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1. Definitions In these T&C’s the following definitions apply: “Applicant” means any person introduced to the Client by Trent Pearce whether verbally, in writing or in person and regardless of whether otherwise known to the Client; "Client" means any organisation receiving an Introduction or utilising the services of Trent Pearce; "Engagement" means any contract, employment, engagement or confirmation of use of the Applicant by the Client whatsoever including without limitation any contract of service or for services, partnership or agency made between the Client, or any person, firm, organisation or company associated or connected with the Client, and the Applicant at any time within 12 months of the Introduction; "Introduction" means the communicating by any means whatsoever by or on behalf of Trent Pearce of the identity of an Applicant to the Client; “Rate Card” means the rate card referred to in the T & Cs "Salary" means the Applicant's annualised salary (before tax and other deductions) in connection with the first year of the Engagement including (without limitation) allowances and market supplements provided that where such Salary is not known or not disclosed by the Client to Trent Pearce, Trent Pearce may take as such Salary the Applicant's desired annualised income as disclosed from the records of Trent Pearce. 2. Interpretation 2.1 Where the context requires references to the singular include the plural and references to the masculine include the feminine and vice versa. 2.2 The headings contained in these T&C’s are for convenience only and do not affect their interpretation. 3. Contract 3.1 These T&C’s are deemed to be accepted by the Client by virtue of the Client’s continuing instructions toTrent Pearce or an Introduction or on an Engagement. 3.2 Unless otherwise agreed in writing by a director at Trent Pearce these T&C’s shall prevail over any other terms of business or conditions put forward by the Client. For temporary/contract placements Trent Pearce will provide to the Client a contract (“Contract for the Supply of Particular Services”) and for the avoidance of doubt the Contract for the Supply of Particular Services shall take precedence and prevail (in case of conflict) over these T&C’s, then these T&C’s shall apply. 3.3 No variation or alteration can be made to these T&C’s unless approved in writing by a director of Trent Pearce. No other employee, agent or servant of Trent Pearce has any authority to modify these conditions. 3.4 Trent Pearce acts as an Employment Agency and an Employment Business. 4. Fees, Rates & Payment Terms 4.1 The Client agrees to (i) notify Trent Pearce within 5 working days of any offer of Engagement which it makes to the Applicant and when any offer of Engagement has been accepted by the Applicant (ii) provide details of Salary to Trent Pearce; (iii) pay Trent Pearce’s fees within 30 days of the date of invoice with invoices being issued after the date of acceptance by the Applicant of the Engagement (“a signed offer letter”) and; (iv) provide Trent Pearce with any necessary purchase order numbers when an Applicant is offered a position and in any event prior to invoicing which therefore will not be a valid reason to delay payment. 4.2 If there will be a protracted period in excess of 30 days between the Engagement and an Applicant’s actual start date, then the payment terms referred to in clause 4.1 (iii) above will automatically be extended until such start date. 4.3 Trent Pearce reserves the right to charge interest on any overdue account at a rate of 8% and additional costs and expenses reasonably incurred in the enforcement of its rights under these T&C’s both before and after judgement. 4.4 The fees payable by the Client to Trent Pearce for an Introduction resulting in an Engagement is calculated against the Salary of the Applicant applied to the fees set out in the Rate Card. 4.5 VAT will be charged on the whole amount of Trent Pearce’s fees. 4.6 Fees will be payable as a result of the Engagement notwithstanding the fact that it may not comply with the Client’s original requirements. 4.7 If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 8 weeks of the first Engagement then the Client will be liable to pay further fees based on the additional Salary applicable for the period of Engagement following the initial fixed term up to the termination of the second engagement or the first anniversary of its commencement, whichever comes earlier. 4.9 If the Client fails to notify Trent Pearce as agreed in clause 4.1 and the Applicant commences employment for the Client within 12 months from the date of the Introduction or the Client fails to pay in accordance with 4.1(iii) plus a further period of 30 days (i.e. within 60 days of the date of invoice) then any discounted or reduced rates shall not be applicable and Trent Pearce shall be entitled to charge and the Client agrees to pay the standard Trent Pearce fee (as per the rate card). 5. Suitability Trent Pearce endeavours to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this the Client is responsible for satisfying itself as to the suitability of the Applicant, taking up references, checking qualifications and identity, carrying out any criminal records bureau disclosure, confirming skills, qualifications, integrity, (including licences, work permits, visas) and arranging medical examinations and the like. Such responsibility extends to verifying any written or oral statement or representation about an Applicant made by Trent Pearce. The Client agrees that it may not delay or refuse to pay fees on the grounds of Applicant’s suitability referred to in this clause or otherwise. 6. Confidentiality Information concerning the Applicant is strictly confidential. Where the Client passes an Introduction or information concerning the Applicant to any other party (whether or not associated to or connected with the Client) and that party enters into an Engagement, the Client is liable to pay the fee as if the engagement was between the Client and the Applicant. 7. Liability 8.1 Trent Pearce shall not be liable to the Client under any circumstance (other than for death or personal injury arising from Trent Pearce’s own negligence) for any loss, injury, damage, expense or delay (whether direct, indirect or consequential) incurred or suffered by the Client whether arising from or in any way connected with an Engagement or with any allegation relating to the suitability of the Applicant or any act or omission of the Applicant or from the failure of Trent Pearce in introducing an Applicant. 8.2 Any liability which Trent Pearce may have in connection with any Engagement is limited to a sum not exceeding the fees paid or due to Trent Pearce by the Client pursuant to the Rate Card in relation to the particular Engagement. 8.3 Each Engagement represents an individual contract and the Client shall have no right of set off or counterclaim in respect of different Engagements. 8.4 The Client acknowledges that the limitations and exclusions of the obligations and liabilities of Trent Pearce set out in these T&C’s are reasonable and reflected in the fees payable to Trent Pearce. 8. Law These terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
© Trent Pearce 2008
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