Terms and Conditions

INTRODUCTION

1(a) All business undertaken between Media Types ("the Agency") and an employer ("the Employer") is subject to these terms of business. No variation shall be effective unless in writing.

(b) References to employer, employee, employment, salary and any other words or phrases applicable to the relationship of employer and employee shall also be construed where appropriate as references to the relationship of firm and partner (whether salaried or equity) and firm and consultant as well as to contracts of services.

(c) An introduction is made when the Agency notifies the Employer of a
candidate's name and/or provides the Employer with a candidate's
details.

(d) If a candidate introduced to the Employer by the Agency is subsequently "introduced" by another agency, such purported "introduction" shall not nullify the Agency's introduction even if the other agency arranges the interview

(e) If a candidate introduced by the Agency accepts an offer of employment from the Employer, an introduction fee shall be payable calculated in accordance with clause 2.

FEES

2 (a) Subject to clause 2(b), the fee will be 15% of the candidate's projected total remuneration ("PTR") (or actual remuneration if higher) in the first year of employment.

If a candidate introduced by the Agency is rejected (or rejects an offer of employment) by the Employer, a full introduction fee will be payable if the candidate is subsequently employed by the Employer within 12 months of the date of rejection.

(b) If a candidate introduced by the Agency enters into a relationship with the Employer under which it is not possible to calculate an introduction fee (e.g. work-referral agreement or mutually beneficial association), the Agency and Employer shall agree an introduction fee which fee shall in any event be not less than £1000.

(c) When working as sole supplier, the fee will be 12.5% of the
candidate's projected total remuneration ("PTR") (or actual remuneration if higher) in the first year of employment.

PAYMENT

3 (a) The introduction fee will be paid within 28 days of receipt of invoice.

(b) The Agency reserves the right to charge interest on overdue invoices from the date of the invoice until payment calculated at 2.5% above the base rate for the time being of Nat West Bank Plc.

CONFIDENTIALITY

4 All information supplied by the Agency is confidential. If the Employer passes on the details of (or information about) a candidate introduced by the Agency to a third party which subsequently employs such a candidate then the Employer will be liable for the full introduction fee, and the refund provisions of clause 7 will not apply.

NOTIFICATION

5 The Employer undertakes to notify the Agency of the intention to employ a candidate introduced by the Agency and, on request, to provide all information necessary to enable the Agency to calculate the fee or additional fee.

LOCUMS

6 In the case of a temporary appointment the introduction fee will be calculated, in accordance with clause 2, pro rata on the total gross remuneration paid by the Employer to the successful candidate for the duration of the temporary appointment up to a maximum of one year. If the appointment becomes permanent, the full fee under clause 2 will be payable. The refund provisions of clause 7 will not apply.

REFUNDS

7 If the employment of a candidate introduced by the Agency is terminated within 12 weeks, the Agency will provide a replacement at no extra cost subject to the following conditions:

(a) The introduction fee was paid in accordance with clause 3, time to be of the essence.

(b) Termination was not due to redundancy or the liquidation, bankruptcy, dissolution or amalgamation of the Employer.

(c) The candidate is not subsequently re-engaged by the Employer or any subsidiary or associated or successor firm or company within 12 months of the termination.
If the Agency is unable to find a replacement within 3 months, the Employer will be entitled to a refund as follows:
- in the event of termination within 4 weeks: 100% refund.
- in the event of termination within 8 weeks: 50% refund.
- in the event of termination within 12 weeks: 30% refund.

(d) If a candidate introduced by the agency leaves voluntarily after the refund period but before the end of a year's employment, the agency agrees to find a replacement for the reduced rate of 10% of the first year's salary.

OBLIGATIONS

8 The Agency's obligation to the Employer under this contract is to introduce candidates as follows: the Agency will send the Employer details of (or information about) those candidates who in the judgement of the Agency (i) appear (from the information supplied by candidates to the Agency) to be the most suitable candidates on the Agency's register in terms of the Employer's requirements (as notified to the Agency) regarding level of qualification, academic background and areas of experience, and (ii) are available for the vacancy and are willing to be put forward to the Employer. The Agency accepts no other obligations beyond those set out in these terms of business unless they have been accepted in writing by the Agency.

REFERENCES & QUALIFICATIONS

9 The Employer will be responsible for taking up references and obtaining confirmation of academic and professional qualifications and shall satisfy itself as to the actual suitability of any candidate introduced by the Agency for the specific position offered.