In these Terms of Business, Gameplan Group Ltd with registered offices at 400 Pavilion Drive,
Northampton Business Park, Northampton, NN4 7PA, United Kingdomshall be referred to as “Gameplan”.
XXXX with offices at XXXX XXXX XXXX XXXX will be referred to as “Client”
These Terms of Business relate to the Selection and Recruitment Services for permanent placing of personnel. For our Contract Resourcing Services please read separate Terms of Business.
“Client” shall mean the interviewer of an applicant, if a sole principal, the interviewer and the interviewers then partner or partners, or the interviewers, principal or employer as the case may be.
“The Interviewer” shall mean the person who interview’s the applicant on behalf of Client after introduction by Gameplan.
“Interview” shall mean any communication between the Client and an applicant introduced by Gameplan Group Ltd, whether by telephone, email, fax or face to face.
1.2. Acceptance of Terms
The arranging of an interview for an applicant introduced by Gameplan, or the direct approach by the Client to such an applicant, constitutes acceptance of these Terms and Conditions and an agreement by the Client to pay Gameplan the fee should an engagement of the applicant in any capacity occur.
For the purpose of these Terms an applicant shall have been introduced when Gameplan has supplied to a Client the name of an applicant who is seeking employment.
An interviewer warrants that he is duly authorised to agree these terms on behalf of his firm, principal or employer as the case may be.
2. Notification of Placement
The Client shall notify Gameplan immediately on agreeing an engagement with any applicant who has been introduced by Gameplan.
3. The engagement of an applicant by the Client within twelve months following the introduction by Gameplan or any subsequent reintroduction of the applicant to the Client will constitute a contract between the Client and Gameplan upon these Terms of Business.
All fees are based on the applicants’ first year’s gross annual salary excluding bonus and car allowances. The fee is subject to Value Added Tax.
Fee rates will vary, dependent on the type of assignment undertaken and are as follows:
Permanent placement (Recruitment)
Interim and Contracting staff
5.1 Once the applicant has accepted an offer made by the Client the fee becomes due. All invoices in respect of recruitment fees and other charges made in accordance with these Terms of Business become payable 30 days from the start date agreed by the Client and the applicant.
5.2 Should the Client fail to make payment within the specified term Gameplan reserves the right to charge interest at 4% above the base rate of the HSBC plc from the date the payment is due.
6. Rebate of Fees
6.1 If the engagement of an Applicant is terminated by the Client or the Applicant within a period of four months from the date of the Applicant’s engagement by the Client, provided that the Client shall have paid all fees due to Gameplan on or by the due date and shall have notified Gameplan of the termination of the engagement of the Applicant within thirty days thereof and the termination is not due to redundancy, constructive, wrongful or unfair dismissal or the liquidation, bankruptcy, dissolution, amalgamation or reorganization of the Client, the Client shall be entitled to a replacement employee at no further cost. If Gameplan is unable to provide a suitable employee within three months, the Client shall be entitled to a refund of a proportion of the Placement Fee as follows:-
Period from start to termination:
Up to 1 month 100% refund
Up to 2 months 50% refund
Up to 3 months 25% refund
Up to 4 months 10% refund
6.2 No rebate will be paid to the Client:-
- If Gameplan has not been notified in writing within 15 days of the effective date of termination.
- In respect of any termination of the engagement occurring after a period of twelve weeks
following its commencement date.
- If the termination is due to redundancy.
7.1 Whilst every endeavour is made by Gameplan to introduce suitable applicants for the Client’s vacancy it is the responsibility of the Client and not Gameplan to satisfy itself that the applicant has the qualifications and integrity of character required for the role.
7.2 Gameplan accepts no liability for any loss (including loss of profits), damage or expense arising out of any act or omission by its agents or by an applicant.
These terms and conditions will be effective from the date of issue xx/xx/2014. The terms shall not be amended except with prior written approval of authorised representatives of both parties.
If any provision of this agreement is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the agreement has been executed with the invalid provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the agreement the parties immediately commence negotiation to remedy such invalidity.
These conditions shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
Heinrich Van Der Westhuizen
For and on behalf of
Gameplan Group Ltd