TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR FIXED TERM CONTRACT STAFF (TO BE DIRECTLY ENGAGED BY THE CLIENT)
“Agency” D.R.A.W Recruitment Limited registered company no 10153410 of Third Floor, 207 Regent Street, London, W1B 3HH (“the Agency”).
“Cancellation Fee” means the fee payable by the Client to the Agency when the Client withdraws an offer of Engagement made to the Candidate before the Candidate has accepted the offer and which is calculated in accordance with clause 3.10;
“Candidate” means the person Introduced by the Agency to the Client for an Engagement including any officer, employee or other representative of the Candidate if the Candidate is a corporate body, and members of the Agency’s own staff;
“Client” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is introduced;
“Engagement” means the engagement, employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Candidate is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“Introduction” means (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to the Agency to search for a Candidate; and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly;
“Introduction Fee” means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement;
“Remuneration” includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client or any third party. Where the Client provides a company car, a notional amount of £2,500 will be added to the salary in order to calculate the Agency’s fee;
“Replacement Candidate” means any Candidate Introduced by the Agency to the Client to fill the Engagement following the Introduction of another Candidate whose Engagement either did not commence or was terminated during the first 12 weeks of the Engagement;
Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.
The headings contained in these Terms are for convenience only and do not affect their interpretation.
The Client agrees to:
If, after an offer has been made and accepted, the Engagement (a) does not commence because the Candidate withdraws their acceptance; or (b) once it has commenced, is terminated by either the Candidate or the Client (except in circumstances where the Candidate is made redundant) before the expiry of 12 weeks from the date of commencement of the Engagement; then subject to the terms of clause 4.2 the Agency will refund the Introduction Fee in accordance with the accompanying Scale of Refunds set out in the Schedule attached to these Terms.
In order to qualify for the refund set out in clause 4.1, then the Client must
Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within 6 months of the Agency’s Introduction of the Candidate to the Client, then the Client will be liable to the Agency for payment of an Introduction Fee in accordance with clause 3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.
7. CONFIDENTIALITY AND DATA PROTECTION
All information relating to a Candidate is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition information relating to the Agency’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency 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.
All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
11. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales
SCHEDULE: FEE STRUCTURE (Clause 3.3)
As agreed with DRAW Recruitment calculated as a % of annual salary
SCHEDULE: SCALE OF CANCELLATION FEE (Clause 4.1)
|Week in which the Engagement terminates in accordance with clause 4.2||Percentage introduction fee refunded|
I have been using the services of Art//Work Recruitment for the past 3 years. In this time Nina Langford has assisted us in effectively placing excellent staff within our galleries. Nina has always presented me with quality candidates, been very professional and most importantly been discreet and sensitive to our requirements. I would highly recommend Art//Work Recruitment to any company looking for quality staff."Robert Holzberger, Director of Operations, Victoria Miro Gallery
We have used a number of recruitment consultants specialised in the art world before but have only ever been totally satisfied with the services of Drummond Read. Julia’s understanding of our needs was obvious from the start and her care and attention during the process of recruitment was very reassuring."Stuart Lochead, Managing Director, Daniel Katz Ltd
We had been looking for a General Valuer for some time and had been unsuccessful in finding the right candidate through traditional advertising. Drummond Read understood the brief and Julia tackled this tricky search with determination. Drummond Read presented us with some excellent candidates, which resulted in a key appointment for our business earlier this year. Julia has also helped us find a Toys and Collectables Specialist and a Pictures Cataloguer"Jeremy Pattison, Managing Director Auctioneer and Furniture Specialist, Tennants Auctioneers
Even though we just started working with D.R.A.W. we could not be more pleased with the level of professionalism and discretion of their service. Lisa Bosse is especially well connected and has a great eye for committed and professional people, which are hard to find these days. We are very grateful for her good work and especially for our new supporting team members."Esther Schipper, Esther Schipper Gallery
I contacted D.R.A.W because I needed very specialist advice on an important clock collection which involved clocks by the premier names of English clock making. At the time I was on holiday but by the time I returned, D.R.A.W had organised a specialist with many years’ experience who catalogued the collection to a tight deadline, with condition reports and invaluable advice on cases, movements and makers. The whole process was made easy by D.R.A.W. and was excellent value for money and I would not hesitate to recommend them."Jeremy Lamond, Director, Halls Fine Art Auctioneers
With her art world background Nina quickly understands our specific requirements when undertaking a recruitment project and provides valuable input into defining the candidate profile. From working together she has gained a good feel for the culture of the organisation and consequently the quality of the CVs we receive is a close match to our needs which leads to an efficient and streamlined process. She is thorough in her approach, always available and keeps in touch after successful candidates have been appointed. I have no hesitation to recommend her to other organisations."Tim Jones, Director of Finance and Administration, Hauser & Wirth