Fees are expressed as a percentage of the Remuneration (as defined in the Schedule of Fees) and shall be calculated by reference to the aggregate amount of the Remuneration and the relevant percentage.
Note: The replacement provisions in the terms only apply provided that all fees have been paid within 10 days of invoice.
1. In these terms –
“Candidate” means the individual introduced to the Client by Destination Dental Executive;
“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the candidate is introduced;
“Contingent Introduction” means the introduction of a candidate to the client by DDE other than a retained introduction. No prior specific instruction from the client is required to effect a contingent introduction;
“Engagement” means the engagement, employment or use of the candidate by the client, whether under a contract of service or for services, partnership or otherwise and “Engages” and “Engaged” shall be construed accordingly;
“Fee” means the percentage of the remuneration set out in the schedule relating to the service provided by DDE in relation to an introduction;
“DDE” means Destination Dental Executive a trading name of Noon Sun Media Ltd (CRN 10608141), whose registered address is at 1 Noon Sun Farm, Noah’s Ark Lane, Knutsford, Cheshire WA16 7AU, an employment agency as defined by the Employment Agencies Act 1973;
“Introduction” means the client’s interview of a candidate in person or by telephone following the client’s instruction to DDE to fill a vacancy or the passing to the client of a curriculum vitae or other information which identifies the candidate and which leads to an engagement of that candidate and “introduced” shall be construed accordingly;
“Remuneration” means the aggregate gross annual taxable emoluments payable to or receivable by the candidate pursuant to the engagement, including salary, bonuses, pension, profit share, and any signing on payment paid to the candidate during the first year of the engagement or attributable to such period and paid subsequently. Any car allowance shall be treated as part of the candidates taxable emoluments. The value of the provision of a company car shall be calculated as the higher of either the taxable benefit or the figure of £5,000 per annum.
“Retained Introduction” means the introduction of a candidate to the client by DDE on the basis of a specific instruction to identify and select a suitable candidate for the clients vacancy. Such introduction will be conducted by DDE on the basis of Executive Search with Targeted Search;
“Schedule of Fees” means the attached schedule;
“Shortlist” means the list of candidates sent by DDE to the client either in written or electronic form.
2. These terms regulate the basis upon which introductions are effected by DDE and shall be accepted on signature and return of the terms by the client to DDE, or in the event of failure to do so, shall be deemed to be accepted by the client upon the client’s request for details of candidates or interview with candidates (whether by telephone or in person).
3. The fee shall be payable as follows:
a. Retained Introductions – the fee will be payable in three instalments with the final instalment reflecting the actual remuneration of the relevant candidate. The first instalment will be payable upon DDE’s acceptance of instruction; the second instalment will be payable upon the submission by DDE to the client of a shortlist of candidates; and the third instalment will be payable upon the candidate’s acceptance of the client’s offer of an engagement.
b. Contingent Introductions – the fee will be payable upon the candidate’s commencement of the engagement.
c. The fees will be invoiced, and will be payable in Sterling.
d. All amounts will be payable within 10 days of the date of the relevant invoice.
4. The client will be liable to pay a fee in respect of any candidate engaged by the client as a consequence of or relating from an introduction by or through DDE, whether direct or indirect, which occurs within 12 months of either the introduction or the candidate’s final interview with the client, whichever is later.
5.In the event of the engagement of any candidate terminating on or before the expiry of 4 weeks from the date of commencement, DDE will endeavour to find a replacement at no extra cost to the client providing that (i) the termination is not for redundancy nor is the result of a restructure or reorganisation of the client’s business and is otherwise lawful and in accordance with any applicable code of practice or the candidate leaves of his or her own volition; (ii) the client notifies DDE in writing within 7 days of termination; and (iii) all monies due from the client have been paid in accordance with these terms. There are no refunds or rebates payable in respect of the fees of DDE.
6. If DDE provides an advertising service to the client, the client will be liable to pay, within 7 days of invoice date, costs in respect of artwork, production and media buying including internet advertising. An advertisement may only be cancelled on sufficient notice to enable DDE or its advertising agency to withdraw the advertisement.
7. (a)DDE endeavours to ensure the suitability of any candidate introduced to the client by obtaining confirmation of the candidate’s identity; that the candidate has the experience, training, qualifications and any authorisation which the client considers necessary and has advised to DDE in writing in a job specification or otherwise or which may be required by law or by any professional body; and that the candidate is willing to work in the position which the client seeks to fill.
(b) Between introduction and engagement of a candidate DDE shall inform the client of such matters in clause 7(a) of which they have obtained confirmation. Where such information is given verbally by DDE to the client it will be confirmed in writing in paper form or by electronic means by the end of the third business day following the date on which it was first communicated save where such information has already been given to the client.
(c) DDE endeavours to take all such steps as are reasonably practicable to ensure that the client and candidate are aware of any requirements imposed by law or any professional body to enable the candidate to work in the position which the client seeks in fill.
(d) DDE endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the client or the candidate for the candidate to work in the position which the client seeks to fill.
(e) Notwithstanding clauses 7(a) to (d) inclusive, the client shall satisfy itself as to the suitability of the candidate and the client shall take up any reference provided by the candidate to it or DDE before engaging such candidates. The client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any candidate and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the candidate in engaged to work.
(f) To enable DDE to comply with its obligations under 7(a) to (d) inclusive the client undertakes to provide to DDE details of the position which the client seeks to fill, including the type of work that the candidate would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation the client considers necessary or which are required by law or any professional body for the candidate to possess in order to work in the position; and any risks to health or safety known to the client and what steps the client has taken to prevent or control such risks. In addition, the client shall provide details of the date the client requires the candidate to commence, the duration or likely duration of the work, the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the candidate would be entitled to give and receive to terminate the employment with the client.
(g) If within 3 months of the date of introduction of a candidate who commences an engagement with the client, DDE receives or obtains information which gives it reasonable grounds to believe that the candidate is unsuitable for the engagement it shall, without delay, inform the client of that information.
8. Where the candidate is required by law, or any professional body to have any qualifications or authorisations to work on an engagement DDE will take all reasonable practicable steps to obtain and offer to provide to the client, copies of any relevant qualifications or authorisations of the candidate.
9. DDE shall not be liable to the client for any loss, liability, damages, costs, claims or expenses suffered or incurred by the client as a result of the negligence, dishonesty or misconduct of the candidate or arising from, or connected with, the engagement of a candidate or the failure to introduce a suitable candidate.
10. Failure to pay any amount due within the time stated for payment will entitle DDE to charge interest at 5% per annum above LIBOR or any rate that may succeed LIBOR from the due date until the date of payment. DDE may assign to a third party the right to render invoices and receive payment.
11.No variation or alteration to these terms shall be valid unless approved by an authorised representative of DDE in writing. The details of any variation to these terms shall be notified to the client in writing by DDE as soon as reasonably practicable and such document shall confirm the date which the varied terms are to take affect.
12.All invoices are subject to Value Added Tax, where applicable.
13.These terms of business are governed by English law and all disputes arising from these terms shall be subject to the jurisdiction of the English Courts.
Schedule of fees
All Remuneration packages the fee will be 25% of the remuneration package.
All Remuneration packages the fee will be 35% of remuneration.