TritonExec Terms & Conditions

TritonExec Ltd. Terms and Conditions

Definitions:

Annual Remuneration	a year’s total annual compensation including base salary, target bonus, and sign-on bonus.
Candidate	the person whose CV is submitted to the Client.
Client	the legal entity to which the Email is addressed or, if not addressed to a legal entity, the legal entity that employs the individual addressed in the Email.
CV	the Candidate’s curriculum vitae or profile.
Email	the email to which these terms and conditions are attached.
Engagement	the employment or engagement of a Candidate, directly or indirectly, and “Engage” shall have the associated meaning.
Fees	30% of the Candidate’s first year Annual Remuneration. .
Group Company	a company which is a subsidiary or parent of the Client, or which is controlled by a company that also controls the Client.
Introduction	the introduction of the Candidate directly and/or by means of the supply of his CV, and “Introduce” shall have the associated meaning.
TritonExec	TritonExec Ltd, a company incorporated and registered in England and Wales, with company number 07051745, whose registered office is at 54 Charlotte Street, London, W1T 2NS.
Warranty Period	the period starting on the Candidate’s first day of employment and ending 90 days after that day.
Payment Terms	payable within 30 days of receipt of invoice.  The invoice will be issued on the Candidate’s signature of the employment contract or first day of employment, whichever comes first.

 

1. Fees payable. The Client shall pay the Fees, in accordance with the Payment Terms, on the Candidate’s signature of the employment contract or first day of employment, whichever comes first. These terms are deemed to be accepted if the Client wishes to interview the Candidate, or the Client contacts the Candidate directly.

 

2. Fees also payable in these circumstances. Where a Candidate Introduced by TritonExec is not hired by the Client as part of the initial Introduction, the Fees shall nevertheless be due and payable in the following circumstances:

 

• • if the Client or Group Company Engages the Candidate within 12 months of the Introduction,
  • if the Client Introduces the Candidate to a third party, and the Candidate is Engaged by that third party (or is Engaged by a person to which the third party Introduced the Candidate) within 12 months of TritonExec’s Introduction to the Client.

 

3. Other suppliers. The Client acknowledges that Introduction was made exclusively by TritonExec and that the Fees shall remain payable even if another Introduction is made to the Client.

 

4. Notification of hire. The Client shall, within 30 days of the Candidate’s acceptance of employment, inform TritonExec of such acceptance and the Candidate’s Annual Remuneration.

 

5. Candidate expenses. The Candidate’s transportation and other expenses incurred while attending an interview with the Client are for the Client’s account.

 

6. Warranty Period. If the Client or the Candidate terminates the employment contract during the Warranty Period, TritonExec will use its best efforts to find a replacement without any additional fees being payable by the Client, but only if:

 

• • all Fees due by the Client (whether in relation to this Candidate or any other candidates) have been paid by their due date,
  • the Client notifies TritonExec in writing within seven days of the termination of employment,
  • neither the Client nor a Group Company Engages the Candidate within the Warranty Period,
  • the termination of the employment contract did not result from the Client’s redundancy, restructuring or re-organisation, from a material modification of the Candidate’s position, a material modification of the function exercised by the Candidate, or from a constructive dismissal (as claimed by the Candidate).

 

7. Aptitude of Candidates. TritonExec shall use reasonable efforts to ensure the aptitude of the Candidate, but it does not carry out background checks nor warrant the aptitude of the Candidate.  The Client is advised to carry out its own background checks on the Candidate and to use its own methods to satisfy itself as to the aptitude and employability of the Candidate.

 

8. Confidentiality. The Client and TritonExec shall keep confidential each other’s confidential information. The Client’s interest in the Candidate, its communications with the Candidate and TritonExec, the Fees due or paid, and any Annual Remuneration offered to the Candidate, are the confidential information of the Client.  The identity of the Candidate, his CV, the Fees and related payment terms, and TritonExec’s communications with the Candidate and the Client, are the confidential information of TritonExec.

 

 

9. Data Protection. Each party acts as an independent controller of the personal data it processes in connection with the Introduction, and not as processor for the other. Both parties shall comply with the UK General Data Protection Regulation and the Data Protection Act 2018 (and Regulation (EU) 2016/679 where it applies). TritonExec discloses only Candidate personal data that is relevant and necessary for the Client to assess the Candidate, and issues its privacy notice to Candidates. The Client shall use that data solely to assess and, if applicable, Engage the Candidate, retain it no longer than necessary for that purpose, apply appropriate technical and organisational security measures, treat any special category or sensitive personal data with the additional care it requires, and notify TritonExec without undue delay of any personal data breach affecting it. Each party shall give the other reasonable assistance with individual rights requests and with any safeguards required for international transfers. Data protection queries should be sent to operations@tritonexec.com.

 

10. Non-Solicitation. For the period ending 12 months after the Introduction, the Client will not, directly or indirectly, employ or engage any employee or contractor of TritonExec. On a breach of this obligation, the Client shall pay TritonExec, by way of a fee, 30% of the affected employee or contractor’s Annual Remuneration.

 

11. Late Payment. Any fees not paid when due shall bear interest at a rate equivalent to the Bank of England base rate plus 8%, calculated daily until payment is received in full, but in no event more than the highest rate permitted by law.