RP International search, a division of RP International plc - Standard Terms Of Business

1) - RP International Search, which is a Division of RP International Plc. (hereinafter referred to as “RP”) effects introductions between employers, partnerships or entities seeking providers of services and potential employees, potential partners or potential consultants. These terms apply to such services of introductions provided by RPISL and supersede all others. They apply unless any variations are agreed in writing by the Managing Director of RP.

2) - An introduction will have been effected once the employer and potential employee make contact as a result of RP’s notification of a requirement, current, potential or otherwise. Fees will be charged for any person engaged in either employment or a contract for services as a consequence of, or resulting from, an application by an employer to RP. Even if the introduction is made indirectly. In these terms, the word employee will apply to any person who is introduced by RP and enters into an employment contract, a position as a partner or is contracted either for services or a business they control is contracted for services. Fees will also be charged if a potential employee introduced by RP to an employer is engaged within twelve months of the date of the initial introduction.

3) - Fees are charged for each introduction of an employee, partner or consultant and are calculated as a percentage of the total remuneration in the first year of employment. Total remuneration is defined as salary and any bonus and commission payments together with an additional salary, paid expense or any taxable benefits. (The provision of a motor car will be valued at £5,000, the taxable benefit or car allowance, whichever is the greater). Employers undertake to inform RP in writing of the terms of employment (or use whether under a contract of services or for services) and to provide such information that may be necessary to calculate fees payable.

4) - Where for whatever reason the projected total remuneration in the first year of employment cannot be agreed RP reserves the right to calculate its fees on its own projection of total remuneration.

5) - Fees: Registered Placement

(a) Register – Fees for candidates from the RP register are payable when the Candidate introduced by RP commences employment with the Client or any third party via the Client. Fees are calculated as a percentage of the Candidate’s first year’s total remuneration.

Fees are as follows:

25% total remuneration up to £49,999
30% total remuneration of £50,000 to £99,999
35% total remuneration of £100,000 or above
There is a minimum fee of £6,000 before VAT irrespective of the total remuneration.

When the payment to the Consultant is on the basis of a “guaranteed draw” or similar whether recoverable or not, the billing will be calculated according to the offer letter, a copy of which will be provided by the Client to RP within 5 working days of the offer being made. If no offer letter is provided within 5 working days, billing will be based on the Candidate’s last full years total remuneration.

(b) Retained Projects – Fees and costs for advertising and search projects will be detailed in a separate assignment proposal.

(c) Termination of a Retained Project – If during the course of a retained project, work is terminated or suspended due to factors outside the control of RP, a cancellation fee equal to the value of the Short List value will be charged.

6) - All fees are calculated exclusive of VAT and will bear VAT at the applicable rate.

7) - Invoices are issued on candidate’s formal acceptances of employment and are payable on receipt. Invoices for items such as expenses and advertising are issued as costs are incurred and are payable on receipt.

8) - RP reserves the right to charge interest on fees unpaid within 14 days of the invoice date. A rate of four per cent above National Westminster Bank’s base lending rate will apply calculated on a day-to-day basis as from the date of the invoice until the date of payment.

9) - Offers made in foreign currencies will be converted into sterling at the Exchange Rate in the United Kingdom at 9am on the day the offer is made.

10) - Guarantee – RP will seek to introduce a replacement employee at no extra charge provided that:

(a) RP’s fee in respect of the introduction of the employee has been paid in full within 14 days of the date of the invoice.

(b) the employee has terminated or been dismissed from the employment within 10 weeks of commencement

(c) the employer notifies RP in writing of the termination of the employment within 7 days thereof

(d) the employer or any subsidiary or associated company or firm of the employer shall not engage the person within twelve months of the date of termination of employment

(e) the termination is not due to redundancy or the liquidation, bankruptcy, dissolution or reorganisation or amalgamation, of the employer or major changes to the original job specification.

In the event that an employer has fulfilled all the above conditions and is entitled to a free replacement and RP is not able to provide one within 6 months, the employer will receive a repayment calculated as follow:

Up to 8 weeks, 70% of RP’s Fees
8 – 10 weeks, 50% of RP’s Fees

11) - Confirming of professional and academic qualifications, medical examinations, taking up references and work permits and ascertaining the suitability of any potential employee prior to engagement are the employer’s responsibility.

12) - Privacy – the benefit of introductions made by RP is not assignable by employers and an employer who passes on an introduction of a potential employee to another will be charged the appropriate fee, as set out above, if employment results. The guarantee provisions set out above will not apply in such circumstances.

13) - Warranty – in effecting introductions RP is obliged to rely upon the good faith of potential employees and cannot accept responsibility for any loss or expenditure incurred by an employer in attempting to effect a meeting with a potential employee. Subject to the provisions of the Unfair Contract Terms Act 1977, RP cannot accept responsibility for any information or representation concerning potential employees to whom employers may be introduced and in particular the history, character, age, capability of suitability of any potential employee. No representation or warranty is made that any potential employee is or will be available to fill a situation.

14) - Acceptance – by notifying RP, whether or not in writing, of a vacancy or agreeing to make contact with or employ a potential employee introduced by RP an employer is deemed to be bound by these terms of business. When a CV is introduced by RP, and the candidate proceeds with the application through RP, any duplicate application through another consultancy will not affect these terms and conditions.

15) - These terms shall be interpreted in accordance with the English law and the parties agree to submit to the jurisdiction of the English courts.