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Executive Search Terms & Conditions of Business

These Terms and Conditions of Business apply to all services provided by Tile Hill Interim & Executive Ltd (“Tile Hill” hereinafter called ‘Tile Hill’) to any person (“the Client”) including but not limited to the Services set out in proposal or Sole or Preferred Supplier Agreement or specified in Client Agreement Document and are deemed to be accepted by the Client when Tile Hill begins work on the assignment.

1. Conduct

1.1 References, educational or professional qualifications and accreditations – It is the Client's responsibility, unless agreed otherwise, to take up references, qualification, accreditation checks at any stage during the process. However, the Client agrees that it will not seek references prior to any offer being accepted by a candidate without both Tile Hill’s and the candidate’s written consent.

1.2 Candidates – Tile Hill will use due care throughout the process in which the Services are deployed. Tile Hill accepts no responsibility for inaccurate or false information provided or representations made by the candidate. Tile Hill will not be held responsible for a candidate terminating employment prematurely. The Client acknowledges that candidates are not employees of Tile Hill and thus Tile Hill will not be liable for any actions of candidates.

1.3 Appointment - The Client agrees to notify Tile Hill immediately of the engagement of a candidate introduced by Tile Hill.

1.4 Client Recommendations - If the Client recommends internal candidates from within the organisation or from other organisations, they shall be integrated into the process being undertaken by Tile Hill. Should one of them be appointed, the full fee is payable.

1.5 Additional Appointments – If the Client employs additional candidates as a result of an introduction made by Tile Hill whilst delivering agreed Services, Tile Hill will charge 20% of the total remuneration package offered to each candidate hired. Should the client or any subsidiary or associated company engage a candidate that was introduced by the Tile Hill, within a 12 month period from introduction, a fee charge of 20% of the total renumeration package offered to the candidate, will be payable to Tile Hill upon the candidate’s commencement of employment.

2. Confidentiality

2.1 The Client agrees that candidate details are provided in the strictest confidence and upon the understanding that it will not disclose any details to any person or to any third party without written consent from Tile Hill and the candidate, except as permitted by clause 2.2 and 2.3

2.2 The Client may disclose the candidate information to its employees or advisers who need to know the information to carry out their obligations under the agreed Services and as part of the process.

2.3 The client may be required by a legal or regulatory order to disclose such information.

2.4 Tile Hill and the Client agree that each other’s confidential information shall not be used or shared for purposes other than the agreed Services.

2.5 The passing of details of an candidate introduced to the Client by Tile Hill to an associated company or to a third party which results in the employment of the candidate, will render the Client liable for a fee as defined in our General Terms of Business.

3. Search Assignments

Tile Hill and the Client may agree special commercial terms in relation to retained recruitment projects that are carried out on an exclusive basis. In respect of such projects, the agreed fee shall be chargeable as follows:

Full Search & Selection

Stage 1: Upon Commission

50% of the agreed fee

Stage 2: Presentation of Longlist

30% of the agreed fee

Stage 3: Upon offer/acceptance of the engagement

20% of the agreed fee

Search up-to and including Shortlist

Stage 1: Upon Commission

50% of the agreed fee

Stage 2: Presentation of Longlist

30% of the agreed fee

Stage 3: Presentation of Shortlist

20% of the agreed fee

Search up-to and including Longlist

Stage 1: Upon Commission

50% of the agreed fee

Stage 2: Presentation of Longlist

50% of the agreed fee

The above charges, (unless otherwise agreed) excludes the following:

(a) any print or online advertising, advertising creative work, microsite construction, technical assessor fees, candidate assessment and psychometric profiling, candidate/consultant expenses which shall be agreed separately

(b) VAT which shall be charged at the prevailing rate.

(c) These fees and any other costs as agreed with the client will be invoiced upon completion or as quoted.

3.1 Fees are not refundable, and the Service Guarantee (3.2) is only valid if all fees are paid within the agreed payment terms below.

3.2 Service Guarantee – If Tile Hill fails to appoint a candidate, the option to re-run the search for no additional fee exists, subject to the scope of the search remaining the same. In such an instance, Tile Hill will charge only for any additional advertising, technical assessors (if required), assessment services (if required) and expenses.

4. Payment of Fees

4.1 All invoices are subject to VAT. All fees (together with VAT) become due for payment within 30 days commencement of the date of invoice issue date.

4.2 The fee(s) become payable by the Client if a candidate accepts an offer of engagement and a start date is agreed at any time within 12 months of the introduction being made. Upon the start date of the candidate’s engagement, Tile Hill will invoice the Client for the Fee.

4.3 Tile Hill reserves the right to charge interest on any fees outstanding after the expiry of the period specified above from the date of invoice up to and including the date of payment at the rate from time to time of 3% above Barclay’s base rate.

5. Freedom of Information Act (FOIA) 2000 & Transparency in Procurement

Tile Hill provides certain information to you in connection with this procurement exercise which is confidential in nature, and which is supplied to you strictly on the basis that it will be held in confidence. We have detailed the information below that we believe is exempt from the FOIA and therefore should not be published in the event of a request made under the FOIA or the proactive publishing of the won contract (including our tender response) in the event the contract is awarded to Tile Hill:

a) Personal information relating to our employees. We believe that this information is exempt information under S40 (2) of the FOIA to the extent that it constitutes personal data.

b) Information relating to our Clients. This information is provided in confidence to enable your organisation to decide whether to award the contract to us. In our opinion this information is exempt information under S41 FOIA. Disclosure of this information may constitute an actionable breach of confidence by our clients.

c) Information relating to our methodologies and systems. This information is provided in confidence to enable your organisation to decide whether to award the contract to us. In our opinion this information is exempt information under S41 FOIA in that it is the basis for our unique offering.

d) A detailed breakdown of our fees and other charges and our bank account details. We believe that this information is exempt from disclosure under S43 FOIA as disclosure of such pricing information would prejudice our commercial interests.

If you receive a request under the FOIA, or are required under the ‘Transparency in Procurement’ directive to publish our tender response, we request that you:

  • Inform Tile Hill about the request for information/intention to publish as soon as reasonably possible

  • Consider and apply all lawful exemptions provided under the Act to withhold information

  • Ensure that any information to which a duty of confidence applies and/or which has been detailed above is not disclosed

  • Consult with Tile Hill prior to the disclosure of any such information; and

  • Keep Tile Hill informed about your progress in dealing with any request for information/intention to publish, and where requested by Tile Hill, provide Tile Hill with copies of any correspondence and documents relating to the request for information.

6. Complaints Procedure

Tile Hill will assess any complaint carefully and will discuss the context with the Client. The point of contact for any problems is David Weir, Director and Founder of Tile Hill.