These terms and conditions apply to all introductions of candidates (an Introduction) by Cavana Search, part of Camino Partners Limited (the Consultancy) to any person, company or organisation (the Client) requesting that such introductions be made.
In consideration of the Consultancy submitting details of candidates (or disclosing a Candidate’s identity, contact information or other personal details), the Client agrees to be bound by these terms and to pay any sums which become payable under them to the Consultancy.
The Client confirms acceptance of these terms explicitly by signing and returning a copy of them or an appropriate covering letter. Alternatively, the contact by the Client of a Candidate or the interviewing by or on behalf of the Client or the Engagement of a Candidate or the commencement by a Candidate of work for or the provision of services to the Client (whichever first occurs) shall be deemed acceptance of and agreement to these Terms.
2.FEES AND PAYMENT TERMS
If within 12 months of an introduction (or within 12 months of the ending of a contract assignment resulting from a previous introduction), the Client engages the Candidate as an employee in any capacity, or enters into a contract for his/her services, whether directly or indirectly via a third party, an introduction fee in accordance with clause 2(c) becomes payable to the Consultancy.
Introductions are confidential. The passing of an introduction to another party, which results in an engagement or contract for services within 12 months, renders the Client liable to pay a fee as if the Client had engaged the Candidate.
The fee payable to the Consultancy is based upon the aggregate of the Candidate’s annual basic salary, any guaranteed bonuses, allowances or supplements and any benefits in kind (specifically to include company cars and fuel where appropriate). Benefits will be valued at the lower of their cost to the client or the Inland Revenue scale charge.
Aggregate Annualised Remuneration
Up to £79,999
Non-Executive or part time senior appointments are subject to a minimum fee of £10,000 and are subject to the above scale of fees unless otherwise agreed.
In the event that the engagement is in the form of a contract for services, the fee will be based on the annualised value of the payments made by the Client to the Candidate or any third party for his/her services.
In the event that the Engagement is for a fixed term of 12 months or less the fee shall be calculated on a pro-rated basis.
If the Client extends the contract beyond the initial fixed term or if the Client re-engages the Candidate within 6 calendar months from the date of termination of the first Engagement, the fee will continue to accumulate on a pro rata basis but will not exceed 12 months.
If the fixed term worker converts to a permanent employment contract, a fee as outlined in 2. c) shall apply but all fees already accrued during the initial fixed term period will be discounted from this fee.
Introduction fees are payable within 14 days of commencement of the Candidates engagement.
No additional fees are payable by the Client (for example in respect of advertising, travel, testing etc.) unless agreed separately by the parties in writing. Where any such charges are agreed, they are payable within 14 days of the invoice date.
In some circumstances a proportion of the fee or estimated fee (a retainer) will be payable by the Client to the Consultancy in advance of it conducting candidate research or advertising for the purposes of making an introduction. If this applies, the amount of the retainer will be agreed in writing. Retainers are payable immediately upon agreement and are not refundable in any circumstances.
If the Client withdraws an offer of employment after it has been accepted and prior to the start date by a Candidate and, provided they are formally requested prior to the start date, satisfactory references and pre-employment checks have been received, the Client shall be liable for the full fee.
Where a candidate is engaged by the client within 12 months of an introduction (or within 12 months of the ending of a contract assignment resulting from a previous introduction) and the client fails to notify the consultancy of the engagement within 7 days a fee shall be paid at a rate of 32% of the aggregate annualised remuneration.
If the Candidates engagement is lawfully terminated within a period of 10 weeks of commencement, the Consultancy will make further Introductions for a period of up to 6 weeks and the Client may select a replacement Candidate without incurring any additional fee, provided that:
The Client notifies the Consultancy in writing of the termination of engagement within 7 days of its occurrence;
The Client or any subsidiary or associated company of the Client shall not engage the Candidate within 12 months from the date of termination of the engagement;
The full fee has been settled within the 14-day payment terms;
Such termination is not as a result of the Candidate being made redundant by the Client, in which case any further introductions will incur a fee;
Where the Client accepts a replacement then re-engages the original Candidate within 12 months of Introduction the Client shall be liable for a fee in respect of the replacement;
Once the original Candidate has been replaced there shall be no further replacements.
If the Client does not engage a suitable replacement Candidate within the 6-week period, the Client shall be entitled to a proportionate refund of the fee paid as follows:
Period of employment or engagement
Refund due (excluding VAT)
Up to 4 weeks
Over 4 and up to 7 weeks
Over 7 and up to 10 weeks
Over 10 weeks
Where the Consultancy is not afforded the full 6 weeks to introduce a replacement, no alternative is available.
No refund is payable where the original fee was not paid within the 14-day payment terms.
In the event that part of the fee was paid as a commitment fee or retainer, the above refund scale shall apply only to the balance of the fee that became payable upon the Candidates commencement.
The Client acknowledges that the Consultancy shall not be liable for any injury, damage, expense or loss howsoever caused (including consequential loss) arising out of the Consultancy’s introductions or its failure to make suitable introductions.
The Client accepts its own responsibility to make final selection decisions and to take whatever steps it considers appropriate to verify Candidate’s suitability.
5. NON SOLICITATION
In the event that any employee of Camino Partners, with whom the Client has had personal dealings accepts an engagement with the Client within six months of leaving Camino Partners employment, the Client shall be liable to pay a Fee equivalent to the terms in 2.c).
6. DATA PROTECTION
In line with GDPR requirements, the Client confirms that it will protect any data shared with them by the Consultancy, under its own compliant Data Protection and Privacy Policies and agrees that all appropriate technical and organisational measures are taken to protect data shared with it.
The Client may be asked to provide evidence of policies and working practices, as well as compliance to security measures before data is shared.
The Client agrees to inform the Consultancy of any security breaches that effect data that has been shared by the Consultancy within 48 hours and comply with the requirements to inform the ICO within 72 hours.
The Client acknowledges that the Consultancy shall not be liable for any damages, loss or fines associated with breaches caused by the Clients negligence of GDPR policies or procedures.
The headings used in these terms are for presentation purposes and do not affect their meaning.
If any clause or sub clause of these terms is deemed to be invalid or unenforceable for any reason, it shall not affect the enforceability of the remaining terms. Furthermore, the offending clause or sub clause shall be deemed to have been substituted by a new clause or sub clause that would be considered generally acceptable in respect of the services provided.
In the event of any dispute concerning these terms, the parties will use every endeavour to settle it amicably. If necessary, the parties agree to resolve any issue by seeking an expert opinion from the Chief Executive of the Apsco or someone nominated by him/her.