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Terms & Conditions

TERMS & CONDITIONS OF BUSINESS

Below are the Terms & Conditions by which we operate at Projectus Ltd.  If you have any other queries please contact us on: 0203 8000 501

GENERAL TERMS & CONDITIONS OF BUSINESS

1. Terms and Conditions

   1.1 All and any business undertaken by Projectus Limited is transacted subject to the terms and conditions hereinafter set out, each of which will be incorporated or implied in any agreement between Projectus and the Client.

   1.2 In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless otherwise expressly agreed by Projectus in writing.

   1.3 Projectus is acting in the capacity as an employment agency.  Any amendments to these terms and conditions must be in writing and signed by an authorised representative of Projectus.

   1.4 The Client is deemed to have accepted these terms and conditions of business upon the arrangement of an interview, or the interview of a Candidate Introduced by Projectus whether effected by Projectus directly or by the Client.

Definitions

“Candidate”

Means any person, firm or body corporate together with any subsidiary, group or associated company (as defined by the Companies Act 1985) Introduced by Projectus to the Client or by the Client to a Qualifying Third Person with a view to the Client or a Qualifying Third Person offering Employment.

“Client”

Means the person, firm or body corporate together with any subsidiary, group or associated company (as defined by the Companies Act 1985) to whom an Introduction is made

“Commencement of Employment”

Means the first day of the Candidate's Employment or the first day the Candidate is entitled to any remuneration whichever is the sooner

“Employment”

Means any employment by the Client or a Qualifying Third Person of the Candidate whether on PAYE, self employed or a contract for services either directly with the Candidate or through any body corporate or third party irrespective of whether the Employment is subject to a trial period and irrespective of whether the Employment is part time or full time.  Employs, Employed and Employment shall be construed accordingly.

Employee of Projectus

Means any person, firm or body corporate whom is employed by Projectus whether on PAYE, self employed or a contract for services either directly or through a Qualifying Third Person irrespective of whether the employment is subject to a trial period and irrespective of whether the employment is part time or full time.

Fee

Shall mean 30% of the Total Salary plus VAT.  The minimum Fee shall be £5,000 plus VAT

Interest”

Means the rate of 2.5% above the Bank of England plc base rate, to be compounded monthly.

“Introduction”

Means the provision to the Client or Qualifying Third Person of information by way of submission of the Candidate's curriculum vitae, linkedin profile, verbal profile, personal introduction or in such format as the Client or Qualifying Third Person may require, and or the submission of any other information which identifies the Candidate whether or not the Client or Qualifying Third Person knew of the Candidate previously.  Introduction and Introduce shall be construed accordingly.

“Leaves Employment”

Means the last day of the Candidate's Employment or the last day the Candidate is entitled to any remuneration whichever is the later.

 “Projectus”

Means Projectus Limited (Company Number: 08106993) registered at  344-354 Gray's Inn Road, London, WC1X 8BP

 “Total Salary”

Means the Candidate’s first year anticipated (including guaranteed and non guaranteed elements) gross remuneration which shall include but not be limited to salary, benefits, car or car allowance, commission, bonuses, overseas premiums, living/accommodation allowances, profit share, and any other financial elements that shall have been provided to act as an incentive to the Candidate to join the Client .  The provision of a car is valued at £5,000 additional remuneration.

“Qualifying Third Person”

Means any person, firm or body corporate together with any subsidiary group or associated company (as defined by the Companies Act 1985) to whom the Client has introduced the Candidate and by whom the Candidate is subsequently Employed. 

Replacement

Means another Candidate Introduced by Projectus to the Client or a Qualifying Third Person

“VAT”

Value Added Tax charged at the appropriate rate, in existence from time to time.

TERMS & CONDITIONS OF PERMANENT PLACEMENTS

3. Fees

    3.1 The Fee is payable by the Client or Qualifying Third Person to Projectus within 14 days of the Candidate’s Commencement of Employment with the Client or any Qualifying Third Person.

    3.2 In the event that a Candidate who has been Introduced by Projectus is rejected by the Client or Qualifying Third Person or a Candidate rejects an offer of Employment by the Client or Qualifying Third Person, the Client or Qualifying Third Person shall pay Projectus a Fee, if the Candidate is subsequently employed by the Client or Qualifying Third Person within 12 months of the date on which the Candidate was last Introduced to the Client or Qualifying Third Person by Projectus. The Fee will be payable within 14 days of the Commencement of Employment of the Candidate with the Client or Qualifying Third Party.

    3.3 If within 12 months of an Introduction by Projectus:

        3.3.1 the Client or Qualifying Third Person employs any Candidate either directly or via an employment business or an employment agency; or

        3.3.2 the Client or Qualifying Third Person uses or claims to use the services of a Candidate in any capacity otherwise than through Projectus including but not limited to outsourcing or corporate restructuring; or

       3.3.3 the Client or Qualifying Third Person  employs or engages any Candidate as a direct or indirect result of any Candidate responding to an internal or external advertisement published by the Client or its representatives or agentsthe Client or Qualifying Third Person shall be liable to pay Projectus a Fee within 14 days of the Candidate’s Commencement of Employment.

   3.4 In the event that the Client Introduces or re-Introduces a Candidate to a Qualifying Third Person which results in the Candidate receiving an offer of Employment within twelve months of the last Introduction date, the Client shall pay Projectus a Fee within 14 days of the Candidate’s Commencement of Employment with the Qualifying Third Person.

   3.5 In the event that within twelve months of the last Introduction Date, the Client or Qualifying Third Person offer Employment to an Employee of Projectus then the Client or Qualifying Third Person shall be liable to pay Projectus a Fee within 14 days of the Commencement of Employment of the Employee of Projectus with the Client or Qualifying Third Person.

  3.6 In the event that more than one Candidate is Employed by the Client or Qualifying Third Person, then the Client shall pay a Fee as detailed in these terms and conditions, in respect of each Candidate.

   3.7 Where applicable, VAT will be charged in addition to the Fee detailed in these terms and conditions.

   3.8 Projectus reserves the right to charge Interest on any Fee not paid within 14 days.

4. Replacements

  4.1 In the event the Candidate leaves Employment of the Client,  the Client will be entitled to a free or discounted Replacement according to the following scale:

- If the candidate leaves Employment within 4 weeks: free

- If the candidate leaves Employment within 8 weeks: 50% discount on  the Fee

- If the candidate leaves Employment within 12 weeks: 25% discount on the Fee

  4.2 The Client is not entitled to a free or discounted Replacement if:

       4.2.1 The Candidate is Employed for more than 12 weeks; or

      4.2.2 The Client has not paid the Fee in accordance with clause 3; or

      4.2.3 The Candidate leaves Employment as a result of redundancy, corporate restructure, change of management, change of job description, change of job role, pregnancy, illness or injury; or

      4.2.4 The Client has failed to notify Projectus in writing within 7 days of:

                4.2.4.1The date the Candidate Commenced Employment with the Client; or

               4.2.4.2 The date the Candidate Leaves Employment of the Client

  4.3 Any Replacement in accordance with Clause 4 is conditional upon the Client paying all Fees in accordance with Clause 3 of these terms and conditions.

​5. Client's Obligations

   5.1 The Client shall provide Projectus with full details of:

        5.1.1 The intended duties of the Candidate;

        5.1.2 Any special skills, authorisations, qualifications and training which the Candidate is required to have.  Further, the Client should inform Projectus if the Candidate is required by law or professional body to have a particular qualification to carry out Employment;

       5.1.3 The desired date on which the Client requires the Candidate to commence Employment;

       5.1.4 The location at which the work or Employment will be performed and the hours of work or Employment;

       5.1.5 The Total Salary which will be offered to the successful Candidate;

       5.1.6 Any special hazards the Candidate will face.

   5.2 The Client will notify Projectus in writing of any offer of Employment made to any Candidate within 7 days of making the offer of Employment and enclose a copy of the letter of offer of Employment.

   5.3 The Client will notify Projectus in writing of the Employment of any Candidate within 7 days of the Candidates Commencement of Employment and enclose a copy of the terms of their Employment.

   5.4 The Client will notify Projectus in writing if the Candidate Leaves Employment of the Client, within 7 days of the date the Candidate Leaves Employment or of the Client becoming aware that the Candidate intends to Leave Employment of the Client.

  5.5 The Client will provide to Projectus any letter of offer or contract of Employment made by the Client or between the Client and Candidate within 7 days of receiving a written request from Projectus.

  5.6 In the event the Client Introduces the Candidate to any Qualifying Third Person the Client will notify Projectus in writing within 7 days of the date of the Client’s Introduction to the Qualifying Third Person.

  5.7 The Client will satisfy itself of the Candidates qualifications, prior employment history, general integrity, work permits, licenses, medical requirements as required by law and will not rely on any representations made by Projectus or any information provided by Projectus to the Client.

  5.8 The Client hereby undertakes to indemnify Projectus in respect of all and any liability of Projectus which results from any breach of the Client or Qualifying Third Person of any of its obligations under these terms and conditions.  Further, the Client hereby undertakes to indemnify Projectus against any claims arising from the Candidate's Introduction to the Client or any Qualified Third Party. For the avoidance of doubt, the Client hereby undertakes to indemnify Projectus in respect of all costs, including legal costs, which directly or indirectly result from any breach of the Client or Qualifying Third Person of any of these terms and conditions.

6. Projectus's Obligations

    6.1 When assessing the suitability of the Candidate, Projectus will place reliance on the criteria referred to at clause 5.1 and the Client accepts that Projectus will make no further assessment of the Client’s requirements including but not limited to the matters referred to in clause 5.1.

    6.2 Projectus agrees to obtain the Candidate’s confirmation that they have the experience, training, qualifications and/or authorisations referred to in clause 5.1.  However, this is subject to clause 7 of these terms and conditions.

    6.3 Projectus will not disclose any information received pursuant to clause 5 above to any other person without the prior consent of the Client.

   6.4 Projectus will endeavour to ensure the suitability of any Candidate Introduced to the Client but Projectus does not obtain references from the Candidates previous employers or personal referees and the Client should undertake its own enquiries and satisfy itself as to the suitability of any Candidate or employee.  For the avoidance of any doubt Projectus does not warrant the skill, ability or qualifications of any Candidate.

   6.5 Projectus shall not be held liable for any failure or delay in performing its obligations under these terms and conditions where such failure or delay is caused by events beyond its reasonable control. 

7. Projectus’s Liability

   7.1 The Client shall not rely on any representations made by Projectus and the Client must satisfy themselves as to the accuracy of any representations made in the Candidate's curriculum vitae or otherwise directly with the Candidate.

   7.2 Projectus shall not be liable to the Client for any loss of profit, loss of business, loss of use or any indirect, special, punitive or consequential damages.

   7.3 Projectus shall not be liable for any loss, injury, liability, damage, expense or delay incurred or suffered by the Client or Qualifying Third Person arising directly or indirectly from or in any way connected with an Introduction of a Candidate and, in particular, but without limitation to the foregoing, any such loss, injury, liability or damage, expense or delay arising from or in any way connected with:

       7.3.1 The failure of the Candidate to meet the requirements of the Client for all or any purposes for which the Candidate is required by the Client;

       7.3.2 Any act or omission of the Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;

       7.3.3 Any loss, injury, damage, expense or delay incurred or suffered by the Candidate after acceptance of an offer of Employment Provided that nothing in these terms shall be construed as excluding or restricting liability for death or personal injury resulting from Projectus’ negligence as defined under the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999 nor any statutory liability any exclusion or limitation of which is prohibited by law.

8. Confidentiality

The Introduction of a Candidate is done on a strictly confidential basis and is conditional upon the Client agreeing not to disclose any information about the Candidate to any Qualifying Third Person without the Candidate and Projectus’ prior written consent.  In particular, the Client should not approach the Candidate’s referee’s or current employer unless and until the Candidate has formally accepted an offer of Employment.

9. Advertisement and Other Expenses

If Projectus provides an advertisement service to the Client, all prior-agreed advertising costs, travel and interview expenses will be charged to the Client as incurred.  The Client will pay the agreed artwork and advertisement costs incurred by Projectus.  An advertisement may only be cancelled on sufficient notice to enable Projectus to withdraw the advertisement.  Any cancellation charges incurred in withdrawing the advertisement will be paid by the Client.  Advertising and other disbursements shall be paid within 14 days of the invoice date.  In the event of late payment, Projectus is entitled to charge Interest on the invoice sum from the invoice date until the date of payment.

10. General

     10.1This agreement constitutes the entire agreement between the parties and replaces any previous agreement.

     10.2 The parties submit to the exclusive jurisdiction of the laws and Courts of England and Wales.

TERMS & CONDITIONS FOR CONTRACT PLACEMENTS

11. Fees

      11.1 Following the Introduction of a Candidate by Projectus, upon the Candidate being offered Employment, the Client or Qualifying Third Person shall become liable to pay Projectus 50% of the Fee.

      11.2 The balance of the Fee is payable by the Client or Qualifying Third Person to Projectus within 14 days of the Candidate’s Commencement of Employment with the Client or any Qualifying Third Person.

     11.3 In the event that a Candidate who has been Introduced by Projectus is rejected by the Client or Qualifying Third Person or a Candidate rejects an offer of Employment by the Client or Qualifying Third Person, the Client or Qualifying Third Person shall pay Projectus a Fee, if the Candidate is subsequently employed by the Client or Qualifying Third Person within 12 months of the date on which the Candidate was last Introduced to the Client or Qualifying Third Person by Projectus. The Fee will be payable within 14 days of the Commencement of Employment of the Candidate with the Client or Qualifying Third Party.

   11.4 If within 12 months of an Introduction by Projectus:

           11.4.1 the Client or Qualifying Third Person employs any Candidate either directly or via an employment business or an employment agency; or

           11.4.2 the Client or Qualifying Third Person uses or claims to use the services of a Candidate in any capacity otherwise than through Projectus including but not limited to outsourcing or corporate restructuring; or

          11.4.3 the Client or Qualifying Third Person  employs or engages any Candidate as a direct or indirect result of any Candidate responding to an internal or external advertisement published by the Client or its representatives or agents the Client or Qualifying Third Person shall be liable to pay Projectus a Fee within 14 days of the Candidate’s Commencement of Employment.

  11.5 In the event that the Client Introduces or re-Introduces a Candidate to a Qualifying Third Person which results in the Candidate receiving an offer of Employment within twelve months of the last Introduction date, the Client shall pay Projectus a Fee within 14 days of the Candidate’s Commencement of Employment with the Qualifying Third Person.

  11.6 In the event that within twelve months of the last Introduction Date, the Client or Qualifying Third Person offer Employment to an Employee of Projectus then the Client or Qualifying Third Person shall be liable to pay Projectus a Fee within 14 days of the Commencement of Employment of the Employee of Projectus with the Client or Qualifying Third Person.

  11.7 In the event that more than one Candidate is Employed by the Client or Qualifying Third Person, then the Client shall pay a Fee as detailed in these terms and conditions, in respect of each Candidate.

  11.8 Where applicable, VAT will be charged in addition to the Fee detailed in these terms and conditions.

  11.9 Projectus reserves the right to charge Interest on any Fee not paid within 14 days.

12 Replacements

  12.1 In the event the Candidate leaves Employment of the Client,  the Client will be entitled to a free or discounted Replacement according to the following scale:

- If the candidate leaves Employment within 4 weeks: free

- If the candidate leaves Employment within 8 weeks: 50% discount on  the Fee

- If the candidate leaves Employment within 12 weeks: 25% discount on the Fee

 12.2 The Client is not entitled to a free or discounted Replacement if:

         12.2.1 The Candidate is Employed for more than 12 weeks; or

         12.2.2 The Client has not paid the Fee in accordance with clause 3; or

         12.2.3 The Candidate leaves Employment as a result of redundancy, corporate restructure, change of management, change of job description, change of job role, pregnancy, illness or injury; or

          12.2.4 The Client has failed to notify Projectus in writing within 7 days of:

                     12.2.4.1 The date the Candidate Commenced Employment with the Client; or

                     12.2.4.2 The date the Candidate Leaves Employment of the Client

  12.3 Any Replacement in accordance with Clause 4 is conditional upon the Client paying all Fees in accordance with Clause 3 of these terms and conditions.

  12.4 If a Candidate is employed on a fixed term or on-going contractual basis Projectus will charge their Fee based on the Candidate’s Total Earnings during that contractual period to be paid within 14 days of their start date. Should the contract be renewed the Client is liable to pay another Fee to Projectus calculated in the same manner. In addition should the Candidate be made a permanent employee of the Client then the Client will be liable to a full Fee in accordance with clause 3 above.

13. Client's Obligations

  13.1 The Client shall provide Projectus with full details of:

          13.1.1 The intended duties of the Candidate;

          13.1.2 Any special skills, authorisations, qualifications and training which the Candidate is required to have.  Further, the Client should inform Projectus if the Candidate is required by law or professional body to have a particular qualification to carry out Employment;

          13.1.3 The desired date on which the Client requires the Candidate to commence Employment;

          13.1.4 The location at which the work or Employment will be performed and the hours of work or Employment;

          13.1.5 The Total Salary which will be offered to the successful Candidate;

          13.1.6 Any special hazards the Candidate will face.

  13.2 The Client will notify Projectus in writing of any offer of Employment made to any Candidate within 7 days of making the offer of Employment and enclose a copy of the letter of offer of Employment.

 13.3 The Client will notify Projectus in writing of the Employment of any Candidate within 7 days of the Candidates Commencement of Employment and enclose a copy of the terms of their Employment.

  13.4 The Client will notify Projectus in writing if the Candidate Leaves Employment of the Client, within 7 days of the date the Candidate Leaves Employment or of the Client becoming aware that the Candidate intends to Leave Employment of the Client.

  13.5 The Client will provide to Projectus any letter of offer or contract of Employment made by the Client or between the Client and Candidate within 7 days of receiving a written request from Projectus.

  13.6 In the event the Client Introduces the Candidate to any Qualifying Third Person the Client will notify Projectus in writing within 7 days of the date of the Client’s Introduction to the Qualifying Third Person.

  13.7 The Client will satisfy itself of the Candidates qualifications, prior employment history, general integrity, work permits, licenses, medical requirements as required by law and will not rely on any representations made by Projectus or any information provided by Projectus to the Client.

  13.8 The Client hereby undertakes to indemnify Projectus in respect of all and any liability of Projectus which results from any breach of the Client or Qualifying Third Person of any of its obligations under these terms and conditions.  Further, the Client hereby undertakes to indemnify Projectus against any claims arising from the Candidate's Introduction to the Client or any Qualified Third Party. For the avoidance of doubt, the Client hereby undertakes to indemnify Projectus in respect of all costs, including legal costs, which directly or indirectly result from any breach of the Client or Qualifying Third Person of any of these terms and conditions.

14. Projectus's Obligations

  14.1 When assessing the suitability of the Candidate, Projectus will place reliance on the criteria referred to at clause 5.1 and the Client accepts that Projectus will make no further assessment of the Client’s requirements including but not limited to the matters referred to in clause 5.1.

  14.2 Projectus agrees to obtain the Candidate’s confirmation that they have the experience, training, qualifications and/or authorisations referred to in clause 5.1.  However, this is subject to clause 7 of these terms and conditions.

  14.3 Projectus will not disclose any information received pursuant to clause 5 above to any other person without the prior consent of the Client.

  14.4 Projectus will endeavour to ensure the suitability of any Candidate Introduced to the Client but Projectus does not obtain references from the Candidates previous employers or personal referees and the Client should undertake its own enquiries and satisfy itself as to the suitability of any Candidate or employee.  For the avoidance of any doubt Projectus does not warrant the skill, ability or qualifications of any Candidate.

  14.5 Projectus shall not be held liable for any failure or delay in performing its obligations under these terms and conditions where such failure or delay is caused by events beyond its reasonable control. 

15. Projectus’s Liability

  15.1 The Client shall not rely on any representations made by Projectus and the Client must satisfy themselves as to the accuracy of any representations made in the Candidate's curriculum vitae or otherwise directly with the Candidate.

  15.2 Projectus shall not be liable to the Client for any loss of profit, loss of business, loss of use or any indirect, special, punitive or consequential damages.

  15.3 Projectus shall not be liable for any loss, injury, liability, damage, expense or delay incurred or suffered by the Client or Qualifying Third Person arising directly or indirectly from or in any way connected with an Introduction of a Candidate and, in particular, but without limitation to the foregoing, any such loss, injury, liability or damage, expense or delay arising from or in any way connected with:

        15.3.1 The failure of the Candidate to meet the requirements of the Client for all or any purposes for which the Candidate is required by the Client;

        15.3.2 Any act or omission of the Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;

        15.3.3 Any loss, injury, damage, expense or delay incurred or suffered by the Candidate after acceptance of an offer of Employment

Provided that nothing in these terms shall be construed as excluding or restricting liability for death or personal injury resulting from Projectus’ negligence as defined under the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999 nor any statutory liability any exclusion or limitation of which is prohibited by law.

16. Confidentiality

The Introduction of a Candidate is done on a strictly confidential basis and is conditional upon the Client agreeing not to disclose any information about the Candidate to any Qualifying Third Person without the Candidate and Projectus’ prior written consent.  In particular, the Client should not approach the Candidate’s referee’s or current employer unless and until the Candidate has formally accepted an offer of Employment.

17. Advertisement and Other Expenses

If Projectus provides an advertisement service to the Client, all prior-agreed advertising costs, travel and interview expenses will be charged to the Client as incurred.  The Client will pay the agreed artwork and advertisement costs incurred by Projectus.  An advertisement may only be cancelled on sufficient notice to enable Projectus to withdraw the advertisement.  Any cancellation charges incurred in withdrawing the advertisement will be paid by the Client.  Advertising and other disbursements shall be paid within 14 days of the invoice date.  In the event of late payment, Projectus is entitled to charge Interest on the invoice sum from the invoice date until the date of payment.

18. General

  18.1 This agreement constitutes the entire agreement between the parties and replaces any previous agreement.

  18.2 The parties submit to the exclusive jurisdiction of the laws and Courts of England and Wales.

TERMS & CONDITIONS FOR FIXED TERM CONTRACT PLACEMENTS

19. Fees

  19.1 The Fee is payable by the Client or Qualifying Third Person to Projectus within 14 days of the Candidate’s Commencement of Employment with the Client or any Qualifying Third Person.

         19.1.1 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Work-Seeker within 12 calendar months from the date of termination of the first Engagement, the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner. If the Client subsequently engages or re engages the Work-Seeker within the period of 12 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 becomes payable.

  19.2 In the event that a Candidate who has been Introduced by Projectus is rejected by the Client or Qualifying Third Person or a Candidate rejects an offer of Employment by the Client or Qualifying Third Person, the Client or Qualifying Third Person shall pay Projectus a Fee, if the Candidate is subsequently employed by the Client or Qualifying Third Person within 12 months of the date on which the Candidate was last Introduced to the Client or Qualifying Third Person by Projectus. The Fee will be payable within 14 days of the Commencement of Employment of the Candidate with the Client or Qualifying Third Party.

  19.3 If within 12 months of an Introduction by Projectus:

          19.3.1 the Client or Qualifying Third Person employs any Candidate either directly or via an employment business or an employment agency; or

          19.3.2 the Client or Qualifying Third Person uses or claims to use the services of a Candidate in any capacity otherwise than through Projectus including but not limited to outsourcing or corporate restructuring; or

           19.3.3 the Client or Qualifying Third Person  employs or engages any Candidate as a direct or indirect result of any Candidate responding to an internal or external advertisement published by the Client or its representatives or agents the Client or Qualifying Third Person shall be liable to pay Projectus a Fee within 14 days of the Candidate’s Commencement of Employment.

  19.4 In the event that the Client Introduces or re-Introduces a Candidate to a Qualifying Third Person which results in the Candidate receiving an offer of Employment within twelve months of the last Introduction date, the Client shall pay Projectus a Fee within 14 days of the Candidate’s Commencement of Employment with the Qualifying Third Person.

  19.5 In the event that within twelve months of the last Introduction Date, the Client or Qualifying Third Person offer Employment to an Employee of Projectus then the Client or Qualifying Third Person shall be liable to pay Projectus a Fee within 14 days of the Commencement of Employment of the Employee of Projectus with the Client or Qualifying Third Person.

  19.6 In the event that more than one Candidate is Employed by the Client or Qualifying Third Person, then the Client shall pay a Fee as detailed in these terms and conditions, in respect of each Candidate.

  19.7 Where applicable, VAT will be charged in addition to the Fee detailed in these terms and conditions.

  19.8 Projectus reserves the right to charge Interest on any Fee not paid within 14 days.

 20. Replacements

   20.1 In the event the Candidate leaves Employment of the Client,  the Client will be entitled to a free or discounted Replacement according to the following scale:

             - If the candidate leaves Employment within 4 weeks: free

             -If the candidate leaves Employment within 8 weeks: 50% discount on  the Fee

            -If the candidate leaves Employment within 12 weeks: 25% discount on the Fee

  20.2 The Client is not entitled to a free or discounted Replacement if:

          20.2.1 The Candidate is Employed for more than 12 weeks; or

          20.2.2 The Client has not paid the Fee in accordance with clause 3; or

          20.2.3 The Candidate leaves Employment as a result of redundancy, corporate restructure, change of management, change of job description, change of job role, pregnancy, illness or injury; or

          20.2.4 The Client has failed to notify Projectus in writing within 7 days of:

                     20.2.4.1 The date the Candidate Commenced Employment with the Client; or

                     20.2.4.2 The date the Candidate Leaves Employment of the Client

  20.3 Any Replacement in accordance with Clause 4 is conditional upon the Client paying all Fees in accordance with Clause 3 of these terms and conditions.

21. Client's Obligations

  21.1The Client shall provide Projectus with full details of:

         21.1.1 The intended duties of the Candidate;

         21.1.2 Any special skills, authorisations, qualifications and training which the Candidate is required to have.  Further, the Client should inform Projectus if the Candidate is required by law or professional body to have a particular qualification to carry out Employment;

        21.1.3 The desired date on which the Client requires the Candidate to commence Employment;

        21.1.4 The location at which the work or Employment will be performed and the hours of work or Employment;

        21.1.5 The Total Salary which will be offered to the successful Candidate;

        21.1. 6 Any special hazards the Candidate will face.

  21.2 The Client will notify Projectus in writing of any offer of Employment made to any Candidate within 7 days of making the offer of Employment and enclose a copy of the letter of offer of Employment.

  21.3 The Client will notify Projectus in writing of the Employment of any Candidate within 7 days of the Candidates Commencement of Employment and enclose a copy of the terms of their Employment.

  21. 4 The Client will notify Projectus in writing if the Candidate Leaves Employment of the Client, within 7 days of the date the Candidate Leaves Employment or of the Client becoming aware that the Candidate intends to Leave Employment of the Client.

  21.5 The Client will provide to Projectus any letter of offer or contract of Employment made by the Client or between the Client and Candidate within 7 days of receiving a written request from Projectus.

  21.6 In the event the Client Introduces the Candidate to any Qualifying Third Person the Client will notify Projectus in writing within 7 days of the date of the Client’s Introduction to the Qualifying Third Person.

  21.7 The Client will satisfy itself of the Candidates qualifications, prior employment history, general integrity, work permits, licenses, medical requirements as required by law and will not rely on any representations made by Projectus or any information provided by Projectus to the Client.

  21.8 The Client hereby undertakes to indemnify Projectus in respect of all and any liability of Projectus which results from any breach of the Client or Qualifying Third Person of any of its obligations under these terms and conditions.  Further, the Client hereby undertakes to indemnify Projectus against any claims arising from the Candidate's Introduction to the Client or any Qualified Third Party. For the avoidance of doubt, the Client hereby undertakes to indemnify Projectus in respect of all costs, including legal costs, which directly or indirectly result from any breach of the Client or Qualifying Third Person of any of these terms and conditions.

 22. Projectus's Obligations

  22.1 When assessing the suitability of the Candidate, Projectus will place reliance on the criteria referred to at clause 5.1 and the Client accepts that Projectus will make no further assessment of the Client’s requirements including but not limited to the matters referred to in clause 5.1.

  22.2 Projectus agrees to obtain the Candidate’s confirmation that they have the experience, training, qualifications and/or authorisations referred to in clause 5.1.  However, this is subject to clause 7 of these terms and conditions.

  22.3 Projectus will not disclose any information received pursuant to clause 5 above to any other person without the prior consent of the Client.

  22.4 Projectus will endeavour to ensure the suitability of any Candidate Introduced to the Client but Projectus does not obtain references from the Candidates previous employers or personal referees and the Client should undertake its own enquiries and satisfy itself as to the suitability of any Candidate or employee.  For the avoidance of any doubt Projectus does not warrant the skill, ability or qualifications of any Candidate.

  22.5 Projectus shall not be held liable for any failure or delay in performing its obligations under these terms and conditions where such failure or delay is caused by events beyond its reasonable control. 

 23. Projectus’s Liability

  23.1 The Client shall not rely on any representations made by Projectus and the Client must satisfy themselves as to the accuracy of any representations made in the Candidate's curriculum vitae or otherwise directly with the Candidate.

  23.2 Projectus shall not be liable to the Client for any loss of profit, loss of business, loss of use or any indirect, special, punitive or consequential damages.

  23.3 Projectus shall not be liable for any loss, injury, liability, damage, expense or delay incurred or suffered by the Client or Qualifying Third Person arising directly or indirectly from or in any way connected with an Introduction of a Candidate and, in particular, but without limitation to the foregoing, any such loss, injury, liability or damage, expense or delay arising from or in any way connected with:

         23.3.1 The failure of the Candidate to meet the requirements of the Client for all or any purposes for which the Candidate is required by the Client;

         23.3.2 Any act or omission of the Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;

         23.3.3 Any loss, injury, damage, expense or delay incurred or suffered by the Candidate after acceptance of an offer of Employment

Provided that nothing in these terms shall be construed as excluding or restricting liability for death or personal injury resulting from Projectus’ negligence as defined under the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999 nor any statutory liability any exclusion or limitation of which is prohibited by law.

24Confidentiality

The Introduction of a Candidate is done on a strictly confidential basis and is conditional upon the Client agreeing not to disclose any information about the Candidate to any Qualifying Third Person without the Candidate and Projectus’ prior written consent.  In particular, the Client should not approach the Candidate’s referee’s or current employer unless and until the Candidate has formally accepted an offer of Employment.

 25. Advertisement and Other Expenses

If Projectus provides an advertisement service to the Client, all prior-agreed advertising costs, travel and interview expenses will be charged to the Client as incurred.  The Client will pay the agreed artwork and advertisement costs incurred by Projectus.  An advertisement may only be cancelled on sufficient notice to enable Projectus to withdraw the advertisement.  Any cancellation charges incurred in withdrawing the advertisement will be paid by the Client.  Advertising and other disbursements shall be paid within 14 days of the invoice date.  In the event of late payment, Projectus is entitled to charge Interest on the invoice sum from the invoice date until the date of payment.

 26. General

  26.1 This agreement constitutes the entire agreement between the parties and replaces any previous agreement.

  26.2 The parties submit to the exclusive jurisdiction of the laws and Courts of England and Wales.

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