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Terms of Business
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1.
DEFINITIONS
In these Terms of Business the following definitions apply:
"Assignment" means the period during which the Contractor or Temp is
supplied to render services to the Client;
"Client" means the person, firm or corporate body together with any
subsidiary or associated company this form is addressed to;
"Contractor" means the limited company introduced to the client by
Oasis to carry out an assignment (and save or otherwise indicated,
includes any officer, employee, or representative thereof);
"Oasis" means Oasis Recruitment Group Ltd of registered office, St
Peters House, 64 North Street, Chichester, PO19 1LT acting as an Employment
Business and Employment Agency within the meaning of the Regulations;
"Engagement" means the engagement, employment or use of the Applicant
directly by the Client or any third party or through any other employment
business/agency on a permanent or temporary basis, whether under a contract
of service or for
services; an agency, license, franchise or partnership arrangement;
or any other engagement; directly or through a limited company of which the Applicant
is an
officer or employee;
"Applicant" means the person or Contractor Introduced by Oasis to the
Client for an Engagement;
"Transfer Fee" means 300 x hourly rate (or such other fee as may be
agreed) plus VAT;
"Relevant Period" means the later of either 14 weeks from the first
day of the first Assignment (the "first Assignment" being
each new Assignment where there has been a break of more than 6 weeks
since
the end
of the previous Assignment) or 8 weeks commencing on the day after
the day on which
an Assignment ended;
"Regulations" means The Conduct of Employment Agencies and Employment
Business Regulations 2003 as may be amended from time to time;
"Introduction Fee" means the fee payable in accordance with clause
3.8 below and Regulation 10 of the Regulations ;
"Introduction" means where Oasis passes the curriculum vitae of an
Applicant or other information that would identify an Applicant to
the Client
"Remuneration" includes base salary or fees, guaranteed and/or anticipated
bonus and commission earnings, allowances, inducement payments, the benefit of
a company car and all other payments and taxable (and, where applicable, non-taxable)
emoluments payable to or receivable by the Applicant for services rendered to
or on behalf of the Client or any third party. Where a company car is provided,
a notional amount of £4000 will be added to the salary in order
to calculate Oasis' fee;
"Temp" means an individual who is Introduced by Oasis to render services
to the client on a temporary basis;
"Perm" means an individual who is Introduced by Oasis to render services
to the client on a permanent basis;
"Agreed Period" means 24 weeks or such other period as agreed. Where
Oasis has supplied the Contractor or Temp, the Agreed Period shall
commence on the day after the last day of the Assignment;
"Temp-to-Perm" means where a Temp is taken on directly by the Client;
"Temp-To-Temp" means
where a Temp is subsequently supplied to the Client by a different
employment business;
"Temp-To-Third Party" means
where the Client introduces a Temp to another person who engages
the Temp directly.
Unless the context otherwise requires,
references to the singular include
the plural. The headings
contained
in
these Terms are
for convenience only
and
do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms constitute the
contract between Oasis
and the Client for
the supply of the
Applicant by
Oasis to
the Client
and are deemed to be
accepted
by the Client by virtue
of its request for, interview with or
Engagement
of the Applicant
or the passing
of any information
about the Applicant
to any
third
party following an Introduction.
2.2 These Terms contain
the entire agreement
between the
parties
and unless otherwise
agreed in writing
by a director
of Oasis,
these Terms prevail
over any terms
of business or purchase
conditions put forward
by the Client.
2.3 No variation or
alteration to these
Terms shall
be valid unless
the details of such
variation are
agreed between
Oasis and the Client and
are set out in
writing and a copy
of the
varied
terms is given
to the Client stating the
date on or after
which such
varied
terms
shall
apply.
2.4 Failure by the
Client to sign
these Terms will
not constitute
non-acceptance.
3. CHARGES AND
NOTIFICATION
3.1 The Client
agrees
to pay the hourly
charges
of Oasis. The charges
are calculated
according
to the
number
of hours worked
by the
Contractor or
Temp (to
the nearest quarter
hour).
The charges
comprise mainly the Contractor's
or Temp's
pay but
also include National
Insurance
contributions,
Working
Time Directive
Holiday
allowance, Oasis'
commission
calculated
as a percentage
of the
Contractor's
or Temp's
pay, and
any travel, hotel
or other
such
expenses
as may
have been agreed
with the
Client or, if there
is
no such
agreement,
such
expenses
as are reasonable.
VAT, if
applicable,
is payable on the
entirety
of these charges.
3.2 The charges
are invoiced
to the
Client on a weekly
basis
and are
payable
within 14 days.
Oasis
reserves
the right
to charge
interest on any overdue
amounts
at the
rate
of 4% above the
base rate
from
time
to time of Barclays
Bank
plc from the
due
date
until the date
of payment.
3.3 There
are
no rebates payable in
respect
of
the charges of Oasis
for
the
services rendered
by
the Contractors or
Temps.
3.4 The
Client
agrees:
To notify
the
Agency immediately
of
any
offer of
an
Engagement which
it
makes to the
Applicant;
To
notify the
Agency immediately
that its
offer of
an Engagement
to the
Applicant has
been accepted
and to
provide details
of the
Remuneration to
the Agency;
and
To
pay the
Agency's fee
within 14
days of
the date
of invoice.
3.5
Except
in the
circumstances set
out in
clause 5
below, no
fee is
incurred by
the Client
until the
Applicant commences
the Engagement
when the
Agency will
render an
invoice to
the Client
for its
fees.
3.6
The Client
shall pay
executive search
fees 30%
of total
annual taxable
remuneration for
each appointed
Applicant payable
as follows:
10%
on agreement
of the
Assignment; 10%
on short
list presentation,
10% appointment
fee upon
appointment in
any capacity
by the
Client or
any associated
company. The
Client shall
also pay
advertising at
cost (no
premium), space
and production
charges are
charged to
the Client
at cost.
Payment is
due on
date of
publication of
each advertisement.
Where the
precise Remuneration
is not
known in
advance, the
Remuneration will
be estimated
for the
purposes of
the first
two instalments
of the
fee. The
final instalment
of the
fee will
be based
on the
actual Remuneration
and any
necessary adjustments
will be
made and
no entitlement
to refunds
of any
paid instalments
arises, where
the Client
decides not
to proceed
with the
search or
appointment of
the Applicant.
3.7 Oasis reserves
the right
to increase
the charges
in proportion
to any
increases which
may occur
in wage
rates, employers
national insurance
contributions, or
the cost
of materials
or equipment
needed to
carry out
the Assignment.
3.8
In addition
to the
fees payable
under clause
3.6, the
fee payable
to Oasis
by the
Client for
an Introduction
resulting in
an Engagement
is the
amount equal
to:
12%
of Remuneration
up to £10000
15%
of Remuneration
from £10001 - £15000
20%
of Remuneration
from £15001 - £30000
25%
of Remuneration
from £30001
and above during the
first 12 months of the
Engagement.
VAT will be charged
on the fee if applicable.
3.9 Failure by
the Client
to notify
Oasis of
an offer
of Engagement
which results
in the
commencement of
an Applicant
will render
the Client
liable to
a fee
equal to
25% of
the Remuneration.
3.10 Oasis reserves
the right
to charge
the Client £5.00
+ VAT per copy invoice.
3.11 Oasis
may
use a
licensed credit
referencing agency
and a
search may
be recorded
on file.
4.
TRANSFER
FEES
IN
RELATION
TO
TEMPS
4.1 Where
there
has
been
a
supply
of
a
Temp
leading
to
a
Temp-to-Perm
or
Temp-to-Temp
arrangement
within
the
Relevant
Period
or
where
there
has
been
an
Introduction
but
no
supply
of
a
temp
leading
to
a
Temp-to
Perm
or
to
a
Temp-to-Temp
arrangement
within
6
months
of
the
Introduction,
the
Client
shall
be
liable
to
either:
(a)
hire
the
Temp
for
the
Agreed
Period;
OR
(b)
pay
the
Transfer
Fee.
4.2 The
Client
shall
give
Oasis
14
days
notice
in
advance
of
the
period
during
which
they
intend
to
hire
a
Temp
for
the
Agreed
period.
4.3 Where
there
has
been
a
supply
of
a
Temp
leading
to
a
Temp-to-Third
Party
arrangement
within
the
Relevant
Period
or
where
there
has
been
an
Introduction
but
no
supply
of
a
Temp
leading
to
a
Temp-to-Third
Party
arrangement
within
6
months
from
the
date
of
Introduction,
the
Client
shall
pay
the
Transfer
Fee.
4.4 There
are
no
refunds
payable
in
respect
of
Transfer
Fees.
5
TRANSFER
AND
INTRODUCTION
FEES
IN
RELATION
TO
CONTRACTORS
5.1 In
the
event
of
the
Engagement
of
a
Contractor
supplied
by
Oasis
either
(1)
directly
by
the
Client
or
(2)
by
the
Client
pursuant
to
being
supplied
by
another
employment
business/agency,
within
the
Relevant
Period
the
Client
shall be
liable,
to
either:
(a)
hire
the
Contractor
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