Standard Terms and Conditions
General — These terms of engagement apply to all work carried out by JWB International Search Ltd T/A VidCircle and are deemed accepted by the client when the client instructs JWB International Search Ltd T/A VidCircle with an assignment or otherwise requests and/or makes use of our services.
They apply to the exclusion of any other terms and conditions, except those agreed in writing between the client and JWB International Search Ltd T/A VidCircle. In the event of a conflict between an assignment's proposal letter and these Terms & Conditions, the proposal letter will supersede this document. JWB International Search Ltd T/A VidCircle contract with the client shall be governed by the legislation and courts of the England & Wales.
Exclusivity — We ask that only one recruitment procedure be followed. Thus, clients should not advertise or use any other recruitment method whilst JWB International Search Ltd T/A VidCircle is engaged by the Client and refer to us for consideration any potential candidates already known to them or approaching them directly. This means ALL communications be it, internal referrals or direct applications for the job roles we have outlined in the statement of works will be forwarded to John@vidcircle.co and we will add them to the Long List and assess them equally against the other candidates. This creates a fair and unbiased selection process to make sure you the client, hires the very best person available at the time of the search.
Payments — All payments are due within fourteen (14) days after date of invoice. Any amount not paid within this period shall incur interest at the rate of four percent (4%) over the then current Bank of England base rate. Furthermore, JWB International Search Ltd T/A VidCircle will be entitled to reimbursement for all reasonable expenses (including legal fees) incurred with respect to collection of overdue invoices or unpaid amounts. If payment is overdue, or if any invoice is not paid in full as above, JWB International Search Ltd T/A VidCircle reserve the right to stop all further work relating to the services (and any other related or unrelated services currently ongoing). Invoices are due for payment without deduction upon presentation and within the timelines specified. All UK fees and expenses are exclusive of VAT which will be added at the prevailing rate.
Expenses — It is JWB International Search Ltd T/A VidCircle practice to bill for expenses incurred separately and in addition to the fees, however for larger expenses such as hotels and flights - advanced permission will be sought. For all Search work, the costs associated with any “room hire” due to "neutral territory" being needed, will be absorbed by JWB International Search Ltd T/A VidCircle but is limited to an aggregate of five client meetings per assignment. Should the client need extra rooms these will be recharged under expenses.
Off limits — It is JWB International Search Ltd T/A VidCircle policy not to recruit placed executive-level employees only or to actively target their direct team (including their upwards reporting line) for a period of 12 months after the date when JWB International Search Ltd T/A VidCircle was appointed.
Delay/Deferral — In the event that a client wishes to put a project on hold or to postpone the project until a future date beyond six weeks, the project will be deemed cancelled unless mutually agreed otherwise and in writing with JWB International Search Ltd T/A VidCircle.
Confidentiality — The effectiveness of our work depends on a detailed understanding of our client's requirement, culture and style of management. JWB International Search Ltd T/A VidCircle therefore maintain absolute confidentiality when dealing with sensitive information provided about a client organisation and its personnel.
Candidate Confidentiality – In line with the General Protection Data Regulations 2018, details of candidates (including any assessment notes or otherwise) are provided to the client in strictest confidence and on the understanding that the client will not disclose it to third parties without our or the candidate's consent.
Replacement — If within a six-month period the appointed candidate placed through an Executive or non-Executive/INED Search process gives notice to terminate his/her employment, JWB International Search Ltd T/A VidCircle will, if instructed to do so, undertake such work as is necessary to identify a replacement only. In these circumstances, the total fees paid to date by the client for that assignment will be considered a credit on account (for that assignment only).
For JWB International Search Ltd T/A VidCircle to offer a replacement guarantee we kindly ask that our invoices are paid on time. In the instance of a Speculative Introduction giving notice within the first three-month period, 25% of the fee will be repaid to the client. JWB International Search Ltd T/A VidCircle will not offer a replacement guarantee if the role is terminated due to redundancy.
Ownership — If a candidate introduced to the client by JWB International Search Ltd T/A VidCircle re-applies or is re-engaged through other channels and is subsequently hired within a period of 18 months of the initial introduction or the date of the last meeting whichever is later, then 150% of the original fee becomes payable. If the client passes on the details of a candidate to another organisation which subsequently engages the candidate, this will be treated as a further appointment and a bi-product fee of 25% of the total first year cash compensation will be payable directly by the client (not the company to which they were referred).
References — If requested, JWB International Search Ltd T/A VidCircle will take up references. However, the client is ultimately responsible for any references or other information about candidates, as well as any decisions regarding their suitability. JWB International Search Ltd T/A VidCircle will not be held liable if any information proves to be inaccurate or misleading or if the candidate is unsuitable for the position. The client is also responsible for arranging all medical examinations and other investigations and for obtaining any work or other permits.
Liability — JWB International Search Ltd T/A VidCircle liability to the client in relation to performance under these terms or in tort (including negligence) is limited to the amount of the fee as might have been paid, and not to any amounts unpaid. JWB International Search Ltd T/A VidCircle does not in any circumstances accept liability for indirect or consequential loss, including loss of business profit or reputation.
Third Party Disputes — In matters in which JWB International Search Ltd T/A VidCircle is not a party, the client shall reimburse JWB International Search Ltd T/A Vidcircle for all reasonable staff time, attorneys’ fees and expenses that JWB International Search Ltd T/A VidCircle incurs in relation to subpoenas, depositions, discovery demands and other inquiries in connection with suits, proceedings, legislative or regulatory hearings, investigations or other civil or criminal proceedings in which client is a party, subject or target.