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ATOM Education
A T e r m O r M o r e
Platinum Membership Terms of Business:
1. Definitions
In these Terms of Business:
a) ‘Appointment’ (and related expressions) means employment on a Contractual or Permanent Basis.
b) ‘Candidate’ means a person introduced by ATOM Education Limited to the Client.
c) The ‘Client’ means the person or organisation to which a Candidate is introduced.
d) Reference to the singular includes the plural and reference to the masculine includes any gender and vice-versa.
e) ‘Regulations’ has the meaning as per the Employment Agencies Act 2004.
f) ‘Remuneration’ means all payments, bonuses, commission, profit sharing, London Weighting allowance, benefits in kind and any other payment arising from the engagement and whether payable to the candidate or to a third party (including, without limitation, a Limited company connected with the Candidate).
The following Terms apply where ATOM Education Limited introduces the ‘Candidate’ for engagement, where the ‘Client’ will be paying the Candidate’s remuneration to them. In these circumstances ATOM Education Limited will be acting as a consultancy within the meaning of the Regulations.
2. Introduction
A Candidate is introduced to the Client when ATOM Education Limited supplies, orally or in writing, any information about the Candidate. A Candidate shall be deemed to have been introduced to the Client unless within 48 hours (excluding weekends and bank holidays) of delivery to the Client of sufficient information to enable it to identify the Candidate or, if later, at the first interview of the Candidate, the Client notifies ATOM Education Limited in good faith that the Candidate is already known to them.
3. How a Client accepts these Terms of Business
A Client will accept these Terms of Business by interviewing, appointing or continuing to appoint a Candidate introduced by ATOM Education Limited, or by passing any information about a Candidate to any third party following an introduction. These Terms shall apply to the exclusion of any conditions of purchase or similar Terms of the Client.
4. How the Introduction Fee is calculated
The Fee payable by the Client to ATOM Education Limited for the introduction of a Candidate who subsequently accepts a permanent appointment is 11% of the appointed Candidate’s annual Remuneration.
ATOM Education Limited provides extra peace of mind and security for our Clients by only charging 50% of the agreed Fee on the start date for each appointed candidate. The remaining balance is then invoiced once the Candidate has successfully completed a 3 Months Probationary Period.
Fees can also be calculated at 5% Per Term, up to a maximum of 3 Terms.
The Fee is payable for any appointment that takes place within six months of the original introduction. An introduction fee is still payable if the Candidate is appointed in a position other than the one originally intended. No charge whatever is made to the Candidate. All fees are subject to VAT. ATOM Education Limited may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
5. Platinum Membership Activation
To activate a Platinum Membership account a signed Platinum Membership Terms of Business is first returned to ATOM Education Limited. An invoice of £5,000.00 + VAT will be raised for Credit Balance Purposes Only. Payment Terms are within 30 Days of a correctly submitted invoice.
Upon settlement of invoice a confirmed Platinum Membership Certificate with Start Date and End Date of the 12 Month Membership Period, will be produced and sent to the Client.
The Client can request that any monies owing + VAT be retuned at any point within or after the Membership Period. ATOM Education Limited shall upon request return any monies owing within 30 days of the request by the Client.
6. When the Client pays the Introduction Fee
The Client must notify ATOM Education Limitied immediately they appoint a Candidate whom ATOM Education Limited has introduced. The Client must also inform ATOM Education Limited of the agreed salary details.
50 % of the Introduction Fee will be deducted from the Credit Balance for the Client and a statement is produced, highlighting any remaining Credit on the start date of each appointed Candidate. The remaining 50% is deducted after a successful 3 Months Probationary Period is Completed by the Candidate, and a further statement will be produced for the Client.
If a Client exceeds their Credit Balance within a 12 Month Membership Period monies over this amount will be raised as a Standard Invoice(s) with payment Terms of Clause 4 and within 30 Days of a correctly submitted invoice.
7. Suitability
ATOM Education Limited will not introduce a Candidate to the Client unless it has taken steps to ensure that the Client and the Candidate are aware of any requirements imposed by law or any professional body, which must be satisfied to enable the Candidate to work in the Position.
Notwithstanding the above, the Client must satisfy itself as to the suitability of the Candidate and the Client shall take up such references provided to the Client by ATOM Education Limited. All appointments are subject to satisfactory references and verification of qualification(s), evidence of correct pay scale, being received by the Client, pertaining to the suitability of the Candidate for the Position they are being appointed for. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement for medical examinations and/or any investigations into the medical history of the Candidate and satisfying any medical or other requirements, qualifications or permission required by law applicable to the Appointment.
It is recommended as a matter of good practice that the Client also applies for a new Enhanced CRB Disclosure or instructs ATOM Education Limited to undertake this procedure, for each individual candidate that is appointed via the Introduction from ATOM Education Limited. If possible this should ideally be prior to the commencement of a new appointment, or as soon as reasonably possible once the Candidate is in place.
8. Rebate entitlement
If the Candidate’s appointment comes to an end for whatever reason within 10 working weeks from the start date, the Client must notify ATOM Education Limited in writing. ATOM Education Limited will refund the introduction fee based on the following % rates: If the appointed Candidate leaves within 2 weeks of their start date – 100 % refund, within 3 weeks 90% refund, this will continue on a 10% per week level, and if an appointed Candidate leaves in week 10 after their start date a 10% refund would be due. If an appointed Candidate leaves after more than 10 weeks from their start date a rebate will not be due.
If within six calendar months of the termination of the appointment the Candidate is re-appointed any outstanding monies payable against the original introduction fee shall be due in accordance with these Terms in respect of that appointment.
9. The availability of ATOM Education Limited Candidates via the Platinum Membership:
ATOM Education Limited does not guarantee that a Candidate is available to accept any appointment, or that by registering for Platinum Membership Status that each and every recruitment requirement will be successfully sourced on every occasion.
10. Introduction of an ATOM Education Limited Candidate to a third party
The introduction of a Candidate by ATOM Education Limited is confidential. The Client must not, directly or indirectly, transfer or introduce an ATOM Education Limited Candidate to any other person, Education Establishment, firm or company where they are subsequently appointed in a Permanent or Contract position within nine months from the date of the introduction by the Candidate to the Client by ATOM Education Limited. If this happens the Client will be liable to pay ATOM Education Limited the full introduction fee of 14% for the appointment as if the Client itself had appointed the Candidate. In these circumstances, the rebate entitlement in clause 8 of these conditions shall not apply.
11. Liability for loss or damage
Under no circumstances is ATOM Education Limited liable for loss, damage or expense suffered or incurred by the Client or any other person, Education Establishment or company from the introduction or subsequent appointment of a Candidate.
12. Data protection
The Client and ATOM Education Limited will use and process personal data for recruitment purposes only and in accordance with UK Data Protection Legislation
13. Copyright
ATOM Education Limited retains copyright in all advertising and other material produced by it that may not be copied or otherwise reproduced by the Client, whether in whole or in part, without the prior written consent of ATOM Education Limited.
14. Alterations
No variation can be made to these Terms of Business without the agreement of ATOM Education Limited and the Client whereupon ATOM Education Limited will give the Client details of the variation in writing including the date upon which it is to take effect.
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