Terms of Business for Xpertise Recruitment

This Agreement is made between Xpertise Recruitment, including but not limited to all of its assumed names, trade names and subsidiaries, together an employment agency (collectively referred to as “Xpertise”) and the person, firm or corporate body together with any subsidiary or associated or connected company or person to whom Xpertise refers candidates, as may be (but is not necessarily) better particularised in the signature section of this agreement (hereinafter to be called “The Client”).

1. Xpertise will introduce Candidates to The Client for employment by The Client. Once the employment takes place Xpertise fees as set out in paragraph 15 becomes payable.

2. With the introduction of a Candidate, the terms of this Agreement are deemed to have been accepted by The Client.

3. These terms shall constitute the only contract between Xpertise and The Client.

4. These terms have no term and can be terminated by either party in writing. In the event of such notice, these terms shall remain in effect and apply to any Candidate that has previously been introduced by Xpertise.

5. Any amendments and/or revisions to these terms shall be approved in advance and executed in writing by the President of Xpertise and an authorized representative of The Client.

6. An introduction is deemed to have taken place by the provision of any information about a Candidate to The Client, which allows the Candidate to be identified, unless the Candidate is currently active in The Clients recruitment process. Following an introduction if The Client is already communicating with the Candidate in relation to a possible appointment then The Client must inform Xpertise immediately. If The Client continue to use Xpertise to provide services with regard to this Candidate and The Client appoints the Candidate a fee in accordance with paragraph 15 will become due. If it is unclear or ambiguous as to how The Client learned about the Candidate for the first time, The Client will be responsible for providing evidentiary documentation on Xpertise’s request.

7. To enable Xpertise to introduce suitable Candidates, The Client must provide Xpertise with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.

8. The employment takes place once The Client offers employment, whether on a temporary or permanent basis, to the Candidate and the Candidate starts employment with The Client, whether or not such employment is conditional upon the successful completion of a probationary period. Should an appointment take place then a fee as set out in paragraph 15 shall be payable.

9. Should The Client fail to advise Xpertise of the employment of a Candidate within 14 days of the start date, a fee becomes payable of 35% of the anticipated first year's remuneration of the Candidate or $25,000, whichever is greater.

10. If a Candidate is employed by The Client within 12 months of the initial introduction or any subsequent reintroduction by Xpertise then the fees as set out in paragraph 15 shall become payable to Xpertise. If The Client employs any Candidate that they have discussed with Xpertise, in anyway, in the 12 months prior to the appointment but they feel no fee is payable then The Client should contact Xpertise to inform them of the appointment so as to avoid any future dispute arising.

11. Information relating to any Candidate is supplied on a strictly confidential basis and may only be used by The Client in connection with this Agreement. If employment of a Candidate takes place by a third party as a direct result of The Client having given information relating to the Candidate to the third party The Client shall be liable to pay a fee of 35% of the anticipated first year's remuneration of the Candidate or a fee of $25,000, whichever is the greater. A third party includes but is not restricted to any associated company, subsidiary or other company with which The Client is connected.

12. The Client is obliged to advise Xpertise of the total remuneration offered to the Candidate immediately after an offer of employment has been made by The Client to the Candidate.

13. Should an offer concluding a main contract be retracted prior to the Candidate joining The Client, then The Client shall be liable for an administration fee of $3,000 whether or not the Candidate was known previously by The Client.

14. Xpertise will invoice The Client on the start date of a Candidate. The fee is calculated as a percentage of the anticipated first year's total remuneration of a Candidate which means a Candidate's taxable gross remuneration including, but not limited to, bonuses, shift allowance, car allowance, and weighting allowance. The Client shall provide to Xpertise a full statement of the total remuneration to be received by a Candidate.

15. Xpertise fees are a percentage of the Candidate’s total remuneration based on the below; thus, Xpertise fees are: Salary < $50,000 a $10,000 minimum fee is payable

• Salary $50,001 - $75,000 a fee of 25%
• Salary $75,001 - $200,000 a fee of 30%
• Salary $200,001 and above a fee of 35%

16. An invoice is payable within 7 days of its date of issue and The Client agrees to supply Xpertise with any required Purchase Order in advance of the start date. If Xpertise incurs any legal or non-legal costs as a result of non- or late payment of invoice, The Client will become liable to pay such costs. Xpertise can claim interest on amounts owed in accordance with State law.

17. If the appointment of a Candidate is terminated within 8 weeks of the commencement of his/her employment with The Client a rebate will be paid by Xpertise to The Client at the rate of 12 ½ % of the fee charged by Xpertise for each full week the Candidate did not work out during the 8 week period, subject to paragraph 18 set out below.

18. No rebate shall be payable if:

• employment is rescinded for no good reason;
• Xpertise is not notified in writing within 14 days of the termination of the employment together with the reason(s) for it;
• the fee is not paid to Xpertise within the time frame agreed in paragraph 16;
• the cause of termination has no bearing on the Candidate's qualifications, capability or conduct;
• the Candidate is let go as result of a layoff.

19. Xpertise does not personally obtain references pertaining to a particular Candidate, unless requested. Xpertise takes no responsibility for any loss, damage or delay caused by the Candidate. The Client is responsible for ensuring the suitability and capability of a Candidate for employment and for taking references to verify skills, qualifications, integrity, the necessity of any work permits and the satisfaction of any medical requirements.

20. These terms will be construed in accordance with English Law & the parties submit to the exclusive jurisdiction of the Courts of England & Wales.