1.1 Unless the context requires otherwise, references to the singular include the plural.
“Applicant” - means the person introduced by Annapurna HR Ltd to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of Annapurna HR’s own staff;
“Client” - means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
“Annapurna HR” - means Annapurna HR Limited of 2nd Floor, Prospero House, 241 Borough High Street, London, SE1 1GA. Annapurna IT and Annapurna Change are trading name of Annapurna HR Ltd
“Engagement” - means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee;
“Fee Structure” - means the structure for payment of Annapurna HR’s fee as set out in the attached Schedule;
“Introduction” - means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to Annapurna HR to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Applicant;
“Remuneration” - includes base salary or fees (and any increase thereof), guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. Where the Client provides a company car, a notional amount of £4,000 will be added to the salary in order to calculate Annapurna HR’s fee.
1.2 Unless the context requires otherwise, references to the singular include the plural.
1.3 The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2.1 These Terms constitute the contract between Annapurna HR and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of Annapurna HR, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Annapurna HR and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3.1 The Client agrees:
(a) To notify Annapurna HR immediately of any offer of an Engagement which it makes to the Applicant;
(b) To notify Annapurna HR immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to Annapurna HR; and
(c) To pay the Annapurna HR fee within 14 days of the date of invoice.
3.2 Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant signs the Client’s Contract of Employment, when Annapurna HR will render an invoice to the Client for its fees.
3.3 Annapurna HR reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 8% per annum above the base lending rate from time to time of the Bank of England from the due date until the date of payment.
3.4 The fee payable to Annapurna HR by the Client for an Introduction resulting in an Engagement is calculated in accordance with the fee structure applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable.
3.5 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro-rata. The minimum duration for any fixed term Engagement will be 3 months. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay to Annapurna HR a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.
3.6 If the Client subsequently engages or re-engages the Applicant within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 becomes payable.
3.7 There will be a minimum fee of £4,000 for any permanent or interim placement.
3.8 For the avoidance of doubt, should the Client hire any Applicant directly for any position and without Annapurna’s knowledge following an “Introduction” by Annapurna, an invoice will be issued immediately at 35% rates.
3.9 Retained search clauses
4.1 In order to qualify for the following refund, the Client must pay Annapurna HR’s fee within 14 days of the date of invoice, must notify Annapurna HR in writing of the termination of the Engagement within 7 days of its termination and the Engagement must be for a duration of 12 months or longer
4.2 If the Engagement terminates before the expiry of 8 weeks from the commencement of the Engagement (except where the Applicant is made redundant or where the Applicant is no longer employed for reasons beyond Annapurna HR’s control such as restructuring, company closure, change of management or substantial change from the original job description) a refund of 12.5% will be allowed against Annapurna HR’s fee for each complete week of the initial 8 week period not worked by the Applicant.
4.3 In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund.
5.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay Annapurna HR a minimum fee of 10% of the Remuneration where the annual Remuneration is £20,000 or less and 15% of the Remuneration where the annual Remuneration is £20,001 or more.
6.1 Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by Annapurna HR which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of Annapurna HR’s fees as set out in clause 3.4 with no entitlement to any refund.
6.2 An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through Annapurna HR, whether direct or indirect, within 6 months from the date of Annapurna HR’ Introduction.
6.3 Where the amount of the actual Remuneration is not known Annapurna HR will charge a fee calculated in accordance with clause 3.4 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to Annapurna HR by the Client and/or comparable positions in the market generally for such positions.
7.1 Annapurna HR endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.
7.2 At the same time as proposing an Applicant to the Client Annapurna HR shall inform the Client of such matters in clause 7.1 as they have obtained confirmation of. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to the Client.
7.3 Annapurna HR endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
7.4 Annapurna HR endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
7.5 Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or Annapurna HR before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
7.6 To enable Annapurna HR to comply with its obligations under clauses 7.1, 7.2, 7.3 and 7.4 above the Client undertakes to provide to Annapurna HR details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
8.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, Annapurna HR will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position. If Annapurna HR is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
9.1 Annapurna HR 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 Annapurna HR seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of Annapurna HR to introduce any Applicant and Annapurna HR shall have no responsibility or liability vicariously or otherwise for the Applicant save that for the avoidance of doubt, Annapurna HR does not exclude liability for death or personal injury arising from its own negligence.
10.1 Annapurna HR is entitled to assign, charge or otherwise deal with the benefit and burden of these Terms on giving notice to the Client.
10.2 Whilst the parties consider these Terms to be reasonable in all the circumstances, it is agreed that if any one or more of the terms is considered to go beyond what is reasonable in all the circumstances to protect the legitimate interests of Annapurna HR but would be adjudged reasonable if any particular term were deleted such wording may be deleted restricted or limited to give effect to the remainder of the Terms so that each clause may be considered separate and distinct.
11.1 These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
|Remuneration package||Fee rate of Remuneration|
|Up to £29,999||25%|
|From £30,000 to £49,999||30%|
|From £50,000 upwards||35%|
|Search Mandate Regardless of Salary||40%|
2nd Floor, Prospero House, 241 Borough High Street, London, SE1 1GA
Phone:020 3031 2468
Web: www.annapurnarecruitment.com Registered Address: c/o Kingston Smith 141 Wardour Street, London, W1F 0UT
Company No. 06567700 VAT No. GB934404143