Permanent Terms of Business
- We are Dragon Recruitment Limited (15609094). For the purposes of these terms and Conditions, “you” means the company, organisation or other legal person utilising our services. “Candidate(s)” means any person introduced by us to you.
- You are deemed to accept these terms upon an introduction taking place or by subsequently requesting to interview any Candidate introduced by Dragon Recruitment Limited.
- To enable us to introduce suitable candidates to you, you shall provide us with all relevant information on your vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.
- An introduction of a Candidate shall be deemed to take place when we provide you with any information (whether in writing or otherwise) which enables a Candidate to be identified by any means whatsoever, whether that information includes the Candidate’s name or not, and irrespective of whether the Candidate was known previously to you.
- If an appointment of a Candidate is made by you within 12 months of an introduction or any subsequent reintroduction taking place, our fee as set out in clause 8 becomes payable by you.
An appointment is deemed to take place upon the Candidate being employed or engaged (whether on a permanent, temporary or contract basis and whether directly or indirectly), and irrespective of whether there is conditional upon the passing of a probationary period.
- You shall notify us as soon as possible of any appointment of a Candidate and you shall provide us with full written details of the appointment and a copy of any job offer made by you to the Candidate.
- Our fee is calculated as a percentage of a Candidate’s anticipated guaranteed first year’s remuneration, which means a Candidate’s taxable gross total remuneration including, but not limited to, any guaranteed bonus or commission or signing-on fee, any end of year guaranteed bonus, any car allowance or use of a company car (valued at £600 per month), weighting or relocation allowance and any share options or buy outs. You shall provide us with a full statement of the total remuneration to be received by the Candidate.
- If the Candidate is appointed on a part-time basis or for a fixed-term of less than 12 months, for the purposes of calculating our fee, the Candidate’s remuneration shall be equated to the full-time annualised equivalent.
- Our fees are as follows:
- £60,000 and above 22.5%
- Up to £59,999 17.5%
- Introductions are strictly confidential. If within 12 months of an introduction taking place, the Candidate is appointed by (a) any associated or subsidiary organisation of yours, or (b) any other third person to whom you have passed the Candidate’s details, you shall pay to us our fee as set out in clause 8/9 and clause 10 shall not apply.
- If the appointment of a Candidate is terminated within 10 weeks of the commencement of his/her employment with you, we shall pay a rebate to you at the rate of 10% of the fee charged by us for each full week the Candidate did not work during such period.
- No rebate shall be payable if:
(a) You do not notify us in writing within 7 days of the date the appointment is terminated together with the reason(s)
(b) You do not pay our fee within the payment terms set out in clause Il; or
(c) The cause of termination has no bearing on the Candidate’s qualifications, capability or conduct.
- All fees payable by you under these terms are exclusive of VAT, which will be charged at the rate in force at the time you are required to make payment. You agree to pay each fee to us within 25 days of the date of our invoice.
- Except where the Conduct of Employment Agencies and Employment Businesses Regulations 2003 provide otherwise, we do not personally obtain references relating to a Candidate. You are responsible for ensuring the suitability and capability of a Candidate and for taking references to verify skills, qualifications, character, experience, for seeing that the legal and medical requirements relating to a Candidate have been met and for obtaining any work permit.
- Except for liability for fraud or for death or personal injury resulting from negligence, we shall not be liable to you in contract, tort, negligence or otherwise for any loss or damage of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any indirect or consequential loss howsoever arising out of or in connection with these terms or the provision of our services.
- These terms constitute the entire agreement between both us and you in relation to the subject matter and supersede any previous representations or agreements whether recorded in writing or otherwise and apply to the exclusion of any other terms you seek to impose. These terms may only be varied in writing by authorised representatives of both parties.
- Each provision of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
- These terms shall be governed, construed and take effect in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.