Terms of Business

Terms of Business as below relate to our standard retained search Terms applicable unless otherwise varied by a retained agreement with a customer. On occasions where a candidate presented by Farn Williams on a "no hire, no fee" basis is hired without a retained search contract having been agreed, the employer is deemed to have accepted these Terms and any such hire is subject to an introductory Fee as in Clause 3.2 below. 

1. Fees are payable as per clause 3. below taking into account any written agreement with the client, and are applicable when a candidate introduced by Farn Williams is hired or otherwise engaged for their services whether as a direct employee, or Consultant or by contract for services through a third party. Information on candidates is strictly confidential and should not be disclosed to a third party without prior agreement. In the event of such disclosure, a fee is also payable by any company which directly or indirectly recommends our candidate to another division or employer and that candidate is subsequently hired or otherwise engaged for their services, within 12 months of the introduction. Acceptance of our introduction of a candidate for a current or future opening supersedes any prior contact with or knowledge of that candidate.

2. Direct CVs; in order that we can conduct a professional search we ask that all CVs from other sources are forwarded to us for inclusion in the search process.

3. (3.1) Standard Retainer Fees are as below, alternatively a fixed fee may be negotiated and agreed if preferred:

 
A non-returnable retainer fee is invoiced on acceptance of the assignment. A shortlist fee, non-returnable, invoiced upon the presentation to the Client of an agreed number of candidates who, in the reasonable opinion of Farn Williams, meet the agreed specification signed off by the client. A completion fee invoiced when the Candidate formally accepts an offer from the Client. Should Farn Williams identify a candidate working for a daughter or associated company of the client company not already under consideration by the client, whom the client agrees to interview, a full fee is payable as per condition 2. *All fees are expressed as a percentage of the first year’s Total Remuneration Package (TRP) which includes all guaranteed cash payments, minimum bonuses, and allowances or benefits with a stated cash-in lieu option, whether taxable or not. If a cash in-lieu exists for a car, we use this; otherwise a car is valued at €6,000. When a Client engages an additional Candidate submitted within the same shortlist on a Retained Assignment, then the fee is 20 per cent (band 1) or 25 percent (band 2) unless otherwise agreed.

(3.2) INTRODUCTORY FEE: On occasions where we introduce a candidate to a new or existing customer as representatives of that candidate and we are not engaged on a search as per the above terms (3.1) an introductory fee is payable of 30% or 35% as above.

EXPENSES: All pre-agreed costs, travel / interview and off site expenses due to candidates will be reimbursed directly to candidates by the client. If Farn Williams agrees to make such arrangements on their own account on behalf of the client, invoices are re-charged at cost plus an administration fee of Euro 50.00 with VAT or other required local taxes charged at the ruling rate.

Cancellation of instructions after expenses are incurred will only be accepted where we are
able to receive a rebate for these expenses; the administration fee is still payable.

MINIMUM FEES: Minimum Fees apply to local hire searches in Eastern Europe and Emerging Markets and to critical hire but low value Western market searches. These Minimum Fees are Euro 24,000 or as otherwise agreed in advance in writing.

PAYMENT TERMS: 14 days from invoice date. Farn Williams reserve the right to charge interest on all outstanding invoices at 5% above the prevailing UK Bank Base Rate, plus a collection charge or to apply the prevailing EU statutory right to interest on overdue debt. Failure to pay by due date voids all guarantees.

4. GUARANTEES: Financial Guarantees apply should the relevant employment terminate between the first day and up to the end of the tenth week from the Candidate’s employment start date. This guarantee applies if the candidate leaves voluntarily and also to justified dismissal “for cause” provided that the Client notifies Farn Williams in writing within seven days of the termination of employment, giving details of the reasons for termination and has paid Farn Williams’ fee within 28 days of invoice date. Farn Williams shall endeavour to seek a replacement at no extra cost to the Client except for any prior agreed costs and expenses. If Farn Williams is unable to find a replacement, a rebate will be allowed of 10% against the fee for each complete week not actually worked. It is understood that Farn Williams cannot, and does not, guarantee the future results or accomplishments of candidates.

NOTE: We realise a hiring decision can be difficult, despite interviews by Managers in your company who know the culture and the job well, mistakes can be made. We have a six month replace for free policy where we will provide additional candidates at no extra fees, where the candidates leave of their own volition or they are fired for non-performance. We don’t offer an unlimited replace for free but we accept that we share responsibility for the hire, even if we are not making the final decision we will work with you in resolving any problems that arise in the same manner as we would like to be treated. As a referral based business we depend on your recommendations and if your expectations are fair, we will always aim to satisfy these.

5. When an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after a written acceptance by the Candidate and through no fault of the Candidate, the Client shall pay the full fee in accordance with condition 2. above.

6. Farn Williams endeavours to ensure the suitability of any Candidate introduced to the Client but the Client is responsible for taking up references concerning a Candidate’s skills, qualifications and integrity, obtaining work permits and satisfying any medical or legal requirements and must otherwise satisfy itself as to the suitability of a Candidate before offering to engage them. Farn Williams shall not be liable under any circumstances for any loss, damage, delay or expense suffered or incurred by the Client arising from or in any way connected to Farn Williams seeking a Candidate for the Client or the introduction by Farn Williams of any Candidate or the engagement of any Candidate.

7. Where a retained assignment is cancelled by the Client, or if in the reasonable opinion of Farn Williams the Client materially alters its requirements before the shortlist is agreed, a cancellation fee of 50% of the shortlist fee is payable. If cancellation occurs after shortlist and before completion then 50% of the working completion fee as per the example financial overlay in the search agreement is payable.

These Terms and Conditions shall be governed and construed in accordance with English Law, and the parties submit to the rulings of the English Courts.