Clients
Terms of Business
Permanent staff - Public Relations
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These Terms and Conditions of Business are made between Media Recruitment London Ltd hereinafter called the AGENT and the Employer Client ('the CLIENT') and are deemed to be accepted by the client by virtue of an interview or the engagement of (which term includes employment or use, whether under a contract of service or for services) an applicant introduced by the Agent.
- The Client agrees:
(a) To notify the agent immediately an engagement is accepted and
(b) To pay the fee of the Agent within 14 days of the commencement of the engagement. - The fee payable to the Agent by the Client for the introduction of an applicant is the amount equal to 20% of the annual commencing gross taxable pay and taxable emoluments payable by the client to the applicant. All charges are subject to the addition of VAT at the current rate in force.
Should the relevant employment terminate before the expiry of 3 months, a rebate will be allowed as follows:-
within the first month - full refund
within the second month - 50% refund
within the third month - 25% refund
provided the Client notifies the Agent within 7 days of the termination employment, and has paid the Agent's fee within 14 days of the date of invoice. The rebate is not payable in the case of the candidate's redundancy. Should the Client or any subsidiary or associated company of the Client subsequently re-engage the applicant within the period of three calendar months from the date of termination a full fee in accordance with paragraph 3 becomes payable. - Introductions are confidential. The passing on of an introduction to another employer which results in an engagement renders the client liable to payment of the Agent's fee as set out in paragraph 3.
- An introduction fee calculated in accordance with paragraph 3 of these terms will be charged in relation to any applicant engaged as a consequence of or resulting from an introduction by or through the Agent, even though the introduction may be made indirectly.
- The Agent endeavours to make every reasonable effort to ensure the suitability of applicants selected on behalf of Clients, but does not personally establish references and cannot accept responsibility for any loss, expense, damage or delay, however occasioned. The client is responsible for taking up references concerning the applicant's skills, qualifications and general integrity, obtaining work permits and satisfying any medical requirements or qualifications as are required by law. The Agent can accept no liability of any kind for any loss or damage to property, or for any other loss including without prejudice to the generality of the foregoing, loss of profits or for any injury to persons arising directly or indirectly from any act or omission of any applicant introduced by the Agent, even if such act or omission is negligent or fraudulent or reveals dishonesty.
- No variation shall be made to these terms without the written consent of a Director of the Agent and any person purporting to act on behalf of any Director of the Agent and shall not bind in any way upon the Agent.
Freelance Staff
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These terms and conditions shall apply to all instructions and introductions between Media Recruitment LONDON (MRL) and the prospective employer ("Client") and shall be deemed to be incorporated in any agreement of contract relating to the recruitment and/or appointment by the Client of any person introduced by MRL to the Client ("Candidate").
The Candidate's curriculum vitae is provided to the Client in strict confidence for the Client's use only and is supplied on the basis that its contents are not be disclosed to any third party without MRL's prior written consent.
The Candidate is introduced to the Client on the basis that he/she is subject to the supervision, direction and control of the Client as to the manner in which the Candidate renders his/her services to the Client. The Client shall be responsible for all acts, errors and omissions of the Candidate whether they are wilful, negligent or otherwise, as though the Candidate were the direct employee of the Client, and shall indemnify MRL in respect of any and all liability and claims arising from such acts, errors or omissions.
At the Client's options, EITHER:
The Client shall be responsible for paying the Candidate's remuneration directly on an hourly/daily/ monthly basis (as agreed), at a rate agreed between MRL and the Client. The payment of all income tax and National Insurance contributions will be the responsibility of the Candidate or clients agreed between them. In addition to the remuneration paid by the Client to the Candidate the Client shall pay MRL a freelance fee of 20% (plus VAT) of the gross remuneration payable to the Candidate within 14 days of the receipt of a valid VAT invoice from MRL. The client shall indemnify MRL in respect of any claims made against MRL by the Inland Revenue or Department of Social Security arising out of any payments made to the Candidate by the Client; OR
MRL will be responsible for paying the Candidate's remuneration directly on an hourly/daily/monthly basis (as agreed) at a rate agreed between MRL and the Client from time to time. The Client shall pay to MRL a sum equal to the Candidate's gross remuneration based on the number of hours worked in the relevant period together with VAT thereon within 7 days of the receipt of a valid VAT invoice from MRL. MRL will deduct income tax and National Insurance Contributions from payments due to the Candidate and make payment to the relevant authority. In addition the Client shall pay MRL a freelance fee of 20% (plus VAT) of the gross remuneration payable to the Candidate in the relevant period which shall be paid within 7 days of the receipt of a valid VAT invoice from MRL. The Client shall not make any payments to the Candidate directly without having first deducted income tax and National Insurance Contributions.
If a candidate is confirmed for a said period, but then the client does not require their services, the client agrees to pay for the time originally booked.
If any Candidate introduced to Client by MRL is engaged by the Client or an associate of the Client on a freelance basis at any time within the period of 12 months following the initial introduction of the Candidate by MRL to the Client, then a freelance fee should be payable to MRL in accordance with the above provisions.
MRL will provide the Candidate with regular time sheets for the Candidate to complete. The Client shall sign and verify the time sheets for each Candidate. Signature of the time sheets constitutes acceptance by the Client that the Candidate's services have been provided satisfactorily for the hours stated on the time sheets. The time sheets must be returned by MRL on the last day of the relevant period worked to arrive (if by post) no later than the first day of the following week. If the Client or an associate of the Client offers permanent employment to the candidate at any time within 12 months of an introduction made by MRL or the commencement of an assignment, then the Client shall pay MRL a permanent placement fee of 20% (plus VAT) of the Candidate's gross starting annual salary (which is deemed to include any financial bonuses of commissions and any car allowance) within 14 days of the receipt of a valid VAT invoice from MRL. Any information provided by MRL about a Candidate is confidential and the use or passing of such information by or to a third party may render the Client liable to pay the permanent fee.
If the Candidate leaves the permanent employment of the Client within 3 months of the Candidate accepting permanent employment then the Client shall be entitled to a refund/rebate of the permanent fee (but not for the avoidance of doubt, the freelance fee paid to MRL) as follows:
Departure Within Rebate
the first month full refund
the second month 50% refund
the third month 20% refund
The rebate is only payable if (a) the permanent fee has been paid within 14 days of invoicing the Client and (b) the Client notifies MRL of the Candidate's departure within 7 days of leaving. The rebate is not payable in the case of the Candidate's redundancy.
Should the Client or any subsidiary or associated company of the Client subsequently re-engage the applicant within the period of three calendar months from the date of termination a full fee in accordance with paragraph 3 becomes payable.
