(u)Terminology(/u)

MSMS - Multi Site Management Specialists

Candidate - an individual introduced to the Client by MSMS.

Introduction - whereby a Client was not aware of the Candidates interest in meeting with them, or aware of their existence prior to MSMS making them aware, with a view to a possible future engagement with the Client.

Engagement - whereby a Client utilises the services of a Candidate introduced by MSMS either by employment, contract, agent or distributor.

The following terms of business are between MSMS and the Client. These terms of business are deemed to be accepted by the Client by virtue of signing and returning them to MSMS, or by written agreement of an assignment proposal, or by agreeing to interview, or interviewing a candidate, or by the engagement of a candidate introduced to the Client by MSMS. This acceptance of the terms of business relates to any kind of introduction or engagement of a Candidate by MSMS to the Client within a period of 12 months from the initial introduction.

B) CONDITIONS

1) MSMS are not employers and carry out business as agents, only for the purpose of effecting introductions between the Clients and the Candidates, with the possibility that an offer of engagement may be made to the Candidate should they be deemed suitable by the Client.

2) MSMS and their servants do not accept responsibility and are not liable for any information or representation concerning their Candidates or persons to whom their Candidates may be introduced, neither do they give or accept responsibility for any warranty concerning the history, character, age and capabilities to do the job or suitability of their Candidates or of such persons.

3) Candidate profiles or CV's provided to the Client are to be used as a guideline only and although MSMS will do everything that they can to try and make sure that the information is accurate and correct at the time it is sent to the Client, it is the Clients responsibility through meetings with the candidate to check the accuracy of the information and their suitability for engagement with the Client

4) MSMS are not responsible for taking up references on behalf of the Clients for the Candidates qualifications, capabilities, integrity, financial status, personal status, medical history or suitability to meet with the required job specification

5) The Clients are urged in their own interests in every case to take up references themselves on the candidate, although this should only be done after an offer has been accepted in writing by the candidate and has resigned their current position.

6) MSMS give no representation or warranty that any Candidate is or will be available to fill any position at the time an offer of engagement is made to the Candidate.

7) MSMS are not liable for any expenses incurred in effecting or attempting to affect a meeting following the introduction of a Candidate to the Client, unless otherwise agreed in writing by MSMS before an assignment is commenced.

8) All fees are exclusive of Vat. Vat will be charged at the current rate.

9) To avoid offence Clients are advised that all fees invoiced must be paid within the period stated on the relevant invoice. Any invoices unclear after the date stated on the relevant invoice will be passed onto credit control and MSMS reserve the right to charge interest at MSMS's bank rate, per calendar month on all outstanding invoices, from the date the invoice is due until the date of payment.

10) In accepting the above terms of business the Client agrees to notify MSMS immediately once a Candidate is appointed for engagement or referred to a third party for possible engagement and to supply MSMS with copies of all relevant correspondence.

11) If a Client or a member of the Clients staff or an employee of the Clients associated companies refers a Candidate introduced by MSMS to the Client to a third party and they engage the services of the Candidate, within 12 months of MSMS effecting an introduction of a Candidate to the Client, then the Client is fully responsible and liable for the full payment of the fees agreed prior to MSMS introducing the Candidate to the Client. The rebate scheme will not apply under these circumstances.

C) ASSIGNMENTS AND FEES

The type of assignment and the fee to be charged for the assignment will be agreed by MSMS and the Client prior to any work being undertaken on the assignment. MSMS's normal fees are 30% of the total of the first year's remuneration package. i.e. 30% of the first years gross basic salary including any guaranteed bonuses/commissions in the first year or any bonuses/commissions stated by the Client to the Candidate directly or through MSMS with the Clients permission, to entice the Candidate to enter into engagement with the Client. If for any reason MSMS agree to work at a reduced rate, if any fees are not paid by the due date on the relevant invoices, then the discount will no longer apply and MSMS's normal fees (30%) will apply. MSMS work on the following assignments.

1) Contingency - MSMS will introduce Candidates to the Client on a "no win - no fee" basis, therefore if the Client decides not to engage the Candidate introduced to them by MSMS, then no fee will apply. Only if the Client decided to engage a candidate introduced by MSMS will a fee be payable. The fee would be payable 14 days after the verbal acceptance of the position by the Candidate

2) Sole Agency Contingency - MSMS will introduce Candidates in the same way as above, but the Client agrees to an exclusivity period whereby the Client will not use any other sources to uncover candidates i.e. advertisements, recruitment agencies, third party referrals or any other methods either directly or in-directly connected to presenting candidates for the assignment MSMS has agreed to work on. This exclusivity period is to be agreed before any work is commenced on the assignment by MSMS. The client agrees to forward all applications via any other sources directly to MSMS during the exclusivity period agreed and they will be screened in the same way along with other Candidates that MSMS uncover during the assignment. Any engagement of a Candidate made by the Clients arising from Candidates sourced via adverts, recruitment agencies, third party referrals or any other way as described above, will be treated as if MSMS has introduced the Candidate to the Client and therefore the fee agreed at the beginning of the assignment will be due and payable 14 days after the verbal acceptance of the position by the Candidate.

3) Retainer - After the fee has been agreed between MSMS and the Client, the first stage payment of one third of the fee is payable before MSMS commences working on the assignment. The second stage payment is one third of the fee agreed payable immediately upon the acceptance of a suitable shortlist by the Client, usually 3 candidates. The final stage payment is the final balance depending on the final package agreed and is payable 14 days after the verbal acceptance of the position by the candidate. If MSMS cannot produce a shortlist that is acceptable to the Client, then the first stage of the fee will be refunded in full. However, if a suitable shortlist is accepted by the Client, then the first two stages of the fee must be paid in full and are not subject to any rebate scheme. A minimum fee of £2,000.00 is payable at the first stage.

D) REBATES

If the candidates engagement with the Client is lawfully terminated for any reason other than that of redundancy, provided that MSMS are notified in writing within seven days of the termination and all fees due to MSMS have been paid on or before the due dates on the invoices and the Client gives MSMS exclusive rights to replace the Candidate, then the following rebate scales will apply, depending on what type of assignment has been worked on. Any probationary periods are included in the rebate time constraints and under no circumstances will MSMS allow any trial periods before the rebate period comes into effect.

CONTINGENCY AND SOLE AGENCY CONTINGENCY

During the first and second week of employment 100%

During the third and fourth week of employment 50%

During the fifth and sixth week of employment 25%

During the seventh and eighth week of employment 10%

RETAINER

Only the final stage invoice of the assignment is subject to the following rebate if the Candidates engagement with the Client is lawfully terminated as stated in the first paragraph of D above.

During the first and second week of employment 100%

During the third and fourth week of employment 80%

During the fifth and sixth week of employment 60%

During the seventh and eighth week of employment 40%

During the ninth and tenth week of employment 20%

During the eleventh and twelfth week of employment 10%

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