The Gap Recruitment

Recruitment Terms & Conditions

1. Assignments accepted by The Gap Enterprises MCK Ltd hereinafter "the Company", or The Gap Recruitment a division of the Company, shall be governed by the present General Terms and Conditions. Unless the Company expressly accepts the Client's specific terms of business in writing, the present General Terms and Conditions supersede all other Terms and Conditions in the event of any conflict.
2. The arrangement of an interview, or the interview of any Candidate introduced by the Company whether effected by the Company directly or by the Client shall be deemed to be acceptance of, and agreement to, the Company’s General Terms and Conditions by the Client. The provision of a CV or any information sufficient to identify the Candidate following a request by a Client shall also be deemed to be acceptance of these General Terms and Conditions. Any provision of a Candidate’s details is done on a strictly confidential basis and is conditional upon the Client agreeing not to disclose any information about a Candidate to any other person or organisation without the Company’s prior written consent.
3. The Client shall pay the Company's fees according to the following payment terms or as otherwise stated in the agreement:
   1. Recruitment Fees are 25% of the gross annual remuneration of the selected Candidate(s) including any element of guaranteed or probable bonus;
   2. a Retainer Fee to be paid at the start of the assignment is payable immediately upon commencement of the assignment and is non-refundable;
   3. a Shortlist Fee is non-refundable and payable upon presentation to the Client of a minimum of  3 Candidates who in the reasonable opinion of the
   4. Change of contract from temporary to permanent employment -  If the client wishes to offer the temporary contractor a permanent position, then an additional fee will be applied.  The recruitment fee for a permanent role will be 25% of the annual salary. 

Company meet the agreed specifications;

1. a Completion/Recruitment Fee, which incorporates the Total Fee, minus the Retainer or Shortlist fees if applicable, shall be due upon the signing of the employment contract (or of any other agreement covering collaboration between the Client and the Candidate) or on the date the Candidate enters the employment of the Client, whichever is earlier;
2. all fees are calculated, unless otherwise agreed between the Company and the Client, according to the rate in effect at the Company, detailed below, plus VAT or equivalent taxes;
3. when a company car is provided, a flat-rate amount of 50,000 SEK will be added to the total annual remuneration;
4. if a Retained assignment is cancelled by the Client then in addition to the Retainer Fee and Shortlist Fee (if submitted), the Client shall pay a cancellation fee of 10% of the stated remuneration, plus all the agreed advertising costs and travel expenses.
5. When booking a Temporary Worker for an Assignment, the Company shall advise the Client of the hourly/daily/monthly charge to be made to the Client (the Charge). The Client agrees to pay the charge, which shall be confirmed to the Client in a specific Engagement Letter with Terms and Conditions which clarifies the engagement relationship immediately prior to or upon the commencement of the Assignment. If during a temporary assignment or following completion of the contract the Client wishes to engage or employ the Candidate on a permanent basis, the Client shall pay The Gap Recruitment  an amount equivalent to a Recruitment Fee (as above).  Clause 14 is not applicable in this situation.
6. If the Candidate introduced by the Company is not hired by the Client or if the Candidate rejects the employment (or collaboration) offered by the Client, and if the Candidate is subsequently employed by (or collaborates with) the Client within a period of 18 months following the date of the first introduction, then the Client shall pay fees to the Company as stipulated in Clause 3 above.
7. If the Client introduces a Candidate selected for it by the Company to another person or Company, and if the Candidate is then hired by (or collaborates with) said person or said Company within a period of 18 months following the date of the first introduction of the Candidate to the Client, then the Client shall pay fees to the Company as stipulated in Clause 3 above. 
8. Any Candidate identified by the Client shall be introduced to the Company and shall fall within the scope of the recruitment assignment, and shall be the object of an invoice as stipulated in Clause 3 above if the Candidate is hired. This provision does not apply to Candidates coming from an internal mobility process conducted by the Client.
9. If, for a given assignment, the Client decides to recruit (or to collaborate with) more than one of the Candidates introduced by the Company instead of solely with the Candidate contractually agreed upon, the Client shall pay the Company fees as stipulated in Clause 3 above for each of the Candidates hired.
10. In accordance with said terms and conditions, the Client shall inform The Company of the hiring of any Candidate(s) within a period of 15 days and specifically, shall inform the Company of the terms and conditions of the employment contract agreed to by the Candidate(s) hired.
11. Assignments shall be undertaken for a maximum duration of 12 months. If, at the end of this period, none of the Candidates presented by the Company have been hired by the Client, and if all amounts due have been paid by the Client, the assignment shall be considered as cancelled without any compensation to be made by the Company.
12. The Company places at the Client's disposal an advertising service for which any expenses incurred shall be paid by the Client. Cancellation of an advertisement will occur if and only if the Company receives written notice from the Client before the closing date communicated by the Company. 
13. Expenses for press and internet advertisements invoiced to the Client are not refundable after publication of said advertisements.
14. The Candidate’s transportation and other expenses incurred while going to an interview with the Client are to be paid by the Client.
15. Moreover, if the Client or the Candidate cancels the contract within 6 months of the Candidate having started employment, the Company will use its best efforts to find a free replacement (except for additional advertising expenses mutually agreed upon beforehand by the Company and the Client), under the express conditions that:
    1. all amounts due by the Client have been paid in accordance with the present general terms and conditions;
    2. the Client will have notified the Company in writing within seven days of termination that employment has been terminated;
    3. the Client or one of its subsidiaries or another Company of the group does not hire the Candidate within a period of 12 months following the end of the contract;
    4. the termination of the contract does not arise from either an economic layoff, redundancy, or from a modification of the position (or of the functions) exercised by the Candidate or from a restructuring by the Client;
    5. the free replacement shall only be applicable for an identical role, salary and job title.
16. The Client, as the Candidate’s legal employer, shall be responsible for fulfilling all required legal formalities as the Company is not legally authorised to do so. Specifically, the Client shall verify that the Candidate holds a valid work permit or any medical examinations as required.
17. The Company shall use its best efforts to ensure the aptitude of the Candidates introduced to the Client and to maintain a high quality of service and integrity, but it does not guarantee, neither expressly nor implicitly, the aptitude of the Candidates introduced to the Client.
18. The Company is not liable to the Client for any damage, loss, expenses, disputes or spending suffered or incurred by the Client in connection with the recruiting or hiring of Candidates by the Client. The Client shall indemnify the Company against any third-party claim in connection with the recruitment.
19. Fees as set out in Clause 3 will also be payable if, within 12 months of acceptance of the Company’s General Terms and Conditions the Client, engages, in any capacity, any person who at the time of such engagement was employed by the Company and had direct or indirect contact with the Client.
20. All fees due under the present terms and conditions shall be payable by the Client within 30 days of the invoice date. On expiry of the payment term referred to in the preceding paragraph, the Client shall be in default without notice of default being required to have been served on it, and shall from such moment onwards be obliged to pay interest to the Company in the amount of 1.5% per month on such amount as remains outstanding. Any judicial and extrajudicial costs incurred by the Company in respect of recovery and collection of any overdue amounts payable by the Client shall be for the Client’s account. In the event of non-payment of an overdue invoice, the totality of all invoices due relative to this contract and relative to any and all other contracts signed between the parties shall be immediately due for payment.
21. These General Terms and Conditions and the assignment to which they apply shall be governed by English law. The English Courts have exclusive jurisdiction to adjudicate any disputes arising from or relating to the assignment to which these General Terms and Conditions apply and any disputes in connection with these General Terms and Conditions.