e-Merge IT Recruitment Terms & Conditions

In the event of you, the customer, appointing, whether directly or indirectly, and in whatever capacity, a candidate introduced by us, e-Merge IT Recruitment, within twelve months of the introduction, the following terms and conditions shall apply:

1. e-Merge shall be entitled to payment of a recruitment fee equivalent to 17%* (excluding value added tax) of the candidate's gross annual income package, payable by the customer to e-Merge within ten days of the commencement of the candidate's employment.
2. All commission/sales generating portfolios offered to a candidate between your company and e-Merge, the gross annual income package will be deemed to be an additional 10% of the most recent market related annual gross income package earned by the candidate in question.
3. Provided payment is made as aforesaid and the candidate is lawfully and fairly dismissed with ninety days of the commencement of the candidate's employment, or the candidate terminates his/her employment, not being a constructive dismissal, e-Merge shall offer a credit towards the replacement of the candidate to the values stipulated below, dependant on when the candidate's employment was terminated:
   1. In the first month - 75%
   2. In the second month - 50%
   3. In the third month - 25%
4. The above does not apply if the candidate's employment is terminated by reason of the customer's operational requirements.
5. The introduction may be made orally, in writing or electronically.
6. In the event of a candidate being appointed on a contract basis, e-Merge shall be entitled to payment of a recruitment fee equivalent to 17%* (excluding value added tax) of the candidate's gross remuneration package for the duration of the contract, including renewals thereof, limited to a maximum period of twelve months. Payment shall be made within ten days of the commencement of the contract period, and within ten days of any and each renewal thereof, subject to a maximum period of twelve months.
7. e-Merge shall endeavour to obtain and provide accurate details concerning proposed candidates. However, other than the guarantee provided above, e-Merge make no further warranties or representations and the customer agrees that e-Merge will not be held responsible for anything communicated by e-Merge concerning the candidate. Other than specifically provided for above, the customer shall have no claim of whatever nature against e-Merge in connection with the introduction of the candidate.
8. This constitutes the whole agreement and no variation or waiver hereof shall be binding unless reduced to writing and signed by the parties.

The customer chooses as its domicilium citandi et executandi for all purposes hereunder, its address recorded on the face hereof / invoice.

*unless specified differently in tailored terms and conditions, under separate cover *