Recruitment Terms & Conditions of Business
Placement Fees are expressed as a percentage of the Remuneration (as agreed with the Consultancy). The relevant percentage shall be agreed with the Consultancy and documented in the Terms Amendment form and shall apply to the entire amount of the Remuneration
Our Placement Fee percentage for the provision of permanent recruitment services is based on below.
Our Placement Fee is additionally subject to Value Added Tax at the standard rate applicable at the date that the invoice is issued. An invoice for the Placement Fee shall be issued by the Consultancy upon the Candidate's acceptance of the Client's offer of employment. The place fee percentages are as follows:
10% of candidate annual salary
1. In these Terms:-
“Consultancy” means Jobibo, whose registered office is at Jobibo, St. Andrews House, Commercial Road, Blackburn, BB3 0DG, ENGLAND
“Candidate” means the individual introduced to the Client by the Consultancy;
“Client” means the person, firm or corporate body together with any Subsidiary or Associated Organisation as defined by the Companies Act 1985 to whom the Candidate is introduced;
“Contingent Introduction” means the introduction of a Candidate to the Client by the Consultancy where the Placement Fee is payable upon the Candidate's acceptance of the Client's offer of an Engagement, either made verbally or in writing. No prior specific instruction from the Client is required to affect a Contingent Introduction; “Engagement” means the engagement, employment or hiring of the Candidate by the Client as an employee, self-employed contractor, adviser, partner or otherwise;
“Placement Fee” means the percentage of the Remuneration agreed with the consultancy as detailed in the Terms Amendment form(or any other fixed amount agreed in accordance with clause 11), which is payable by the Client to the Consultancy for the introduction of the Candidate in accordance with Clause 3.
“Introduction” means the Client’s interview of a Candidate in person or by telephone following the Client’s instruction to the Consultancy to fill a vacancy or the passing to the Client of a curriculum vitae or other information which identifies the Candidate, and which leads to an Engagement of that Candidate by the Client;
“Remuneration” means the aggregate gross annual taxable emoluments payable to or receivable by the Candidate pursuant to the Engagement, including salary, bonuses, profit share, commission, pension, allowances and PRP and any signing-on payment or equivalent (contractual or otherwise and whether guaranteed or not) paid to the Candidate during the first year of the Engagement or attributable to such period and paid subsequently. The value of payment of pension contributions (whether to the Client's or Candidate's own scheme) shall be calculated as the higher of the actual value of the contributions or £2,000 per annum. Bonus/profit share, which is not guaranteed, will be determined on the projected values. Any car, housing and/or relocation allowance shall be treated as part of the Candidate's taxable emoluments. The value of the provision of a company car shall be calculated as the higher of either the taxable benefit of the car provided or the figure of £4,000 per annum and provision of housing, accommodation and/or relocation allowance shall be calculated as the higher of either the benefit or £2,000 per annum. Where the salary or any other element of the package offered to the Candidate is expressed to be net, (i.e. after deductions) then for the purposes of calculating the Remuneration this will be grossed up to reflect the value prior to tax or other deductions, by a percentage agreed between the Consultancy and the Client, or failing agreement, by a factor of 66%;
“Retained Introduction” means the introduction of a Candidate to the Client by the Consultancy on the basis of a specific instruction to identify and select a suitable Candidate for the Client's vacancy. Such introductions will be conducted by the Consultancy on the basis of either Executive Search or Advertised Selection, and the Placement Fee will be invoiced in accordance with the rates quoted above;
“Executive Search” means the identification of potential Candidates by the Consultancy and/or the Client and the targeting and direct approach of such Candidates by the Consultancy;
“Advertised Selection” means the selection of Candidates who respond to advertisements placed in various
media by the Consultancy relating to the Client’s vacancy;
“Advertised Selection with Targeted Search” means a hybrid of Executive Search and Advertised Selection (as defined above) – with a limited number of Candidates being approached;
“Shortlist” means the list of Candidates sent by the Consultancy to the Client in either written or electronic form. References to the singular include the plural and vice versa.
“Subsidiary” means a company that is a subsidiary of the Client. For the purposes of the Terms and Conditions a Subsidiary is a company where the Client holds a majority of voting rights in the subsidiary company, the Client is a member of the subsidiary company (and has the right to appoint or remove a majority of the board of directors of the subsidiary company), or if the Client is a member of the subsidiary company and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights in the subsidiary company. “Associated Organisation” means any organisation (whether a limited company, limited liability partnership, partnership, sole trader, club, charity or social enterprise) which is controlled or owned in whole or in part by the Client or any of the shareholders of the Client.
“Jobibo Staff” means any employee or agent of Jobibo
“Jobibo” means Jobibo
2. These Terms regulate the basis upon which Introductions are effected by the Consultancy and are deemed to be accepted by the Client upon the Client's request for details of Candidates or interview with Candidates (whether by telephone or in person).
3. The Placement Fees set out below shall be payable as follows upon the following events:
a. Retained Introductions – The Placement Fee is payable in two instalments, the final instalment reflecting the actual agreed Remuneration. The first instalment is invoiced upon the Consultancy’s acceptance of instruction and is equal to one third of the anticipated Placement Fee; - the second instalment is invoiced upon the Candidate's acceptance of the Client's offer of an Engagement. The Consultancy may, at its discretion, delay rendering its invoice until the date of the commencement of the Engagement.
b. Contingent Introductions - 100% of the fee due upon the Candidate's first day of employment
c. Where the Candidate’s actual Remuneration is higher than the figure upon which the Placement Fee has been calculated, the Client shall provide details of the Remuneration to the Consultancy within 3 months of the expiry of the first year of the Engagement and the Consultancy shall be entitled to charge a further Placement Fee which shall be calculated by applying the applicable percentage set out above to the excess amount of the Remuneration.
d. The Placement Fees will be invoiced, and are payable, in Sterling. Where the Remuneration is expressed in a different currency, the Placement Fee will be based on the Sterling equivalent, calculated according to the mid-point price for such currencies published in the Financial Times on the date of the relevant invoice.
e. Agreed expenses (where each individual item exceeds £100) such as research, travelling expenses, interview expenses and other exceptional expenses shall be invoiced in addition to the Placement Fee.
f. All invoices are payable within 30 days of the date of invoice. Failure to pay within this timescale will result in a 5% surcharge being payable.
4. The Consultancy will also be entitled to claim a Placement Fee from the Client for up to six years in the following situations:
a. The Engagement by the Client, its Subsidiary or Associated Organisation of any Candidate as a consequence of or resulting from an Introduction by or through the Consultancy, whether direct or indirect, during the preceding 12 month period The Placement Fee is payable even if the Client engages the Candidate for a vacancy different from the one originally sought and shall apply to any Engagement of the Candidate in any position by the Client or by any Subsidiary or Associated Organisation of the Client.
b. The passing of information regarding a Candidate to a third party which results in the Engagement of the Candidate by that third party within 12 months.
c. Where a Candidate introduces any other individual to the Client within 12 months of such Introduction which results in the Engagement of such individual.
5. In the event of any of circumstances outlined in either point 3 or point 4 occurring without the knowledge of the Consultancy or if you haven’t signed and returned the Fee Agreement prior to receiving CVs we reserve the right to base our invoice on a rate of 30% of the first year’s remuneration regardless of any prior agreed fee rates.
6. Where any Candidate introduced by the Consultancy to the Client is already known to the Client as a result of direct contact or contact through another consultancy, the Client shall notify the Consultancy of that fact in writing within 1 working day from the Introduction (“Notification Period”), failing which the Client will be liable to pay the Consultancy’s Placement Fee in the event of its Engagement of that Candidate. In the event that the Client does not notify the Consultancy within the Notification Period then the Consultancy shall be entitled to all of its Placement Fee and it shall not be required to share the Placement Fee with any other consultancy or agency even if the Candidate is engaged for any other vacancy than the one for which the Consultancy was originally consulted.
7. If the Consultancy provides an advertising service to the Client, the Client will be liable to pay within seven (7) days of invoice date for agreed artwork, production costs and the costs of media buying including internet advertising costs. An advertisement may only be cancelled on sufficient notice to enable the Consultancy or its advertising agency to withdraw the advertisement.
8. The Consultancy shall endeavour to ensure the suitability of a Candidate and to maintain a high standard of service and integrity but gives no warranty as to such suitability. The Client shall take such steps as it deems necessary to satisfy itself of the suitability of the Candidate and shall be responsible for taking up any references (including the confirmation of any professional or academic qualifications) and for arranging all medical examinations and investigations of the Candidate and for obtaining any work or other permits. Clients should familiarise themselves with all relevant legislation regarding Engagement of Candidates, as the Consultancy cannot accept responsibility for any loss or expense incurred due to any such legislation or as a result of any infringement.
9. The Consultancy shall not be liable to the Client for any loss, liability, damages, costs, claims or expenses suffered or incurred by the Client as a result of the negligence, dishonesty or misconduct of the Candidate or arising from, or connected with, the Engagement of a Candidate or the failure to introduce a suitable Candidate
10 No variation to these Terms can be made without the written consent of a Director of the Consultancy.
11 Where a Candidate or the Client gives notice of termination of employment (howsoever arising) during a period of three calendar months from the commencement of employment, the Consultancy may offer, at its discretion and depending on the level of service you have purchased:
a. To repeat its provision of recruitment solutions to the Client and source a replacement Candidate for the same role (a “Replacement Provision”).
b. To provide further recruitment solutions for the Client and source another Candidate for another role (an “Alternative Provision”)
12. The Consultancy will have no obligation to offer a Replacement Provision or an Alternative Provision unless all of the following extra conditions are satisfied:
a. The Consultancy’s invoice in relation to the original Candidate has been paid in full.
b. The Client has notified the Consultancy in writing of the Candidate’s termination of employment within 24 hours of notice of termination being given.
c. The Client provides the Consultancy with written evidence of the Candidate’s termination of employment within 24 hours of the termination of employment.
d. The Client undertakes not to use any sources for the recruitment of a person for the role, other than the Consultancy.
13. The Consultancy need not offer a Replacement Provision or an Alternative Provision if the Consultancy has already conducted a Replacement Provision in relation to the role.
14. If the Client sources a person to fill the role who is not a Candidate provided by the Consultancy, the
Consultancy shall have no further obligation to provide a Replacement Provision or an Alternative Provision.
15. These terms of business are governed by English law and all disputes arising from these terms shall fall within the exclusive jurisdiction of the English Courts.
Last updated 22nd August 2023