Terms of Business

Download a copy of our terms here: NSR Standard Terms of Business 2013

Terms and Conditions for which NSR Associates (“The Company”) agree to provide services to your organization (“The Client“)

1. Introduction

a. These terms of business authorize NSR Associates to search, locate, indentify and refer suitably skilled candidates for permanent employment with individuals and organizations.

b. The client is deemed to have accepted these terms of business by signing this document, if the terms of business are not signed and a candidate is engaged the fee is payable within these terms of business by the client to NSR Associates.

c. Any variation to these terms must be signed and stamped by an authorized signatory of NSR Associates.

d. An introduction is deemed to have taken place when personal details of a candidate are relayed to the client. This agreement comes into effect upon an introduction taking place. If the client, with or without notifying NSR associates engages a candidate that has been introduced via NSR associates within a 12 month period of the introduction, the client will be liable for an introduction fee as set out below.

These terms and conditions apply to all associated companies, subsidiary or other company which the client is connected unless it is previously agreed. In cases where candidates have been previously introduced by other parties, written confirmation needs to be sent within 7 days, otherwise it shall be deemed that NSR have made the introduction

2. Definitions and Interpretations

a. In these conditions the following terms have the following meanings.

b. Candidate – Means anyone who is the subject of an introduction by NSR Associates to the client or any referral of an individual to the client from said candidate.

c. Client – The person, firm or company to whom services are provided, or a candidate is directly or indirectly introduced by the company together with a holding company or subsidiary of the client, or an associated company of the client.

d. Company – NSR Associates JLT – 66875

e. Commencement – Means the first day of candidates employment

f. Introduction – Means anyone who is referred, introduced or about whom information is supplied by NSR Associates to the client.

g. Engagement – Means the fixed term contract engagement or the employment of the candidate by the client from the date of receipt of the candidates CV and for a period of 12 months thereafter.

3. Introduction Fees For Permanent Staff

a. Introduction fees are all based up on the first year’s gross annual salary. This includes but is not limited to Salary, Housing Allowance, Car allowance, and any other guaranteed payments or cash allowances that form part of the annual salary.

I. Where transport is provided and there is no value available, this will be calculated as an allowance of 2500 Dhs per month, where accommodation is provided and there is no value available, this will be calculated at 8000 Dhs per month.

b. All fees are invoiced at 25% of Gross Annual Package unless otherwise agreed by an authorized person at NSR Associates and duly stamped and confirmed in writing.

i. Payment of the introduction fee shall be made to the company by the client within 15 days of the companies invoice. The client shall make no deduction of any type from payments due to the company.

ii. Invoices are created up on the commencement of the candidates first day of employment.

iii. The client shall notify the company if a candidate introduced by NSR Associates is engaged. By agreeing to engage a candidate introduced by NSR Associates or a member of NSR Associates staff the client will be liable for the appropriate introduction fees.

4. Refund Guarantee

If the engagement terminates ( whether by expiry of notice or otherwise ) before the expiry of 12 weeks of the candidates engagement and subject to the conditions of the ‘rebate facility’ the introduction fee will be refunded to the client in accordance with the scale of the rebate facility as list below.

a. The termination is either a consequence of the applicant leaving of his/her own violation; or a dismissal by the client which is not by reason of redundancy and does not amount to a wrongful or unfair dismissal of the applicant.

i. The client notifies the company in writing within 7 days of the resignation of the applicant or dismissal ( as the case may be )

ii. The client does not re engage the applicant within 12 months from the date of such termination and

iii. All monies from the client are paid within 30 days of the date of invoice strictly in accordance with the above.

iv. In the event that the conditions in above have been met, the following proportion of the introduction fee only (no refunds of expenses shall be given whatsoever) paid by the client will be refunded by the company as the refund guarantee.

Termination of Engagement within % Refund
Up to 4 weeks after commencement  100%
After 4 weeks, but not more than 8 weeks after commencement  50%
After 8 Weeks, but not more than 12 weeks after commencement  25%

 

b. For the avoidance of doubt, in such termination of an engagement occurs more than 12 weeks after commencement no refund shall be payable by the company to the client whatsoever.

c. For the purposes of the refund guarantee, it shall be the date that the applicant actually leaves the engagement of the client that shall constitute the date of termination that her than the date upon which notice is served by either the client or the applicant.

d. If the applicants provided by the company under any fee arrangement other than that shown in the above scale of fees or is provided at a discounted fee the refund guarantee shall not apply.

e. Should the client subsequently engage or re engage the applicant with the period of 12 months from the date of termination of engagement or withdrawal of offer the full introduction fee calculated in accordance with the scale of fees then in force shall be payable within 30 days of the date or reengagement of the applicant and for the avoidance of doubt the refund guarantee shall not apply.

5. No Warranty

a. Although the company will use reasonable endeavors to ensure the suitability of the applicant, the company gives no warranty whatsoever whether express or implied, as to whether the attributes of the applicant shall be suitable for the clients requirements. The client must rely on its own enquiries as to the suitability of the applicant.

b. The company shall not be liable for any loss liability damage, costs, claims compensation or expenses whether direct or indirect or consequential suffered or incurred by the client arising from or connected with the services provided by the company or from the introduction to or the engagement or any applicant by the client or from the failure of the company to introduce the applicant. For the avoidance of doubt the company does not exclude liability for death or personal injury arising from its own negligence.

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