In these Terms of Business, the following definitions apply:
‘Contract’ means the specific executive search agreement between Keaga International Ltd and the Client
‘Candidate’ means the person introduced to the Client for an Engagement
‘Client’ means the person; firm or corporate body together with any subsidiary or associated Company to which the candidate is introduced
‘Engagement’ (letter of Intent) means a written offer has been made between the Candidate and the Client
The Contract
These Terms and Conditions are in addition to the Contract between Keaga International Ltd and the Client, and deemed to be accepted, upon signature and agreement of the search contract, by the Client. These terms contain the entire agreement between the parties and unless otherwise agreed in writing, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the client.
No variation or alteration to these terms shall be valid unless the details of such variation are agreed between Keaga International Ltd and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
Notification
The Client agrees: To notify Keaga International Ltd immediately that its offer of an Engagement to the Candidate has been accepted and to provide remuneration details to include base salary of the contract; to enable Keaga International Ltd to submit their final invoice.
Fees
The Fee to Keaga International Ltd becomes payable by the Client in GBP on the day the client enters into a binding contract with Keaga International Ltd. The Client agrees to notify Keaga International Ltd forthwith upon the Engagement by the Client, of a Candidate, introduced by Keaga International Ltd. If so, requested by Keaga International Ltd, the Client will provide copies of all terms of such Engagement. All fees are expressed and calculated as a percentage of the candidate’s final base salary. VAT will be charged on the fee if applicable. Keaga International Ltd reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 2% per month from the due date until the date payment is received.
All invoices include VAT and are to be paid in 30days from the date submitted.
If the Client withdraws the candidate offer of Engagement, after the contract has been signed by the candidate, for example as a result of budget restrictions or restructuring a full fee is still applicable and payable.
Introductions
All introductions of Candidates to a Client are strictly confidential and are presented to the Client specifically for the role outlined in the Assignment Contract. Candidates that are not successful but submitted to the Client remain the property of Keaga International Ltd for a period of 6months. If any Candidates prove to be suitable for an alternative role and subsequently recruited within the Client’s organisation, this is subject to separate negotiation.
Suitability
Keaga International Ltd ensures the suitability of a Candidate introduced to the Client. However, whilst making every possible effort to ensure suitability of Candidates selected on behalf of the Client, Keaga International Ltd has no control over the truth and accuracy of CVs and does not undertake expert screening as standard. This service can be offered at an additional fee. Keaga International Ltd will furnish the Client with details of the candidates referees and the Client is responsible for taking up references as to the suitability of the Candidate’s skills, qualifications and general integrity. The Client is responsible for establishing Work Permits and satisfying any medical requirements or qualifications as required by law. Keaga International Ltd cannot accept any liability arising directly or indirectly from any act or omission of Candidates introduced by Keaga International Ltd, even if such act is negligent or fraudulent or reveals dishonesty, including for any kind of loss or damage to property or any other loss including, without prejudice to the generality of the foregoing, loss of profits or for any injury to persons.
Diversity Statement
Keaga International Ltd is committed to diversity and equality and actively promotes this and adheres to such a policy at all times. Keaga International Ltd reviews on an on-going basis all aspects of recruitment to avoid unlawful or undesirable discrimination.
Keaga International Ltd treat everyone with equality, irrespective of sex, sexual orientation, gender reassignment, marital or civil partnership status, age, disability, race, nationality, ethnic or national origin, religion or belief, political beliefs, pregnancy/maternity and act in accordance with the policy. As a boutique agency, Keaga International Ltd does not have an in-house training program, but all that are associated with Keaga International Ltd comply with the Keaga International Ltd Diversity Policy. Keaga International Ltd shall avoid stipulating any unnecessary requirements which would exclude a higher proportion of a particular gender, sexual orientation, age, religion or racial group or which would exclude disabled job applicants. Keaga International Ltd ensures candidates are assessed in accordance with the candidate’s merits, qualifications and ability to perform the relevant duties for the role. Keaga International Ltd will work in partnership with their clients and adhere to their diversity targets.
Policy
Keaga International Ltd has a commitment to equality, diversity and fulfils their ethical obligation to provide a quality service for both clients and candidates. Keaga International Ltd understands the importance of diversity in the work they do for their clients through relevant and on-going awareness building. Keaga International Ltd ensures that in the search, recruitment and selection process our Directors and Associates are fully aware of the applicable laws, legislations and regulations related to employment equality.
Keaga International Ltd proactively requests that our clients and partners share their approach to equality, diversity and inclusion and Keaga International Ltd in turn act in accordance with this.
Keaga International Ltd ensure no Candidate will receive any less favourable treatment because of their race, sex, religion/ belief, disability, marital / civil partnership status, age, sexual orientation, gender identity, gender expression, gender re-assignment, pregnancy/maternity, nationality or caring responsibilities – and any other equal opportunities requirement which becomes law or is adopted by our clients and partners and that this is best practice.
Keaga International Ltd scrutinises the recruitment process to ensure that it does not discriminate or discourage applications from any section of the community, unless the brief justifiably limits its scope.
Keaga International Ltd proactively provides information and work with the client to ensure that the long list incorporates a diverse and representative pool of candidates and that the longlists and shortlists being generated are reflective of this diverse pool; so that fair and equal employment decisions are being made through the recruitment process.
Diversity Compliance
Keaga International Ltd is committed to eliminating discrimination and encouraging diversity in their recruitment process. Our aim is that all candidates will be truly representative of all sections of society and each person feels respected and treated equally throughout the process. To that end the purpose of this policy is to provide equality and fairness for all our candidates and not to discriminate on grounds of gender, gender reassignment, marital status (including civil partnerships), race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, religion or age. We oppose all forms of unlawful and unfair discrimination.
All candidates will be treated fairly and with respect. The Keaga International Ltd selection process will be on the basis of aptitude and ability. Keaga International Ltd commits to creating equality in the workplace and with candidates and clients, as this is good management practice and makes sound business sense.
Law
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England
Data protection
Use of personal information supplied by users is governed by our privacy policy.
Termination
Keaga International Ltd shall at all times be entitled to terminate the agreement by giving 30 days written notice. The client shall be entitled to terminate the contract by giving 30 days written notice.
Payment Upon Termination
In the event of termination of the agreement, Keaga International Ltd will be entitled to payment of fees due for candidates that are still in the process, if they are finally recruited by the Client. In addition, candidates submitted during the contract period, remain the property of Keaga International Ltd for 12months from the candidate submission date. If any of these candidates are recruited for a position after the termination of this contract, Keaga International Ltd must be notified immediately and they will be subject to the recruitment fee, which has already been agreed by Keaga International Ltd and the client.