1. All business undertaken by NuEPC Ltd. (NuEPC) is undertaken subject to the Terms and Conditions hereinafter set of each of these Terms and Conditions shall be incorporated or implied in any agreement between NuEPC and its clients. In the event of any conflict between these Terms and Conditions and any other terms and conditions, the former shall prevail unless specifically agreed to the contrary by NuEPC in writing.
2. An introduction shall be deemed to have taken place upon the Client receiving any information from NuEPC with regards to an Applicant and this will be deemed to be an acceptance of and agreement to these Terms and Conditions by the client, except that where NuEPC is engaged by the client for a retained assignment, these Terms and Conditions shall apply upon the acceptance by NuEPC of the retained assignment.
A fee (The Completion Fee) shall become payable on the day the Client and the Applicant enter into a contract to engage the Applicant (which term includes employment or use whether under a contract or service or for services) and the Client shall be invoiced on the Applicant’s start date. All fees shall be calculated in accordance with the NuEPC scale of fees plus VAT shown below:
4. The fee payable to NuEPC by The Client for an introduction resulting in an engagement is calculated in accordance with the NuEPC scale of fees plus VAT in section 3, the total fee will be based on remuneration applicable during the first 12 months of the engagement
5. If The Client does not pay due fees within the payment term as agreed by acceptance of these terms and conditions NuEPC will not be bound to offer any rebate or re- run of services as laid out in this document and a uniform recruitment fee of 20% may be applicable against the candidate starting salary. This enforcement is at the discretion of NuEPC LTD.
|Annual Remuneration||Fee %|
|Up to £19,999||17.5|
|£20,000 to £29,999||20|
|£30,000 to £49,999||20|
|£50,000 to £99,999||25|
6. In the event that an applicant is rejected by the Client or the Applicant rejects an offer of employment, if the Applicant is subsequently engaged by the Client within eighteen months of the date on which the Client first receives the Applicant’s CV, the Client shall pay the introduction fee to NuEPC in accordance with condition 3 above.
7. An applicant’s CV is provided in strict confidence to the Client only for its information and on the basis that the contents are not disclosed to any other person without prior written consent to NuEPC and in particular that the Client does not approach the Applicant’s current employer until the Client has made a written offer of engagement to the Applicant and has received a written acceptance of that offer.
8. If the Client introduces an Applicant to another person, firm or corporation resulting in the engagement of the Applicant by that person, firm or corporation within eighteen months of the initial introduction date, the Client shall pay the completion fee in accordance with Condition 3.
9. When an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after an acceptance by the Applicant through no fault of the Applicant, the Client shall pay the completion fee in accordance with condition 3 above.
10. When a client engages an additional Applicant(s) submitted within a shortlist of candidates supplied by NuEPC, the full completion fee is payable for all candidates engaged in accordance with Condition 3 above.
11. Should a Client fail to make NuEPC aware of an Applicant’s acceptance and subsequent start date then the Client will be liable for a placement fee at 40% of the candidate’s first year starting salary.
12. Rebate Period
NuEPC shall refund the fee paid under conditions 3 & 10 against the following scale. The rebate period will only be applicable provided payment of the applicable invoice has been made within the agreed payment term from commencement of employment. All refunds are issued in the form of a credit note only to be utilised against future hires by the client.
|Duration of employment||Rebate %|
|Up to 2 weeks||85|
|Not exceeding 4 weeks||75|
|Not exceeding six weeks||50|
|Not exceeding eight weeks||25|
|Eight weeks plus||0|
Termination of employment is deemed to be the point at which the Applicant leaves their employment.
13. The Client shall be responsible for taking up references (including the confirmation of any professional or academic qualifications) and shall satisfy itself as to the suitability of the Applicant prior to the engagement of the Applicant.
14. The Client shall be responsible for arranging all medical examinations and investigations of the Applicant and shall be responsible for obtaining any work or other permits as necessary. NuEPC shall not be liable to the Client for any loss, liability, damage, costs, claims or expenses suffered or incurred by the Client arising from, or connected with, the recruitment or engagement of any Applicant by the Client, howsoever arising.
15. All monies due hereunder shall be paid by the Client within fourteen days of the date of the invoice, interest will be payable on overdue sums at the rate 2% per fourteen days overdue or part thereof.
16. Any circumstances allegedly giving cause for complaint about an Applicant or an invoice must be notified to NuEPC and confirmed in writing as soon as the cause of the alleged complaint arise.
17. Fixed Term Contracts
In the case of Fixed Term Contracts where a candidate has been supplied by NuEPC, the Client shall state the candidates’ annual remuneration and the length of the contract. Once the salary has been agreed for the length of the contract NuEPC will charge 20% of the value as a fee. (V.A.T is charged in addition)
18. Contract Employment
a) In the case of supplying a Contractor, the terms and conditions stated above (excluding section 3.) contain the agreement between NuEPC and its Clients. Any alterations are stated below.
b) The Client will be invoiced on the first Monday on the second week of employment and payment will be expected within 3 day (V.A.T is always charged in addition to rates or budgets agreed)
c) The Client will be responsible for completing time sheets in respect of the hours/days worked by the Contractor. Time sheets must be signed by the Contractor and the Client on a weekly basis and faxed, scanned or emailed to NuEPC by 5pm on the last day of employment of the week.
d) In the event that the Client is unable to sign a time sheet because there is a dispute regarding the number of hours/days worked, the Client shall inform NuEPC as soon as possible and help NuEPC to establish what hours/days were worked by the Contractor. Failure to sign the timesheet does not relieve the Clients obligation to pay any charges in respect of hours/days worked.
e) There are no rebates in respect of the terms and conditions of supply of Contractors by NuEPC
f) In the event that a Contractor is unsuitable or the Client is dissatisfied, NuEPC will endeavour to provide suitable replacement.
19. Commission Only or Part Time Hires
A client choosing to employ a candidate from NuEPC for a commission only role, the client will be charged a flat fee of £4,000 + VAT.
20. No Warranty
NuEPC shall not be liable to The Client for any loss or damage incurred by The Client or The Applicant whether caused by The Client or The Applicant or the Services received under any circumstances.
No waiver by The Company or breach by The Client shall be a waiver or breach of any other provision.
22. Contract Construction
The contract shall be construed according to English Law and will be subject to the jurisdiction of English courts