1.
DEFINITIONS
In these Terms of Business
the following definitions apply:
'Applicant' means the person introduced by the Company
to the Client for an Engagement including any members
of the Company'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 whom the Applicant is introduced;
'Company' means The Jones Consultancy, PO BOX 5648 St. Georges Terrace PERTH WA 6000.
'Engagement' means the engagement, employment or use
of the Applicant by the Client on a permanent or temporary
basis, whether under a contract of service or for services;
under an agency, licensee, franchise or partnership
agreement; or any other engagement:
'Introduction' means the Client's interview of an Applicant
in person or by telephone, following the Clients instruction
to the Company to search for an Applicant; or the passing
to the Client of a curriculum vitae or other information
which identifies the Applicant and which leads to an
Engagement of that Applicant by the Client;
'Remuneration' may include base salary, guaranteed and/or
anticipated bonus and commission earnings, allowances,
inducement payments, the benefit of a company car (currently
calculated at 4,000 per annum benefit) 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.
1.1
References to the singular include the plural and references
to the masculine include the feminine and vice versa
where the context requires it.
1.2
The headings contained in these Terms are for convenience
only and do not affect their interpretation.
2.
THE CONTRACT
2.1 These Terms
of Business are deemed to be accepted by the Client
by virtue of an Introduction to, or the Engagement of
an Applicant.
2.2 Unless
otherwise agreed in writing by the Company, these Terms
of Business shall prevail over any other terms of business
or purchase conditions put forward by the Client.
2.3 No variation
or alteration of these Terms of Business shall be valid
unless approved in writing by the Company.
3.
NOTIFICATION AND FEES
3.1 The Client
agrees:
a) to notify
the Company immediately of any offer of an Engagement
which it makes to the Applicant;
b) to notify
the Company immediately that its offer of an Engagement
to the Applicant has been accepted and to provide details
of the Remuneration to the Company; and
c) to pay the
Company's fee within 14 days of the date of invoice.
3.2 No fee
is incurred by the Client until the Applicant accepts
the offer of the Engagement. The Company will render
an invoice to the Client for its fees when the applicant
commences the engagement.
3.3 The Company
reserves the right to charge interest on invoiced amounts
unpaid for more than 14 days at the rate of 5%
for each period of 30 days of delayed payment.
3.4 The fee
payable to the Company by the Client for an Introduction
resulting in an Engagement is calculated in accordance
with the accompanying Scale of Fees on the Remuneration
applicable during the first 12 months of the Engagement.
3.5 In the
event that the Engagement is for a fixed term of less
than 12 months, the fee in clause 3.4 will be pro-rated.
If the Engagement is extended beyond the initial fixed
term or if the Client re-engages the Applicant within
3 months of the 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 No VAT will be added to invoices.
SCALE
OF FEES
Executive Search
– 30% First Year Salary
Retained advertised assignment – 25% First Year Salary
Candidate Introduction – 20% First Year Salary
A retainer of 25% of the expected final fee is payable on confirmed award of any assignment. Adjustments will be made on completion of the assignment in line with agreed salary and package.
If an assignment is terminated or cancelled by the client before we have had the chance to present our shortlist of candidates our fee will be recalculated to reflect work undertaken to date. If the client terminates or cancels the assignment after the presentation of the shortlist the full fee is payable.
SCALE
OF REBATE
Guarantees
Stage 1 Fees. The Retainer Fee is refundable only in the event of an assignment cancellation. Any refund will take into account a deduction for the amount of research and pre-short listing work undertaken up to the time of the cancellation.
Stage 2 Fees. Should an applicant having taken-up employment subsequently leave and The Jones Consultancy does not find a suitable replacement within 3 months the following credit will apply:-
Up to two weeks - 80% of fee, up to four weeks - 40% of fee, up to twelve weeks - 10% of fee.
4.1
In order to qualify for the rebates, the Client
must pay the Company's fee 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.
4.2 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 Company the minimum
fee in accordance with the Scale of Rebate.
4.3 Should
the Client or any subsidiary or associated company of
the Client subsequently re-engage the Applicant within
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 3.4 above becomes
payable, with no entitlement to the refund.
5.
INTRODUCTIONS
5.1 Introductions
of Applicants are confidential. The disclosure by the
Client to a third party of any details regarding an
Applicant introduced by the Company which results in
an Engagement with that third party within 6 months
of the Introduction renders the Client liable to payment
of the Company's fee as set out in clause 3.4 with no
entitlement to any refund.
5.2 An introduction
fee calculated in accordance with clause 3.4 will be
charged in relation to any Applicant engaged as a consequence
of or resulting from an introduction by or through the
Company, whether direct or indirect, within 6 months
from the date of the Company's introduction.
5.3 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
service, the Client shall be liable to pay an introduction
fee to the Company in accordance with clause 3.4.
6.
SUITABILITY
6.1 The Company endeavours to ensure the suitability
of any Applicant introduced to the Client. Notwithstanding
this the Client shall satisfy itself as to the suitability
of the Applicant and shall take up any references provided
by the Applicant and/or the Company before engaging
such Applicant. The Client shall be responsible for
obtaining work and other permits if required, for the
arrangement of medical examinations and/or investigations
into the medical history of any Applicant, and satisfying
any medical and other requirements or qualifications
required by law of the country in which the Applicant
is engaged to work.
7.
LIABILITY
7.1 The Company
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 Company seeking a Applicant
for the Client or from the Introduction to or Engagement
of any Applicant by the Client or from the failure of
the Company to introduce any Applicant. For the avoidance
of doubt, the Company does not exclude liability for
death or personal injury arising from its own negligence.
8.
LAW
8.1 These Terms
are governed by Australian Law and are subject to the exclusive
jurisdiction of the Australian Courts.
9.1 Accepting details, interviewing or engaging a candidate introduced by The Jones Consultancy constitutes acceptance of these Terms of Business.