Hospitality Search International Ltd (HSI) effects introductions between Employers and Potential Employees under the terms and conditions set out below.
1. Defined Terms:
“Applicant” Means any person introduced to the Client by HSI with a view to Engagement.
“Client” Means any person, firm or corporate body that approaches HSI with a view to securing the services of HSI.
“Introduction” Means the passing to the Client of a Curriculum Vitae or any other information that allows the Employer to identify the Applicant.
“Engagement” Means the employment or securing of services by the Client of any Applicant having been the subject of an Introduction to the Client by HSI.
“Remuneration” Means the fee charged by HSI to the Client as indicated on the attached correspondence and will be calculated as a percentage of the following heads:
Base Fee Means the salary and bonus and any other amounts payable by the Client to the Applicant under the terms and conditions of his employment during the first year of employment.
Accommodation Provision of accommodation will be calculated as £3,000 for accommodation on a single basis and £5,000 for accommodation on a married basis.
Company Car Provision of a company car will be valued at £7,500.
“Assignment” Any request, whether verbal or in writing, from the Client to HSI for the provision of the services of HSI in effecting Introductions to the Client.
2. HSI Charges:
2.1 Remuneration will become due when Engagement (either temporary or permanent) commences and in the situation where the Introduction is indirect. Remuneration will also be charged when the Applicant is the subject of an Engagement by the Client within 12 months of any Introduction irrespective of whether the Applicant has applied to the Client directly, has been contacted by the Client directly or is introduced to the Client by a third party.
2.2 Remuneration is calculated as a percentage of Base Fee and/or Accommodation and/or Company Car for the first year and shall be as indicated on the attached correspondence. All invoices will be payable in sterling – if the salary quoted is in another currency then the exchange rate used will be that of Lloyds TSB Bank plc on the date that the offer was accepted by the Applicant.
2.3 All fees charged under these terms and conditions are non refundable. Any Introduction made is not assignable by any employer to another and where an Introduction of an Applicant is passed on then the final employer will be charged according to the rates above. In such an instance the right to a replacement Applicant under clause 5 of these terms and conditions will not apply.
2.4 All invoices are to be settled within 10 days of the commencement of the Engagement by the Applicant.
2.5 The Client is obliged to forward to HSI a copy of any offer letter made to the Applicant to ensure that the Remuneration is correct.
3. Cancellation:
In the event that the Assignment is cancelled by the Client, then HSI will, by having undertaken the search in good faith, be entitled to a cancellation fee of 10% of the anticipated Remuneration due, to cover expenses and costs.
4. Outstanding Accounts:
In the case of all outstanding accounts, HSI reserves the right to charge interest on a daily rate on all outstanding amounts at a rate of four percent above Lloyds TSB Bank plc base rate calculated from the date of the invoice until the account is paid in full.
5. Replacement Applicant:
5.1 HSI will seek to introduce a replacement Applicant provided that each and all of the following conditions have been satisfied:
5.1.1 The Remuneration due in respect of the Applicant being replaced was settled in accordance with these terms and conditions.
5.1.2 The Applicant was terminated or has resigned during the agreed guarantee period
5.1.3 That HSI was notified in writing of the termination within seven days
5.1.4 That the Client, any subsidiary or associated company does not engage that Applicant for a period of 12 months from the date of termination
5.1.5 The termination is due to reasons other than redundancy, liquidation, bankruptcy, dissolution or amalgamation of the Client..
5.2 Should the Client, any subsidiary or associated company within 12 months re-engage an Applicant in respect of whom a replacement has been provided by HSI, then Remuneration calculated at the rates set down in clause 2 will be charged for the replacement Applicant.
6. Client’s Responsibilities:
6.1 The Client will be responsible for checking all references and confirming that all academic and professional qualifications are true. This should be carried out prior to engagement.
6.2 The Client will be responsible for arranging any medical examination and obtaining any work permits required by the Applicant.
7. Waiver:
HSI is obliged to rely upon the good faith of Applicants and cannot accept responsibility for any loss or expenditure incurred by the Client in meeting any Applicant, and in particular cannot be held liable for the history, character, age, capability or suitability of any Applicant and no warranty will be made that any Applicant will be able to fill a position.
8. Law and Jurisdiction:
These terms and conditions will be interpreted according to English Law and are subject to the jurisdiction of the English Courts.
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