Terms of Business
Terms & Conditions Permanent Staff
John Mansell Recruitment Ltd (hereafter “JM Recruitment”) is a specialist professional services recruitment group in Ireland.
Salary Package | Placement Fee | Guarantee Period |
Up to €29,999 | 20% | 3 Months |
€30,000 – €39,999 | 22% | 3 Months |
€40,000 – €49,999 | 25% | 3 Months |
€50,000 – Plus | 30% | 6 Months |
Search Assignments | 30% | 6 Months |
Overseas Placements | 30% |
Part Time Positions: Our selection process is equally as in-depth and thorough for Part Time positions.
Consequently, the above fee schedule will apply to Part Time roles where the salary level will be equated to that of a full time role and will be calculated on a pro-rata basis.
All fees are payable within 14 days, of the successful Candidate’s acceptance of the offer and signing that Letter of Offer which will include complete details of the salary package and start date. Fees are calculated as a percentage of the Candidate’s gross annual salary package to include all salary, allowances, guaranteed bonuses and commissions. Should a motor vehicle be
provided as part of the salary package, JM Recruitment will value this at €10,000 p.a.
Fixed Contracts will be calculated at 25% of annual salary package and this will be calculated on a pro-rata basis as per the number of months of employment offered. It should be noted that an additional fee will be
incurred for each and every time a contract is renewed or extended and that a permanent fee will be charged as per the schedule above should the Candidate be offered a permanent position.
The JM Recruitment guarantee remains valid only if invoices are settled within 14 days and providing that termination is not as a result of retrenchment, retirement, pregnancy, disability or death as per conditions below.
Should a candidate leave their employer within the three month period for reasons outside of the above, we will endeavour to replace the position on a credit basis only if the payment terms above have been observed.
Temporary to Permanent Conditions
Should a client decide to make a JM Recruitment Contractor, a Permanent staff member, the placement fees below are applicable. Should a client directly employ as temporary staff any current or former member of JM Recruitments temporary staff within twelve months of JM Recruitment booking being completed, a fee of €250.00 per day shall be charged
for each day employed. Should a client employ as permanent staff any current or former member of JM Recruitments temporary staff within twelve (12) months of JM Recruitments booking being completed the appropriate permanent placement fee is payable.
Time served | Discount to permanent fee |
0-3 Months | 0% |
3-6 months | 10% |
6-9 months | 20% |
9 months + | 35% |
Prices exclusive of VAT: Unless otherwise stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are exclusive of VAT.
Terms & Conditions Temporary & Contracts
Introduction
This section sets out the general terms and conditions which apply if you ask us to provide a worker(s) to you on temporary assignment. The agreement between us in each matter in which you ask us to provide a worker(s) to you on temporary assignment consists of these general terms and conditions and the letter of engagement we send you on each occasion a worker(s) is to be provided to you.
Provision of Services
We will use our reasonable endeavours to ensure that the worker(s) temporarily assigned to you perform work to the best of the skill and ability of the worker(s) for your benefit in a timely manner. We will use our reasonable endeavours to ensure that any worker(s) temporarily assigned to you has a reasonable standard of skill and experience to perform the work you require of them.
Timesheet and Payment of Fee
We will ensure that the worker(s) maintain a timesheet on a weekly basis recording the number of hours worked. The timesheet will be countersigned by your contact person or other authorised representative at the end of each week. We will render invoices on a weekly basis for the work performed by the worker(s). You will pay the invoices issued within 14 days of the date of the invoice. Overdue accounts will be subject to interest of 2.5% of the amount of the invoice per month or part of the month.
Value-Added Tax (VAT)
If VAT is imposed on any supply made by us under or in accordance with this agreement, then provided we are registered for VAT and provide evidence of that registration to you, the amount that you must pay for that supply is the agreed fee plus that VAT.
Terms & Conditions Temporary & Contracts
Insurance & Health and Safety
- The Client shall advise JM Recruitment Ltd of any special health and safety matter about which John Mansell Recruitment Ltd is require to inform the Temporary Employee and about any requirement imposed by law or by any professional body, which must be satisfied if the Temporary Employee is to fill the Assignment.
- The Client will also comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the Working Tie regulations 1998 (as amended), Health and Safety at Work etc Act 1974, the Management of Health and Safety at Work Regulations 1999, by- laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in Clause 9 (Payment of Temporary Workers) below), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Employee during all Assignments.
Termination
- The agreement between us terminates automatically without either party needing to give notice to the other on the Finish Date. Either party may terminate the agreement at any time by providing the other party not less than 1 days notice. We may terminate the agreement immediately without prior notice if you fail or refuse to make any payment to us within 14 days of such payment falling due.
Confidentiality
- If you request us to do so, we will obtain from each worker and provide to you a deed in a form which has been prepared by us, by which the worker makes an assignment, accepts obligations and makes acknowledgment as to your intellectual property, agrees to deliver up to you your documents and agrees to protect your confidential information.
Workers The worker(s) temporarily assigned to you will be either our employees or independent contractors.
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Terms & Conditions Temporary & Contracts
Liability
- Whilst reasonable efforts are made by John Mansell Recruitment Ltd to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from the Agency Worker and to provide the same in accordance with the Assignment details as provided by the Hirer, no liability is accepted by John Mansell Recruitment Ltd for any loss, expense, damage or delay arising from any failure to provide any Agency Worker for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Agency Worker or if the Agency Worker terminates the Assignment for any reason. For the avoidance of doubt, John Mansell Recruitment Ltd does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
- Agency Workers supplied by John Mansell Recruitment Ltd
pursuant to these Terms are engaged under contracts for services. They are not the employees of John Mansell Recruitment Ltd but are deemed to be under the
supervision and direction of the Hirer from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Agency Worker, whether wilful, negligent or otherwise as though the Agency Worker JM Recruitment on the payroll of the Hirer.
- The Client undertakes not to request the supply of an Agency Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the Client to perform the duties of a person on strike or taking official industrial action.
- The Client shall indemnify and keep indemnified JM Recruitment Ltd against any Losses incurred by the Employment Business arising out of any Assignment or arising out of any non- compliance
with, and/or as a result of any breach of, these Terms by the Client.
- The Client shall inform John Mansell Recruitment Ltd in writing of any AWR Claim which comes to the notice of the Client as soon possible but no later than 7 calendar days from the day on which any such AWR Claim comes to the notice of the Hirer.
- If the Agency Worker brings, or threatens to bring, any AWR Claim, the Client undertakes to take such action and give such information and assistance
as JM Recruitment Ltd may request, and within any timeframe requested by JM Recruitment Ltd and at the Client’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such AWR
Claim and to appeal against any judgment given in respect thereof.
Terms & Conditions Of Business
- Definitions
- Rules of Interpretation
- Terms and Conditions
- Severability
- Variation
- Waiver
- Governing Law and
Jurisdiction
- Force Majeure
Terms & Conditions Of Business
Terms and Conditions of Business for Permanent Placements These terms and conditions of business apply where John Mansell Recruitment Ltd introduces an Applicant to the Client for a Permanent Placement with the Client. The
following words have these meanings in these terms and conditions unless to the contrary intention appears.
1. Definitions
- “Accepts” means the earlier of either a letter of engagement, or commencement of employment with the
- “Applicant” means person or persons introduced by JM Recruitment to the Client for a Permanent Placement with the
- “Client” means the client engaging John Mansell Recruitment Ltd to introduce an Applicant to take on a Permanent Placement with the
- “Default Rate” means x + 5% per annum where x is the interest rate quoted by HSBC as to its published
overdraft rate or, should there ceased to be a published
rate, a rate which the Bank designates as being the appropriate substituted for the published rate
(substitute rate). A certificate signed by a manager or other officer of the Bank stating the published rate or the substitute rate of particular date is conclusive evidence of the rate at that particular date.
- “JM Recruitment” John Mansell Recruitment Ltd
- “VAT” means the value-added tax imposed by the VAT Law including, where relevant, any related interest, penalties, fines or other charges.
- “VAT Law” has the meaning given to that term of The Value Added Tax (Amendment) (No. 5) Regulations 2009 or, if that Act is not valid or does not exist for any reason, means any Act imposing or relating to the imposition or administration of a value-added tax in the Ireland and any regulation made under that Act.
- “VAT Amount” means in relation to a payment, an amount arrived at by multiplying the payment (or the relevant part of a payment if only part of the payment is the consideration for the taxable supply) by the appropriate rate of VAT (being 23% when the VAT Law
commences).
- “Permanent Placement” means when an applicant accepts a full time position with a
- “Recruitment Fees” means the fees payable by the Client to JM Recruitment in accordance with the attached
- “Initial Retainer, Interim Fee and Completion Fee” are those items advertised in the attached Recruitment Fee schedule.
- “Schedule” means the schedule annexed to these Terms and Conditions.
- “Terms and Conditions” means these terms and
Terms & Conditions Of Business
2. Rules of Interpretation
2.1 Interpretation
(1) Reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural includes the singular;
(c) a person includes a body corporate;
(d) a party includes the party’s executors, administrators, successors and permitted assigns;
(e) a statute, regulation or provision of a statute or regulation (“Statutory Provision”) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision; and
(f) money is to Great British Pounds (£), unless otherwise stated.
(2) “Including” and similar expressions are not words of limitation.
(3) Where a word or expression is given a particular
meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
- Headings are for convenience only and do not form part of these Terms and Conditions or affect its
- A provision of these Terms and Conditions must not be construed to the disadvantage of a party merely
because that party John Mansell Recruitment Ltd responsible for the preparation of these Terms and Conditions or the inclusion of the provision in these Terms and Conditions.
- If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business
1. Terms and Conditions
- The interview and/or employment of an Applicant introduced by John Mansell Recruitment Ltd to the Client shall be deemed acceptance of these Terms and Conditions by the
- Recruitment Fees due to John Mansell Recruitment Ltd are due and payable
by the Client immediately Applicant introduced by John Mansell Recruitment Ltd Accepts a Permanent Position with the Client.
Recruitment Fees due to John Mansell Recruitment Ltd are in accordance with the Recruitment Fee Schedule above. All fees are payable within 14 days, of the successful Candidate’s acceptance of the offer and signing that Letter of Offer which will include complete details of the salary package and
start date. Fees are calculated as a percentage of the Candidate’s gross annual salary package to include base salary, guaranteed bonuses and commissions. Should a motor vehicles be provided as part of the salary package, John Mansell Recruitment Ltd will value this at €10,000 p.a.
- Advertising expenses incurred by John Mansell Recruitment Ltd are payable by the Client immediately upon Cancellations
will be accepted providing sufficient time is given to John Mansell Recruitment Ltd to claim a full refund from the advertising provider. All related artwork and production charges are payable by the Client to John Mansell Recruitment Ltd upon invoice. Copyright in all artwork and advertisements remains the property of John Mansell Recruitment Ltd.
Terms & Conditions Of Business
3. Terms and Conditions cont.
- The Recruitment Fee Schedule has been set or determined without regard to the impact of VAT. The whole or any part of the payment of the Recruitment Fees is in and other out of pocket expenses a consideration for a taxable supply, the VAT amount in respect of any such payment must be paid to John Mansell Recruitment Ltd as an additional amount either concurrently with the payment or otherwise agreed in writing.
- If the Client fails to pay an amount on the due date for payment to John Mansell Recruitment Ltd the Client must pay to John Mansell Recruitment Ltd interest at the Default Rate on that amount, calculated and payable daily, computed from the due date until the amount is paid in full
- Unless otherwise agreed in writing out of pocket expenses which are incurred by the Applicant in attending interviews with or on behalf of the Client are payable by the Client.
- Where an Applicant has been submitted by John Mansell Recruitment Ltd to the Client and:
- no initial employment results;
- an Applicant is subsequently employed by the Client within 12 months after the initial introduction by John Mansell Recruitment Ltd of the Applicant to the Client; and
- the Client introduced an Applicant to a third party resulting in the employment of an Applicant to that third party then, in such cases the Client will pay to John Mansell Recruitment Ltd its Recruitment Fees for that Applicant.
- Where John Mansell Recruitment Ltd accepts an assignment on a retained basis and the Client cancels that assignment, the Initial Retainer, advertising and other out of pocket expenses incurred by John Mansell Recruitment Ltd are payable by the Client. Interim Fee (forming part of the Recruitment Fee) and Completion Fees are not payable until such time as a short list Applicants has been presented to the Client and interviewing by the Client has In that event the Interim Fee will become payable.
- Where the Client hires an additional Applicant submitted with a short list of Applicants provided by John Mansell Recruitment Ltd on a retained assignment, full contingency fee at the appropriate rate is payable by the Client to John Mansell Recruitment Ltd for that Applicant.
- No Warranty is given by John Mansell Recruitment Ltd in respect to an Applicant introduced by John Mansell Recruitment Ltd to the No liability is accepted by John Mansell Recruitment Ltd for any failure by the Applicant to
perform or comply with his or her terms of employment or engagement with the Client. John Mansell Recruitment Ltd is not liable for any loss, expense, damage of whatsoever nature or kind suffered or incurred by the Client arising out of or connected with the employment by the Client of an Applicant.
Should the employment of any applicant terminate within a period of either 3 or 6 months (depending on salary), including period of notice, from the date of such employment, John Mansell Recruitment Ltd shall endeavour to seek a replacement at no extra cost, provided that:
- the dismissal is justified or the applicant leaves of his / her own volition and not due to a marked change in initial role specifications after the applicant has begun with the client and not due to any redundancy measures;
Terms & Conditions Of Business
- the invoice has been settled within fourteen (14) days of the invoice date.
- No representation is provided by John Mansell Recruitment Ltd as to the suitability of an Applicant as an employee of the
- John Mansell Recruitment Ltd is not obliged to ask an Applicant to supply personal or other references relating to past employment or otherwise. If references are supplied by an Applicant to John Mansell Recruitment Ltd, John Mansell Recruitment Ltd is not obliged to verify or otherwise establish the validity of such references unless requested so to do by the Client.
- John Mansell Recruitment Ltd is not obliged to verify or otherwise establish the validity of claims by an Applicant as to:
(a) previous employment; (b) qualification and education; (c) medical history; (d) criminal record; (e) ability to work in Ireland
- In the event that any particulars or information provided to V by an Applicant or by a third party on behalf of an Applicant are found to be incorrect or otherwise misleading V accepts no liability for any loss, damage or costs which may be suffered by the Client as a consequence of those particulars or information provided by JM Recruitment to the Client.
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3. Severability If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of the terms and conditions remain in force.
4. Variation An amendment or variation to these Terms and Conditions is not effective unless it is in writing and signed by the parties.
5. Waiver A party’s failure or delay to exercise a power or right does not operate as a Waiver of that power or right.
3. Governing Law and Jurisdiction
- The fee schedule and terms of business are governed by and construed in accordance with the law of England and Wales in which these services are
- The parties submit to the exclusive jurisdiction of Ireland in which these services are provided and the Courts of Ireland agree that any law suit must be heard in those Courts.
4. Force Majeure
The obligations of John Mansell Recruitment Ltd are suspended during the time and to the extent that JM Recruitment is prevented from complying with them by force majeure.
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