Terms and Conditions

Please read these terms and conditions carefully they set out the basis on which Maxwell Bond Limited (“Maxwell Bond”) introduce Candidates.  They will apply to any and all Candidates we refer unless we expressly agree otherwise.

 

These terms of business set out the basis on which Maxwell Bond provides Candidates to any business, organisation or individual a (“Client”) in relation to the recruitment of staff.  Maxwell Bond acts as an employment agency and in the event of an Introduction, as defined below, a Client is deemed to accept these Terms of Business unless Maxwell Bond expressly agrees to any variation.

 

 

  • “Candidate” means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Candidate if the Candidate is a limited company and members of the Agency’s own staff;
  • “Client” means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Candidate is introduced;
  •  “Engagement” means the Engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other Engagement; directly or through a limited company of which the Candidate is an officer or employee;
  • “Introduction” means as set out Part 1 of these terms of business.
  • “Remuneration” includes base salary, any guarantees and/or anticipated bonus, allowances, inducement payments, payable to or receivable by the Candidate for services rendered to or on behalf of the Client.
  • “Representation Period” means the period of 12 calendar months from the Introduction of the Candidate and set out in Part 1 of these terms of business.

 

1.  Introduction.

An Introduction shall occur where Maxwell Bond provides a Client with a CV or the details of a Candidate for employment or engagement of services and either –

  1. the Client accepts the CV; or
  2. the Client has received the CV from another source in the previous 3 weeks and has not confirmed this within 2 working days of receipt of the CV or details; or
  3. the Client interviews the Candidate; or
  4. the Client employs or engages the Candidate.

 

The Introduction shall continue for the period of 12 months (“Representation Period”) from the date the CV or Candidate details were provided.  For the avoidance of doubt the fact that a Candidate is introduced or referred from another source or makes a direct application for employment will not reduce or end the period of an Introduction.

 

 

2.  Warranty

Whilst Maxwell Bond will use its reasonable endeavours to ensure that the details set out in a CV or otherwise provided by it on a Candidate are accurate it makes no express warranties and specifically disclaims any implied warranties with respect to the information provided to the extent permissible by law.  The Client agrees and undertakes to carry out such checks as it may require on the information provided to assure itself of the accuracy of any information and the suitability of any Candidate.

 

3.  Client Obligations

The Client shall confirm to Maxwell Bond when and if:-

  1. a Candidate is offered employment or an engagement for services; and
  2. a Candidate accepts any offer of employment or engagement for services; and
  3. a Candidate begins employment or the provision of services.

The Client shall provide the confirmation when the offer, acceptance or commencement relates to the Client or an associated business.  As part of the confirmation the client shall confirm the remuneration package offered and accepted.

 

4.  Fees

Where a Candidate is employed or engaged to provide services by a Client during the period of an Introduction the Client shall pay Maxwell Bond the Recruitment Fee.  The Recruitment Fee shall be calculated as a percentage of the remuneration package the candidate will be entitled to in the first year of employment or engagement.

The remuneration package of a candidate shall include all salary, car allowance or company car, fees, bonuses, benefits in kind or similar allowances and the value shall be as required by HMRC in the assessment of taxes.

The Recruitment Fee shall be calculated as 25% of the remuneration package the candidate receives with a minimum introduction fee of £5,000 plus VAT being payable.

If the Client introduces or refers a Candidate for whom it has not paid a Recruitment Fee and who is the subject of an Introduction to an associated business (including but not limited to a parent, subsidiary or holding company) the Client shall pay Maxwell Bond the Recruitment Fee based on the basic salary provided by the associated business.

The Recruitment Fees do not include any VAT and the Client shall pay VAT at the appropriate rate on any Recruitment Fee.

In the event the Client subsequently engages the Candidate within the period of 12 calendar months from the date of the introduction, the Client must inform the agency within 7 days of the Engagement and accepts that they will be invoiced as per this clause 4. Failure to inform the Maxwell Bond within 7 days of the Engagement, the Client agrees to pay a fee calculated at 40% of the anticipated Candidate salary or £15,000 whichever is the greater. (and a guarantee or retainer if applicable).

 

5.  Payment of fees

Recruitment Fees shall become due when a Candidate is engaged either directly, indirectly or via another third party in a either temporary contract, contract for services, fixed term contract or begins employment with the client and Maxwell Bond shall invoice Clients for any Recruitment Fees due.  Invoices are due 14 days from the date of any invoice and the Client agrees to pay within 14 days of the date of the invoice.

If the Client fails to pay the invoice within the agreed 14 days of receipt of the invoice, the fee due to Maxwell Bond will revert back to Maxwell Bond’s standard 25% introduction fee, which will be calculated as a percentage of the basic salary, the Candidate will be entitled to in the first year of employment or engagement, excluding commission, bonuses, car allowances or other remuneration or benefits (“Basic Salary”).

 

6.  Rebate

Where a Candidate for whom a Recruitment Fee is due leaves employment for any reason within 8 weeks of beginning employment Maxwell Bond shall provide Candidates to replace the Candidate who has left.  If the Client employs or engages one of the replacement Candidates no further Recruitment Fee shall be payable for that Candidate.  If the Client employs or engages more than one Candidate a Recruitment Fee shall be due for any additional Candidates.  In order to qualify for a Replacement Candidates;-

  1. the Client must inform Maxwell Bond within 5 working days of the Candidate leaving employment; and
  2. The Candidate did not leave employment by virtue of redundancy.
  3. The Maxwell Bond invoice must be paid within 14 days of receipt.

The Recruitment Fee shall not be repaid in any circumstances.

 

7.  Miscellaneous

 

No Agency: Nothing in these Terms of Business shall constitute any partnership, agency or agreement of employment between the parties.

 

 

Intellectual Property Rights: Except as expressly stated in these Terms of Business nothing in these terms shall grant or be deemed to grant either party any right, title or interest in any intellectual property rights owned by the other party and nothing in this agreement shall entitle either party to use the other party's logos or trademarks or any other intellectual property rights in any way whatsoever without the prior written consent of the other party.

 

 

Variation: Amendments to these Terms of Business shall not be effective unless confirmed by a Director on behalf of Maxwell Bond.

 

 

Waiver: Neither party shall have been deemed to have waived any right under these Terms of Business by reason of or failure or delay in exercising a right.

 

 

Entire Agreement: These Terms of Business contain the whole agreement between the parties relating to its subject matter and supersedes all previous written or oral agreements relating to it. These Terms constitute the contract between the Maxwell Bond and Client and are deemed to be accepted by virtue of an Introduction to the Client, or the Engagement of a Candidate or the passing of any information about the Candidate to any third party following an Introduction.

 

 

 

 

These Terms of Business have been ratified and crystallised as an agreement in the event the Client accepts CVs from Maxwell Bond even when the Terms of Business have not been signed by the Client.

 

Headings: The headings to the clauses in this agreement are for ease of reference only and shall not affect their interpretation.

 

 

Severance: If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable it may be severed from these Terms of Business and the remaining provisions of the agreement shall remain in full force and effect. The parties shall seek to amend such provision in such reasonable manner as achieves the intention of the parties without illegality.

 

 

Third Party Rights: No person who is not a party to these Terms of Business shall have any rights to enforce its provisions.

 

 

Data Protection: Each party shall comply with the General Data Protection Regulations (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the terms “Data Controller” (“The Agency”) and “Data Processor” (“The Client”) will have the meanings given to them under the GDPR. To the extent that any data or information provided by one party to the other party contains personal data within the meaning of the Act or equivalent legislation, the party deemed to be the Data Processor will: (i) process such data and information only in accordance with the Data Controller’s instructions; (ii) not transmit such data and information to a country or territory outside the European Economic Area without the Data Controller’s prior written consent unless at least one of the permitted derogations set out in the GDPR ; and (iii) take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate.

 

 

Anti Bribery & Corruption: Maxwell Bond is a recruitment business who comply with all applicable laws, statutes, directives and/or regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; We do not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010; including but not limited to; to offer, promise, give, request, agree, receive or accept bribes. You will comply with the UK law for Anti-Bribery or equivalent (as amended from time to time), a copy of which is available from our website, including but not limited to implementing ‘adequate procedures’ in line with the guidance issued by the Secretary of State under section 9 of the Bribery Act 2010; promptly report to Agency any request or demand which if complied with would amount to a breach of either this Agreement; ensure that any person associated with it who is performing services and/or providing goods in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the [Client/Candidate] in this clause.

 

 

 

 

Any breach of this clause shall be deemed a material breach of this Agreement entitling Maxwell Bond to terminate it immediately.

 

8. Non Solicitation

The Client shall not during nor for the period of 12 months thereafter directly or indirectly employ or otherwise engage (or seek to employ or engage) any employees or other workers of Maxwell Bond or any staff with whom the Client has had contact during any recruitment process. A breach of this clause ensures the Client agrees to pay Maxwell Bond a transfer fee of £15,000. This fee is non-negotiable and will have no refund caveat.

9.  Law and Jurisdiction

These Terms of Business shall be governed by and construed and interpreted in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.