TERMS AND CONDITIONS OF A CANDIDATE PLACEMENT
This agreement is made between ‘KRG Holdings Ltd’ (hereinafter to be referred to as ‘Kairos’) and CLIENT (hereinafter to be called ‘The Client’) on this DATE
1. SERVICE OVERVIEW
Kairos will introduce candidates to the Client for appointment by the Client. Once a placement has been made Kairos’ fee, as set out in clause 5, will be due.
2. CANDIDATE INTRODUCTION
2.1. For the purpose of these terms and conditions, Kairos is deemed to have introduced an Applicant to the Client if Kairos receives a request for interview.
2.2. Any client in receipt of the Kairos Terms and Conditions, that goes ahead and conducts an interview will be deemed to have accepted the terms and conditions in full, even if the terms are not signed
2.3. An introduction is deemed made irrespective of whether the interview as requested actually takes place and irrespective of whether the Client had previous knowledge of the Applicant, howsoever obtained.
2.4. These terms and conditions apply to all Applicants introduced to the Client by Kairos.
2.5. If an appointment of a candidate is made by the Client within 12 months of an introduction, Kairos’ fee as set out in clause 5 shall be payable
2.6. CV’s relating to candidates are supplied on a strictly confidential basis and may only be used by the Client in connection with this Agreement. If an appointment takes place as a result of the Client having received a CV from Kairos, then a fee as set out in clause 5 shall be payable.
3. CANDIDATE APPOINTMENT
3.1. The Client agrees to deal with Kairos on these conditions to the exclusion of all other terms, conditions, warranties and (except when made fraudulently) all representations.
3.2. If an appointment takes place by a third party as a direct result of the Client having given information relating to the candidate to a third party the Client shall be liable to pay a fee as set out in clause 5 below. A third party includes but is not restricted to any associate company, subsidiary, joint venture partner or other company with which the Client is connected.
3.3. Full-time, part-time and temporary contracts are deemed appointments. Self-employed or commission only appointments will be charged at a fixed fee of £8,000.
3.4. The Client shall notify Kairos when an appointment of a candidate takes place and provide Kairos with a copy of any job offer made by the Client to the candidate.
3.5. An appointment takes place whether or not such appointment is conditional upon the passing of a probationary period.
4. FREELANCE / CONTRACT APPOINTENTS
4.1. Freelance appointments will be negotiated on either a daily or hourly rate inclusive of a Kairos Freelance Margin.
4.2. The minimum Kairos hourly margin is £6p/h in addition to the Candidate’s hourly rate. This rate will increase dependant on salary.
4.3. If a Candidate is introduced to the client by way of a Freelance appointment, if a further Freelance appointment is made to the same Candidate within 12 months of the last day of their previous Freelance appointment then the Kairos margin agreed during their initial Freelance appointment will be due. This will be calculated as the Kairos Freelance Margin multiplied by the number of hours the Candidate worked during this subsequent Freelance appointment.
4.4. If a Candidate is introduced to the client by way of a Freelance appointment, a fee set out in clause 5 will be applicable if a resulting Permanent appointment is made within 12 months of the last day of their Freelance appointment. The Permanent Placement Fee will be in addition to any Kairos Freelance Margin due during the Freelance appointment.
5. PERMANENT PLACEMENT FEE
5.1 Kairos Recruitment Fee Percentage: 25%
5.2 Kairos Recruitment Fee is calculated as a percentage of the first year’s total remuneration. First year’s total remuneration is calculated as a candidate’s gross remuneration including, but not limited to, any guaranteed bonus or commission, company car, car allowance and weighting / travel allowance. The Client shall provide to Kairos a full statement of the total remuneration to be received by a candidate. For invoicing purposes, a company car, unless otherwise stated in an offer letter, will be valued at £6,000 or local currency equivalent based on current exchange rate.
6. GUARANTEE PERIOD
6.1 The guarantee period for this appointment is 8 weeks. If the appointment of a candidate is terminated within the guarantee period the Client will have a choice of the following guarantee’s:
6.1.1 Kairos will either find a replacement, free of charge for the same position; OR
6.1.2 Provide the client a fee rebate structure based on the week in which the candidate’s employment was terminated:
Week 1-2 – 80% refund of the total fee
Week 3-4 – 60% refund of the total fee
Week 5-6 – 40% refund of the total fee
Week 7-8 – 20% refund of the total fee
6.2 No guarantee shall be applicable if:
6.2.1 Kairos is not notified in writing within 14 days of termination of the appointment together with reason(s) for it
6.2.2 The fee is not paid to Kairos within 14 days of tendering the invoice
6.2.3 The cause of termination is not attributed to the candidate’s qualifications, capability or conduct
6.2.4 The candidate is made redundant
7. PAYMENT TERMS
7.1 Kairos’ invoices are payable within 14 days of the date of issue. Late payments will automatically be re-invoiced at 30%. Interest charges will be payable on late payments and are charged every 30 days thereafter at 2.5% above Barclays Bank Plc base rate. No variations to these terms will apply.
7.2 Kairos are not responsible for any local taxes that may fall due to the Client in respect of Local Taxes and Charges. All Local Taxes and Charges must be paid by the Client and Kairos’ invoice value must be paid in full in UK Sterling. Clients must pay their own bank charges in respect of currency exchange and transfer fees.
8. QUALITY ASSURANCE
8.1 Kairos will take all reasonable steps to ensure that a candidate is suitable but can accept no responsibility for the checking of a candidate’s references relating to his/her qualifications, skills, character, experience, for seeing that the legal and medical requirements relating to a candidate have been met, or for obtaining necessary work permits. References and psychometric tests will only be taken upon request.
8.2 Kairos will not headhunt or try to deliberately solicit staff from our clients. However, your staff may already be on our databases or contact us independently. We shall not be responsible, and we shall not have any liability, for any correspondence or contact from us that a member of your staff receives if they: have applied direct to Kairos previously; are already held on our databases; are available on third party databases that we use; have been referred to us without current employment confirmation; or, are sourced through social media without up to date employment details. Such correspondence or contact shall not be considered to be headhunting or deliberately soliciting.
8.3 Kairos is a GDPR compliant business and securely stores all Candidate and client data accordingly. Once a Candidate’s details are supplied to a Client by Kairos, it is a Clients responsibility to comply to the GDPR and protect the Candidate’s data accordingly.
9. THIS AGREEMENT
9.1 This document is valid from the date of signature and supersedes any other agreements.
9.2 This document and its details are to be kept confidential at all times between Kairos and the client.
9.3 This Agreement shall be constructed in accordance with English Law and the parties agree to submit to the jurisdiction of the English Court.