Terms of Business

Chase Zander Terms of Business

1. Chase Zander Limited and all of its group companies operate as both an Employment Business placing permanent employees and as an Employment Agency placing interim / contract / Temporary staff.

Chase Zander 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 introduction provided by Chase Zander and supersede all others.  They apply unless a variation is agreed in writing by a Director of Chase Zander.

2. An introduction will have been effected once the employer and potential employee make contact as a result of Chase Zander having submitted the candidate’s CV.

Fees will be charged for any person engaged in either employment or a contract for services for any role with the client even if the introduction is made indirectly.  In these terms, the word employee will apply to any person who is introduced by Chase Zander 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 Chase Zander to an employer is engaged within twelve months of the date of initial introduction.

Chase Zander reserves the right to charge a penalty fee of 50% of a candidates projected total remuneration on candidates introduced by Chase Zander that are appointed unbeknown to Chase Zander within 12 months following the 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 any additional salary, paid expense or any taxable benefits.  The provision of a motor car will be valued at £4,000, the taxable benefit or car allowance, whichever is the greater.  Employers undertake to inform Chase Zander 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 Chase Zander reserves the right to calculate its fees on its own projection of total remuneration.

5. Chase Zander reserves the right to charge an additional fee based upon actual total remuneration in the first year when actual remuneration is materially different from the projected remuneration used in calculating the initial fee.  Employers undertake to supply Chase Zander with such information in writing as may be necessary to calculate such additional fees.

6. Fees

1. Fees for candidates from the Chase Zander Executive Database are payable when the candidate is either

(i) introduced and commences employment
(ii) converts from contract / interim during the assignment to a permanent or fixed term contract role
(iii) engaged within 12 months following the introduction or within 12 months following completion or part thereof of the assignment.

(iv) a sum equal to the gross profit that the Company would have made in respect of supplying the services of the Supplier or Consultant to the Client or the third party for the period of the relevant engagement  in the case of the engagement of the Supplier or the Consultant under a contract for services.

In each of the scenarios listed above a fee will be charged if the candidate is employed with the Client or any third party via the client (including but not exhaustively any subsidiary, association, group / sister company, third party, client, supplier, consultancy, start-up or other company.)

Fees are calculated as a percentage of the Candidate’s first year’s total remuneration.  Permanent and Fixed Term Contract fee rates are as follows:

20% of total remuneration to £30,000

22.5% of total remuneration between £30,001 and £50,000

25% for total remuneration between 50,001 and £75,000

27.5% for total remuneration between £75,001 and £100,000

30% for total remuneration above £100,000

There is a minimum fee of £3,000 before VAT irrespective of the total remuneration.

Contract fee rates are a margin of 20% of the day rate.

Chase Zander reserves the right to be paid a permanent placement fee based on the total remuneration including all taxable remuneration actually paid to the candidate during the Candidate’s first twelve months of employment if this exceeds the anticipated total remuneration at appointment of the Candidate.

When the Candidates’ remuneration includes a guaranteed bonus 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 Chase Zander within 5 working days of the offer being made.

If no offer letter is provided within 5 working days, Chase Zander reserves the right to charge a fee based on the Candidate’s last full year’s total remuneration plus 10%.

(b) Assignment/Retained Work
Fees and costs for advertising and executive search assignments will be detailed in a separate assignment proposal.  All other terms detailed here will apply to assignment/retained work except clause 11 and any other clauses excluded or varied in the assignment proposal.

(c) Termination of Assignments
If during the course of a search and selection assignment work is terminated or suspended due to factors outside the control of Chase Zander or if terms are materially altered, fees to cover working costs appropriate to the stage reached will be payable.  This may include part of a Completion Fee that would be due had an assignment been allowed to reach conclusion where termination or suspension is advised to Chase Zander at or after the Progress (or shortlist) Fee stage is reached.

(d) A small handling charge will be added to all overseas fees referred to.

7. All fees are calculated exclusive of VAT and will bear VAT at the applicable rate.

8. Invoices are issued on commencement 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.

9. Chase Zander reserves the right to charge interest on fees unpaid within 1 month of the invoice date.  A rate of four per cent above Barclays Bank PLC’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.

If a candidate introduced by Chase Zander is appointed unbeknown to Chase Zander we reserve the right to retrospectively charge interest on our projected fee from 30 days after the start date of the candidate.

10. 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.

11. Guarantee – Chase Zander will seek to introduce a replacement employee at no extra charge provided that:

(a) Chase Zander’ fee in respect of the introduction has been paid in full within 1 month of the date of the invoice

(b) The candidate has been dismissed from the employment within 10 weeks of commencement

(c) The client notifies Chase Zander in writing of the termination of the employment within seven days thereof

(d) The client 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 amalgamation or reorganisation, of the client or major changes to the original job specification
In the event that a client has fulfilled all the above conditions and is entitled to a free replacement and Chase Zander is not able to provide one within 6 months, the client will receive a repayment calculated as a proportion of the introduction fee net of VAT.

UK Employment – 10% of the fee relating to a candidate introduced by Chase Zander from Chase Zander’ Executive Database that leaves the Client’s employment, within 10 weeks of commencement of employment, becomes refundable by Chase Zander to the Client for each week of the 10 weeks that the Candidate was not in the client’s employment.

OVERSEAS Employment – 50% of the fee relating to a Candidate introduced by Chase Zander from Chase Zander’ contingency database that leaves the Client within the first 10 weeks of commencement of employment becomes refundable by Chase Zander to the client.

These guarantees are strictly subject to Chase Zander receiving written notification within 7 days of the candidate leaving and Chase Zander having received full payment of invoiced fees within the settlement terms.

12. 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.

13. Privacy – The disclosure by the Client to a third party (whether subsidiary, association, group / sister company, client, supplier, consultancy, start-up or other company) of any details regarding a candidate introduced by Chase Zander which results in an Engagement with that third party within 12 months of the introduction renders the Client liable to payment of Chase Zander’ fee as set out in clause 6 with no entitlement to any refund.

14. Warranty – in effecting introductions Chase Zander is obliged to rely on 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, Chase Zander cannot accept responsibility for any information or representation concerning potential employees to whom employers may be introduced and in particular the history, character, capability or suitability of any potential employee. No representation or warranty is made that any potential employee is or will be available to fill a situation.

15. Acceptance – The client is deemed to be bound by these terms of business moving forward from the point at which any of the following criteria are met;

1. by notifying Chase Zander of a vacancy either verbal or written.
2. the client warrants that a candidate has been duly introduced to them by Chase Zander upon receipt of the CV.

When a CV is introduced by Chase Zander and the candidate proceeds with the client through Chase Zander, any duplicate application through another consultancy will not affect these terms and conditions.

If the client does not respond within 4 days working days following receipt of these terms of business this will be deemed as acceptance of these terms and conditions.

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

17(i) Temporary placements – where a candidate, previously employed through Chase Zander on a temporary contract basis, is offered a permanent position the full fees as calculated under Clause 6 above is due.

(ii) When a candidate employed on an interim / contract / temporary or fixed term basis continues to be employed for a period greater than 12 months, Chase Zander will charge the client on a continual basis unless otherwise agreed in writing.

18 Non-solicitation of employees. The client shall not on their own behalf or on behalf of any third party (whether subsidiary, association, group / sister company, client, supplier, consultancy, start-up or other company) within 12 months of the last written, electronic or verbal communication with Chase Zander, or any Chase Zander employee, solicit or in any manner attempt to influence or induce any employee of the Company or any group company to leave the employment of the Company or any group company. Chase Zander Employees – where the client or any third party engages a member of staff of Chase Zander (whether an employee or otherwise), the client will pay a fee to Chase Zander as if that person had been introduced as a candidate by Chase Zander in conjunction with the fees outlined in clause 6 plus a penalty fee of 50%.

Company number is 04461264