Standard Terms and Conditions of Business for Retained Assignments

1. The following terms and conditions (the terms) constitute the entire contract between Samuel Lord Group or any subsidiary or associated company (the Company) and any person, organization, or company (the Client) who employs (such word to include "engages" throughout these Terms) an applicant introduced by the company (an Applicant). No variation of these terms will be binding upon the company unless such variation is in writing and signed by a Director or a member of the management team.
2. The Company's fee for the introduction to the Client of an Applicant subsequently employed by the Client shall be a percentage of the Applicant's agreed starting salary, as follows:
   (a) Annual remuneration up to £39,999 — 15%
   (b) Annual remuneration of £40,000 to £59,999 — 20%
   (c) Annual remuneration of £60,000 and over — 25%
   
   All fees are subject to Value Added Tax at the prevailing rate.
3. (a) The Company's initial retained invoice of £2,400 will be submitted for immediate payment prior to the commencement of the assignment. An invoice for the balance of the assignment will be submitted upon the start date of the Applicant and will be due for payment within seven days. It will be calculated as follows:
   
   (b) Agreed introductory fee minus £2,400 initial payment. The initial fee will be held in an account by the company for a period of eight weeks (from payment) and is fully refundable (less £250 administration fee) after this eight-week period should the company be unable to secure a confirmed start date suitable to both an applicant and Client.
   
   (c) Any additional placements made outside of the retained assignment will be invoiced in line with the fees outlined above and will be bound by paragraph 6.
   
   (d) Should the client for whatever reason cancel the assignment then the initial fee will be refunded (less a £250 administration fee) after this eight-week period.
   
   (e) In the event that the company has discounted the standard fee, and payment is not received by the due date, then the fee will revert to the standard terms detailed in clause 2. It is the Company's policy to institute legal proceedings against all overdue accounts.
4. If an applicant introduced by the company is employed by an associated company or organization of the Client or anyone to whom details of the Applicant have been passed by the Client, the fee set out in Clause 2 hereof will be payable by the Client who shall, for the purposes of these Terms, be deemed to have employed the applicant.
5. If an Applicant is employed by the Client (or deemed to be employed by the Client for the purposes of Clause 4) within twelve months of the date upon which the Company introduced the Applicant to the Client, a fee in accordance with Clause 2 will be payable.
6. If any Applicant introduced by the Company leaves the Client's employment within twelve weeks of the commencement of employment for any reason whatsoever, the company will, within the period of three calendar months from such Applicant's departure, use its reasonable endeavours to find another suitable Applicant at no additional fee.
   
   Provided that the following conditions have been met:
   (a) The Company's invoice has been paid in accordance with clause 3 above.
   (b) The Company has been notified by the client in writing within 72 hours of the Applicant giving or receiving notice to terminate the employment or of the employment terminating (if no notice is given or received).
   
   Under no circumstances will this provision operate more than once in relation to the same post, nor is this offer transferable to any other assignment but will refer only to the replacement of the candidate who has left.
7. These Terms shall apply in the event of a Client employing or being deemed to employ any employee of the company.
8. The client is solely responsible for taking up an Applicant's references and for being satisfied as to the suitability of an Applicant for any vacancy.
9. For the purposes of these Terms, an Applicant shall be deemed to be employed by the client whether engaged under a Contract of Service or Services.
10. All advertising placed on behalf of a Client will be invoiced separately and such invoices must be settled within seven days of the date of the invoice irrespective of the date of insertion of the advertisement. Advertising invoices not settled in full within seven days will attract interest at the rate of 25% per month from the date of invoice to the date of payment.
11. An Applicant shall be deemed to be introduced to the Client by the Company notwithstanding the fact that the Applicant was already known to the Client.
12. The Terms shall be deemed to be accepted by and binding upon the Client as soon as the Company, at the Client's request, seeks suitable Applicants for introduction to the Client.