SUPPLIER AGREEMENT FOR THE SUPPLY OF PERMANENT RECRUITMENT SERVICES

 

BETWEEN

 

1ST CONNECT UK

AND

 

……………………………………………………………………………….

 

This AGREEMENT is made between:

 

  • 1st Connect UK a company incorporated in England under registration number --------- and having its registered address at …………………………..(hereinafter called the ‘Client)

And

 

  • ……………………………………..

A company incorporated in the United Kingdom under registration number…………………… and having its registered address at ………………..(hereinafter called the ‘supplier’)

 

 

BACKGROUND

 A      This Agreement sets out the understanding the Client has reached with the Supplier for the provision of the Services by the Supplier to the Client

 The Client has appointed the Supplier as a non-exclusive supplier of recruitment services and the Supplier agrees to provide such services in accordance with the terms of this Agreement

  THEREFORE THE  PARTIES AGREE AS FOLLOWS:

 

  1. Definitions and Interpretations

 

  1. In this Agreement, the following words shall have the following meanings:

 

‘Business Days” means a day, other than a Saturday or a Sunday, on which UK clearing banks are open for ordinary banking business in England:

‘Candidate’      means the person introduced by the Supplier to the Client for an Engagement:

‘Engagement” means the engagement, employment or use of a Candidate by the Client on a fixed term or permanent basis, and ‘Engage’, ‘Engages’ and ‘Engaged” shall be construed accordingly:

‘Introduction’ means the submission by the Supplier to the Client of a curriculum vitae or other information which identifies a Candidate and which leads to an Engagement, and ‘Introduce’, ‘Introduces’ and “Introduced’ shall be construed accordingly:

 

‘Introduction Fee”  means the fee payable by the Client to the Supplier for an Introduction, payable in accordance with clause 6 of the Agreement and exclusive of VAT at the prevailing rate from time to time:

‘Remuneration’       means the base salary payable in respect of an Engagement (excluding bonuses, commission, car allowances or any other similar payment) unless otherwise agreed between the parties in writing:

‘Services’               means the supply of permanent and fixed-term contingency based recruitment services in order to fill each of the Requirement.

 

  1. Application of Agreement

 

2.1     The Supplier acknowledges that, pursuant to this Agreement, it is not being appointed as an exclusive supplier of any recruitment services and the Client may at any time perform any part of the Services itself or procure them from a third party.  

2.2     The Supplier acts as an employment agency (as defined in section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by the Client in respect of each Requirement, in accordance with the terms of this Agreement.

 

  1. Supplier Responsibilities

 3.1 The Supplier a

3.1.1   use its best endeavours to source Candidates for the Client who are suitable for fulfiliing the Requirement;

  1. 1.2 co-operate fully with the Client in all matters relating to this Agreement, including operating with the timeframes agreed by the Client and updating the Client on the progress of the recruitment process on such timescales as may be agreed with the Client from time to time; and

3.1.3 use all reasonable skill and care in the performance of its obligations under this Agreement.

 

4  Suitability Checks

 

4.1 The Supplier endeavours to ensure the suitability of Candidates to the client to work in the position which the Client seeks to fill by taking professional and reasonably practicable steps to:

4.1.1 ensure that the Introduction or Engagement would not be detrimental to the interests of either the Client or the Candidate.

4.1.2 ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

4.1.3 confirm that the Candidate is willing to work in the position; and

4.1.4 confirm that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any processional body.

 

5 Introductions and Client Notifications

 

5.1 If the Supplier wishes to introduce a Candidate to the Client, it shall:

 

5.1.1 submit the Candidate’s CV to the relevant Client director (as notified by the Client to the Supplier) as well as to the clients internal recruitment team by e-mail, to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

5.1.2 confirm to the Client, by e-mail, the following information in relations to the candidate (as a minimum):

  • Type of interview which has taken plae prior to Introduction (face-to-face or telephone)
  • Reason why face-to-face interview did not take place (if applicable)
  • Confirmation that the Candidate has, expressly, authorised the Supplier to represent him or her in relation to the specific role:
  • Confirmation that the Candidate has previously worked in the recruitment industry and the Candidates current level/position.
  • Current salary and benefits package (GBP):
  • Salary and expectation (GBP)
  • Billings in the previous 12 months (GBP)
  • Reason why Candidate is on the market:
  • Candidate has not applier or been introduced to, or been contacted directly by the Client within the previous 6 months.

 The completion of each of these requirements by the Supplier shall be a Valid Introduction (and ‘Validity Introduce’ and ‘Validly Introduced’ shall be construed accordingly)

 5.2  If, 2 Business Days following the date of a Valid Introduction, the client shall not have informed the Supplier that the relevant Candidate, Validly Introduced, has been sourced by the Client or become known or introduced (by another supplier, or otherwise) to the Client, at any time, during the previous 6 months, by whatever means, such Valid Introduction shall be deemed to be a confirmed Introduction (‘Confirmed Introduction’)

 5.3 If within 6 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in the role he or she was Validly Introduced for (such valid Introduction becoming or converting to the Confirmed Introduction) then the Client shall pay the Introduction Fee, subject to the terms and conditions of this Agreement.

  5.4 If within 3 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in a different role to that which he or she was Validly Introduced for (such Valid Introduction becoming or converting to the Confirmed Introduction but provided always that the Client, at its sole discretion, acting reasonably is satisfied that the Confirmed Introduction was the direct cause of the Candidates Engagement by the Client, then the Client shall pay the Introduction Fee, subject to the terms and conditions of this agreement.

 

5.5 For the avoidance of doubt;

 

       5.5.1  If the Supplier fails to meet any of the requirements contained in clause 5.1.2., then the Introduction of a Candidate shall not be Valid Introduction (’Invalid introduction). An Invalid Introduction shall no, under any circumstances, convert to or become a Confirmed Introduction ad No Introduction Fee shall be payable to a Supplier in the event that the Client Engages the Candidates following such Invalid Introduction: and

      

       5.5.2       No Introduction Fee shall be payable to the Supplier in the event that the Client Engages a Candidate following a Valid Introduction, if that Valid Introduction did not convert oto or become a Confirmed Introduction: and

        5.5.3 If, following a Confirmed Introduction, a Candidate is Engaged by the client in a role other than that the Candidate was Validly Introduced for (such Valid Introduction, converting to the Confirmed Introduction), unless the Client is satisfied, at its own discretion, acting reasonably, the Confirmed introduction was the direct cause of the Candidates, Engagement by the Client, no Introduction Fee shall be payable by the Client to the Supplier in respect of such Engagement.

 5.6 The Client shall notify the Supplier as soon as reasonably practicable of its intention to make any offer of an Engagement to a candidate follow a Confirmed introduction, at which point, the Supplier shall supply to the Client proof of the Candidates’ right to work in the UK (“Proof’)

 5.7 Upon receipt of the Proof, the Client shall notify the Supplier of the terms of the offer of the Engagement and, as soon as reasonably practicable, that offer of an Engagement to the Candidate has been accepted and to provide details to the Supplier of the Remuneration agreed with the Candidate

 

 

6     Fees

 

6.1 All Introduction Fees shall be calculated in accordance with the provisions of claues 6.2 and where applicalbe clause 6.3, by the due date for payment in clause 6.4

 

6.2 The Introduction Fee payable to the Supplier by the Client is calculated in accordance with the fee scale below expressed as a percentage of the Candidates Remuneration based on the Candidates length of experience in the recruitment industry.

 

We have to decide on our FEE STRUCTURE

      

6.3 Where prior to the commencement of the Engagement, the supplier and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Intruduction Fee will be calculated in accordace with the fee scale set out in clause 6.2 and pro-rated in proportioin to the length of the contrat up to a maximum period of 12 months.

 

6.4 The Introduction Fee shall be payable within 30 days of the date of the Supplier’s invoice, which shall only be rendered in respect of Introduction Fees contractually payable under the term so of this agreement (a) in respect of Introduction Fee (Part 1

 

7     Refunds

 

7.1 If an Engagement is terminated by either the Candidate or the Client before the expiry of 12 weeks from the date of commencement of the Engagement: the Supplier will refund the Introduction Fee in accordance with the scale set out below:

 

       0-4 weeks – 100%

       5-8 weeks – 75%

       9-12 weeks – 50%

 

7.2 For the purposes of this clause 7, the Client will notify the Supplier in writing of the termination of the Engagement within 7 days of its termination.

 

8     Confidentiality

 

8.1 Information relating to either party’s business which is capable of being confidential must be kept confidential by the other party and divulged to any third party except information which is in the public domain.

 

9     Liability

 

       9.1  The Supplier shall indemnify and hold the Client harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, loss of goodwill and loss of data) costs compensation, proceedings, damages and expenses (indlucing legal and other professional fees and expenses) awarded against, or incurred or paid by, the Client as a result of or in connection with the Supplier seeking a Candidate for the Client or the Introduction to or Engagement by the Client of any Candidate. 

 

10   Termination

 

10.1  Either party may terminate this Agreement immediately on giving notice in writing to the other party (‘Defaulting Party’)

 

10.1.1    The Defaulting Party commits a material breach of this Agrement and (in the case of a breach capable of being remeded) shall have failed to remedy the breach within ten (10) business days after receiving a written notice of the breach requiring the breach to be remedied within such period : or

10.1.2    The Defaulting Party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrotor appointed, enters into any composition with creditors generally is wound up or any step is taken towards any of these events.

 

10.2       Either party may terminate this Agreement by giving to the other party no less than 30 days wirtten notice. For the avoidance of doubt, termination of this Agreement shall be without prejudice to all accrued rights and obligations of either party to the other. For the avoidance of doubt, any provision of this Agreement shall not be affected by termination.

 

11         Non-Solicitation

 

11.1       The Supplier agrees that it will not, either on it’s own account, or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of six months following the termination or expiry of this Agreement, solicit or entice away or attempt to entice away, or procure (whether directly or indirectly) the employment or engagement of, any member of the Clients staff.

 

11.2       In the even the Supplier fails to comply with the Clause 11.1, the Supplier shall be removed from the Clients approved supplier list and shall be liable to pay to the Client a sum equivalent to the annual salary of the member of the Clients staff solicited by the Supplier, which the Supplier agrees and acknowledges is a genuine pre-estimate of the Clients loss.

 

12          General

 

12.1       This Agreement constitutes the whole Agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.

 

  1. 2  This Agreement (including any non-contractual disputes) shall be governed by the law of England and is subject to the exclusive jurisdiction of the Courts of England.

 

 

IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate.

 

For the Client                     For the Supplier

 

 

………………………………………    ………………………………..

 

NAME: …………………………….  NAME……………..……….

 

Title: ………………………………   Title…………………..…….

 

 

Dates:……………………………… Date:……………………….

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPPLIER AGREEMENT FOR THE SUPPLY OF PERMANENT RECRUITMENT SERVICES

 

BETWEEN

 

1ST CONNECT UK

AND

 

……………………………………………………………………………….

 

This AGREEMENT is made between:

 

  • 1st Connect UK a company incorporated in England under registration number --------- and having its registered address at …………………………..(hereinafter called the ‘Client)

And

 

  • ……………………………………..

A company incorporated in the United Kingdom under registration number…………………… and having its registered address at ………………..(hereinafter called the ‘supplier’)

 

 

BACKGROUND

 

A      This Agreement sets out the understanding the Client has reached with the Supplier for the provision of the Services by the Supplier to the Client

 

  1. The Client has appointed the Supplier as a non-exclusive supplier of recruitment services and the Supplier agrees to provide such services in accordance with the terms of this Agreement

 

 

THEREFORE THE  PARTIES AGREE AS FOLLOWS:

 

  1. Definitions and Interpretations

 

  1. In this Agreement, the following words shall have the following meanings:

 

‘Business Days” means a day, other than a Saturday or a Sunday, on which UK clearing banks are open for ordinary banking business in England:

‘Candidate’      means the person introduced by the Supplier to the Client for an Engagement:

‘Engagement” means the engagement, employment or use of a Candidate by the Client on a fixed term or permanent basis, and ‘Engage’, ‘Engages’ and ‘Engaged” shall be construed accordingly:

‘Introduction’ means the submission by the Supplier to the Client of a curriculum vitae or other information which identifies a Candidate and which leads to an Engagement, and ‘Introduce’, ‘Introduces’ and “Introduced’ shall be construed accordingly:

 

‘Introduction Fee”  means the fee payable by the Client to the Supplier for an Introduction, payable in accordance with clause 6 of the Agreement and exclusive of VAT at the prevailing rate from time to time:

‘Remuneration’       means the base salary payable in respect of an Engagement (excluding bonuses, commission, car allowances or any other similar payment) unless otherwise agreed between the parties in writing:

‘Services’               means the supply of permanent and fixed-term contingency based recruitment services in order to fill each of the Requirement.

 

  1. Application of Agreement

 

2.1     The Supplier acknowledges that, pursuant to this Agreement, it is not being appointed as an exclusive supplier of any recruitment services and the Client may at any time perform any part of the Services itself or procure them from a third party.  

2.2     The Supplier acts as an employment agency (as defined in section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by the Client in respect of each Requirement, in accordance with the terms of this Agreement.

 

  1. Supplier Responsibilities

 

3.1 The Supplier agrees to:

 

3.1.1   use its best endeavours to source Candidates for the Client who are suitable for fulfiliing the Requirement;

  1. 1.2 co-operate fully with the Client in all matters relating to this Agreement, including operating with the timeframes agreed by the Client and updating the Client on the progress of the recruitment process on such timescales as may be agreed with the Client from time to time; and

3.1.3 use all reasonable skill and care in the performance of its obligations under this Agreement.

 

 


4  Suitability Checks

 

4.1 The Supplier endeavours to ensure the suitability of Candidates to the client to work in the position which the Client seeks to fill by taking professional and reasonably practicable steps to:

4.1.1 ensure that the Introduction or Engagement would not be detrimental to the interests of either the Client or the Candidate.

4.1.2 ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

4.1.3 confirm that the Candidate is willing to work in the position; and

4.1.4 confirm that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any processional body.

 

5 Introductions and Client Notifications

 

5.1 If the Supplier wishes to introduce a Candidate to the Client, it shall:

 

5.1.1 submit the Candidate’s CV to the relevant Client director (as notified by the Client to the Supplier) as well as to the clients internal recruitment team by e-mail, to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

5.1.2 confirm to the Client, by e-mail, the following information in relations to the candidate (as a minimum):

  • Type of interview which has taken plae prior to Introduction (face-to-face or telephone)
  • Reason why face-to-face interview did not take place (if applicable)
  • Confirmation that the Candidate has, expressly, authorised the Supplier to represent him or her in relation to the specific role:
  • Confirmation that the Candidate has previously worked in the recruitment industry and the Candidates current level/position.
  • Current salary and benefits package (GBP):
  • Salary and expectation (GBP)
  • Billings in the previous 12 months (GBP)
  • Reason why Candidate is on the market:
  • Candidate has not applier or been introduced to, or been contacted directly by the Client within the previous 6 months.

 

The completion of each of these requirements by the Supplier shall be a Valid Introduction (and ‘Validity Introduce’ and ‘Validly Introduced’ shall be construed accordingly)

 

5.2  If, 2 Business Days following the date of a Valid Introduction, the client shall not have informed the Supplier that the relevant Candidate, Validly Introduced, has been sourced by the Client or become known or introduced (by another supplier, or otherwise) to the Client, at any time, during the previous 6 months, by whatever means, such Valid Introduction shall be deemed to be a confirmed Introduction (‘Confirmed Introduction’)

 

5.3 If within 6 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in the role he or she was Validly Introduced for (such valid Introduction becoming or converting to the Confirmed Introduction) then the Client shall pay the Introduction Fee, subject to the terms and conditions of this Agreement.

 

 5.4 If within 3 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in a different role to that which he or she was Validly Introduced for (such Valid Introduction becoming or converting to the Confirmed Introduction but provided always that the Client, at its sole discretion, acting reasonably is satisfied that the Confirmed Introduction was the direct cause of the Candidates Engagement by the Client, then the Client shall pay the Introduction Fee, subject to the terms and conditions of this agreement.

 

5.5 For the avoidance of doubt;

 

       5.5.1  If the Supplier fails to meet any of the requirements contained in clause 5.1.2., then the Introduction of a Candidate shall not be Valid Introduction (’Invalid introduction). An Invalid Introduction shall no, under any circumstances, convert to or become a Confirmed Introduction ad No Introduction Fee shall be payable to a Supplier in the event that the Client Engages the Candidates following such Invalid Introduction: and

      

       5.5.2       No Introduction Fee shall be payable to the Supplier in the event that the Client Engages a Candidate following a Valid Introduction, if that Valid Introduction did not convert oto or become a Confirmed Introduction: and

 

       5.5.3 If, following a Confirmed Introduction, a Candidate is Engaged by the client in a role other than that the Candidate was Validly Introduced for (such Valid Introduction, converting to the Confirmed Introduction), unless the Client is satisfied, at its own discretion, acting reasonably, the Confirmed introduction was the direct cause of the Candidates, Engagement by the Client, no Introduction Fee shall be payable by the Client to the Supplier in respect of such Engagement.

 

5.6 The Client shall notify the Supplier as soon as reasonably practicable of its intention to make any offer of an Engagement to a candidate follow a Confirmed introduction, at which point, the Supplier shall supply to the Client proof of the Candidates’ right to work in the UK (“Proof’)

 

5.7 Upon receipt of the Proof, the Client shall notify the Supplier of the terms of the offer of the Engagement and, as soon as reasonably practicable, that offer of an Engagement to the Candidate has been accepted and to provide details to the Supplier of the Remuneration agreed with the Candidate

 

 

6     Fees

 

6.1 All Introduction Fees shall be calculated in accordance with the provisions of claues 6.2 and where applicalbe clause 6.3, by the due date for payment in clause 6.4

 

6.2 The Introduction Fee payable to the Supplier by the Client is calculated in accordance with the fee scale below expressed as a percentage of the Candidates Remuneration based on the Candidates length of experience in the recruitment industry.

 

We have to decide on our FEE STRUCTURE

      

6.3 Where prior to the commencement of the Engagement, the supplier and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Intruduction Fee will be calculated in accordace with the fee scale set out in clause 6.2 and pro-rated in proportioin to the length of the contrat up to a maximum period of 12 months.

 

6.4 The Introduction Fee shall be payable within 30 days of the date of the Supplier’s invoice, which shall only be rendered in respect of Introduction Fees contractually payable under the term so of this agreement (a) in respect of Introduction Fee (Part 1

 

7     Refunds

 

7.1 If an Engagement is terminated by either the Candidate or the Client before the expiry of 12 weeks from the date of commencement of the Engagement: the Supplier will refund the Introduction Fee in accordance with the scale set out below:

 

       0-4 weeks – 100%

       5-8 weeks – 75%

       9-12 weeks – 50%

 

7.2 For the purposes of this clause 7, the Client will notify the Supplier in writing of the termination of the Engagement within 7 days of its termination.

 

8     Confidentiality

 

8.1 Information relating to either party’s business which is capable of being confidential must be kept confidential by the other party and divulged to any third party except information which is in the public domain.

 

9     Liability

 

       9.1  The Supplier shall indemnify and hold the Client harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, loss of goodwill and loss of data) costs compensation, proceedings, damages and expenses (indlucing legal and other professional fees and expenses) awarded against, or incurred or paid by, the Client as a result of or in connection with the Supplier seeking a Candidate for the Client or the Introduction to or Engagement by the Client of any Candidate. 

 

10   Termination

 

10.1  Either party may terminate this Agreement immediately on giving notice in writing to the other party (‘Defaulting Party’)

 

10.1.1    The Defaulting Party commits a material breach of this Agrement and (in the case of a breach capable of being remeded) shall have failed to remedy the breach within ten (10) business days after receiving a written notice of the breach requiring the breach to be remedied within such period : or

10.1.2    The Defaulting Party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrotor appointed, enters into any composition with creditors generally is wound up or any step is taken towards any of these events.

 

10.2       Either party may terminate this Agreement by giving to the other party no less than 30 days wirtten notice. For the avoidance of doubt, termination of this Agreement shall be without prejudice to all accrued rights and obligations of either party to the other. For the avoidance of doubt, any provision of this Agreement shall not be affected by termination.

 

11         Non-Solicitation

 

11.1       The Supplier agrees that it will not, either on it’s own account, or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of six months following the termination or expiry of this Agreement, solicit or entice away or attempt to entice away, or procure (whether directly or indirectly) the employment or engagement of, any member of the Clients staff.

 

11.2       In the even the Supplier fails to comply with the Clause 11.1, the Supplier shall be removed from the Clients approved supplier list and shall be liable to pay to the Client a sum equivalent to the annual salary of the member of the Clients staff solicited by the Supplier, which the Supplier agrees and acknowledges is a genuine pre-estimate of the Clients loss.

 

12          General

 

12.1       This Agreement constitutes the whole Agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.

 

  1. 2  This Agreement (including any non-contractual disputes) shall be governed by the law of England and is subject to the exclusive jurisdiction of the Courts of England.

 

 

IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate.

 

For the Client                     For the Supplier

 

 

………………………………………    ………………………………..

 

NAME: …………………………….  NAME……………..……….

 

Title: ………………………………   Title…………………..…….

 

 

Dates:……………………………… Date:……………………….

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPPLIER AGREEMENT FOR THE SUPPLY OF PERMANENT RECRUITMENT SERVICES

 

BETWEEN

 

1ST CONNECT UK

AND

 

……………………………………………………………………………….

 

This AGREEMENT is made between:

 

  • 1st Connect UK a company incorporated in England under registration number --------- and having its registered address at …………………………..(hereinafter called the ‘Client)

And

 

  • ……………………………………..

A company incorporated in the United Kingdom under registration number…………………… and having its registered address at ………………..(hereinafter called the ‘supplier’)

 

 

BACKGROUND

 

A      This Agreement sets out the understanding the Client has reached with the Supplier for the provision of the Services by the Supplier to the Client

 

  1. The Client has appointed the Supplier as a non-exclusive supplier of recruitment services and the Supplier agrees to provide such services in accordance with the terms of this Agreement

 

 

THEREFORE THE  PARTIES AGREE AS FOLLOWS:

 

  1. Definitions and Interpretations

 

  1. In this Agreement, the following words shall have the following meanings:

 

‘Business Days” means a day, other than a Saturday or a Sunday, on which UK clearing banks are open for ordinary banking business in England:

‘Candidate’      means the person introduced by the Supplier to the Client for an Engagement:

‘Engagement” means the engagement, employment or use of a Candidate by the Client on a fixed term or permanent basis, and ‘Engage’, ‘Engages’ and ‘Engaged” shall be construed accordingly:

‘Introduction’ means the submission by the Supplier to the Client of a curriculum vitae or other information which identifies a Candidate and which leads to an Engagement, and ‘Introduce’, ‘Introduces’ and “Introduced’ shall be construed accordingly:

 

‘Introduction Fee”  means the fee payable by the Client to the Supplier for an Introduction, payable in accordance with clause 6 of the Agreement and exclusive of VAT at the prevailing rate from time to time:

‘Remuneration’       means the base salary payable in respect of an Engagement (excluding bonuses, commission, car allowances or any other similar payment) unless otherwise agreed between the parties in writing:

‘Services’               means the supply of permanent and fixed-term contingency based recruitment services in order to fill each of the Requirement.

 

  1. Application of Agreement

 

2.1     The Supplier acknowledges that, pursuant to this Agreement, it is not being appointed as an exclusive supplier of any recruitment services and the Client may at any time perform any part of the Services itself or procure them from a third party.  

2.2     The Supplier acts as an employment agency (as defined in section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by the Client in respect of each Requirement, in accordance with the terms of this Agreement.

 

  1. Supplier Responsibilities

 

3.1 The Supplier agrees to:

 

3.1.1   use its best endeavours to source Candidates for the Client who are suitable for fulfiliing the Requirement;

  1. 1.2 co-operate fully with the Client in all matters relating to this Agreement, including operating with the timeframes agreed by the Client and updating the Client on the progress of the recruitment process on such timescales as may be agreed with the Client from time to time; and

3.1.3 use all reasonable skill and care in the performance of its obligations under this Agreement.

 

 


4  Suitability Checks

 

4.1 The Supplier endeavours to ensure the suitability of Candidates to the client to work in the position which the Client seeks to fill by taking professional and reasonably practicable steps to:

4.1.1 ensure that the Introduction or Engagement would not be detrimental to the interests of either the Client or the Candidate.

4.1.2 ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

4.1.3 confirm that the Candidate is willing to work in the position; and

4.1.4 confirm that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any processional body.

 

5 Introductions and Client Notifications

 

5.1 If the Supplier wishes to introduce a Candidate to the Client, it shall:

 

5.1.1 submit the Candidate’s CV to the relevant Client director (as notified by the Client to the Supplier) as well as to the clients internal recruitment team by e-mail, to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

5.1.2 confirm to the Client, by e-mail, the following information in relations to the candidate (as a minimum):

  • Type of interview which has taken plae prior to Introduction (face-to-face or telephone)
  • Reason why face-to-face interview did not take place (if applicable)
  • Confirmation that the Candidate has, expressly, authorised the Supplier to represent him or her in relation to the specific role:
  • Confirmation that the Candidate has previously worked in the recruitment industry and the Candidates current level/position.
  • Current salary and benefits package (GBP):
  • Salary and expectation (GBP)
  • Billings in the previous 12 months (GBP)
  • Reason why Candidate is on the market:
  • Candidate has not applier or been introduced to, or been contacted directly by the Client within the previous 6 months.

 

The completion of each of these requirements by the Supplier shall be a Valid Introduction (and ‘Validity Introduce’ and ‘Validly Introduced’ shall be construed accordingly)

 

5.2  If, 2 Business Days following the date of a Valid Introduction, the client shall not have informed the Supplier that the relevant Candidate, Validly Introduced, has been sourced by the Client or become known or introduced (by another supplier, or otherwise) to the Client, at any time, during the previous 6 months, by whatever means, such Valid Introduction shall be deemed to be a confirmed Introduction (‘Confirmed Introduction’)

 

5.3 If within 6 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in the role he or she was Validly Introduced for (such valid Introduction becoming or converting to the Confirmed Introduction) then the Client shall pay the Introduction Fee, subject to the terms and conditions of this Agreement.

 

 5.4 If within 3 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in a different role to that which he or she was Validly Introduced for (such Valid Introduction becoming or converting to the Confirmed Introduction but provided always that the Client, at its sole discretion, acting reasonably is satisfied that the Confirmed Introduction was the direct cause of the Candidates Engagement by the Client, then the Client shall pay the Introduction Fee, subject to the terms and conditions of this agreement.

 

5.5 For the avoidance of doubt;

 

       5.5.1  If the Supplier fails to meet any of the requirements contained in clause 5.1.2., then the Introduction of a Candidate shall not be Valid Introduction (’Invalid introduction). An Invalid Introduction shall no, under any circumstances, convert to or become a Confirmed Introduction ad No Introduction Fee shall be payable to a Supplier in the event that the Client Engages the Candidates following such Invalid Introduction: and

      

       5.5.2       No Introduction Fee shall be payable to the Supplier in the event that the Client Engages a Candidate following a Valid Introduction, if that Valid Introduction did not convert oto or become a Confirmed Introduction: and

 

       5.5.3 If, following a Confirmed Introduction, a Candidate is Engaged by the client in a role other than that the Candidate was Validly Introduced for (such Valid Introduction, converting to the Confirmed Introduction), unless the Client is satisfied, at its own discretion, acting reasonably, the Confirmed introduction was the direct cause of the Candidates, Engagement by the Client, no Introduction Fee shall be payable by the Client to the Supplier in respect of such Engagement.

 

5.6 The Client shall notify the Supplier as soon as reasonably practicable of its intention to make any offer of an Engagement to a candidate follow a Confirmed introduction, at which point, the Supplier shall supply to the Client proof of the Candidates’ right to work in the UK (“Proof’)

 

5.7 Upon receipt of the Proof, the Client shall notify the Supplier of the terms of the offer of the Engagement and, as soon as reasonably practicable, that offer of an Engagement to the Candidate has been accepted and to provide details to the Supplier of the Remuneration agreed with the Candidate

 

 

6     Fees

 

6.1 All Introduction Fees shall be calculated in accordance with the provisions of claues 6.2 and where applicalbe clause 6.3, by the due date for payment in clause 6.4

 

6.2 The Introduction Fee payable to the Supplier by the Client is calculated in accordance with the fee scale below expressed as a percentage of the Candidates Remuneration based on the Candidates length of experience in the recruitment industry.

 

We have to decide on our FEE STRUCTURE

      

6.3 Where prior to the commencement of the Engagement, the supplier and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Intruduction Fee will be calculated in accordace with the fee scale set out in clause 6.2 and pro-rated in proportioin to the length of the contrat up to a maximum period of 12 months.

 

6.4 The Introduction Fee shall be payable within 30 days of the date of the Supplier’s invoice, which shall only be rendered in respect of Introduction Fees contractually payable under the term so of this agreement (a) in respect of Introduction Fee (Part 1

 

7     Refunds

 

7.1 If an Engagement is terminated by either the Candidate or the Client before the expiry of 12 weeks from the date of commencement of the Engagement: the Supplier will refund the Introduction Fee in accordance with the scale set out below:

        0-4 weeks – 100%

       5-8 weeks – 75%

       9-12 weeks – 50%

 7.2 For the purposes of this clause 7, the Client will notify the Supplier in writing of the termination of the Engagement within 7 days of its termination.

 

8     Confidentiality

 

8.1 Information relating to either party’s business which is capable of being confidential must be kept confidential by the other party and divulged to any third party except information which is in the public domain.

 

9     Liability

 

       9.1  The Supplier shall indemnify and hold the Client harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, loss of goodwill and loss of data) costs compensation, proceedings, damages and expenses (indlucing legal and other professional fees and expenses) awarded against, or incurred or paid by, the Client as a result of or in connection with the Supplier seeking a Candidate for the Client or the Introduction to or Engagement by the Client of any Candidate. 

 

10   Termination

 

10.1  Either party may terminate this Agreement immediately on giving notice in writing to the other party (‘Defaulting Party’)

 

10.1.1    The Defaulting Party commits a material breach of this Agrement and (in the case of a breach capable of being remeded) shall have failed to remedy the breach within ten (10) business days after receiving a written notice of the breach requiring the breach to be remedied within such period : or

10.1.2    The Defaulting Party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrotor appointed, enters into any composition with creditors generally is wound up or any step is taken towards any of these events.

 

10.2       Either party may terminate this Agreement by giving to the other party no less than 30 days wirtten notice. For the avoidance of doubt, termination of this Agreement shall be without prejudice to all accrued rights and obligations of either party to the other. For the avoidance of doubt, any provision of this Agreement shall not be affected by termination.

 

11         Non-Solicitation

 

11.1       The Supplier agrees that it will not, either on it’s own account, or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of six months following the termination or expiry of this Agreement, solicit or entice away or attempt to entice away, or procure (whether directly or indirectly) the employment or engagement of, any member of the Clients staff.

 11.2       In the even the Supplier fails to comply with the Clause 11.1, the Supplier shall be removed from the Clients approved supplier list and shall be liable to pay to the Client a sum equivalent to the annual salary of the member of the Clients staff solicited by the Supplier, which the Supplier agrees and acknowledges is a genuine pre-estimate of the Clients loss.

 12          General

 12.1       This Agreement constitutes the whole Agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.

 

  1. 2  This Agreement (including any non-contractual disputes) shall be governed by the law of England and is subject to the exclusive jurisdiction of the Courts of England.

 

 

IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate.

 

For the Client                     For the Supplier

 

 

………………………………………    ………………………………..

 

NAME: …………………………….  NAME……………..……….

 

Title: ………………………………   Title…………………..…….

 

 

Dates:……………………………… Date:……………………….

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPPLIER AGREEMENT FOR THE SUPPLY OF PERMANENT RECRUITMENT SERVICES

 

BETWEEN

 

1ST CONNECT UK

AND

 

……………………………………………………………………………….

 

This AGREEMENT is made between:

 

(1)          1st Connect UK a company incorporated in England under registration number --------- and having its registered address at …………………………..(hereinafter called the ‘Client)

And

 

(2)          ……………………………………..

A company incorporated in the United Kingdom under registration number…………………… and having its registered address at ………………..(hereinafter called the ‘supplier’)

 

 

BACKGROUND

 

A      This Agreement sets out the understanding the Client has reached with the Supplier for the provision of the Services by the Supplier to the Client

 

B.    The Client has appointed the Supplier as a non-exclusive supplier of recruitment services and the Supplier agrees to provide such services in accordance with the terms of this Agreement


 

THEREFORE THE  PARTIES AGREE AS FOLLOWS:

 

1. Definitions and Interpretations

 

2.  In this Agreement, the following words shall have the following meanings:

 

‘Business Days” means a day, other than a Saturday or a Sunday, on which UK clearing banks are open for ordinary banking business in England:

‘Candidate’      means the person introduced by the Supplier to the Client for an Engagement:

‘Engagement” means the engagement, employment or use of a Candidate by the Client on a fixed term or permanent basis, and ‘Engage’, ‘Engages’ and ‘Engaged” shall be construed accordingly:

‘Introduction’ means the submission by the Supplier to the Client of a curriculum vitae or other information which identifies a Candidate and which leads to an Engagement, and ‘Introduce’, ‘Introduces’ and “Introduced’ shall be construed accordingly:

 

‘Introduction Fee”  means the fee payable by the Client to the Supplier for an Introduction, payable in accordance with clause 6 of the Agreement and exclusive of VAT at the prevailing rate from time to time:

‘Remuneration’       means the base salary payable in respect of an Engagement (excluding bonuses, commission, car allowances or any other similar payment) unless otherwise agreed between the parties in writing:

‘Services’               means the supply of permanent and fixed-term contingency based recruitment services in order to fill each of the Requirement.

 

3. Application of Agreement

 

2.1     The Supplier acknowledges that, pursuant to this Agreement, it is not being appointed as an exclusive supplier of any recruitment services and the Client may at any time perform any part of the Services itself or procure them from a third party.  

2.2     The Supplier acts as an employment agency (as defined in section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by the Client in respect of each Requirement, in accordance with the terms of this Agreement.

 

4. Supplier Responsibilities

 

3.1 The Supplier agrees to:

 

3.1.1   use its best endeavours to source Candidates for the Client who are suitable for fulfiliing the Requirement;

3. 1.2 co-operate fully with the Client in all matters relating to this Agreement, including operating with the timeframes agreed by the Client and updating the Client on the progress of the recruitment process on such timescales as may be agreed with the Client from time to time; and

3.1.3 use all reasonable skill and care in the performance of its obligations under this Agreement.

 

 


4  Suitability Checks

 

4.1 The Supplier endeavours to ensure the suitability of Candidates to the client to work in the position which the Client seeks to fill by taking professional and reasonably practicable steps to:

4.1.1 ensure that the Introduction or Engagement would not be detrimental to the interests of either the Client or the Candidate.

4.1.2 ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

4.1.3 confirm that the Candidate is willing to work in the position; and

4.1.4 confirm that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any processional body.

 

5 Introductions and Client Notifications

 

5.1 If the Supplier wishes to introduce a Candidate to the Client, it shall:

 

5.1.1 submit the Candidate’s CV to the relevant Client director (as notified by the Client to the Supplier) as well as to the clients internal recruitment team by e-mail, to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

5.1.2 confirm to the Client, by e-mail, the following information in relations to the candidate (as a minimum):

·        Type of interview which has taken plae prior to Introduction (face-to-face or telephone)

·        Reason why face-to-face interview did not take place (if applicable)

·        Confirmation that the Candidate has, expressly, authorised the Supplier to represent him or her in relation to the specific role:

·        Confirmation that the Candidate has previously worked in the recruitment industry and the Candidates current level/position.

·        Current salary and benefits package (GBP):

·        Salary and expectation (GBP)

·        Billings in the previous 12 months (GBP)

·        Reason why Candidate is on the market:

·        Candidate has not applier or been introduced to, or been contacted directly by the Client within the previous 6 months.

 

The completion of each of these requirements by the Supplier shall be a Valid Introduction (and ‘Validity Introduce’ and ‘Validly Introduced’ shall be construed accordingly)

 

5.2  If, 2 Business Days following the date of a Valid Introduction, the client shall not have informed the Supplier that the relevant Candidate, Validly Introduced, has been sourced by the Client or become known or introduced (by another supplier, or otherwise) to the Client, at any time, during the previous 6 months, by whatever means, such Valid Introduction shall be deemed to be a confirmed Introduction (‘Confirmed Introduction’)

 

5.3 If within 6 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in the role he or she was Validly Introduced for (such valid Introduction becoming or converting to the Confirmed Introduction) then the Client shall pay the Introduction Fee, subject to the terms and conditions of this Agreement.

 

 5.4 If within 3 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in a different role to that which he or she was Validly Introduced for (such Valid Introduction becoming or converting to the Confirmed Introduction but provided always that the Client, at its sole discretion, acting reasonably is satisfied that the Confirmed Introduction was the direct cause of the Candidates Engagement by the Client, then the Client shall pay the Introduction Fee, subject to the terms and conditions of this agreement.

 

5.5 For the avoidance of doubt;

 

       5.5.1  If the Supplier fails to meet any of the requirements contained in clause 5.1.2., then the Introduction of a Candidate shall not be Valid Introduction (’Invalid introduction). An Invalid Introduction shall no, under any circumstances, convert to or become a Confirmed Introduction ad No Introduction Fee shall be payable to a Supplier in the event that the Client Engages the Candidates following such Invalid Introduction: and

      

       5.5.2       No Introduction Fee shall be payable to the Supplier in the event that the Client Engages a Candidate following a Valid Introduction, if that Valid Introduction did not convert oto or become a Confirmed Introduction: and

 

       5.5.3 If, following a Confirmed Introduction, a Candidate is Engaged by the client in a role other than that the Candidate was Validly Introduced for (such Valid Introduction, converting to the Confirmed Introduction), unless the Client is satisfied, at its own discretion, acting reasonably, the Confirmed introduction was the direct cause of the Candidates, Engagement by the Client, no Introduction Fee shall be payable by the Client to the Supplier in respect of such Engagement.

 

5.6 The Client shall notify the Supplier as soon as reasonably practicable of its intention to make any offer of an Engagement to a candidate follow a Confirmed introduction, at which point, the Supplier shall supply to the Client proof of the Candidates’ right to work in the UK (“Proof’)

 

5.7 Upon receipt of the Proof, the Client shall notify the Supplier of the terms of the offer of the Engagement and, as soon as reasonably practicable, that offer of an Engagement to the Candidate has been accepted and to provide details to the Supplier of the Remuneration agreed with the Candidate

 

 

6     Fees

 

6.1 All Introduction Fees shall be calculated in accordance with the provisions of claues 6.2 and where applicalbe clause 6.3, by the due date for payment in clause 6.4

 

6.2 The Introduction Fee payable to the Supplier by the Client is calculated in accordance with the fee scale below expressed as a percentage of the Candidates Remuneration based on the Candidates length of experience in the recruitment industry.

 

We have to decide on our FEE STRUCTURE

      

6.3 Where prior to the commencement of the Engagement, the supplier and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Intruduction Fee will be calculated in accordace with the fee scale set out in clause 6.2 and pro-rated in proportioin to the length of the contrat up to a maximum period of 12 months.

 

6.4 The Introduction Fee shall be payable within 30 days of the date of the Supplier’s invoice, which shall only be rendered in respect of Introduction Fees contractually payable under the term so of this agreement (a) in respect of Introduction Fee (Part 1

 

7     Refunds

 

7.1 If an Engagement is terminated by either the Candidate or the Client before the expiry of 12 weeks from the date of commencement of the Engagement: the Supplier will refund the Introduction Fee in accordance with the scale set out below:

 

       0-4 weeks – 100%

       5-8 weeks – 75%

       9-12 weeks – 50%

 

7.2 For the purposes of this clause 7, the Client will notify the Supplier in writing of the termination of the Engagement within 7 days of its termination.

 

8     Confidentiality

 

8.1 Information relating to either party’s business which is capable of being confidential must be kept confidential by the other party and divulged to any third party except information which is in the public domain.

 

9     Liability

 

       9.1  The Supplier shall indemnify and hold the Client harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, loss of goodwill and loss of data) costs compensation, proceedings, damages and expenses (indlucing legal and other professional fees and expenses) awarded against, or incurred or paid by, the Client as a result of or in connection with the Supplier seeking a Candidate for the Client or the Introduction to or Engagement by the Client of any Candidate. 

 

10   Termination

 

10.1  Either party may terminate this Agreement immediately on giving notice in writing to the other party (‘Defaulting Party’)

 

10.1.1    The Defaulting Party commits a material breach of this Agrement and (in the case of a breach capable of being remeded) shall have failed to remedy the breach within ten (10) business days after receiving a written notice of the breach requiring the breach to be remedied within such period : or

10.1.2    The Defaulting Party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrotor appointed, enters into any composition with creditors generally is wound up or any step is taken towards any of these events.

 10.2       Either party may terminate this Agreement by giving to the other party no less than 30 days wirtten notice. For the avoidance of doubt, termination of this Agreement shall be without prejudice to all accrued rights and obligations of either party to the other. For the avoidance of doubt, any provision of this Agreement shall not be affected by termination.

 11         Non-Solicitation

 11.1       The Supplier agrees that it will not, either on it’s own account, or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of six months following the termination or expiry of this Agreement, solicit or entice away or attempt to entice away, or procure (whether directly or indirectly) the employment or engagement of, any member of the Clients staff.

 11.2       In the even the Supplier fails to comply with the Clause 11.1, the Supplier shall be removed from the Clients approved supplier list and shall be liable to pay to the Client a sum equivalent to the annual salary of the member of the Clients staff solicited by the Supplier, which the Supplier agrees and acknowledges is a genuine pre-estimate of the Clients loss.

 12          General

 12.1       This Agreement constitutes the whole Agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.

              12. 2       This Agreement (including any non-contractual disputes) shall be governed by the law of England and is subject to the exclusive jurisdiction of the Courts of England.

 IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate.

 

For the Client                     For the Supplier

 

 

………………………………………    ………………………………..

 

NAME: …………………………….  NAME……………..……….

 

Title: ………………………………   Title…………………..…….

 

 

Dates:……………………………… Date:……………………….

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPPLIER AGREEMENT FOR THE SUPPLY OF PERMANENT RECRUITMENT SERVICES

 

BETWEEN

 

1ST CONNECT UK

AND

 

……………………………………………………………………………….

 

This AGREEMENT is made between:

 

(1)          1st Connect UK a company incorporated in England under registration number --------- and having its registered address at …………………………..(hereinafter called the ‘Client)

And

 

(2)          ……………………………………..

A company incorporated in the United Kingdom under registration number…………………… and having its registered address at ………………..(hereinafter called the ‘supplier’)

 

 

BACKGROUND

 

A      This Agreement sets out the understanding the Client has reached with the Supplier for the provision of the Services by the Supplier to the Client

 

B.    The Client has appointed the Supplier as a non-exclusive supplier of recruitment services and the Supplier agrees to provide such services in accordance with the terms of this Agreement


 

THEREFORE THE  PARTIES AGREE AS FOLLOWS:

 

1. Definitions and Interpretations

 

2.  In this Agreement, the following words shall have the following meanings:

 

‘Business Days” means a day, other than a Saturday or a Sunday, on which UK clearing banks are open for ordinary banking business in England:

‘Candidate’      means the person introduced by the Supplier to the Client for an Engagement:

‘Engagement” means the engagement, employment or use of a Candidate by the Client on a fixed term or permanent basis, and ‘Engage’, ‘Engages’ and ‘Engaged” shall be construed accordingly:

‘Introduction’ means the submission by the Supplier to the Client of a curriculum vitae or other information which identifies a Candidate and which leads to an Engagement, and ‘Introduce’, ‘Introduces’ and “Introduced’ shall be construed accordingly:

 

‘Introduction Fee”  means the fee payable by the Client to the Supplier for an Introduction, payable in accordance with clause 6 of the Agreement and exclusive of VAT at the prevailing rate from time to time:

‘Remuneration’       means the base salary payable in respect of an Engagement (excluding bonuses, commission, car allowances or any other similar payment) unless otherwise agreed between the parties in writing:

‘Services’               means the supply of permanent and fixed-term contingency based recruitment services in order to fill each of the Requirement.

 

3. Application of Agreement

 

2.1     The Supplier acknowledges that, pursuant to this Agreement, it is not being appointed as an exclusive supplier of any recruitment services and the Client may at any time perform any part of the Services itself or procure them from a third party.  

2.2     The Supplier acts as an employment agency (as defined in section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by the Client in respect of each Requirement, in accordance with the terms of this Agreement.

 

4. Supplier Responsibilities

 

3.1 The Supplier agrees to:

 

3.1.1   use its best endeavours to source Candidates for the Client who are suitable for fulfiliing the Requirement;

3. 1.2 co-operate fully with the Client in all matters relating to this Agreement, including operating with the timeframes agreed by the Client and updating the Client on the progress of the recruitment process on such timescales as may be agreed with the Client from time to time; and

3.1.3 use all reasonable skill and care in the performance of its obligations under this Agreement.

 

 


4  Suitability Checks

 

4.1 The Supplier endeavours to ensure the suitability of Candidates to the client to work in the position which the Client seeks to fill by taking professional and reasonably practicable steps to:

4.1.1 ensure that the Introduction or Engagement would not be detrimental to the interests of either the Client or the Candidate.

4.1.2 ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

4.1.3 confirm that the Candidate is willing to work in the position; and

4.1.4 confirm that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any processional body.

 

5 Introductions and Client Notifications

 

5.1 If the Supplier wishes to introduce a Candidate to the Client, it shall:

 

5.1.1 submit the Candidate’s CV to the relevant Client director (as notified by the Client to the Supplier) as well as to the clients internal recruitment team by e-mail, to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

5.1.2 confirm to the Client, by e-mail, the following information in relations to the candidate (as a minimum):

·        Type of interview which has taken plae prior to Introduction (face-to-face or telephone)

·        Reason why face-to-face interview did not take place (if applicable)

·        Confirmation that the Candidate has, expressly, authorised the Supplier to represent him or her in relation to the specific role:

·        Confirmation that the Candidate has previously worked in the recruitment industry and the Candidates current level/position.

·        Current salary and benefits package (GBP):

·        Salary and expectation (GBP)

·        Billings in the previous 12 months (GBP)

·        Reason why Candidate is on the market:

·        Candidate has not applier or been introduced to, or been contacted directly by the Client within the previous 6 months.

 

The completion of each of these requirements by the Supplier shall be a Valid Introduction (and ‘Validity Introduce’ and ‘Validly Introduced’ shall be construed accordingly)

 

5.2  If, 2 Business Days following the date of a Valid Introduction, the client shall not have informed the Supplier that the relevant Candidate, Validly Introduced, has been sourced by the Client or become known or introduced (by another supplier, or otherwise) to the Client, at any time, during the previous 6 months, by whatever means, such Valid Introduction shall be deemed to be a confirmed Introduction (‘Confirmed Introduction’)

 

5.3 If within 6 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in the role he or she was Validly Introduced for (such valid Introduction becoming or converting to the Confirmed Introduction) then the Client shall pay the Introduction Fee, subject to the terms and conditions of this Agreement.

 

 5.4 If within 3 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in a different role to that which he or she was Validly Introduced for (such Valid Introduction becoming or converting to the Confirmed Introduction but provided always that the Client, at its sole discretion, acting reasonably is satisfied that the Confirmed Introduction was the direct cause of the Candidates Engagement by the Client, then the Client shall pay the Introduction Fee, subject to the terms and conditions of this agreement.

 

5.5 For the avoidance of doubt;

 

       5.5.1  If the Supplier fails to meet any of the requirements contained in clause 5.1.2., then the Introduction of a Candidate shall not be Valid Introduction (’Invalid introduction). An Invalid Introduction shall no, under any circumstances, convert to or become a Confirmed Introduction ad No Introduction Fee shall be payable to a Supplier in the event that the Client Engages the Candidates following such Invalid Introduction: and

      

       5.5.2       No Introduction Fee shall be payable to the Supplier in the event that the Client Engages a Candidate following a Valid Introduction, if that Valid Introduction did not convert oto or become a Confirmed Introduction: and

 

       5.5.3 If, following a Confirmed Introduction, a Candidate is Engaged by the client in a role other than that the Candidate was Validly Introduced for (such Valid Introduction, converting to the Confirmed Introduction), unless the Client is satisfied, at its own discretion, acting reasonably, the Confirmed introduction was the direct cause of the Candidates, Engagement by the Client, no Introduction Fee shall be payable by the Client to the Supplier in respect of such Engagement.

 

5.6 The Client shall notify the Supplier as soon as reasonably practicable of its intention to make any offer of an Engagement to a candidate follow a Confirmed introduction, at which point, the Supplier shall supply to the Client proof of the Candidates’ right to work in the UK (“Proof’)

 

5.7 Upon receipt of the Proof, the Client shall notify the Supplier of the terms of the offer of the Engagement and, as soon as reasonably practicable, that offer of an Engagement to the Candidate has been accepted and to provide details to the Supplier of the Remuneration agreed with the Candidate

 

 

6     Fees

 

6.1 All Introduction Fees shall be calculated in accordance with the provisions of claues 6.2 and where applicalbe clause 6.3, by the due date for payment in clause 6.4

 

6.2 The Introduction Fee payable to the Supplier by the Client is calculated in accordance with the fee scale below expressed as a percentage of the Candidates Remuneration based on the Candidates length of experience in the recruitment industry.

 

We have to decide on our FEE STRUCTURE

      

6.3 Where prior to the commencement of the Engagement, the supplier and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Intruduction Fee will be calculated in accordace with the fee scale set out in clause 6.2 and pro-rated in proportioin to the length of the contrat up to a maximum period of 12 months.

 

6.4 The Introduction Fee shall be payable within 30 days of the date of the Supplier’s invoice, which shall only be rendered in respect of Introduction Fees contractually payable under the term so of this agreement (a) in respect of Introduction Fee (Part 1

 

7     Refunds

 

7.1 If an Engagement is terminated by either the Candidate or the Client before the expiry of 12 weeks from the date of commencement of the Engagement: the Supplier will refund the Introduction Fee in accordance with the scale set out below:

 

       0-4 weeks – 100%

       5-8 weeks – 75%

       9-12 weeks – 50%

 

7.2 For the purposes of this clause 7, the Client will notify the Supplier in writing of the termination of the Engagement within 7 days of its termination.

 

8     Confidentiality

 

8.1 Information relating to either party’s business which is capable of being confidential must be kept confidential by the other party and divulged to any third party except information which is in the public domain.

 

9     Liability

 

       9.1  The Supplier shall indemnify and hold the Client harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, loss of goodwill and loss of data) costs compensation, proceedings, damages and expenses (indlucing legal and other professional fees and expenses) awarded against, or incurred or paid by, the Client as a result of or in connection with the Supplier seeking a Candidate for the Client or the Introduction to or Engagement by the Client of any Candidate. 

 

10   Termination

 

10.1  Either party may terminate this Agreement immediately on giving notice in writing to the other party (‘Defaulting Party’)

 

10.1.1    The Defaulting Party commits a material breach of this Agrement and (in the case of a breach capable of being remeded) shall have failed to remedy the breach within ten (10) business days after receiving a written notice of the breach requiring the breach to be remedied within such period : or

10.1.2    The Defaulting Party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrotor appointed, enters into any composition with creditors generally is wound up or any step is taken towards any of these events.

 

10.2       Either party may terminate this Agreement by giving to the other party no less than 30 days wirtten notice. For the avoidance of doubt, termination of this Agreement shall be without prejudice to all accrued rights and obligations of either party to the other. For the avoidance of doubt, any provision of this Agreement shall not be affected by termination.

 

11         Non-Solicitation

 

11.1       The Supplier agrees that it will not, either on it’s own account, or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of six months following the termination or expiry of this Agreement, solicit or entice away or attempt to entice away, or procure (whether directly or indirectly) the employment or engagement of, any member of the Clients staff.

 

11.2       In the even the Supplier fails to comply with the Clause 11.1, the Supplier shall be removed from the Clients approved supplier list and shall be liable to pay to the Client a sum equivalent to the annual salary of the member of the Clients staff solicited by the Supplier, which the Supplier agrees and acknowledges is a genuine pre-estimate of the Clients loss.

 

12          General

 

12.1       This Agreement constitutes the whole Agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.

 

              12. 2       This Agreement (including any non-contractual disputes) shall be governed by the law of England and is subject to the exclusive jurisdiction of the Courts of England.

 

 

IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate.

 

For the Client                     For the Supplier

 

 

………………………………………    ………………………………..

 

NAME: …………………………….  NAME……………..……….

 

Title: ………………………………   Title…………………..…….

 

 

Dates:……………………………… Date:……………………….

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPPLIER AGREEMENT FOR THE SUPPLY OF PERMANENT RECRUITMENT SERVICES

 

BETWEEN

 

1ST CONNECT UK

AND

 

……………………………………………………………………………….

 

This AGREEMENT is made between:

 

(1)          1st Connect UK a company incorporated in England under registration number --------- and having its registered address at …………………………..(hereinafter called the ‘Client)

And

 

(2)          ……………………………………..

A company incorporated in the United Kingdom under registration number…………………… and having its registered address at ………………..(hereinafter called the ‘supplier’)

 

 

BACKGROUND

 

A      This Agreement sets out the understanding the Client has reached with the Supplier for the provision of the Services by the Supplier to the Client

 

B.    The Client has appointed the Supplier as a non-exclusive supplier of recruitment services and the Supplier agrees to provide such services in accordance with the terms of this Agreement


 

THEREFORE THE  PARTIES AGREE AS FOLLOWS:

 

1. Definitions and Interpretations

 

2.  In this Agreement, the following words shall have the following meanings:

 

‘Business Days” means a day, other than a Saturday or a Sunday, on which UK clearing banks are open for ordinary banking business in England:

‘Candidate’      means the person introduced by the Supplier to the Client for an Engagement:

‘Engagement” means the engagement, employment or use of a Candidate by the Client on a fixed term or permanent basis, and ‘Engage’, ‘Engages’ and ‘Engaged” shall be construed accordingly:

‘Introduction’ means the submission by the Supplier to the Client of a curriculum vitae or other information which identifies a Candidate and which leads to an Engagement, and ‘Introduce’, ‘Introduces’ and “Introduced’ shall be construed accordingly:

 

‘Introduction Fee”  means the fee payable by the Client to the Supplier for an Introduction, payable in accordance with clause 6 of the Agreement and exclusive of VAT at the prevailing rate from time to time:

‘Remuneration’       means the base salary payable in respect of an Engagement (excluding bonuses, commission, car allowances or any other similar payment) unless otherwise agreed between the parties in writing:

‘Services’               means the supply of permanent and fixed-term contingency based recruitment services in order to fill each of the Requirement.

 

3. Application of Agreement

 

2.1     The Supplier acknowledges that, pursuant to this Agreement, it is not being appointed as an exclusive supplier of any recruitment services and the Client may at any time perform any part of the Services itself or procure them from a third party.  

2.2     The Supplier acts as an employment agency (as defined in section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by the Client in respect of each Requirement, in accordance with the terms of this Agreement.

 

4. Supplier Responsibilities

 

3.1 The Supplier agrees to:

 

3.1.1   use its best endeavours to source Candidates for the Client who are suitable for fulfiliing the Requirement;

3. 1.2 co-operate fully with the Client in all matters relating to this Agreement, including operating with the timeframes agreed by the Client and updating the Client on the progress of the recruitment process on such timescales as may be agreed with the Client from time to time; and

3.1.3 use all reasonable skill and care in the performance of its obligations under this Agreement.

 

 


4  Suitability Checks

 

4.1 The Supplier endeavours to ensure the suitability of Candidates to the client to work in the position which the Client seeks to fill by taking professional and reasonably practicable steps to:

4.1.1 ensure that the Introduction or Engagement would not be detrimental to the interests of either the Client or the Candidate.

4.1.2 ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

4.1.3 confirm that the Candidate is willing to work in the position; and

4.1.4 confirm that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any processional body.

 

5 Introductions and Client Notifications

 

5.1 If the Supplier wishes to introduce a Candidate to the Client, it shall:

 

5.1.1 submit the Candidate’s CV to the relevant Client director (as notified by the Client to the Supplier) as well as to the clients internal recruitment team by e-mail, to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

5.1.2 confirm to the Client, by e-mail, the following information in relations to the candidate (as a minimum):

·        Type of interview which has taken plae prior to Introduction (face-to-face or telephone)

·        Reason why face-to-face interview did not take place (if applicable)

·        Confirmation that the Candidate has, expressly, authorised the Supplier to represent him or her in relation to the specific role:

·        Confirmation that the Candidate has previously worked in the recruitment industry and the Candidates current level/position.

·        Current salary and benefits package (GBP):

·        Salary and expectation (GBP)

·        Billings in the previous 12 months (GBP)

·        Reason why Candidate is on the market:

·        Candidate has not applier or been introduced to, or been contacted directly by the Client within the previous 6 months.

 

The completion of each of these requirements by the Supplier shall be a Valid Introduction (and ‘Validity Introduce’ and ‘Validly Introduced’ shall be construed accordingly)

 

5.2  If, 2 Business Days following the date of a Valid Introduction, the client shall not have informed the Supplier that the relevant Candidate, Validly Introduced, has been sourced by the Client or become known or introduced (by another supplier, or otherwise) to the Client, at any time, during the previous 6 months, by whatever means, such Valid Introduction shall be deemed to be a confirmed Introduction (‘Confirmed Introduction’)

 

5.3 If within 6 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in the role he or she was Validly Introduced for (such valid Introduction becoming or converting to the Confirmed Introduction) then the Client shall pay the Introduction Fee, subject to the terms and conditions of this Agreement.

 

 5.4 If within 3 months of a Valid Introduction, which becomes or converts to a Confirmed Introduction, the Candidate is Engaged by the Client in a different role to that which he or she was Validly Introduced for (such Valid Introduction becoming or converting to the Confirmed Introduction but provided always that the Client, at its sole discretion, acting reasonably is satisfied that the Confirmed Introduction was the direct cause of the Candidates Engagement by the Client, then the Client shall pay the Introduction Fee, subject to the terms and conditions of this agreement.

 

5.5 For the avoidance of doubt;

 

       5.5.1  If the Supplier fails to meet any of the requirements contained in clause 5.1.2., then the Introduction of a Candidate shall not be Valid Introduction (’Invalid introduction). An Invalid Introduction shall no, under any circumstances, convert to or become a Confirmed Introduction ad No Introduction Fee shall be payable to a Supplier in the event that the Client Engages the Candidates following such Invalid Introduction: and

      

       5.5.2       No Introduction Fee shall be payable to the Supplier in the event that the Client Engages a Candidate following a Valid Introduction, if that Valid Introduction did not convert oto or become a Confirmed Introduction: and

 

       5.5.3 If, following a Confirmed Introduction, a Candidate is Engaged by the client in a role other than that the Candidate was Validly Introduced for (such Valid Introduction, converting to the Confirmed Introduction), unless the Client is satisfied, at its own discretion, acting reasonably, the Confirmed introduction was the direct cause of the Candidates, Engagement by the Client, no Introduction Fee shall be payable by the Client to the Supplier in respect of such Engagement.

 

5.6 The Client shall notify the Supplier as soon as reasonably practicable of its intention to make any offer of an Engagement to a candidate follow a Confirmed introduction, at which point, the Supplier shall supply to the Client proof of the Candidates’ right to work in the UK (“Proof’)

 

5.7 Upon receipt of the Proof, the Client shall notify the Supplier of the terms of the offer of the Engagement and, as soon as reasonably practicable, that offer of an Engagement to the Candidate has been accepted and to provide details to the Supplier of the Remuneration agreed with the Candidate

 

 

6     Fees

 

6.1 All Introduction Fees shall be calculated in accordance with the provisions of claues 6.2 and where applicalbe clause 6.3, by the due date for payment in clause 6.4

 

6.2 The Introduction Fee payable to the Supplier by the Client is calculated in accordance with the fee scale below expressed as a percentage of the Candidates Remuneration based on the Candidates length of experience in the recruitment industry.

 

We have to decide on our FEE STRUCTURE

      

6.3 Where prior to the commencement of the Engagement, the supplier and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Intruduction Fee will be calculated in accordace with the fee scale set out in clause 6.2 and pro-rated in proportioin to the length of the contrat up to a maximum period of 12 months.

 

6.4 The Introduction Fee shall be payable within 30 days of the date of the Supplier’s invoice, which shall only be rendered in respect of Introduction Fees contractually payable under the term so of this agreement (a) in respect of Introduction Fee (Part 1

 

7     Refunds

 

7.1 If an Engagement is terminated by either the Candidate or the Client before the expiry of 12 weeks from the date of commencement of the Engagement: the Supplier will refund the Introduction Fee in accordance with the scale set out below:

 

       0-4 weeks – 100%

       5-8 weeks – 75%

       9-12 weeks – 50%

 

7.2 For the purposes of this clause 7, the Client will notify the Supplier in writing of the termination of the Engagement within 7 days of its termination.

 

8     Confidentiality

 

8.1 Information relating to either party’s business which is capable of being confidential must be kept confidential by the other party and divulged to any third party except information which is in the public domain.

 

9     Liability

 

       9.1  The Supplier shall indemnify and hold the Client harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, loss of goodwill and loss of data) costs compensation, proceedings, damages and expenses (indlucing legal and other professional fees and expenses) awarded against, or incurred or paid by, the Client as a result of or in connection with the Supplier seeking a Candidate for the Client or the Introduction to or Engagement by the Client of any Candidate. 

 

10   Termination

 

10.1  Either party may terminate this Agreement immediately on giving notice in writing to the other party (‘Defaulting Party’)

 

10.1.1    The Defaulting Party commits a material breach of this Agrement and (in the case of a breach capable of being remeded) shall have failed to remedy the breach within ten (10) business days after receiving a written notice of the breach requiring the breach to be remedied within such period : or

10.1.2    The Defaulting Party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrotor appointed, enters into any composition with creditors generally is wound up or any step is taken towards any of these events.

 

10.2       Either party may terminate this Agreement by giving to the other party no less than 30 days wirtten notice. For the avoidance of doubt, termination of this Agreement shall be without prejudice to all accrued rights and obligations of either party to the other. For the avoidance of doubt, any provision of this Agreement shall not be affected by termination.

 

11         Non-Solicitation

 

11.1       The Supplier agrees that it will not, either on it’s own account, or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of six months following the termination or expiry of this Agreement, solicit or entice away or attempt to entice away, or procure (whether directly or indirectly) the employment or engagement of, any member of the Clients staff.

 

11.2       In the even the Supplier fails to comply with the Clause 11.1, the Supplier shall be removed from the Clients approved supplier list and shall be liable to pay to the Client a sum equivalent to the annual salary of the member of the Clients staff solicited by the Supplier, which the Supplier agrees and acknowledges is a genuine pre-estimate of the Clients loss.

 

12          General

 

12.1       This Agreement constitutes the whole Agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.

 

              12. 2       This Agreement (including any non-contractual disputes) shall be governed by the law of England and is subject to the exclusive jurisdiction of the Courts of England.

 

 

IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate.

 

For the Client                     For the Supplier

 

 

………………………………………    ………………………………..

 

NAME: …………………………….  NAME……………..……….

 

Title: ………………………………   Title…………………..…….

 

 

Dates:……………………………… Date:……………………….