TERMS AND CONDITIONS OF BUSINESS

These Terms and Conditions of Business constitute the agreement between Quintessential Governess Limited (“Quintessential”) and the employer or engager (“the Client”).

These Terms are deemed accepted by the Client by virtue of interviewing, engaging, employing, trialling, or otherwise using the services of any candidate introduced by Quintessential, whether directly or indirectly.

Quintessential operates solely as an introductory agency and has no authority to enter into contracts on behalf of either the Client or the candidate.

All business undertaken by Quintessential is subject exclusively to these Terms and Conditions, which shall prevail over any other terms unless expressly agreed in writing by Quintessential.

Where a Client wishes to arrange a trial with a candidate introduced by Quintessential, the following shall apply:

The Client is responsible for covering:

•The candidate’s reasonable travel expenses

•The candidate’s daily trial fee

The daily trial fee is set by the candidate and varies depending on their qualifications, experience, and the nature of the role.

In addition, Quintessential charges a trial coordination fee as follows:

•Trials of up to two (2) days: £250

•Trials of three (3) days or longer: £450 per trial week or part thereof

This fee covers the administration, coordination, and management of the trial process.

Where a trial results in a successful placement, the trial coordination fee for that specific candidate shall be deducted from the final introduction fee.

Trial coordination fees relating to unsuccessful candidates are strictly non-refundable.

A trial shall not constitute employment unless a separate written employment agreement is entered into between the Client and the candidate.

The Client must notify Quintessential immediately upon making a verbal or written offer of employment or engagement to any candidate introduced by Quintessential.

Upon written acceptance of the offer by the candidate, an introduction fee equal to 20% of the candidate’s agreed gross annual remuneration becomes immediately due and payable, plus VAT where applicable.

An invoice will be issued upon the candidate’s written acceptance.

Fees are payable whether the engagement is permanent, temporary, fixed term, employed, self-employed, consultancy-based, or otherwise structured.

From the candidate’s start date, the Client is solely responsible for all employment and engagement costs including:

•Salary

•Tax

•National Insurance

•Pensions

•Benefits

•Bonuses

•Commissions

•Allowances

•Accommodation (where applicable)

•All statutory or contractual obligations

Where a candidate is engaged on a self-employed basis, the Client remains fully responsible for determining employment status and compliance with all relevant tax and employment legislation.

Where a candidate is engaged on a self-employed basis, the introduction fee shall be calculated as 20% of the total gross amount paid or payable to the candidate.

The Client must provide full, accurate, and complete details of the role including duties, working conditions, hours, remuneration, location, and expectations.

Any material change to the role after a candidate has been introduced may invalidate any replacement entitlement.

Quintessential endeavours to introduce suitable candidates but does not guarantee suitability.

The Client is responsible for carrying out all due diligence including:

•Reference checks

•Qualification verification

•Right to work checks

•Medical assessments

•Any permits or documentation required by law

All candidate introductions are confidential and made exclusively for the Client.

If a candidate introduced by Quintessential is engaged by the Client, any associated party, or any third party to whom the Client has passed candidate details within 36 months of introduction, a full introduction fee equal to 20% remains payable.

This applies whether the engagement is direct or indirect and whether paid or unpaid.

Quintessential accepts no liability for any loss, damage, injury, expense, or claim arising directly or indirectly from the acts or omissions of any candidate introduced, whether negligent, fraudulent, or otherwise.

All information supplied by Quintessential must remain confidential.

Passing candidate details to any third party resulting in engagement will trigger full fee liability and void any replacement entitlement.

Quintessential reserves the right to request a retainer at the commencement of a search.

Where requested, the retainer shall equal 10% of the anticipated final introduction fee based on expected remuneration.

The retainer is:

•Non-refundable

•Payable immediately upon confirmation of instruction

•Deducted from the final introduction fee upon successful placement

No search will formally commence until the retainer has been received.

Where a 10% retainer is paid, Quintessential shall act on an exclusive basis for the agreed search period.

During exclusivity, the Client must not engage or instruct any other recruitment agency or intermediary for the same role without Quintessential’s prior written consent.

If, during the exclusivity period, the Client engages a candidate for the role — whether introduced by Quintessential or sourced independently — the full introduction fee equal to 20% remains payable.

Exclusivity applies for the duration agreed in writing or, where no duration is specified, for 8 weeks from the date the retainer is paid.

If the Client breaches the exclusivity agreement, Quintessential reserves the right to invoice the full introduction fee immediately.

Permanent introduction fees are non-refundable and calculated at 20% of the gross annual salary agreed at commencement.

If a permanent candidate lawfully leaves employment within 12 weeks of commencement, Quintessential will offer one replacement search subject to the conditions below.

The replacement period does not constitute a trial period.

A replacement search is conditional upon:

a. Written notification of termination within 3 days
b. No re-engagement of the original candidate within 36 months
c. Termination not arising from unreasonable conditions, misrepresentation, or Client breach
d. The replacement role being materially identical
e. The full introduction fee having been paid
f. Only one replacement search per placement

No refunds are offered if a replacement is declined or not required.

Where the Client cancels an engagement after a verbal or written offer has been made and accepted in writing by the candidate:

a. All introduction fees are deemed earned and due
b. If cancelled prior to the start date, the Client remains responsible for payment of two (2) weeks’ salary to the candidate where applicable
c. 30% of the full introduction fee shall be refundable
d. If unpaid, Quintessential may invoice and recover 70% of the full introduction fee
e. No further refunds shall be due

If a temporary placement is extended, retained, or becomes permanent, additional fees apply.

Temporary fees already paid may be credited against a permanent fee where agreed in writing.

Replacement periods do not apply to temporary placements.

Temporary fees are non-refundable.

Where a booking is delayed, shortened, or cancelled, the Client must comply with the candidate’s notice requirements.

If a candidate cancels and Quintessential is unable to secure a replacement, fees paid may be held as account credit with no expiry.

These Terms apply equally to all overseas and international placements.

Overseas introduction fees are calculated at 20% of agreed remuneration unless otherwise confirmed in writing.

All overseas fees are payable in sterling and must be paid in full prior to the candidate’s departure unless otherwise agreed in writing.

The Client is solely responsible for visas, work permits, residency, tax, social security, healthcare, insurance, relocation costs, and compliance with local employment laws.

Quintessential accepts no responsibility for delays or failures relating to immigration or regulatory approvals.

The Client is responsible for payroll, payment of candidates, and compliance with all employment, tax, and immigration laws in the relevant jurisdiction.

All invoices are payable in full within 7 days of issue or prior to the candidate’s start date, whichever is sooner.

Late payments accrue interest at 4% above the prevailing base rate from the due date until payment is received.

These Terms are available on request and on Quintessential’s website and are deemed accepted by interviewing, engaging, employing, or trialling any candidate introduced by Quintessential.