Rare Executives

Terms of Business

1. RARE EXECUTIVES LIMITED will introduce Candidates to The Client for employment by The Client. Once the employment takes place RARE EXECUTIVES LIMITED fees as set out in paragraph 15 becomes payable.

2. An introduction is deemed to have taken place when RARE EXECUTIVES LIMITED provides the Client with a candidate's curriculum vitae, profile, or other pertinent information indicating the candidate's suitability for a position. Acceptance of these terms occurs upon the Client's receipt and review of any candidate information.

3. These terms shall constitute the only contract between RARE EXECUTIVES LIMITED and The Client.

4. These terms have no term and can be terminated by either party in writing. In the event of such notice, these terms shall remain in effect and apply to any Candidate that has previously been introduced by RARE EXECUTIVES LIMITED.

5. Any amendments and/or revisions to these terms shall be approved in advance and executed in writing by the Directors of RARE EXECUTIVES LIMITED and an authorised representative of The Client.

6. An introduction is deemed to have taken place by the provision of any information about a Candidate to The Client, which allows the Candidate to be identified, unless the Candidate is currently active in The Clients recruitment process. Following an introduction if The Client is already communicating with the Candidate in relation to a possible appointment then The Client must inform RARE EXECUTIVES LIMITED immediately. If The Client continue to use RARE EXECUTIVES LIMITED to provide services with regard to this Candidate and The Client appoints the Candidate a fee in accordance with paragraph 15 will become due. If it is unclear or ambiguous as to how The Client learned about the Candidate for the first time, The Client will be responsible for providing evidentiary documentation on RARE EXECUTIVES LIMITED’s request.

7. To enable RARE EXECUTIVES LIMITED to introduce suitable Candidates, The Client must provide RARE EXECUTIVES LIMITED with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.

8. The employment takes place once The Client offers employment, whether on a temporary or permanent basis, to the Candidate and the Candidate starts employment with The Client, whether or not such employment is conditional upon the successful completion of a probationary period. Should an appointment take place then a fee as set out in paragraph 15 shall be payable.

9. Should The Client fail to advise RARE EXECUTIVES LIMITED of the employment of a Candidate within 14 days of the start date, a fee becomes payable of 40% of the anticipated first year's remuneration of the Candidate or $25,000, whichever is greater.

10. If a Candidate is employed by The Client within 12 months of the initial introduction or any subsequent reintroduction by RARE EXECUTIVES LIMITED then the fees as set out in paragraph 15 shall become payable to RARE EXECUTIVES LIMITED. If The Client employs any Candidate that they have discussed with RARE EXECUTIVES LIMITED, in anyway, in the 12 months prior to the appointment but they feel no fee is payable then The Client should contact RARE EXECUTIVES LIMITED to inform them of the appointment so as to avoid any future dispute arising.

11. Information relating to any Candidate is supplied on a strictly confidential basis and may only be used by The Client in connection with this Agreement. If employment of a Candidate takes place by a third party as a direct result of The Client having given information relating to the Candidate to the third party The Client shall be liable to pay a fee of 40% of the anticipated first year's remuneration of the Candidate or a fee of $25,000, whichever is the greater. A third party includes but is not restricted to any associated company, subsidiary or other company with which The Client is connected.

12. The Client is obliged to advise RARE EXECUTIVES LIMITED of the total remuneration offered to the Candidate immediately after an offer of employment has been made by The Client to the Candidate.

13. Should an offer concluding a main contract be retracted prior to the Candidate joining The Client, then The Client shall be liable for an administration fee of $3,000 whether or not the Candidate was known previously by The Client.

14. RARE EXECUTIVES LIMITED will invoice The Client on the start date of a Candidate. The fee is calculated as a percentage of the anticipated first year's total remuneration of a Candidate which means a Candidate's taxable gross remuneration including, but not limited to, bonuses, shift allowance, car allowance, relocation allowance, commissions, share buyouts, weighting allowance, equity, etc. The Client shall provide to RARE EXECUTIVES LIMITED a full statement of the total remuneration to be received by a Candidate.

15. RARE EXECUTIVES LIMITED fees are based on the Candidate’s first year salary, guaranteed earnings and any car allowance.

- Up to 99k = 25%
- Between 99k to 199k = 30%
- Above 199k = 35%
- Minimum Fee per candidate = 20KA
- 2.5k administration fee will be included per candidate.

16. An invoice is payable within 18 days of its date of issue and The Client agrees to supply RARE EXECUTIVES LIMITED with any required Purchase Order in advance of the start date. If RARE EXECUTIVES LIMITED incurs any legal or non-legal costs as a result of non- or late payment of invoice, The Client will become liable to pay such costs. RARE EXECUTIVES LIMITED can claim interest on overdue amounts owed at a rate of 8% p.a.

17. If the appointment of a Candidate is terminated within 8 weeks of the commencement of his/her employment with The Client a rebate will be paid by RARE EXECUTIVES LIMITED to The Client at the rate of 12.5% of the fee charged by RARE EXECUTIVES LIMITED for each full week the Candidate did not work out during the 8 week period, subject to paragraph 18 set out below.

18. No rebate shall be payable if:

  • employment is rescinded for no good reason;
  • RARE EXECUTIVES LIMITED is not notified in writing within 14 days of the termination of the employment together with the reason(s) for it;
  • the fee is not paid to RARE EXECUTIVES LIMITED within the time frame agreed in paragraph 16;
  • the cause of termination has no bearing on the Candidate's qualifications, capability or conduct;
  • the Candidate is let go as result of a layoff.

19. RARE EXECUTIVES LIMITED does not personally obtain references pertaining to a particular Candidate, unless requested. RARE EXECUTIVES LIMITED takes no responsibility for any loss, damage or delay caused by the Candidate. The Client is responsible for ensuring the suitability and capability of a Candidate for employment and for taking references to verify skills, qualifications, integrity, the necessity of any work permits and the satisfaction of any medical requirements.

20. Upon successful completion of the contract and placement of the candidate, Rare Executives reserves the right to request a client testimonial. This may take the form of a written or video testimonial, highlighting the client’s experience and the successful outcome of the engagement. The testimonial will be used for marketing and promotional purposes, subject to the client’s prior approval.

21. These terms will be governed by the law and jurisdiction of the courts of England and Wales.