Terms & Conditions
1.These Terms and Conditions describe the terms upon which Maxfield Search and Selection("Maxfield") conducts its business with ("Client"). In this case Client" means all and any Person or Firm or associate thereof or any Company, Authority, Organisation or any subsidiary or Associate thereof whether in the UK or abroad and to whom a candidate is introduced by Maxfield directly or indirectly.
2. These Terms apply to the exclusion of and shall prevail in all respects over all and any other Terms and no variation shall be made without prior written consent of a Director of Maxfield.
3. The interviewing, engagement, or hire of any candidate introduced by Maxfield to the Client, whether on a permanent or temporary basis shall automatically constitute acceptance of these Terms by the Client.
4. Maxfield does not seek or take up references, unless requested to do so, but endeavours to ensure the suitability of any candidate introduced to the Client. Maxfield accepts no liability whatsoever for any loss that may arise as a result of an introduction of a candidate to the Client. In particular, whilst Maxfield takes reasonable steps to ensure that a candidate is suitable for the position offered by a Client, no liability shall attach to Maxfield for any loss of any nature suffered by a Client in the event of any dishonesty, incapacity (whether mental or physical) or detrimental conduct on the part of the candidate.
5. Introductions are confidential and personal to each Client. If anyone introduced by Maxfield to the Client is introduced by the Client to another employer and this results in an engagement within twelve months whether permanent or temporary or if the Client subsequently engages the candidate within the period of twelve months from the date of introduction for any reason, then the Client shall pay to Maxfield an introduction fee calculated at the rate payable of the candidates first year total remuneration as per the payment schedule in clause 13.
6. The Client shall notify Maxfield immediately on the occurrence of any event (including engaging a permanent or temporary candidate) which might give rise to an obligation on such client to pay fees pursuant to these Terms, and shall provide immediately on request all relevant information to enable the appropriate sum due to be invoiced.
7. Any amendments or additions to these agreed Terms must be mutually agreed in writing.
8. In the event of a candidate leaving the Client's employ within twelve weeks of commencement, the Client will be credited with a refund equivalent to 1/12th of the fee for each complete week not worked during the guarantee period of twelve weeks, provided that Maxfield are notified in writing within seven days of termination of the employment and the invoice for the fee has been paid in full within 14 days of the date of the fee invoice. No refunds are applicable in the case of redundancy.
9. These Terms shall be construed in accordance with the appropriate governing law.
10. Any fees or payments due to Maxfield shall be paid within 14 days of the relevant invoice. Maxfield reserves the right to charge interest on any amount outstanding after this period up to and including the day of payment at a rate of 3% above the prevailing base rate of Barclays Bank Plc.
11. The fees payable by the Client to Maxfield in respect of each candidate are subject to VAT at the prevailing rate. 12. Due to the varying nature of the assignments, any retainer fee will be agreed on a case by case basis.
13. The recruitment fee becomes due when a candidate referred or introduced by Maxfield commences employment or engagement with the Client. The recruitment fee will be 30% of the candidate's total first year compensation including any base or draw salary, bonus(es) and/or incentives and or commission earned by the candidate in respect of the first 12 months of the candidate's employment with the Client, minus any retainer payment. If the successful candidate has received a full year guarantee and the guarantee is expected to match the successful candidate's actual first year compensation then the recruitment fee will be calculated simply as a function of the guarantee. In the event that the successful candidate received no guarantee or if the guarantee is defined as a minimum floor, the recruitment fee will be calculated according to a reasonable estimate of the first full year total compensation and/or market compensation levels for a similar position, as mutually agreed upon at the completion of the search by Maxfield and the Client.
14. The Client agrees to provide Maxfield with confirmation of the total basic salary and all other guaranteed payments (including, without limitation, all guaranteed bonuses or commission) and all other bonus(es) and or incentives and/or commission earned by the candidate in respect of the first 12 months of the candidate's employment with the Client.
15. Should Maxfield incur additional expenses (travel, entertainment, hotels etc) on behalf of, and with the Client's written agreement obtained prior to incurring such additional expenses, these expenses shall be paid by the Client within 28 days of receipt of invoice and copies of the receipts relating to the relevant expenses.