Recruitment Terms and Conditions
1. Definitions
In these conditions: - “Annual Salary” means the sum of a Candidate’s basic pay, bonus, commission and other emoluments. “The Business” means the business carried on by the Client. “Candidate” means a candidate supplied to the Client or person associated with Client by the Company either directly or indirectly. “Candidate Details” means a prospective Candidate’s name and telephone number. “The Client” means the person who has instructed the Company to act as agent to introduce Candidates to the Client’s Business whose name is set out below. “The Company” means Smile Locum Agency Ltd whose registered office is at Towers Point, Towers Business Park, Wheelhouse Road, Rugeley, Staffordshire, WS15 1UN company registration no 7108588. “Introduction” means a Candidate introduced by the Company to the Client or other person either directly or indirectly.
2. Formation of Contract
2.1 These conditions shall form the basis of the contract between the parties and shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the Company. No servant or agent of the Company has power to vary these conditions orally.
2.2 This agreement shall continue for a minimum period of twelve months from the date of this agreement and thereafter until one party gives to the other one month’s written notice.
3. Direct and Indirect Introductions
3.1 A Direct Introduction shall be constituted by the Company giving to the Client the Candidate Details.
3.2 A Direct Introduction shall be deemed to have been made when the Company communicates to the Client the Candidates Details by post, telephone, fax or electronic mail.
3.3 An Indirect Introduction shall be deemed to be:-
3.3.1 Where the Client passes the Candidates Details to another employer which results in the engagement or employment of a Candidate:
3.3.2 Where the Candidate introduces another person to the Client which results in the employment or engagement of such person: or
3.3.3 Any other circumstances where the employment or engagement of a Candidate {or person connected with him} is attributable to the activity of the Company.
3.4 Fees will be charged in accordance with clause 8 of this agreement by the employment or engagement of an Introduction within a period of one year from the date the Introduction was made, howsoever caused.
4. Notification of Employment or Engagement
4.1 The Client undertakes to notify the Company in writing immediately upon a Candidate being employed or engaged by the client and shall provide the Company with full details of the Candidates Annual Salary or terms of engagement.
4.2 The Client shall immediately inform the Company if the same Candidate is supplied by another agent and shall furnish the Company with full details.
4.3 In the event that the same Candidate is introduced the Client shall be liable for a fee if the Company introduced the Candidate first or if the Client fails to supply the information requested in paragraph 4.2 within 24 hours of receipt.
5. Disclaimer
The Company shall not accept any responsibility for the suitability of any candidate introduced by the Company and will not be responsible for any loss, expense, damage or delay incurred by the Client as a result of Introduction by the Company, howsoever occasional.
6. Third Party Rights and Force Majeure
6.1 No person who is not a party to this agreement shall have the right under the Contracts {Rights of Third Parties} Act 1999 to enforce any terms of these conditions.
6.1 The Company shall not be liable for any failure to deliver or delay in providing its services arising from circumstances outside its control, including but not limited to lock-outs, fire and accidents.
7. Data Protection
The Company, other members of the group and the agents of such persons may use your personal information to inform you about products and services which may be of interest to you.
8. Fees
8.1 The fees payable to the Company by the Client for the introduction of a Candidate who is employed or engaged by the Client are set out below. VAT will be charged on all fees at the prevailing rate.
8.1.1Permanant Engagement or Employment
Full Time {4 days+}
Orthodontist £3,000
Implantologist £3,000
Dentist £2,500
Hygienist £1,500
Periodontist £3,000
Nurses £1,000
Practice Manager £1,000
Part Time for Above {less than 4 days}
All part time staff will be charged the following % of the full time fee:
3 days 75%
1-2 days 50%
This will be in line with how many days the candidates attends the surgery.
Refund Structure
8.3 if a Candidate leaves the Client’s employ within the following timescales as a result of that Candidate’s breach of contract with the Client, the Client shall be entitled to the refund listed below:-
1-2 weeks 100% Refunded - Minus £150.00 Admin Fee
3-4 weeks 75% Refunded
5-6 weeks 50% Refunded
7-8 weeks 30% Refunded
9-10 Weeks 10% Refunded
9. Payment and Interest
9.1 Payment of the fee by the Client shall be made strictly within 14 days of the commencement of the employment or engagement of the Candidate introduced by the Company.
9.2 The Company reserves the right to charge interest at 3% per annum above the base rate from time to time in force of Barclays Bank PLC on all overdue accounts together with compensation for the costs suffered by the Company arising from late payment in accordance with its rights under the Late Payment of Commercial Debts {Interest} Act 1998.
10. General
10.1 The Client confirms that he is the legal owner of the Business or that he is authorised to sign this agreement.
10.2 Introductions of all candidates are confidential.
10.3 The construction, validity and performance of these conditions shall be governed English Law.
10.4 All legal costs and expenses reasonably incurred by the Company in seeking to collect overdue invoices from the Client or otherwise to enforce its rights under this agreement will be recoverable from the Client on an indemnity basis.
10.5 All notices to be served under these conditions shall be served by first class pre-paid post, e-mail or facsimile message at the registered office or principle trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.