1. Recruitment Services provided by NAMTEC Technical Recruitment

1.1. For each recruitment assignment NAMTEC Technical Recruitment shall provide a shortlist of candidates matched to the Client's specification.

1.2. NAMTEC Technical Recruitment shall work to the following process for each assignment:

1.2.1. take instruction from the Client on the employment opportunity and candidate specification

1.2.2. advertise the Client's vacancy on the aemfutures.com and NAMTEC.co.uk websites

1.2.3. advertise the Client's vacancy on other websites and in other media if required by the Client

1.2.4. carry out in-depth telephone interviews with potentially suitable candidates

1.2.5. match the candidates' skills and experience to the Client's specification

1.2.6. issue a shortlist of candidates to the Client

1.2.7. arrange and facilitate the interviewing of candidates by the Client

1.2.8. provide the Client with feedback from the candidates interviewed

1.2.9. negotiate the offer of employment with the preferred candidate if required to by the Client.

1.3. NAMTEC Technical Recruitment shall provide prompt feedback to the Client during the recruitment process.

2. The Client's Responsibilities

2.1. The Client shall provide a precise job description of the vacancy, a description of the company and its culture and any further information pertinent to the vacancy and the Client.

2.2. The Client shall notify NAMTEC Technical Recruitment which of the candidates from the shortlist provided by NAMTEC Technical Recruitment it wishes to interview.

2.3. The Client shall respond promptly to requests for information and feedback from NAMTEC Technical Recruitment.

2.4. The Client shall take up educational, employment and personal candidate references if required.

2.5. The Client shall notify NAMTEC Technical Recruitment immediately of any offer of an engagement which it makes directly to a candidate.

2.6. The Client shall notify NAMTEC Technical Recruitment immediately of any offer of engagement to a candidate that has been accepted.

2.7. The Client agrees to pay the fees outlined in clause 4.1 within 14 days of invoice as per clause 5.

3. Timetable

3.1. The Client and NAMTEC Technical Recruitment shall agree in writing the timetable for each assignment and each timetable shall form part of this Agreement.

3.2. Both Parties shall adhere to the timetable unless a variation is agreed in writing by both Parties.

4. Fees

4.1. The fee for each single vacancy shall be 15% of the successful candidate's first year salary where salary means the basic salary plus any expected overtime, bonus and benefits in kind at market value.

4.2. An additional fee shall be payable for advertising on websites and in alternative media, other than aemfutures.com and NAMTEC.co.uk.

4.3. A multiple vacancy assignment shall be a series of single vacancy assignments and the fees shall be as per clause 4.1 for each successfully filled vacancy.

4.4. VAT shall be applied to the fee at the rate applicable at the date of invoice.

4.5. The fee shall become chargeable upon the acceptance of a written offer of employment by a candidate.

4.6. The fees for a multiple vacancy assignment shall be invoiced and payable as a series of single assignment fees.

5. Invoicing

5.1. NAMTEC Technical Recruitment shall invoice the Client within 30 days of the Client making a written offer of employment to a candidate.

6. Payment terms

6.1. The Client shall pay the invoice within 14 days of the date of invoice.

7. Exclusivity

7.1. The Client shall not use any other agency, consultancy or third party to recruit candidates presented by NAMTEC Technical Recruitment.

7.2. In the event that the Client recruits a candidate presented by NAMTEC Technical Recruitment via another agency, consultancy or 3rd party in breach clause 7.1 the offer of employment shall be treated as if it were an introduction through NAMTEC Technical Recruitment and the fee as per clause 4.1 shall be payable on appointment of the successful candidate.

7.3. The introduction of candidates is confidential. The disclosure by the Client to a third party of any details regarding a candidate introduced through NAMTEC Technical Recruitment which results in an engagement with that third party within 6 months of the introduction renders the Client accountable to payment of NAMTEC Technical Recruitment the fee as set out in clause 4.1.

8. Replacement Candidates and Refunds

8.1. In the event that an appointed candidate resigns or proves to be unsuitable within 6 weeks of commencement of employment NAMTEC Technical Recruitment shall provide a shortlist of alternative candidates free of charge.

8.2. In the event that the Client does not wish to take an alternative candidate as per clause 8.1 the following scale of refunds shall apply to the fees paid:

Termination of candidate's employment within 2 weeks of commencement – 80% refund

Termination of candidate's employment within 4 weeks of commencement – 40% refund

Termination of candidate's employment within 6 weeks of commencement – 10% refund

9. Notice period and Termination

9.1. This Agreement shall continue unless terminated as follows:

9.1.1. Either party (the "Notifying Party") may terminate this agreement at any time by giving written notice to the Other Party to terminate this agreement immediately if the Other Party commits a breach of this Agreement and fails to rectify it within 30 days of being requested to do so by the Notifying Party in writing, or if the Other Party appoints an administrative receiver, liquidator or trustee in bankruptcy or enters in to a creditors voluntary arrangement or passes a resolution to do any of the aforesaid.

9.1.2. Either Party may terminate this Agreement by giving 60 days written notice.

9.2. Termination shall not affect any accrued rights, including rights to fees or any remedies or any provision hereof which is expressly or by implication is intended to survive termination, including Intellectual Property Rights.

10. Intellectual Property Rights

10.1. All other background intellectual property shall belong to the originator.

10.2. All foreground intellectual shall belong to the originator

11. General

11.1. Both Parties hereby agree to comply with the Freedom of Information Act 2000, the Data Protection Act 2003 and the Equality Act 2010.

11.2. This Agreement may not be modified or varied except in writing signed by the duly authorised representatives of Both Parties.

11.3. This Agreement supersedes all prior agreements and understandings between Both Parties relating to its subject matter.

11.4. No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

11.5. If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision.

11.6. This Agreement is non-transferable.

11.7. This Agreement shall be governed by the laws of England and Wales and any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.

11.8. Any act or omission of any subsidiary, employee, contractor, representative or agent of either Party involved in the performance of this Agreement shall be considered in relation to this Agreement as an act or omission of that Party.

11.9. Nothing in this Agreement shall constitute, or be deemed to constitute a partnership between the Parties, nor except as expressly provided, shall it constitute, or be deemed to constitute an agency of any other Party for any purpose.

11.10. Subject to any express provisions to the contrary in this Agreement, each Party shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on behalf of the other Party or bind the other Party in any way.

11.11. All notices under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice and notices shall be deemed to have been duly given:

11.11.1. when delivered if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

11.11.2. on the fifth business day following mailing if mailed by national ordinary mail; or

11.11.3. on the tenth business day following mailing if mailed by airmail.

11.11.4. in each case in clause 12.15 addressed to the registered address

11.12. Either Party to this Agreement shall not be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Affected Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Affected Party.

11.12.1. If after three (3) months from the date of notification of the force majeure event the Affected Party is still unable to perform their obligations under this Agreement then the other Party is entitled to terminate this Agreement by 1 (one) month's written notice.

11.12.2. For the avoidance of doubt, nothing in this clause shall operate to alter any payment obligations in this Agreement.