Terms and Conditions

OUR FEES
– Executive Search Assignments 30% of total remuneration.
– Interim Placements 30% of the individual’s day rate
– Non-Executive Director (NED) placement fee 100% of total remuneration.
A minimum of £25,000 will be applicable to all assignments / placements.

BASIS OF FEE CALCULATION
All fees are expressed as a % of the candidate’s first year gross salary package, including target bonus, overseas premium, living allowance, profit share, relocation allowance, and all other financial emoluments that form part of gross taxable pay, including an additional £10,000 for appointments with a company car, or the full amount of the cash alternative. We do not charge on ancillary non-cash benefits such as stock allowance, pension, health cover etc.

All other financial inducements to employment will be individually evaluated and a charge made. For all appointments with tax free salary packages, a fee of 30% will be charged.

INTERVIEW & ADMINISTRATION COSTS
We do not charge them.

CONSULTANCY SERVICES
For specialist consultancy services (including succession planning, internal talent benchmarking and assessment and designated consulting projects) a fee and fee structure will be agreed on a case by case basis. A minimum fee of £25,000 + VAT will be payable.

TERMS, CONDITIONS & DEFINITIONS
1. Definitions
In these Terms of Business the following definitions apply:
The ‘Executive Search Consultancy’ means Bronzegate Ltd.
The ‘Client’ means the person, firm or corporate body to whom the applicant is introduced.
‘The ‘Applicant’ means the person introduced by the Executive Search Consultancy to the client for the ‘Engagement’
‘Engagement’ means the engagement of the applicant with the client whether under a contract of service or for services.
* References to the singular include the plural and vice versa

2. The Contract
These terms are deemed to be accepted by the Client by virtue of:
(i) acknowledgement by the Client of the introduction of the Applicant by The Executive Search Consultancy, or
(ii) invitation to interview an Applicant introduced by The Executive Search Consultancy whether ef-fected by the Executive Search Consultancy or directly by the Client, or
(iii) engagement of the Applicant, or
(iii) where the Executive Search Consultancy is retained by the client for a search assignment, where the terms and conditions shall apply upon the acceptance by the Executive Search Consultancy of the retained assignment.
These Terms and Conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts and are liable to revision without notice.
In the event of conflict between these Terms and Conditions and any other terms and conditions, the former shall prevail unless approval in writing by a Director of the Executive Search Consultancy.
No variation or alteration to these Terms and Conditions shall be valid unless approved in writing by a Director of the Executive Search Consultancy.

3. Notification and Fees
3A. Expenses
The Client is responsible for all out of pocket expenses incurred by the Applicant in attending inter-views with the client and by the Executive Search Consultancy in executing the Assignment.

3B. Retainer
For a Retained assignment, the initial fee is payable on agreement of the assignment and is not re-turnable under any circumstances.

3C. Shortlist
Where a Shortlist fee has been agreed, the fee is payable when the Client or authorised representa-tive of the Client receives by electronic mail or any other means, a shortlist of Applicants for the agreed assignment.

3D. Completion
The Completion fee, adjusted to reflect the Applicant’s final agreed remuneration package, is paya-ble on the day the Client and the Applicant enter into an agreement or 30 days after the com-mencement of the assignment, whichever is sooner.

The Client shall notify the Executive Search Consultancy immediately after its offer of engagement to the Applicant has been verbally accepted and shall provide details of the full remuneration package to the Executive Search Consultancy. If this information is not forthcoming the Consultancy will made reasonable estimates based on market conditions and information supplied by the Applicant.

3E. Cancellation
Should the Client cancel the search for any reason, a cancellation fee will be applicable as follows:
(i) Where the role has not yet reached the shortlist stage, a fee will be applied which is 10% of the esti-mated first year’s remuneration package as above.
(ii) Where a shortlist has been submitted to the Client or an authorised Representative of the Client, then a cancellation fee will be applicable which is equivalent to the completion fee should the as-signment have been completed as per 3D.

3F. For all other introductions, a total fee at the rate applicable to Executive Search assignments will be charged.

3G. Fees are calculated and charged in either £, US$ or € _irrespective of the currency in which the remuneration package is expressed. The exchange rate used to calculate the fees will be taken from the issue of the Financial Times as of the date the fees are due. Fees are net of all bank and interna-tional money transfer charges and any exchange rate losses incurred by the Executive Search Con-sultancy due to late payment for whatever reason will be borne by the Client.

3H. The Client shall pay the Executive Search Consultancy fees within 20 days of commencement of the Engagement or the date of invoice whichever is applicable. For late payment of the invoice an interest charge of 4% per month or part month will be levied. The fee shall be payable where an en-gagement takes place at any time within 12 months from the date of the first interview of the Appli-cant by the Client.

3I. The Client shall be liable to pay the Executive Search Consultancy’s fee calculated as above, if it refers directly or indirectly, intentionally or unintentionally any Applicant to any Third Party which re-sults in an Engagement of the Application by the Third Party.

3J. If the Applicant introduced by the Executive Search Consultancy is rejected by the Client at any stage or the Applicant rejects an offer made by the Client and is subsequently employed by the Cli-ent in any capacity whatsoever within 12 months of rejection, including when a candidate is re-introduced from another source, the Client shall be liable to pay the Executive Search Consultancy’s fees in full.

3K. The Client shall be liable to pay the Executive Search Consultancy’s fee, where an offer of em-ployment has been made verbally or in writing by the Client and is subsequently withdrawn by the Client through no fault of the Candidate after acceptance by the Candidate either verbally or in writing of where the Client through its own actions makes the appointment offered untenable.
(xii) Should any retained or exclusive assignment be cancelled (including where the position is filled from another source) or the terms of references materially altered by the client for any reason, then over and above the initial fee, an additional fee of 10% of the expected first year gross remuneration will be payable, together with any unrecovered expenses incurred by the Executive Search Consul-tancy in respect of the assignment.
(xiii) The Client shall be liable to pay the Executive Search Consultancy’s fee calculated in accord-ance with the terms of business and subject to a minimum of £30,000 if an offer of employment is made to an employee or former employee of Bronzegate Ltd which results in an engagement of the employee of Bronzegate Ltd.
(xiv) For interim placements, our fees are 30% of the individual’s day rate. If the agreed period of the interim appointment is between 0 – 6 months our fees are charged upfront. If the tenure is longer than 6 months, our fees are charged monthly after the original 6 months.
L. All fees and charges are subject to VAT at the current rate where appropriate.

4. Refund/Replacement Guarantee
A. If the engagement is terminated for any justified reason in the opinion of the Executive Search Consultancy (other than redundancy, re-organisation or re-structuring) before the expiration of the period of 12 weeks (including notice period) from the date of commencement, and the Executive Search Consultancy’s fee has been paid in full in accordance with Clause 3D, The Executive Search Consultancy will source a replacement Applicant free or charge, providing written notice has been given to the Executive Search Consultancy within 7 days of the date of termination.
B. If the Engagement lasts for a period of 12 weeks or more, no refund will be made.

5. Suitability
The Executive Search Consultancy endeavours to ensure the suitability and the accuracy of infor-mation provided on the Applicant. Not-withstanding this the Client shall take such steps as it deems necessary to satisfy itself of the suitability of the Applicant and is advised to take up references pro-vided by the Applicant before engagement. The Client shall be responsible for obtaining work and other permits, verify professional and academic qualifications, the arrangement of medical exami-nations and/ or investigations into the medical history of the Applicant, and satisfying any medical and other requirements or qualifications required by law.

6. Liability
A. The Executive Search Consultancy shall not be liable under any circumstances for any loss, ex-pense or damage suffered or incurred by the client arising from or in any way connected with the introduction or Engagement of an Applicant or from the failure of The Executive Search Consultancy to introduce an Applicant.

B. Whilst every effort is made to maintain the highest standards of integrity and reliability of service, liability cannot be accepted by the Executive Search Consultancy for any negligence, dishonesty, misconduct or lack of skill of its employees