(A) Comoro Limited(“Comoro”); Registered Office: C/O hjs Accountants, 3 Richfield Place, Richfield Avenue, Reading, Berkshire, England, RG1 8EQ company number 06802075, on xxxxx and,
(B) xxxxxxxxx (“Client”), with its registered office xxxxxxxxxxxx company number xxxxxxxxxx
1. These Terms and Conditions of Business (“Terms”) govern the entire agreement between the Comoro and the Client for all and any recruitment assignments undertaken by Comoro(“the Service”) arising from instructions given the Client. The Terms will apply unless a variation has been specifically agreed in writing by an authorised officer of Comoro and by a duly authorised person on behalf of the Client.
2. “Applicant” means an individual who has been introduced, or particulars of whom have been given, to the Client by Comoro, with a view to the possible engagement of that individual by the Client on permanent basis, either as a permanent employee, temporary employee or an independent contractor (“the engagement”).
3. If within twelve months of the Client requesting the Agency to introduce an Applicant to the Client or within twelve months of the completion by a temporary worker of his assignment or the engagement of an Applicant by the Client (whichever shall be the later) it agrees to engage any person who is or was during that period an Applicant introduced by the Agency then the Client will become liable for a fee calculated in accordance with the provisions of clause 10. No rebate shall apply in respect of any such fee charged
4. “Fee” means all fees charged to the Client including, but not limited to the Standard Fee, disbursements and expenses, and VAT.
5. The Fee for the Service provided by Comorowill be invoiced upon the commencement date of the Applicant’s employment with the Client. Payment of the Fee shall be payable within 30 days of the invoice date. Comoro reserves the right to charge interest on any overdue sums at a rate four percentage points above the 1-month Euribor rate as in force from time to time, calculated from the invoice date to the date of actual payment.
6. The Client will be responsible for, and shall reimburse in full to Comoro, all direct expenses and disbursements incurred by Comoro irrespective of whether any Applicant is ultimately engaged by the Client. Comoro shall first agree in writing with the Client what constitutes appropriate expenses prior to those expenses being incurred.
7. Comoro shall use reasonable endeavours to ensure the suitability of Applicants but notwithstanding this, the Client shall remain solely liable for establishing the suitability of any particular Applicant including (without limitation) the applicant’s health, competence, qualifications, experience, honesty, and entitlement to work.
8. Comoro shall have no liability whatsoever to the Client, its employees or agents for any loss, damage, costs or expenses, howsoever caused, suffered or incurred in connection with or as a result of the introduction of any Applicant to the Client or the engagement of an Applicant by the Client.
9. The Client shall notify Comoro forthwith in writing if an Applicant accepts an offer of engagement from the Client.
10. The Standard Fee payable by the Client to Comoro shall be based on the following:
All base salaries up to £69,999 per annum 20% of the base salary
All base salaries above £70,000 per annum 22% of the base salary
11. In the case where the Applicant’s engagement is for a period of less than twelve months the Standard Fee shall be charged on an annual pro-rata basis.
12. In the event that an Applicant, having been engaged by the Client, subsequently terminates that engagement then the Client shall be entitled to claim a reimbursement of the Standard Fee on the following basis:
Engagement terminated within 4 weeks of commencement: 75%
Engagement terminated within 5 to 9 weeks of the commencement date: 50%
Engagement terminated within 9 to 12 weeks of the commencement date: 25%
But, such reimbursement shall be conditional on the Client having previously paid the Standard Fee in full.
13. These Terms shall be governed by and construed by the laws of England and the parties hereby submit to the jurisdiction of the English Courts.
We, the Client, hereby acknowledge receipt of, and confirm our agreement to the Terms and Conditions of Business herein.
Signed …………………….…………….. Date ……………………………
For and on behalf of xxxxxxxxxxxxxxx
Signed …………………….…………….. Date …………………………….
For and on behalf of Comoro Limited