Terms & Conditions of Business for Elysian Search Consulting Ltd
© Copyright Elysian. 2016. All rights reserved.
1. The Contract
The arrangement by Elysian Search of an interview of an applicant introduced by Elysian Search with the Client will be deemed to be acceptance of an agreement to these terms and conditions by the Client; this will last for a period of 6 months from introduction. No alterations shall be made of these terms and conditions without the prior written agreement of Elysian Search. All contracts shall be governed by and construed in accordance with the law of England and the Client hereby agrees to accept the non-exclusive jurisdiction of the English Courts.
Each party undertakes not to print, publicise or disclose to any third party any confidential information relating to the other party or its operations without the prior consent of the other party. Elysian Search agrees to be similarly bound in respect of its involvement with the provision of the Recruitment Service.
Information relating to candidates is strictly confidential. If a Client company passes on details of a candidate to a third party, such details having been supplied by Elysian Search, and the provision of those details result in an appointment of the candidate by a third party, the Client company is liable to pay Elysian Search the full fee as if the Client had appointed the Candidate itself.
Fees will become liable when a candidate has been introduced, as defined in Clause 1, by Elysian Search for a specific or alternative position and employed by the Client or associate Elysian Search’s fees are calculated as a percentage of the Basic Salary as follows:
25% of Gross Annual Salary
The Client company is contractually obliged to advise Elysian Search of the total remuneration offered to the candidate immediately after an offer of employment has been made by the client company to the candidate.
The Client will be invoiced the full fee on the date that the appointee formally commences employment with the Client.
All invoices are payable within 30 days of the date of the invoice, if the payment is not made within 31 days the Client company may be required to pay interest on the amount due under the invoice of 2% above HSBC base rate from time to time.
If any legal or debt recovery costs are incurred by Elysian Search as a result of non or late payment of invoice, the Client company will become liable to pay 100% of such costs.
The Client will be entitled to a rebate of a proportion of the fee in the event that a Candidate leaves the Client within 12 weeks of the original appointment:
- Where the Candidate leaves within the first 4 weeks, the Client will be entitled to a rebate of 100% of the fee;
- Where the Candidate leaves between 4 weeks and 8 weeks of the initial appointment, the Client will be entitled to a rebate of 75% of the fee; and
- Where the Candidate leaves between 8 weeks and 12 weeks of the initial appointment, the Client will be entitled to a rebate of 50% of the fee.
The rebate is only available provided that the fee was settled in full within our stated terms of payment and where Candidate terminates their own employment
6. Withdrawal of Offer
Where an offer of employment has been made by a client and is subsequently withdrawn after acceptance by the candidate through no fault of the candidate, the fee calculated according to paragraph 3 of these conditions will be due and payable by the Client. Copies of all offers of employment made by Clients will be sent to Elysian Search at request.
7. General Liabilities
Once a candidate introduced by Elysian Search is in the Client’s employment, Elysian Search is not liable for the person’s misconduct expense, loss or damage that person may cause the Client to incur. Under no circumstance whatsoever shall Elysian Search be liable under the law of contract, tort or otherwise for any loss, damage of profits or contracts or any indirect or consequential loss or damage.
Elysian Search shall endeavor to ensure the suitability of any applicant introduced to the Client and to maintain a high standard of service and integrity, but Elysian Search makes no warranty, express or implied, as to the suitability of any applicant introduced to the Client.
The Client shall be ultimately responsible for satisfying itself as to the suitability of the applicant. The Client is responsible for taking up references (including the confirmation of any professional or academic qualifications) and shall satisfy itself as to the suitability of any applicant prior to the arranging all medical examinations and investigations of the applicant and shall be responsible for obtaining any work or other permits.
9. Alternative Recruitment Methods
In the case where suitable candidates are not appointed through the recruitment process an alternative recruitment methodology will be discussed and agreed. The fees and costs will be determined against new terms and conditions of reference and a new contract drawn in line with standard retained terms and conditions for search, search and selection or selection.
10. Foreign Exchange
All fees are calculated on the basis of an agreed Currency upon commencement of work between Elysian and the Client.
11. Updated GDPR/Data policy
Elysian endeavours to ensure that the information that you submit to us remains private and that it is used only for the purposes that we outline below and above. We are now accountable for compliance with the EU General Data Protection Regulation (GDPR). We also understand the importance of maintaining the confidentiality of candidate’s CVs and other information stored about you. We are fully committed to keeping your personal data safe, secure and ultimately not misused.
As a candidate, when you send us your CV, we will invite you to 'opt in' to our services. Your CV will only be sent to prospective clients/employers with your permission via an e-mail request prior to sending it. It will only be used for the purposes and reasons for which you sent it to us and only sent to the client when we receive your permission.
We will only keep the data which you provide us with that is needed, relevant and accurate. Your data will not be kept longer than necessary. You can opt out of this at any time by letting us know you do not want us to hold your private details. You have the right to withdraw your consent by e-mailing us at email@example.com and requesting ‘the right to be forgotten’.
We will collect personal information from you, such as your name, contact details, details of the role you are seeking, the location where you want to work and your CV. We will use your personal data to endeavour to seek suitable employment. We will e-mail or telephone you about suitable roles which fit your criteria. We will only ever share your personal information when we have directly asked your permission and fully disclosed the client we intend to share it with.
If you have any questions about this policy or our use of your personal information, please get in contact with us at firstname.lastname@example.org or call us on 0203 960 1111.