TERMS AND CONDITIONS OF BUSINESS
The following terms and conditions govern the contract between
Strikitsa Consulting Ltd. ("Consultant") and the Client
for the Executive Search Assignment, subject to the amendments
stated in Consultant's engagement letter ("Memorandum")
to which these conditions are attached but to the exclusion of
any terms and conditions presented by the Client. These conditions,
which are governed by English law, may not be varied or waived
other than with the express written agreement of Consultant.
DEFINITIONS
"Candidate" means an individual who
may be considered as an applicant to the position in relation
to which the Client retained the Consultant for Executive Search
Assignment.
"Client" means the party of the contract,
which retains the Consultant for the Executive Search Assignment
in accordance with an engagement letter and these Terms and Conditions
of Business
"Engagement" means employment or use
of a Candidate whether under a contract of service or for services,
or where a Candidate is retained by the Client in a personal capacity
as agent or distributor for the Client.
"Executive Search Assignment" is the
service provided by the Consultant consisted from the search,
selection, and presentation of suitable Candidates for the position
described by the Client.
"Introduction" means the presentation
of a Candidate by Consultant to the Client for Engagement.
CANDIDATE ACCEPTANCE
The Client agrees to notify Consultant immediately a Candidate
is accepted and to supply copies of all letters of offer to any
Candidates introduced to the Client by Consultant.
If the Client or a member of the Client's staff refers a Candidate
introduced by Consultant to some other person or body, and that
other person or body within 12 months of the Introduction of the
Candidate engaged that Candidate in any capacity whether temporary,
permanent or self-employed, the Client will be liable for a fee
at our prevailing rates at the date of notification or discovery
by Consultant if not notified. Interest at the rate of 0.1% per
day will be applied from the date of appointment until payment
of the invoice, without concession. No guarantee shall apply whatsoever
under these circumstances.
PROFESSIONAL FEE
Consultant’s fees for an Executive Search Assignment are defined in the Memorandum
and consisted of cost of search (fixed and variable) and consulting premium. Fees are
related neither to estimated nor actual package offered to successful candidate.
Once defined in the Memorandum fees are fixed, non-changeable and non-returnable.
Fees are payable in two stages: upfront payment of the estimated cost of
search and the consulting premium payment following the
appointment of the successful candidate.
EXPENSES
All agreed assignment related expenses, such as, but not limited
to advertising costs and travel expenses, will be passed on to
the Client at the agreed rate and invoiced to the Client separately.
INVOICES AND PAYMENT
All invoices are payable within fourteen days from the date of
the invoice and payment should be made to Strikitsa Consulting
Ltd., Coleridge House, 4/5 Coleridge Gardens, London, NW6 3QH,
United Kingdom.
Consultant reserves the right to charge interest on all overdue
invoices calculated at the rate of 0.1% per day from the date
when the payment become overdue.
VAT is payable, where appropriate, at the prevailing rate.
ADDITIONAL CANDIDATES
If a Client recruits more than one Candidate, which have been
introduced to the Client by Consultant, an appointment fee for
such Candidate shall be equal to 90% of standard fee determined
in the Memorandum.
TERMINATION OR CANCELLATION OF AN ASSIGNMENT
Cancellation or termination of an assignment must be notified
in writing. In the event of a client canceling an assignment,
then all outstanding expenses, fees and cost of work up to the
cancellation date shall be invoiced to the Client in full and
are payable within fourteen days from the date of the invoice.
GUARANTEE
In the unlikely event that an appointed candidate leaves a client's
employment within six months, other than for reasons of accident,
sickness, fatality or changes to the organization structure, job
content, or contractual agreements, we undertake to repeat the
assignment without any additional fees, charging only for out
of pocket expenses.
The above will apply, provided that all invoices have been settled
in accordance with these Terms and Conditions of Business and
that the client notifies us in writing within seven days of termination
of the appointment.
NON PAYMENT OF FEES AND EXPENSES
If the client fails to make payment within twenty-eight days
of the invoice date, then, without prejudice to any other right
available to Consultant, Consultant will be entitled to suspend
work on the assignment until receipt of payment. In addition,
interest at the prescribed rate will be payable by the Client
on all invoices then outstanding or subsequently issued, without
concession, from their respective dates until paid in full.
CONFIDENTIALITY
Consultant will respect the confidentiality of all sensitive
information provided to the Consultant by the Client and which
the Client informs Consultant is confidential. Consultant shall
agree with the Client in advance, how much of this information
may be disclosed to candidates during the assignment. By retaining
Consultant's services, the Client undertakes to treat all information
received from us in the strictest confidence.
LIABILITY
The Client acknowledges that it is the Client's responsibility
ultimately to decide on the suitability of a candidate for the
relevant post by means of its own interviewing process and accordingly,
Consultant shall not under any circumstances be liable to the
Client or any other person for any direct, indirect or consequential
loss or damage of any kind (including, without limitation, loss
of profit) arising out of or in connection with the appointment
of any candidate, whether such loss is caused by breach of contract
or negligence by Consultant. For the avoidance of doubt, nothing
in these Terms and Conditions of Business shall exclude or restrict
Consultant 's liability for fraudulent misrepresentations made
by it or for death and/or personal injury resulting from its own
negligence.
The Client is responsible for the taking up of references as
to the candidates' medical history and suitability to meet the
job specification. It is also the Client's responsibility to obtain
a work permit for the candidate wherever necessary.
ACCEPTANCE
Authorization to proceed with the Executive Search Assignment
whether verbal or in writing will be deemed to be the Client's
acceptance of the above Terms and Conditions of Business.
These Terms and Conditions of Business are deemed to be accepted
by the Client by virtue of an interview or the Engagement of a
Candidate howsoever introduced by Consultant within a period of
12 months from the date of Introduction.
All the terms of the agreement between Consultant and the Client
relating to the Executive Search Assignment are as set out in
these Terms and Conditions of Business and the other documents
referred to in it, and all other terms, conditions and warranties
whether express or implied, statutory or otherwise and all representations
(save in respect of fraudulent misrepresentations) whether made
orally or in writing are hereby excluded, save to the extent that
the same appear expressly in these terms and conditions or the
documents referred to in them and all prior agreements, negotiations
and statements are hereby superseded.
No variation can be made to these Terms and Conditions of Business
without the written consent of the Consultant.
These Terms supersede any other previous Terms and Conditions
of Business or any other agreed terms
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