THIS GENERAL SERVICE AGREEMENT (the "Agreement")
The Introducer / Business
Recruitment Link - Office 5, Lancaster Park Newborough Road, Needwood, Burton-On-Trent, Staffordshire, England, DE13 9PD
(the "Business")
The Recruitment Agency / Client
The client agrees and consents to these terms and conditions upon engagement. To clarify, engagement will be considered as first contact via a meeting online or in person from the client to the business.
(the “client”)
BACKGROUND
- The Client is of the opinion that the Business has the necessary qualifications, experience and abilities to provide services to the Client.
- The Business is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Business (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided
- The Client hereby agrees to engage the Business to provide the Client with the following services (the "Services"):
- Brokerage services to include introductions/referrals to banks, finance companies, payroll firms, software businesses, insurance firms, business coaches, job boards, marketing businesses, funding solutions, acquisition opportunities, bespoke personal business coaching, and more..
- The Services will also include any other tasks which the Parties may agree on. The Business hereby agrees to provide such Services to the Client.
Term of Agreement
- The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
- In the event that either Party wishes to terminate this Agreement, that Party can do so immediately by serving written notice on the other Party.
- In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
- Except as otherwise provided in this Agreement, the obligations of the Business will end upon the termination of this Agreement.
Performance
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
Payment
- The Business will not charge the Client for the Services provided. Services are free of charge, and the business makes money from referrals/commission via third parties.
- Invoices will be issued via third parties only.
- The Business will not invoice the client for work completed.
- The Business will not charge the client for work completed in any other manner.
- The Business will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
Confidentiality
- Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- The Business agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Business has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the Client to the Business under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Business.
Ownership of Intellectual Property
- All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
- The Business may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Business will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
Return of Property
- Upon the expiry, termination or completion of this Agreement, the Business will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Capacity/Independent Business
- In providing the Services under this Agreement it is expressly agreed that the Business is acting as an independent Business and not as an employee. The Business and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Right of Substitution
- The Business will engage with third party sub-Business to perform some or all of the obligations of the Business under this Agreement.
- The Business will pay the sub-Business for its services if required at no cost to the client.
- for the purposes of the indemnification clause of this Agreement, the sub-Business is an agent of the Business.
Autonomy
- Except as otherwise provided in this Agreement, the Business will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Business will work autonomously and not at the direction of the Client. However, the Business will be responsive to the reasonable needs and concerns of the Client.
Equipment
- Except as otherwise provided in this Agreement, the Business will provide at the Business’s own expense, any and all tools and any other items or parts necessary to deliver the Services in accordance with the Agreement.
No Exclusivity
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
Notice
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties.
Indemnification
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Unregulated Services Notice
- The business supplies unregulated financial services and therefore does not need authorisation from the FCA to undertake its activities. The business does not give financial advice; they only offer referrals to those who can.
- NDA's - All clients are offered a non-disclosure agreement for peace of mind via the business and this will be signed if requested before discussions are held.
Modification of Agreement
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
Time of the Essence
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment
- The Business will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
Entire Agreement
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Enurement
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Titles/Headings
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
- This Agreement will be governed by and construed in accordance with the laws of England.
Severability
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
All parties agree and consent to these terms and conditions upon engagement. To clarify, engagement will be considered as first contact via a meeting online or in person.