Terms and Conditions

Standard Terms and Conditions of Business

1) Terms and Conditions

(a) Unless specified by Selby Jennings in writing these terms and conditions as set out herein shall govern all work undertaken on behalf of the Client.

2) Introduction:

(a) An introduction shall be deemed to have occurred when any employee or representative of the Client requests contact with a Candidate either in writing or orally.
(b) An appointment occurs immediately the Client offers employment to the Candidate and those Candidates accept such employment.
(c) The Client agrees to inform Selby Jennings once an appointment has been made.
(d) The Candidate is the person introduced by Selby Jennings to the Client as the job applicant.
(e) Within the twelve months following the initial introduction or any subsequent re-introduction then if an appointment of a Candidate occurs such an appointment will represent an appointment as governed by the terms and conditions of the business as set out herein.
(f) All Candidate information is strictly confidential and if the Client distributes a Candidate’s details to a third party following such details being supplied by Selby Jennings and these details result in the employment of a Candidate by a third party then the Client is liable to pay Selby Jennings the full fee.
(g) The Client has the liability for ensuring the appropriateness and capability of a Candidate for employment. The Client is also responsible for taking references to substantiate skills, qualifications, integrity, the satisfaction of medical needs and the requirement of any work permits.

3) Fees:

(a) Fees are based on a percentage of the Candidate’s first year salary or draw. Salary or draw includes all guaranteed income and bonuses. Where a Candidate is employed on a commission only basis without a draw, the fee will be calculated as a percentage of the Candidate’s total earnings in the year prior to the offer of employment or their last base salary, whichever is the larger, unless an alternative calculation is agreed in advance with the Client.
(b) On offer of employment by the Client to the Candidate, the Client has an obligation to inform Selby Jennings of the total remuneration offered.
(c) Selby Jennings fees are as follows:

Contingency appointment 30% of candidate’s first year guaranteed salary

Retained appointment 35% of Candidate’s first year salary

(d) Whether an appointment is a contingency or retained appointment is to be agreed between Selby Jennings and the Client before the introduction occurs.
(e) A minimum charge of £6,000 will apply to any engagement where the total annual remuneration is less than £20,000 per annum.

4) Payment:

(a) All invoices are payable within 21 days of the date of the invoice.
(b) If the payment is not made within the 21 days the Client may be required to pay interest on the amount due under the invoice of 2% above Bank of England’s base rate from time to time.
(c) If Selby Jennings incurs any legal costs as a result of non- or late payment of the invoice, the Client will become liable for such costs.

5) Rebate:

(a) If the Candidate’s employment is terminated within five weeks of the starting date of such employment Selby Jennings will reimburse the Client at a rate of 20% of the fee for each week of that five week period that is not worked.
(b) No rebate will be payable to the Client if: 1) the Candidate is made redundant 2) if the cause of termination has no bearing on the Candidate’s ability, integrity or character 3) if the Client fails to pay the invoice within 21 days of the date of the invoice 4) if the Client fails to notify Selby Jennings in writing within 14 days of the termination of employment 5) or if the Client withdraws an offer after the Candidate has accepted the offer unless such withdrawal relates to a written condition of offer.

6) The Contracts (Rights of Third Parties) Act 1999:

The parties to this Agreement do not intend that any term of this Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this Agreement.

7) Invalidity:

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
a) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or
b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.

8) Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute, whether contractual or non-contractual, arising out of or in connection with this Agreement.