Terms of Business For Permanant Staff

Effective from 23 June 2005

1. These terms of business between Internal Audit People Limited (IAP) and the employer (the Client) are deemed to be accepted by the Client from the time of a request from the Client to IAP to introduce one or more candidates for a post. For the purposes of these terms "introduce" shall be deemed to include without limitation the provision by IAP of any details whether written or oral of a candidate. For the purposes of these terms the word "engaged" shall be deemed to include without limitation acceptance of a candidate's services whether direct or indirect.
2. The introductory fee charged by IAP is calculated as a percentage of the total of the higher of (a) the candidate's estimated first year salary and benefits or (b) the candidate's starting salary and benefits. Both a company car and participation in a profit sharing scheme will be taken as a benefit of £2000 each per annum, and participation in a share option scheme will be taken as a benefit of £1000 per annum. The value of a pension scheme will be taken as the employer's percentage rate of contribution to the scheme times the worker's first year's salary, using the most recent contribution rate known. The fee is payable by the Client in the event of the Client's engagement of a candidate. The amounts quoted here will exclude VAT but will be subject to VAT:-

   Fee %	Salary and benefits £ per annum
   25%	Any and all

3. In the case of a part time post, that is one requiring the candidate to work up to but not including four full days per week or up to and including 20 hours per week, becoming full time that is four or more days per week or over 20 hours per week, within two years of the commencement of the part time post, then a further fee will be payable in accordance with the above table of charges. Charges for advertising must be agreed separately in writing before the advertisement is placed and will be payable irrespective of whether or not a candidate is engaged. All other charges must be separately agreed in writing and will be payable irrespective of whether or not a candidate is engaged. IAP cannot guarantee to fill a vacancy.
4. The Client will be liable to pay to IAP the fees as set out in Clause 2 above in respect of the engagement of a candidate introduced by IAP at any time up to 12 months from the date of such introduction or from the date of the Client's last interview with the candidate, whichever is the later. ‘Interview’ will include, but not be limited to, a face to face interview or telephone contact with the candidate.
5. The full amount of the IAP introductory fee and other charges shall be paid by the Client without any deduction whatsoever within 30 days of the date of the IAP invoice. Overdue accounts will be subject to a surcharge of 2.5% per month or part thereof.
6. The Client undertakes to notify IAP immediately of the intention to engage a candidate introduced by IAP on a permanent or other basis.
7. The client undertakes to notify IAP, within 1 month of engagement, where the candidate is considered unsatisfactory.
8. Subject to clauses 8-12 inclusive hereof, if the engagement of a candidate terminates within 3 calendar months of commencement of engagement IAP will refund a proportion of the introductory fee paid as follows:-
• Within the first 2 weeks of commencement of engagement: 100% less £400 handling charge
• Between third week and ninth week: 75%
• Between the tenth week and thirteenth week: 50%
9. Under no circumstances will any other fees or expenses be refunded.
10. Where the candidate was previously engaged by the client as a locum, temporary freelance, or contract worker introduced by IAP, the fee will be in accordance with our Terms of Business for Temporary and Freelance Workers.
11. No refund will be made in respect of an engagement where the employment has terminated within 3 calendar months of commencement unless: (a) the total introductory fee and other expenses were paid in accordance with clause 5 hereof (time to be of the essence) and (b) written notice is received by IAP within 7 days of termination (howsoever arising) of the candidate's employment (time to be of the essence). Failure to notify IAP in accordance with clause 7 shall be considered to constitute acceptance of the candidate's suitability and liability for the full fee.
12. IAP reserves the right to refuse to make a refund where the Client has engaged a candidate introduced by IAP with the prior or likely intention of dispensing with the candidate's services of whatever nature or terminating employment either without proper cause or with a view to obtaining a refund unfairly.
13. If within 12 months of the introduction of a candidate, the Client introduces the candidate to another company, firm, person or body which accepts such candidate directly or indirectly (whether under contract of employment or for services of a permanent or temporary nature) then the Client shall be responsible and immediately liable for the full amount of the IAP introductory fee as set out in clause 2 above as if the Client had employed the candidate. The provision of clause 6 shall not apply in these circumstances.
14. IAP shall use all reasonable endeavours to ensure that its candidates are efficient, honest, and reliable but the Client hereby acknowledges that no warranty can be given by IAP in this regard and that it is the entire responsibility of the Client to ensure that the worker is suitable for its requirements and the Client further acknowledges that during the period of engagement the worker will be under the sole direction, supervision and control of the Client.
15. Neither IAP nor its workers staff or associates shall be liable for any loss or be liable for any damage caused to the Client, its staff or property as the result of an introduction effected by IAP, its staff or associates.
16. These terms cannot be varied save in writing by a Director or by the Company Secretary of IAP.