Professional recruitment must continue regardless
The following terms, together with the Terms and Conditions for Use of www.coltmm.com ("Site"), constitute a legally binding contract between you ("you", "your") and Colt Mackenzie McNair Limited, a company incorporated in England & Wales with registered number 5950481 and having its registered office at 107 High Street, Hungerford, Berkshire RG17 0ND ("we", "us", "our").
By checking the box stating you accept these conditions on the Employer's registration page on the Site and/or by posting a vacancy on the Site, you agree to the following terms:-
1.0 Definitions and Interpretation
1.1 In this contract:-
"Candidate" means an individual sourced by you (directly or indirectly) via the Site;
"CV" means the curriculum vitae of a Candidate available on the Site or otherwise provided by us to you in respect of a vacancy posted on the Site;
"Engagement" means the employment, hire, contracting or other use or engagement of a Candidate by or on behalf of you and/or any of your associated persons, under a contract of service or contract for services or otherwise, on a permanent basis or for a period in excess of 1 month and "Engage", "Engages" and "Engaged" shall be interpreted accordingly;
"Fee" means:-
(a) £500 in relation to a Candidate Engaged on a base salary of less than £20,000 per annum; and
(b) in relation to any other Candidate Engaged, 12.5% of such Candidate's expected base salary in the first year of Engagement,
in each case exclusive of any applicable value added or similar tax which is also payable;
"Offer of Employment" means an offer (verbal or written) made to a Candidate in relation to the Engagement of that Candidate;
1.2 references to statutes or statutory provisions shall include any modifications, amendments, extensions, consolidations or replacements from time to time and shall include any orders, regulations, instruments or subordinate legislation under or deriving therefrom;
1.3 any gender shall include the other genders, the singular number shall include the plural and vice versa and references to persons shall include references to any individual, body corporate, unincorporated association, trust or partnership (in each case whether or not having a separate legal personality);
1.4 references to Clauses are to clauses in this Agreement;
1.5 the headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of this Agreement; and
1.6 the phrase "associated person" has the meaning ascribed to "group undertaking" in S1161(5) of the Companies Act 2006.
2. General
2.1 You warrant that the individual who is entering into this contract is authorised to enter into this contract on your behalf and to bind you to its terms. If the individual does not have authority to bind you we will hold that individual personally responsible for any losses, costs and/or damages incurred as a result.
2.2 All CVs submitted to this Site are the copyright of the individuals who submitted them and you agree not to use these CVs for any purpose other than to source Candidates for specific positions within your organisation.
2.3 We do not guarantee that any Candidate registered with this Site is currently seeking employment or available to work. You agree that we are not liable for any losses, damages, expenses and/or costs incurred by you as a result of any Candidate registered to the Site being unable or unwilling to work for you or any of your associated persons.
3. Your Obligations
3.1 You undertake to give notice to us within 5 working days (in accordance with Clause 6 below) if you (or any of your associated persons) make an Offer of Employment to a Candidate and/or an Offer of Employment is accepted. Such notice must include the following details:-
3.2 You further undertake to provide us with a copy of the Offer of Employment, duly signed and dated by you (or your associated person) and the Candidate within 30 days of the date of commencement of the Engagement.
3.3 Failure to inform us of any Offer of Employment in terms of this Clause 3 will result in your being liable to us for the sums due to us under this contract together with any loss of interest, expenses and/or costs incurred by us (directly or indirectly) as a result of such failure.
4. Your Right to Advertise
4.1 You may place an advertisement to a vacancy which would be suitable for Candidates in relation to your business on the Site free of charge. Such advert must adhere to the conditions in the Terms & Conditions of Use which can be found at the bottom of the Home page on this Site and must also be in the form required by us in terms of our template. We reserve the right to adapt and amend any such advertisement to comply with such requirements, but shall advise you of any such changes before effecting them on the Site.
4.2 You warrant to us that the information input by you for inclusion in any such advertisement will be accurate, lawful and appropriate and will indemnify us from and against any liability we incur arising from our allowing such information to appear on the Site. We reserve the right to amend, suspend or delete the content of any advertisement which we do not consider satisfies the terms upon which the advertisement is posted.
5. Fees
The Fee will become payable by you to us upon the date of commencement of the Engagement or, if earlier, upon the expiry of 30 days following the date on which the Offer of Employment is accepted by the Candidate. The Fee will be payable if the Candidate is employed by you and/or any of your associated persons within 12 months of their CV being provided to you via the Site, or otherwise, by us.
5.2 When the Fee becomes payable, we shall send you an invoice detailing the fee due to us.
6. Notice
Any notice required to be given under this contract will be given within 5 working days of the date such notice is due by way of an e-mail to the following address:-enquiries@coltmm.com
7. Jurisdiction
These terms are governed by the laws of England and Wales and by accepting them you acknowledge and agree that the Courts of England shall have non-exclusive jurisdiction in respect of any dispute.
By checking the box stating you accept these conditions on the Employer's registration page on the Site and/or by posting a vacancy on the Site, you agree to the following terms:-
1.0 Definitions and Interpretation
1.1 In this contract:-
"Candidate" means an individual sourced by you (directly or indirectly) via the Site;
"CV" means the curriculum vitae of a Candidate available on the Site or otherwise provided by us to you in respect of a vacancy posted on the Site;
"Engagement" means the employment, hire, contracting or other use or engagement of a Candidate by or on behalf of you and/or any of your associated persons, under a contract of service or contract for services or otherwise, on a permanent basis or for a period in excess of 1 month and "Engage", "Engages" and "Engaged" shall be interpreted accordingly;
"Fee" means:-
(a) £500 in relation to a Candidate Engaged on a base salary of less than £20,000 per annum; and
(b) in relation to any other Candidate Engaged, 12.5% of such Candidate's expected base salary in the first year of Engagement,
in each case exclusive of any applicable value added or similar tax which is also payable;
"Offer of Employment" means an offer (verbal or written) made to a Candidate in relation to the Engagement of that Candidate;
1.2 references to statutes or statutory provisions shall include any modifications, amendments, extensions, consolidations or replacements from time to time and shall include any orders, regulations, instruments or subordinate legislation under or deriving therefrom;
1.3 any gender shall include the other genders, the singular number shall include the plural and vice versa and references to persons shall include references to any individual, body corporate, unincorporated association, trust or partnership (in each case whether or not having a separate legal personality);
1.4 references to Clauses are to clauses in this Agreement;
1.5 the headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of this Agreement; and
1.6 the phrase "associated person" has the meaning ascribed to "group undertaking" in S1161(5) of the Companies Act 2006.
2. General
2.1 You warrant that the individual who is entering into this contract is authorised to enter into this contract on your behalf and to bind you to its terms. If the individual does not have authority to bind you we will hold that individual personally responsible for any losses, costs and/or damages incurred as a result.
2.2 All CVs submitted to this Site are the copyright of the individuals who submitted them and you agree not to use these CVs for any purpose other than to source Candidates for specific positions within your organisation.
2.3 We do not guarantee that any Candidate registered with this Site is currently seeking employment or available to work. You agree that we are not liable for any losses, damages, expenses and/or costs incurred by you as a result of any Candidate registered to the Site being unable or unwilling to work for you or any of your associated persons.
3. Your Obligations
3.1 You undertake to give notice to us within 5 working days (in accordance with Clause 6 below) if you (or any of your associated persons) make an Offer of Employment to a Candidate and/or an Offer of Employment is accepted. Such notice must include the following details:-
- date of commencement of Engagement; and
- annual base salary expected to be paid to the Candidate in their first year of Engagement.
3.2 You further undertake to provide us with a copy of the Offer of Employment, duly signed and dated by you (or your associated person) and the Candidate within 30 days of the date of commencement of the Engagement.
3.3 Failure to inform us of any Offer of Employment in terms of this Clause 3 will result in your being liable to us for the sums due to us under this contract together with any loss of interest, expenses and/or costs incurred by us (directly or indirectly) as a result of such failure.
4. Your Right to Advertise
4.1 You may place an advertisement to a vacancy which would be suitable for Candidates in relation to your business on the Site free of charge. Such advert must adhere to the conditions in the Terms & Conditions of Use which can be found at the bottom of the Home page on this Site and must also be in the form required by us in terms of our template. We reserve the right to adapt and amend any such advertisement to comply with such requirements, but shall advise you of any such changes before effecting them on the Site.
4.2 You warrant to us that the information input by you for inclusion in any such advertisement will be accurate, lawful and appropriate and will indemnify us from and against any liability we incur arising from our allowing such information to appear on the Site. We reserve the right to amend, suspend or delete the content of any advertisement which we do not consider satisfies the terms upon which the advertisement is posted.
5. Fees
The Fee will become payable by you to us upon the date of commencement of the Engagement or, if earlier, upon the expiry of 30 days following the date on which the Offer of Employment is accepted by the Candidate. The Fee will be payable if the Candidate is employed by you and/or any of your associated persons within 12 months of their CV being provided to you via the Site, or otherwise, by us.
5.2 When the Fee becomes payable, we shall send you an invoice detailing the fee due to us.
6. Notice
Any notice required to be given under this contract will be given within 5 working days of the date such notice is due by way of an e-mail to the following address:-enquiries@coltmm.com
7. Jurisdiction
These terms are governed by the laws of England and Wales and by accepting them you acknowledge and agree that the Courts of England shall have non-exclusive jurisdiction in respect of any dispute.