Standard Terms of Business
These Terms of Business define
the contractual arrangements which are deemed to apply to all commercial
transactions between Wrinklies Direct (WD) and the The Client.
1. Where a candidate is
introduced through WD services for a part or full time position, contractual
arrangements with each candidate must be strictly between the individual
candidate and the Client.
2. It is The Client’s
responsibility to ensure the accuracy of any information supplied by the
candidate to WD (whether in the form of a CV or not) concerning their previous
employment and general business experience. Accordingly WD cannot be held
liable in any way to the Client for the performance of a candidate nor for any
information supplied by the candidate to either WD or The Client. Any Candidate
Profile or other information provided by WD may contain a summary of the
candidate's experience and/or the opinion of WD on the candidate's abilities
but does not constitute either a binding commitment or guarantee as to the
candidate's suitability for specific tasks and WD can in no way be held liable
for any loss damage claims or expense whether direct or indirect special or
consequential suffered by The Client in relying on such information.
3. Fees: For all
Permanent, Part time or Contract appointments for candidates introduced to
The Client through the use of WD services, a recruitment fee will be agreed in
advance with the Client.
4. What constitutes an Introduction? As soon as the CV (or such other
form of professional and/or personal summary as may be requested) of a
candidate has been received by The Client in order that The Client can assess
the suitability of the candidate, both parties shall agree that WD services
will have introduced the candidate to The Client ("the
Introduction").
5. Terms of Payment. Fees become payable within 14
days of the first date of employment of the candidate. Should the candidate
resign or be dismissed within the first 28 days of employment or engagement 75%
of the recruitment fee will be refunded. WD will undertake to provide the
original services on a best efforts basis to replace that candidate and
charge a fee of 75% of the original recruitment fee. Should a candidate resign
or be dismissed within the following 32 days of employment WD will
undertake to provide the original services on a best efforts basis to
replace that candidate, free of charge providing the fee had been paid for that
candidate, by the due date.
The Client should be aware that failure to meet the due dates for
fee payment shall void any refund guarantees.
6. Interest. If any payment is not made on or
before the due date WD reserves the right to charge interest at a rate fixed
under the Late Payment of Commercial Debts (Interest) Act 1998.
7. These terms and conditions of
business apply to any candidate who is appointed to a contract, temporary,
permanent, full time or part time placement with The Client within 12 months of
being introduced by WD.
8. These terms represent the
entire agreement between the parties and supersede any previous representations
or agreements whether recorded in writing or otherwise.
9. These conditions may not be
varied except by the written consent of Wrinklies Direct.
10. Both parties agree that these
terms and conditions are fair and reasonable in all the circumstances.
11. Both parties agree to take
all reasonable steps to ensure that any documents or other information supplied
in the course of this agreement remains confidential as between them.
12. These terms and conditions shall be governed by and construed according to the laws of England and the parties submit to the exclusive jurisdiction of the English Court.