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This Agreement (hereinafter to be called “the Agreement”) is made
BETWEEN: Vehicle Telematics Solutions Limited (hereinafter to be referred to as “VT Solutions”)
AND: The Client (hereinafter to be called “the Client”).
1. VT Solutions is an employment agency in the business of introducing Candidates skilled in Telematics Sales to Clients in all sectors of the Mobile Data Industry for permanent appointment with them.
2. To enable VT Solutions to introduce suitable Candidates, the Client must provide VT Solutions with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.
3. The Client is responsible for checking a Candidate’s references relating to his/her qualifications, skills, character and experience and seeing that the legal and medical requirements relating to Candidate have been met and for obtaining a work permit when necessary. VT Solutions provides an introductory service only, they do not make any checks on Candidates and neither do they provide any assurances as to a Candidate’s suitability both technically or otherwise.
4. The said Terms of Agreement will constitute the only contract between VT Solutions and the Client.
5. The said Terms of Agreement can be varied only by written Agreement between VT Solutions and the Client.
6. An introduction of a Candidate shall be deemed to have taken place when VT Solutions provides to the Client any information which identifies a Candidate. The Agreement comes into effect upon an introduction taking place.
7. If an appointment of a Candidate is made by the Client within 12 months of an introduction VT Solutions’s fees as set out in Clause 12 below become payable.
8. An appointment takes place whether a Candidate is engaged on a temporary basis or employed on a permanent basis.
9. An introduction is strictly confidential. If the Client passes on details of a Candidate to a 3rd party which results in the appointment of a Candidate by the 3rd party, the Client shall pay VT Solutions a fee of 40% of the anticipated first year’s remuneration of the Candidate. A third party includes, but is not limited to any associated company, subsidiary or other company with which the Client is connected.
10. The Client shall notify VT Solutions immediately an appointment of a Candidate is made and shall provide VT Solutions with full details of the appointment and a copy of any job offer made by the Client to the Candidate.
11. VT Solutions’s fee is calculated as a percentage of the anticipated first year’s total remuneration of a Candidate, which means a Candidate’s taxable gross remuneration including, but not limited to, any guaranteed bonus or commission, car allowance and weighting allowance. The Client shall provide to VT Solutions a full statement of the total remuneration to be received by a Candidate.
12. VT Solutions’s fees are:
- · £0 to £19,999.99 @ 20%
- · £20,000 to £24,999.99 @ 22½%
- · £25,000 to £29,999.99 @ 25%
- · £30,000 and above @ 30%
- · Where appropriate fixed fees may be negotiated for £35,000 and above
VT Solutions’s fees become payable on the appointment of a Candidate, including any appointment as detailed in Clauses 7,8 and 9. An appointment takes place whether or not such appointment is conditional upon the passing of a probationary period. Should the Client fail to advise VT Solutions of the appointment within 14 days of the start date of the Candidate, as detailed in Clause 10, a fee becomes payable at 40% of the anticipated first year’s remuneration of the Candidate.
13. An invoice is payable within 28 days of its date of issue, after which the Client shall pay to VT Solutions a compensation payment and statutory interest (calculated monthly) on the sum due in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
14. The Client shall bear the legal costs incurred by VT Solutions if an invoice is not paid or if it is paid after 28 days have elapsed since it was issued by payment.
15. If the appointment of a Candidate is terminated within 8 weeks of the commencement of his/her employment with the Client a rebate will be paid by VT Solutions to the Client at the rate of 12½% of the fee charged by VT Solutions for each full week the Candidate did not work during the 8 week period, subject to Clause 16 set out below.
16. No rebate shall by payable if:-
(i) an appointment is rescinded for no good reason;
(ii) VT Solutions is not notified in writing within 14 days of the termination of the appointment together with the reasons for it;
(iii) the fee is not paid to VT Solutions within 28 days of the tendering of the invoice
(iv) the cause of termination has no bearing on the Candidate’s qualifications, capability or conduct;
(v) the Candidate is made redundant.
** Both hard and soft copies are available on request **
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