engagement by the Client of a Candidate unless such loss, damage, costs or expenses are a direct result of the negligent acts or omissions of PYR. For the avoidance of doubt, nothing in this clause shall be deemed to exclude any liability which cannot by law be excluded, including without limitation, liability for death or personal injury and fraudulent misrepresentation.
12. If, after an offer of employment has been accepted by a Candidate, the Client withdraws such offer, it shall be liable for a cancellation fee of 50% of the permanent introduction fee or the fixed term contract fee, as appropriate.
13. If the Client engages a Candidate in any capacity within one year of the Candidate being introduced by PYR, or if the Client refers a Candidate to a third party which engages the Candidate in any capacity, the Client will be liable for the permanent introduction fee calculated as per clause A.
14. If, within 12 months of registration of a Position, any employee of PYR with whom the Client has dealt during that 12 month period is engaged by the Client in any capacity, the Client will be liable to PYR for an introduction fee of £10,000.
15. By asking PYR to introduce Candidates for a Position, the Client is authorising PYR to advertise such Position.
16. The Client shall inform PYR immediately if it becomes aware of any circumstances which would render the employment of any Candidate detrimental to the interests of the Candidate or the Client.
17. On request, PYR will supply to the Client copies of any relevant qualifications or authorisations provided to PYR (except where PYR is not permitted to obtain, verify or disclose the same or where the Client is required by law or by the rules of any relevant regulatory or professional body to obtain or verify the same) and copies of non- confidential references in PYR’s possession where the position involves working with vulnerable persons, including without limitation, persons under the age of 18, or persons in need of care or attention by reason of old age, infirmity or any other circumstances.
18. The Client shall not bring any claim or legal proceedings in respect of any refund, credit note, debt, overpayment (including VAT) or other repayment, howsoever arising, after the expiry of 4 years after the date on which the relevant payment was made.
19. If any provision or part thereof of these Terms is held to be illegal or unenforceable the validity or enforceability of the remainder of the relevant provision and the Terms shall not be affected.
20. Guarantee of Satisfaction: In the event of a Candidate leaving the Client’s employment within 6 weeks of commencement for any reason other than material change to the Position, PYR shall offer a rebate (staggered between we 1 and 6) of the Placement Fee or a free replacement. This Guarantee of Satisfaction shall not apply (i) where the Client has not already paid the permanent introduction fee in accordance with clause 7; or (ii) where the Client has failed to notify PYR of the Candidate’s termination of employment in writing within 7 days of such termination; or (iii) to the free replacement, fixed term contract placements, fixed term contract to permanent conversions, or temporary to permanent conversions; or (iv) to the Retainer Fee (for the purposes of
calculating any rebate, the amount of the Placement Fee shall be deemed to be the permanent introduction fee); or (v) to engagements under clause 13 which are not notified to PYR; or (vi) to engagements under clause 14.
21. If within 12 months of the end of the employment, the Client re- engages any Candidate to whom the Guarantee applied:
• any rebate paid to the Client shall be repayable to PYR; or
• if the Client accepted a replacement, then the Client shall be
liable for a permanent introduction fee in respect of the replacement.
22. A minimum introduction fee of £3000 shall apply to all permanent placements and fixed term contract placements of more than 6 months duration. For fixed term contract placements up to 6 months duration, the minimum introduction fee shall be £3500.
23. Neither party shall disclose any information of the other which is designated confidential or which ought reasonably to be regarded as confidential, except for information which is already in the public domain (otherwise than by breach of this clause) or where disclosure is required by law.
24. Both parties shall comply with all applicable law, including without limitation, the Data Protection Act 1998 and all anti-discrimination legislation.
25. These Terms of Business shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.