Terms & Conditions
ARC AUTOMOTIVE RECRUITMENT CONSULTANTS
Martells Barn, Slough Lane, Colchester CO7 7RU
Terms and Conditions
1. DEFINITIONS
In these Terms and Conditions the following definitions apply:
‘The Employment Agency’ means ARC
‘The Client’ means the person, firm or corporate body to whom the Applicant is introduced.
‘The Applicant’ means the person introduced by the Employment Agency to the Client for engagement.
‘Remuneration’ means that total of all taxable emoluments payable to or receivable by the Applicant pursuant to the Engagement.
2. THE CONTRACT
(a) These Terms and Conditions are deemed to be acceptable by the client by virtue of an interview with or the Engagement of the Applicant.
(b) No variation or alteration to these Terms and Conditions shall be valid unless prior approval in writing by ARC is given.
3. NOTIFICATION AND FEES
(a) In the event that the Applicant accepts the Engagement the Client shall notify the Employment Agency immediately and provide details of the Remuneration. This obligation shall cease 12 months after the introduction of a Candidate by ARC. Where the Candidate is initially rejected by the Client, or the Candidate initially rejects the Client’s offer of Engagement, and is subsequently offered and accepts an Engagement within 12 months of the initial introduction, the Client shall be liable for the fee arising from such Engagement and agrees to notify ARC within 7 days of such Engagement. In the event of a breach of this Clause 3, the Client shall pay ARC an amount equivalent to 50% of the Candidate’s Remuneration Package.
(b) The Employment Agency shall invoice the Client upon appointment of an Applicant and payment must be made in full on commencement of the Engagement. The fee payable by the Client is calculated in accordance with the accompanying scale of fees according to the Remuneration payable to or receivable by the Applicant during the first twelve months of the Engagement notwithstanding that the Engagement may be terminated during that period. All fees are subject to the addition of VAT.
4. INDIRECT INTRODUCTIONS
The Client shall be liable to pay the Employment Agency’s fees in accordance with clause 3 (b) if it refers the Applicant to its subsidiary or associated companies or any third party that engages the Applicant or in any event where an Engagement results directly or indirectly from the introduction of the Employment Agency. The Replacement and Refund Guarantee shall not apply to any indirect introduction.
5. REPLACEMENT GUARANTEE
(a) If the Client pays the Employment Agency’s fees within the period prescribed in the accompanying Replacement Guarantee and the engagement terminates within the specified periods and written notification of termination is received within 14 days the Client will be entitled to a Replacement Applicant in accordance with the provisions of the guarantee.
(b) In the event that the original applicant is subsequently re-engaged by the Client, its subsidiary or associated company or any third party introduced by the Client within the period of six months from the date of termination of the Engagement, the Client shall pay the Employment Agency’s fee calculated in accordance with Clause 3(b) and shall not be entitled to the Replacement Guarantee.
6. SUITABILITY
The Employment Agency endeavours to ensure the suitability of the applicant: notwithstanding this the Client shall take such steps as it deems necessary to satisfy itself as to the suitability of the Applicant and is advised to take up any references provided by the Applicant and/or the Employment Agency before engaging the Applicant. The Client shall be responsible for obtaining work and other permits for the arrangement of medical examinations and/or investigations into the medical history of the Applicant, and satisfying any medical and other requirements or qualifications required by law.
7. LIABILITY
The Employment Agency shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or Engagement of any Applicant or from the failure of the Employment Agency to introduce an Applicant.
8. GDPR/Candidate Privacy
In line with our Privacy Policy, candidate CVs are submitted for consideration under the proviso that they are not retained by clients for longer than 14 days. Exceeding this period without prior approval will be deemed to be a breach of GDPR as it pertains to consent given by the candidate.
9. SCALE OF FEES
Contingency – 15% of First Years Annual Remuneration Package
Managed Advertising – 25% of First Years Remuneration Package, all Advertising Costs and Pre-determined Administration Fee
Search & Selection – 30% of First Years Remuneration Package, 3 x 10%, Handling, Short List and Completion Fee
Temporary Positions – Charged on a pro rata basis to contingency. Positions under 6 months negotiated on a fixed fee basis. Where a temporary position is made permanent than the remainder of the full contingency fee becomes due immediately.
ARC must support any changes to these fees in writing
10. REPLACEMENT GUARANTEE
If the Engagement terminates within 12 weeks, excluding redundancy, we will select and present replacement Applicants. Upon appointment of the Replacement Applicant the Client will receive an invoice for the Replacement Applicant. Only one replacement is provided for in line with the following scale.
To qualify for the Replacement Guarantee, the Client must ensure that payment is received by ARC upon commencement of appointment and notify ARC within 14 days of the date of the termination of the Engagement. The Client should give ARC reasonable time within which to put forward a suitable Replacement Applicant. This will receive the highest priority.
For Engagements terminating during or at the end of:
Weeks 1 to 4: Free Replacement
Weeks 5 to 12: 50% Discount on Replacement Fee
Note:
If payment is not received within 7 days of commencement of appointment the guarantee will not apply.
Effective January 2005
Last amended May 2018