Common use of DEFINITIONS AND MEANINGS Clause in Contracts

DEFINITIONS AND MEANINGS. General definitions (i) which is a member of, director of, or partner in, your company or business, or (ii) of which you are a member, or director or partner, or (iii) for which either you, or a representative of yours is authorised by you (whether expressly or impliedly) to, undertake work (other than solely in a professional capacity) £5,000 (a) the fee you are obliged to pay us in the event of an Engagement, not being a supply by us under different terms relating to the supply of temporary workers or contractors – this is dependent on the type of Engagement as follows: (i) for the permanent hire of a Candidate, namely one that is not agreed by us prior to commencement of the Engagement to be a temporary direct hire of a Candidate, our fee will be calculated in accordance with the Fee Scale with a minimum fee of £2500, save and to the extent that any other scale or terms are stated or agreed by us to apply (ii) for the temporary direct hire of a Candidate other than for a fixed period of less than one year in respect of which we have agreed a concession in accordance with clause 4(f) being one negotiated and agreed with us our fee is an amount based on our current agreed margin charge being a percentage of the weekly or monthly sum that you pay to the Candidate. (iii) for an Engagement in any other circumstances, a fee as if the hire were permanent and the Client shall not be entitled to any pro rata reduction for periods of hire of less than 1 year (b) in any event any Additional Fee (a) during the later of 12 months after (i) an Introduction relating to the Candidate concerned, or (ii) the last Assignment of the Candidate concerned, or (b) after an Introduction where the Introduction was the effective cause of the Engagement Rebate - the proportion of the Fee (but not the Additional Fee) we will rebate in accordance with the Rebate Scale if all of the Rebate Conditions apply and your employment of a Candidate ends within 12 weeks of commencement of the employment (“Timescale”) (a) the arrangement is an Assignment under which the Candidate is employed by you under a contract of service on a basis intended to be permanent, and (b) the Candidate has not previously been Engaged by you, and (c) the employment ends within the Timescale by reason of the fact that the Candidate is wholly unsuitable for the position offered by you and accepted by the Candidate, and (d) you have provided us with full and correct information as to the position sought to be filled in accordance with clause 3(a) in relation to the Candidate, and the position is as described, and (e) you have first paid the relevant Fee no later than 7 days after the earlier of date of commencement of the employment or the date of our invoice , and (f) you have notified us in writing of the fact, and date, of termination no later than 3 working days after the earlier of the date of notice of termination given by either party or the date the employment ends and (g) you have in good faith allowed us to Introduce a suitable replacement Candidate for the same position and we have not, within 10 working days of your notification to us under (f), been able to make such Introduction which leads to an Engagement.

Appears in 1 contract

Sources: Client Terms of Business

DEFINITIONS AND MEANINGS. General definitionsgeneral definitions Additional Fee - a fee agreed between you and us for an Additional Service provided by us, and any Expenses (i) which is a member of, director of, or partner in, your company or business, or (ii) of which you are a member, or director or partner, or (iii) for which either you, or a representative of yours is authorised by you (whether expressly or impliedly) to, undertake work (other than solely in a professional capacity) £5,000 (a) the fee you are obliged to pay us in the event of an Engagement, not being a supply by us under different terms relating to the supply of temporary workers or contractors – this is dependent on the type of Engagement as follows: (i) for the permanent hire of a Candidate, namely one that is not agreed by us prior to commencement of the Engagement to be a temporary direct hire of a Candidate, our fee will be calculated in accordance with the Fee Scale [with a minimum fee of £25004,000], save and to the extent that any other scale or terms are stated or agreed by us to apply (ii) for the temporary direct hire of a Candidate other than for a fixed period of less than one year in respect of which we have agreed a concession in accordance with clause 4(f) being one negotiated and agreed with us our fee is an amount based on our current agreed margin charge being a percentage 33% of the weekly or monthly sum that you pay to the Candidate.Candidate for the period of the hire (iii) for an Engagement in any other circumstances, a fee as if the hire were permanent and the Client shall not be entitled to any pro rata reduction for periods of hire of less than 1 year (b) in any event any Additional Fee (a) during the later of 12 9 months after (i) an Introduction relating to the Candidate concerned, or (ii) the last Assignment of the Candidate concerned, or (b) after an Introduction where the Introduction was the effective cause of the Engagement Rebate - the proportion of the Fee (but not the Additional Fee) we will rebate in accordance with the Rebate Scale if all of the Rebate Conditions apply and your employment of a Candidate ends within 12 weeks of commencement of the employment (“Timescale”) (a) the arrangement is an Assignment under which the Candidate is employed by you under a contract of service on a basis intended to be permanent, and (b) the Candidate has not previously been Engaged by you, and (c) the employment ends within the Timescale by reason of the fact that the Candidate is wholly unsuitable for the position offered by you and accepted by the Candidate, and (d) you have provided us with full and correct information as to the position sought to be filled in accordance with clause 3(a) in relation to the Candidate, and the position is as described, and (e) you have first paid the relevant Fee no later than 7 days after the earlier of date of commencement of the employment or the date of our invoice , and (f) you have notified us in writing of the fact, and date, of termination no later than 3 working days after the earlier of the date of notice of termination given by either party or the date the employment ends and (g) you have in good faith allowed us to Introduce a suitable replacement Candidate for the same position and we have not, within 10 working days of your notification to us under (f), been able to make such Introduction which leads to an Engagement.

Appears in 1 contract

Sources: Terms of Business