1. THE CONTRACT

These terms and conditions in respect of permanent recruitment services constitute the contract between AUTHENTIQUE RECRUITMENT (the \"Agent\") and the employer client (the \"Client\") and are deemed to be accepted by the Client by virtue of an introduction which term includes 'interview', 'engagement', 'employment' or 'use', whether under a contract of service or for services or any agreement whether legally enforceable or not, between an Applicant including any person deemed to be an Applicant and the Client under which the Applicant works or provides services for reward together \"Engagement\". The term \"Applicant\" shall mean any person introduced by the Agent to the Client such introduction being effected when the Agent provides information whether verbal, digital or otherwise sufficient to identify the Applicant. By interviewing an Applicant for employment or by agreeing to engage or make use of such a Applicant in any position of employment or work the Client is deemed to have accepted these terms and conditions. Any Applicant introduced by the Agent with a view to Engagement by the Client is subject to this terms and conditions within three months of the original introduction.

2. THE CLIENT'S OBLIGATIONS

The Client agrees to notify during the course of the recruitment process the Agent of any changes to the position or the proposed terms of employment of an Applicant, which may affect such recruitment process. The Client agrees to notify the Agent immediately an Applicant is engaged or an offer of employment is made. In the event that an employee introduced by the Agent should leave the Client within the commencement period the Client must notify the Agent in writing within fourteen days of the employees leaving date. The Client shall pay the Client's fees calculated in accordance with Clause 4.The Client shall be liable to pay the Agent's fee in accordance with Clause 4, if it refers the Applicant to its subsidiary or associated companies or any third party, which engages the Applicant, or in any event where an engagement results directly or indirectly from the introduction of the Applicant.

3. CONFIDENTIALITY

Introductions are confidential and any information relating to an Applicant must not be passed on to another employer or any other person without express agreement of the Agent. A breach of this clause will give rise to the Client being charged the fee in accordance with Clause 4. The Agent will take all reasonable steps to protect the security of information provided by both Client and Applicant(s).

4. FEES AND EXPENSES
Basis of calculation of fees: if an Applicant accepts an Engagement with the Client which shall be deemed to include its subsidiary or associated companies following an introduction by or through the Agent, the Client shall pay to the Agent an introduction fee determined on a fixed percentage of the first year gross annual salary before any tax or deduction. The calculation of salary does not include any deduction such as accommodation, any other payments, benefits, motor vehicle or taxable emoluments. The fee payable will be based on the first year's remuneration and will vary according to the scale set forth in the Schedule. The total first year's remuneration includes all emoluments and benefits, excluding mortgage subsidy, that form part of the gross taxable pay of the employed Applicant. This includes any advance commission payments whether guaranteed or not, or targeted or not, and any bonuses and local allowances or cash payments for benefits. Where remuneration is by commission only, a flat fee will be agreed in advance. VAT: all fees and expenses are stated exclusive of any value added taxes or similar sales taxes, whether arising in the United Kingdom or elsewhere.


Invoicing and payment :
Invoices shall be payable within 28 days from the date of invoice. Invoices shall not be rendered to the Client until the date on which the Candidate commences employment with the Client. Authentique recruitment reserves the right to charge interest on overdue payments at the rate of 2 per cent per calendar month, to be calculated on a daily basis, until payment is received. The client shall be liable for all collection costs incurred by Authentique recruitment in enforcing payment on overdue accounts including debt collection agency charges and legal fees on a full indemnity basis


Termination :
In the event of an employee leaving the Client's employment within 4 weeks of commencement the Agent will not charge the placement fee and between 4 and 8 weeks of commencement the Agent will refund 40% or provide a free replacement and between 8 and 12 weeks of commencement the Agent will refund 20% or provide a free replacement with a similar candidate with the same terms and conditions providing that the Client notifies the Agent in writing within 7 days of the termination of employment and has paid the Agent within 28 days of the date of the invoice.


Re-engagement :
Should the client or the client's associate subsequently re-engage the candidate within the period of twelve calendar months from the date of termination, a full fee in accordance with this Clause will be payable, with no entitlement to a refund.

5. LIABILITY
The Agent will use its reasonable endeavours to ensure the suitability of any Applicant introduced to the Client and to obtain written permission from the Applicant(s) to verify details of their employments and qualifications. However, it is the Client's overall responsibility to take up references, confirm qualifications, organize any necessary work or other permits, medical examinations or other investigations and to generally satisfy itself as to the Applicant's overall suitability.
Whilst every reasonable effort is made by the Agent to give satisfaction to the Client, no warranty, whether express or implied, is given with respect to the matters contained in this Clause and no liability whatsoever is accepted by the Agent for any losses, expenses including legal expenses, damages, costs, claims and/or delay arising from the introduction of the Applicant to the Client.

6. GOVERNING LAW AND JURISDICTION
Applicable Law: These terms and conditions as well as its performance will be governed by and interpreted in accordance with the laws of England.
Resolution of Disputes and Jurisdiction: The parties will endeavour to resolve any dispute under these terms and conditions in good faith. In the absence of amicable resolution, all disputes shall be referred to the exclusive jurisdiction of the English Courts.