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Terms of Business

Definitions:
Candidate: An individual worker, or, where the worker is a company or other legal entity including the individual worker, as the case may be, including any
of the Company’s employees, workers, or agency staff.
Client: The person or firm signing these Terms and Conditions or to whom the Engagement Letter if any, or similar correspondence is addressed,
including any Affiliate or any other party acting at Client’s instruction or on their behalf.
Contract: These Terms and Conditions.
Introduction Fee: The fee payable by Client to Company upon the successful Appointment of a Candidate with Client.
Remuneration: Includes gross base salary, wages or fees, guaranteed and/or anticipated bonus and `dividends, profit shares, stock, stock options,
stock buyouts and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for
services rendered to or on behalf of the Client or any third party
Affiliate: Any company that is related to Client by either Client or Company owning shares of the other, by common ownership, by common directorship
or governance, or by any other means of control. The terms of this Agreement shall be binding on any Client Affiliate to the same extent and in the same
manner, as they are to Client, all references to Client in this Agreement shall include and be equally binding upon any Client Affiliate.


1. Terms & Conditions:
(i) The client is deemed to have accepted these terms and conditions
of business upon interviewing a candidate introduced by Quad
Recruitment; whether or not the candidate was previously known,
or if interview is arranged by Quad Recruitment or not.
(ii) Any variations to these terms and conditions of business must be
confirmed by Quad Recruitment in writing and signed by a Director
of Quad Recruitment.
(iii) These terms and conditions shall take precedence over the
client’s terms and conditions of business unless expressly agreed
to the contrary by Quad Recruitment and confirmed in writing to
the client by a Director of Quad Recruitment.


2. Fees:
The company’s standard Introduction Fee for Direct Hires applies to each
Assignment. The Introduction Fee is calculated by applying the appropriate
percentage shown in section 2 (i) to the Appointed Candidate's Total First
Year's Salary.
Fees are to be paid within fourteen (14) days of Invoice submission. The
invoice will be submitted on the candidate’s first day of employment.
In the event of late payment by the Client, the Company reserves the right to
charge interest on all overdue invoices at the rate of 1.5% per month of the
full amount owing, including pre-judgment interest. In any action to obtain
payment, the Company shall be entitled to all fees, costs, and expenses of
such actions, including reasonable attorney’s fees. If the Client does not pay
fees within the Fourteen (14) day period as agreed by acceptance of these
terms and conditions, the Company will not be bound to offer any rebate or
re-run of services as laid out in this document.
(i) Introduction Fee for Direct Hires (Permanent): The fee payable
by Client to Company upon the successful Appointment of a
Candidate will be 30% of the candidate’s annual Salary during the
first 12 months.
(ii) Markup / Bill Rate for Temporary/ Contract workers: Once the
Company and Client have agreed on a final pay rate for the
candidate, the Company will charge the Client 45% of the
candidate’s hourly rate per hour + all employer taxes.
(iii) Temporary to Permanent: If the Candidate and Client agree to a
permanent hire, the fee payable by Client to Company will depend on
how long the contractor has been working and will be by the following
structure:
a. Month 0 – 6 – 25% of annual salary
b. Month 6 – 8 – 20% of annual salary
c. Month 8 – 12 – 15% of annual salary
d. Month 12 onwards – Free to convert


3. Rebate:
If Client or an Affiliate of Client re-engages the Candidate within Twelve (12)
months of the termination, the full Introduction Fee set out in these Terms
and Conditions shall become immediately due and payable. If the candidate
leaves the employment of the client for any reason other than redundancy,
threat of redundancy, client failure to pay wages or other reasons attributed
to the client’s acts or omissions the client will receive the following rebate of
paid fees. If the correct fee wasn’t paid in the agreed time scale, then no
rebate/replacement will be offered.
a) 0 – 3 weeks - 75% of Introduction Fee
b) 3 – 6 weeks - 50% of Introduction Fee


4. Candidate Ownership:
There is a period of 6 months during which both sides have ‘Candidate
Ownership’ rights. If the candidate has been in the interview process or
employed by the client within the previous 6 months, no fee shall be due. If
the client or any affiliated partner employs a candidate that has been
submitted by Quad Recruitment in the previous 6 months, the client shall pay
Quad Recruitment the full success fee. (Paragraph 1. Fees)


5. Clients Obligations:
The client will notify Quad Recruitment in writing within 3 days of any offer of
employment. The client will pay invoices in a prompt manner. The client will
be available for conversations with Quad Recruitment and answer emails as
fast as possible with the required information.
The client will do all appropriate candidate legality checks before employment
commences. The client will indemnify Quad Recruitment against any claims
arising from the candidate’s introduction to the client or any qualified third
party.


6. Governing Law:
These Terms are governed by the law of England & Wales and are subject
to the exclusive jurisdiction of the Courts of England & Wales.


7. Force Majeure:
Neither Party shall be liable for any failure or delay in performing their
obligations where such failure or delay results from any cause that is beyond
the reasonable control of that Party. Such causes include, but are not limited
to power failure, Internet Service Provider failure, industrial action, civil
unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war,
governmental action, or any other event that is beyond the control of the Party
in question.


8. Waiver:
The Parties agree that no failure by either Party to enforce the performance
of any provision in this Contract shall constitute a waiver of the right to
subsequently enforce that provision or any other provision. Such failure shall
not be deemed to be a waiver of any preceding or subsequent breach and
shall not constitute a continuing waiver.


9. Liability:
The Agency shall not be liable under any circumstances for any loss,
expense, damage, delay, costs or compensation (whether direct, indirect or
consequential) which may be suffered or incurred by the Client arising from
or in any way connected with the Agency seeking a Candidate for the Client
or from the Introduction to or Engagement of any Candidate by the Client or
from the failure of the Agency to introduce any Candidate. For the avoidance
of doubt, the Agency does not exclude liability for death or personal injury
arising from its own negligence or for any other loss which it is not permitted
to exclude under law.
(i) The Client shall indemnify and keep indemnified the Agency against any
Losses incurred by the Agency arising out of any non-compliance with the
Data Protection Laws, and/or because of any breach of, these Terms by the
Client.
Cont.


10. Quad Recruitment liability:
(i) Except as otherwise provided in section 8, in no event will either party
be liable to the other or to any third party for any loss of use, revenue,
or profit, loss of data, or for any consequential, incidental, indirect,
exemplary, special or punitive damages whether arising out of breach
of contract, tort (including negligence or otherwise), regardless of
whether such damages was foreseeable and whether or not such
party has been advised of the possibility or such damages.
(ii) Except as otherwise provided in section 8, in no event will either
party’s liability arising out of or related to this agreement, whether
arising out of or related to breach of contract, tort (including
negligence), or otherwise, exceed the aggregate amounts paid or
payable to company pursuant and about the specific assignment and
introduction giving rise to the alleged loss.
(iii) Company accepts no liability to the client whether in contract, tort
(including negligence), breach of statutory duty, mistake,
misrepresentation or any other act or omission on the part of
company, its servants, agents or employees or otherwise howsoever
for (1) any loss, damages or expense arising directly or indirectly as
a consequent of any act or omission (whether negligent, dishonest,
fraudulent or otherwise) of any candidate during such time as he or
she is being considered for appointment or is appointed or otherwise
under the control or direction of the client and it shall be expressly
agreed and understood between the client and company that: (i) only
the client is in a position to assess and/or insure against risks in
respect of or during or arising out of the period for which any
candidate is appointed by the client; and, (ii) the charges made by
company reflect only the services supplied and do not indicate
acceptance of any liability for candidates; (2) any loss, damages or
expense arising directly or indirectly as a consequence of candidate
not meeting the client’s requirements for all or any portion of the
purposes for which the candidate is required by client; and (3) any
loss, damages or expense suffered by a candidate directly or
indirectly.