skill, integrity and reliability, the Company is not liable for any loss, expense, damage, delay or disruption arising from the provision of a Candidate, the failure to provide or replace any Candidate for all or part of the Assignment, the negligence, dishonesty, misrepresentation, misconduct or lack of skill of the Candidate in the course of the Assignment. Nothing in this clause 12.1 shall exclude the Company’s liability for death or personal injury arising from its own negligence.

12.2 Candidates are engaged by the Company under contracts for services and are not employees of the Company. With the exception of Limited Company Contractors, they are under the reasonable supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment and any subsequent contract extensions. The Client agrees to be responsible for all direction, supervision, acts, errors or omissions of the Candidate/temporary worker, whether wilful or negligent.

12.3 The Client will comply in all respects with the Health and Safety at Work Act 1974, the Working Time Regulations, the Data Protection Act 1998 and all other by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its own staff. Where the Candidate is supplied through or incorporated under a limited company, the Candidate will decide how best to perform the Assignment and will be responsible for all acts, errors or omissions during and after the assignment. The client is responsible for arranging Employers and Public Liability for the temporary worker.

13. INTEREST FOR LATE AND NON-PAYMENT

13.1 The company reserves the right to charge interest and compensation on invoiced amounts unpaid for more than 7 days pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until the date of payment.

14. COMPLAINTS

14.1 Complaints should in first instance be addressed to the employee. If a complaint cannot be settled with the employee the Client should contact Matthew Keene of 28 Landport Terrace, Portsmouth, Hampshire, PO1 2RG. Email: mk@mkre.co.uk

14.2 Contracts (Rights of Third Parties) Act 1999: The Contracts (Rights of Third parties) Act does not apply to these terms.