LONGBOW SEARCH AGREEMENT FOR THE PROVISION OF RECRUITMENT SERVICES. Webber Fox Group Pte Ltd, Trading as Longbow Search

Transcription

1 SEARCH AGREEMENT FOR THE PROVISION OF RECRUITMENT SERVICES Webber Fox Group Pte Ltd, Trading as Longbow Search TABLE OF CONTENTS: 1. DEFINITIONS 2. CONTINGENCY FEES AND PAYMENT 3. RETAINED FEES AND PAYMENT 4. TERM AND TERMINATION 5. PUBLICITY 6. FORCE MAJEURE 7. LIABILITY AND INDEMNITY 8. GENERAL

2 These Terms and Conditions of Business are made between Webber Fox Group Pte Ltd, Trading as Longbow Search ( Longbow ) whose registered office is 19/Floor, Royal Group Building, 3 Phillip Street, Singapore, and the Client: of registered address. It is now agreed as follows: This Agreement is deemed to be accepted by the Client on agreement of an interview or the appointment of a Candidate (which term includes employment or use, whether under a contract of services or for services, or where a candidate is retained by the Client in a personal or commercial capacity as agent or distributor for the Client). 1. DEFINITIONS The following expressions shall have the ascribed meanings wherever used in this Agreement: i. Candidate means an individual introduced to the Client by Longbow howsoever put forward by the Longbow within a period of 12 months from the date of Introduction; ii. iii. iv. Fee means the fee for the provision of the services specified in this Agreement; Force Majeure means any act of God, government regulation, intervention or act, insurrection or riots, civil war, military action, acts of terrorism or unrest or regulations of any civil or military authority or any other event outside the reasonable control of the parties; Introduction means the presentation of a candidate by Longbow to the Client for appointment and applies whether or not the Client was aware of the Candidate previously or the Client knew the Candidate prior to introduction; v. Total Compensation means the Candidate s base salary for the first full year of employment plus any further guaranteed income, any indicated bonus and/or stock award indicated or guaranteed in writing. In the event of a guarantee or retainer being for a period of less than 12 months, the fees shall be calculated on a pro-rata basis as if the guarantee/retainer were for a period of 12 months. 2

3 2. CONTINGENCY FEES AND PAYMENT I. Longbow will invoice a fee based on thirty percent (30%) of the successfully placed Candidate s Total Compensation. I A minimum charge of USD $7,500 will apply to any engagement where the total annual remuneration is less than USD $25,000. If a candidate s appointment with the Client is lawfully terminated for any reason other than redundancy any fee paid by the Client will be refunded according to the scale below: 1 st Week of Employment; 100% of the fee will be returned 2 nd Week of Employment; 80% of the fee will be returned 3 rd Week of Employment; 60% of the fee will be returned 4 rd Week of Employment; 40% of the fee will be returned Over 5 Weeks of Employment; none of the fee will be returned Invoices submitted by Longbow shall specify the Fee due and payable by the Client. V. Invoices for Fees due shall be submitted within fourteen (14) days of the commencement of the candidate s employment with the Client. All accounts and charges are payable within thirty (30) days of said invoice. VI. Longbow reserves the right that in the event that any one or more invoices remain unpaid longer than thirty (30) days from the date of issue, interest calculated at the current Bank of England base rate plus 2.5% per calendar month shall be payable by the Client. 3. RETAINED FEES AND PAYMENT I. All standard terms and conditions apply as stated, with exception of the following: a. Assignment fees shall be calculated at the rate of thirty five percent (35%) of the Candidate s Total Compensation. The fee is payable in three instalments: (i) 1/3 rd of total fee upon acceptance of assignment. (Non refundable) (ii) 1/3 rd of total fee upon presentation of a shortlist of candidates (Non refundable) (iii) The remaining 1/3 rd being due on offer, and acceptance of the candidate. b. A minimum fee of USD $10,000 will apply to any assignment. The rebate scale in 2.III will apply to payments made for fees paid in relation to item 3.I.a.iii. 3

4 4. TERM AND TERMINATION This Agreement takes effect from the date of execution and shall remain in force unless terminated by either party by the giving of one month s prior written notice and will replace any previous agreements. 5. PUBLICITY I. Any expenses directly connected with the assignment will be agreed in advance with the Client, and billed to the Client at cost. Fees and Terms of Business for advertising assignments may be varied subject to the Client s particular brief. 6. FORCE MAJEURE I. Neither Party will be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its reasonable control. The Party affected by an event of Force Majeure agrees to give notice to the other with such notice to contain details of the circumstances giving rise to the event of Force Majeure. 7. LIABILITY AND INDEMNITY I. The Client is deemed responsible for examining references as to the Candidate s qualification, capabilities, integrity, medical history and suitability to meet the job specification. I It is the Client s responsibility to obtain a work permit for the Candidate, if required. Longbow can accept no liability whatsoever on behalf of Clients, their servants or agents for any loss, damage, costs or expenses howsoever caused which the Client may suffer, or for which the Client may become liable arising out of or in connection with an introduction to the Client or the appointment by the Client of a Candidate. Any expenses incurred in connection with an assignment or an introduction, such as Candidate or Consultant travel, is agreed at the outset or only following prior notification. 8. GENERAL I. Nothing in this Agreement shall be deemed to create a partnership or agency relationship between Longbow and the Client or be deemed to authorise either party to incur any liabilities or obligations on behalf of or in the name of the other. This Agreement is governed by and shall be construed in accordance with Singapore law. Each of the parties hereto submits to the exclusive jurisdiction of these courts for all purposes relating to this Agreement. 4

5 I The Client shall comply, and ensure that their employees shall comply, with any applicable legislation in the jurisdictions in which this agreement operates relating to discrimination in employment on the grounds of gender, race, age, disability, sexual orientation, religion or belief. Any difference to the Terms of Business, as laid out above, will be agreed in writing by both parties prior to the commencement of an assignment. Longbow Search Client Signed by: Registered Company Address: Name: Position: Signed By: Date: Name: Position: Date: 5