The List
Standard Recruitment Terms & Conditions


Definitions: The following Terms apply:

1.i “Candidate”: the person Introduced by The List to a Client for an Engagement.
 
1.ii “Client”: the person, firm or corporate body together with any subsidiary or associated company as defined in the Companies Act 1985 to which a Candidate is Introduced. 

1.iii “Introduction or Introduced” (taking the same meaning): means (i) a Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to The List to Search for a Candidate; or (ii) the passing of a CV or information which identifies the Candidate through whatever means; either of which leads to the Engagement of that Candidate or other Candidates. An Introduction is binding for up to 6 calendar months.  Introduced Candidates should not be approached without the prior express knowledge and agreement of The List; such an approach may incur fee liability of one day consultanct fee. 
 
1.iv “Engagement or Engaged ” (taking the same meaning): means the employment or use of the Candidate by the Client or any third party on a permanent or temporary basis whether under contract of service or not or for any services under agency, licence, franchise or partnership agreement. 

1.v “Agency”: a third party acting on behalf of a Client. 

1.vi “Search”: an assignment conducted without media advertising to identify prospective Candidates, the nature and scope of which is agreed with the Client beforehand.
 
1.vii “Selection”: the use of media advertising to attract prospective Candidates, the nature and scope of which is agreed with the Client beforehand.
 
1.ix “Search & Selection”: a combined assignment, the nature and scope of which is agreed with the Client beforehand. 

1.x. “Remuneration”: meaning the “Gross Annual Remuneration Package” which includes salary and all joining inducements, bonuses, profit share, overseas premiums, travel allowances, living accommodation allowances and any other identifiable financial benefits 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 within the first 12 calendar months of the Engagement. All fees are expressed as a percentage of the first year’s Gross Annual Remuneration Package. (The provision of a car is valued at £6,000. In the absence of other information, living accommodation allowances are valued at £25,000)
 
1.xi “Variation”: a written amendment to these Terms agreed and signed by The List and the Client.
 
1.xii “Instruction to Proceed”: a written and agreed brief between The List and the Client for an assignment containing: a description of the said assignment; the sequence of deliverables and any Variation to these Terms. A signed Service Level Agreement will negate the requirement for an Instruction to Proceed.
 
1.xiii “Offer of Employment”: the Offer of an Employment or contractual Engagement made in writing or by electronic/digital means to a Candidate by the Client. Acceptance of the Offer of Employment in writing or by electronic/digital transmission by the Candidate is deemed to be the point at which The List has provided a service to the Client. 

1.ivx Unless the context requires otherwise, references to the singular includes the plural.

Contract:

2.i These Terms constitute the contract between The List and the Client and (irrespective of signature or acknowledgement by the Client) are deemed to be accepted by the Client by virtue of an Introduction of, or the Engagement of, a Candidate or the passing of any information about a Candidate to any third party following an Introduction.

2.ii These Terms represent the agreement between the parties and unless otherwise varied in writing by a Director of The List, they shall prevail over any other Terms of Business or purchase conditions put forward by the Client.

2.iii No Variation or alteration to these Terms shall be valid unless the details of such Variation are agreed between The List and the Client and are set out in writing and a copy of the varied Terms given to the Client stating the date on or after which such varied Terms shall apply.

2.iv An electronic/digital acceptance of these Terms, any Variation thereof and the Instruction to Proceed is deemed to be acceptable to both parties. 

Basic Job Posting/Advert: 

3.i  The basic job advert represents a contract for The List to display an advert for 30 days or a shorter period if the Client requests the advert to be withdrawn early. (Clients are requested to cancel a job advert immediately if a position is filled before the due expiry date of the advert.)  The Client undertakes not to post fictitious or non-existent jobs or to deliberately mis-represent the facts associated with jobs on The List website.  Such actions will render the perpetrator liable to the full forfeiture of all fees paid, the immediate withdrawal of all other posted vacancies and possible debarring from future use or, if applicable, membership of The List.  List members are encouraged to report abuse of the job board to a List Director.  Fees are non-refundable once the advert has been posted.
 
Managed Recruitment Solutions:

4.i For the permanent Introduction of a Candidate, the fee payable shall be a percentage of Remuneration as in the prevailing (at the time) List Rate Card or as varied by an Instruction to Proceed or Service Level Agreement.

4.ii Where recruitment of more than one discipline or category are commissioned at the same time and/or where more than one placement of the same discipline or category is expected to result from the same exercise, a negotiable fee abatement for such multiple assignments shall be reflected in a Variation to these Terms.

4.iii A fee, dependant on the nature of the assignment, shall be liable for each additional appointment where a multiple assignment has not previously been agreed.

4.iv Unless otherwise varied, fees shall be charged in the following stages:

a. Stage One – the Initial job advert fee in accordance with the prevailing Rate Card per position, chargeable upon Instruction to Proceed.
b. Stage Two - a Search or Short List fee in accordance with the prevailing Rate Card per position, chargeable upon production of a suitable list or shortlist of Candidates.
c. Stage Three - a Final fee in accordance with the prevailing Rate Card per position chargeable upon candidature acceptance of the Offer of Employment.

4.v Recruitment advertising other than on The List website shall be charged in addition to fees, the cost of such advertising having been agreed by the Client prior to commissioning media. The costs associated with media advertising will be invoiced immediately upon commissioning. Expenses and other significant costs accrued in fulfilling the assignment will be borne by the Client.

4.vi Should employment of a Candidate be terminated before the expiration of 1 month, from commencement date, every endeavour will be made to replace the Candidate at no extra cost providing all fees owed to The List have been paid in accordance with these, or varied, Terms. The Client shall be liable for additional advertising costs and expenses.

Contingency Basis:

5.i Where a Candidate, introduced to a Client on a speculative or contingency basis, accepts an Offer of Employment a fee of 22½% of Remuneration shall be liable.

Alternate Fee Structure for Recruitment and Other Consultancy Work:

6.i As an alternative to a percentage based fee approach, and where a percentage base is inappropriate, The List is able to offer a fee structure quoted on a time and expenses basis for work carried out by various levels of staff, defined as ‘Consultancy Days’ as follows: Research Assistant - between £300-£500 per day; Consultant - £750 per day; Senior Consultant - £1000 per day; Director - £1500 per day. The number of days required for each level will be estimated and agreed between the Client and The List at the commencement of an assignment; staged invoices will be raised.

General Conditions:

7.i The List will not be liable for a Clients commercial or financial loss, expense, damage or delay however caused during the conduct of an assignment with that Client.

7.ii The onus is upon the Client to take up references, unless The List is specifically requested to do so and for which The List cannot accept responsibility for the authenticity, accuracy or reliability thereof. 

7.iii A direct approach to a candidate without the express and prior approval of The List renders the client immediately liable to a one day consultancy fee.

7.iv The List will not undertake any form of security, Criminal Records Bureau or other personal background check into a Candidate; responsibility rests with the Client.

7.v Invoices will be rendered to the Client in accordance with: 3.i, 4.iv, 4.v 5.i and 6.i above; when a Candidate accepts the Offer of Employment; any Variation to these Terms or as prescribed in an Instruction to Proceed (or Service Level Agreement). Fees will be payable upon presentation; interest will become liable 30 days after invoice date.