Specialists in PRODUCTION & POST PRODUCTION Talent.
MEDIA MEERKAT - TERMS OF BUSINESS
TERMS OF AGREEMENT FOR THE SEARCH AND INTRODUCTION OF PERMANENT EMPLOYEES
This document sets out the terms upon which Media Meerkat LTD, a company registered in England and Wales under number 13572464 (“Media Meerkat LTD”) will seek to find suitable candidates (defined in these terms as a “Candidate” and in the Regulations as a “work-seeker”) to introduce to the client’s business, entering contracts incorporating these terms (“the Client”) in accordance with the requirements of the Conduct of Employment Agency Regulations 2003 (“the Regulations”) which apply to the parties’ activities under these terms.
Definitions and Interpretation
In these terms: “Client” shall mean any person, firm, corporate body, or other legal entity to whom or which a Candidate is presented or introduced by MEDIA MEERKAT LTD or which has agreed to or requested that MEDIA MEERKAT LTD presents Candidates and shall include any “connected person” within the meaning of Regulation 3;
"Introduction” or “introduce”
shall mean the presentation of the Candidate by MEDIA MEERKAT LTD to the Client, whether in writing or orally, which may include the submission of the Candidates details (including any CV) and/or the arrangement of an interview (including any telephone interview) between a Candidate and the Client and is irrespective of
(a) whether or not the Client was already aware of a particular Candidate prior to MEDIA MEERKAT LTD’ introduction of that Candidate and howsoever the Client became aware of the Candidate or
(b) whether the Client receives information about a particular Candidate from any other party or source subsequent to MEDIA MEERKAT LTD’ introduction of that
Candidate; “Engagement” or “engaged” shall mean the appointment of the Candidate, either in a personal or corporate capacity, by the Client whether under a contract of service, a contract for services, or where the Candidate is retained or used by the Client under any contract, including as an agent, distributor, representative or franchisee, or partnership arrangement, whether on a permanent, temporary or casual basis, within a period of 12 months from the date of a final interview with the Client, or from the date of presentation of the Candidate to the Client where no interview between the Candidate and the Client takes place;
“Remuneration” shall mean basic salary (together with an estimate of likely bonuses or overtime pay) and any taxable emoluments or benefits payable to or from which a Candidate will benefit (for example, accommodation or a vehicle) through accepting an engagement, in all cases on a gross basis.
“Letter of Engagement” or “LOE”; In certain circumstances whereby certain parts of these terms require adjustment, a “Letter of Engagement” will form part of the contractual agreement and overwrite where relevant the relating contract term/s contained within this document. Only a “LOE” signed by both parties will hold any relevance.
Clause headings are for ease of reference only. Reference to the singular includes the plural and vice versa. Reference to one gender includes all genders.
Relationship between MEDIA MEERKAT LTD and the Client
In accordance with Regulation 17.1, MEDIA MEERKAT LTD hereby notifies the Client that it will operate as an Employment Agency in relation to the Client and will use all reasonable endeavors to seek to find the Client suitable Candidates to meet the Client’s requirements for the vacancies in question. The Client consents to the disclosure by MEDIA MEERKAT LTD to the Candidates of all relevant information (reasonably required in MEDIA MEERKAT LTD’ opinion to facilitate its search and identification of suitable Candidates for the Client’s vacancy) subject to obligations of confidentiality which MEDIA MEERKAT LTD shall place on Candidates in receipt of such information.
For the purposes of Data Protection legislation (including the Data Protection Acts 1984 and 1998, as the same may be amended from time to time), the Client consents to MEDIA MEERKAT LTD holding, keeping, accessing, processing, and disclosing records and Personal Data, including Sensitive Personal Data, relevant to the Client (including its current employees) for the purpose of enabling MEDIA MEERKAT LTD to comply with its obligations under the Regulations.
Notwithstanding the provisions of condition 2.3, the Client acknowledges and agrees that MEDIA MEERKAT LTD is obliged to retain information on file for a number of years to comply with legislation and good commercial practice. Such retention shall in any event comply with the provisions of the Data Protection Acts in terms of what information is retained and for how long. MEDIA MEERKAT LTD confirms to the Client that, unless it specifically informs the Client in writing, MEDIA MEERKAT LTD is not authorised to receive money on a Candidate’s behalf.
The Client’s Obligations in relation to Candidates
When engaging MEDIA MEERKAT LTD to provide the services set out in these terms, the Client shall provide MEDIA MEERKAT LTD with full and accurate information, details and any supporting documentation as may be required by MEDIA MEERKAT LTD, including documentation or evidence outlining: The legal identity of the Client including information on the legal structure of the Client’s business (for example, sole trader, partnership, limited liability company etc.);
Current and accurate address and contact details for the individual(s) within the Client’s business responsible for the selection and suitably authorised to appoint a successful Candidate for the vacancy in question; information on the specific role or vacancy for which the Client wishes MEDIA MEERKAT LTD to search and introduce Candidates, including:
Any experience, training or academic or professional qualifications, which are necessary and/or desirable and/or required by, law; Any expenses the Client anticipates the fulfilment of an engagement may oblige the Candidate to incur in the course of an engagement; The intended date on which the Client would ideally like the successful Candidate to commence an engagement;
The duration or likely duration of an engagement, if that can be ascertained; The nature of the duties, location, other relevant timing issues (such as shift patterns); Any health and safety issues which may need to be taken into account; The minimum remuneration the Client is willing to offer and frequency of payments; and The length of notice it is likely the engagement will oblige the successful Candidate to give;
- Such information on the Client’s business in general as MEDIA MEERKAT LTD deems necessary to effectively provide the service;
- The Client’s belief that it would not be detrimental to the interests of the Candidate or the Client for the Candidate to accept the engagement in question with the Client.
3.2 The Client undertakes to keep MEDIA MEERKAT LTD informed of any changes to details provided under these conditions and to provide clarification or additional information and material as and when requested by MEDIA MEERKAT LTD.
3.3 The Client acknowledges that MEDIA MEERKAT LTD’ ability to promote the Client and seek introductions for the Client’s vacancy does depend to some extent on the Client’s own commitment to pursuing introductions when effected by MEDIA MEERKAT LTD. As such, the Client undertakes to:
- Identify suitable employees to vet Candidates introduced by MEDIA MEERKAT LTD;
- Correspond promptly with MEDIA MEERKAT LTD in relation to the stages of search and selection, which may be appropriate to identify Candidates for interview;
- ensure employees of adequate experience and authority are available in sufficient numbers to attend interviews arranged with Candidates (following consultation with the Client);
- if a suitable Candidate is found, promptly inform MEDIA MEERKAT LTD of the details of the offer made to a Candidate including the essential terms of that offer including the remuneration; and
- following an appointment process, to promptly pursue the commencement of the successful Candidate’s start of employment with the Client in the capacity (and in accordance with other details) which may be agreed (subject always to an acknowledgement that Candidates may well have notice periods to serve).
4 MEDIA MEERKAT LTD’ Obligations
4.1 At the outset of the relationship with the Client, MEDIA MEERKAT LTD will:
- Give the Client clear information about its services and the legal terms and conditions, which will apply to the relationship with MEDIA MEERKAT LTD;
- Record the Client’s various details accurately and hold them in accordance with an appropriate Data Protection regime in accordance with MEDIA MEERKAT LTD’ Data Protection Registration.
4.2 Thereafter, whilst MEDIA MEERKAT LTD seeks suitable Candidates for the Client, it shall:
- Diligently try to match the Client’s vacancies with the qualifications, experience and other relevant details of Candidates either Already on MEDIA MEERKAT LTD’ database or which it comes across in the course of its search and selection process although it makes no commitment that it will be able to find Candidates with profiles which exactly match the specifications of the Client’s vacancies;
- confirm with the Client any Candidate’s interest in a vacancy which arise from (a), above, and not introduce the Candidate to the Client until the Client has given its consent to such contact being made.
4.3 If an introduction is made, as above, MEDIA MEERKAT LTD shall:
- Ensure that all relevant information as is on MEDIA MEERKAT LTD’ records is passed to the Candidate in accordance with Regulation 18;
- Promptly request from the Client any information not on MEDIA MEERKAT LTD’ records which the Candidate requests together with any other clarification of the vacancy which a Candidate may ask for;
- Provide the Client with as full a description of the Candidate as MEDIA MEERKAT LTD can provide (in accordance with Regulation 19) including the identity of the Candidate, the Candidate’s experience, training, qualifications and any relevant authorisations necessary by law or any professional body for the Candidate to fulfill the vacancy advertised;
- Ask the Candidate for further details where it appears to either MEDIA MEERKAT LTD itself or the Client that such further details are desirable for the Client to properly evaluate a Candidate.
If an introduction results in an interview being arranged for a Candidate with the Client for any vacancy, MEDIA MEERKAT LTD shall:
- Liaise between the Candidate and the Client to arrange the time and place of the interview; report to the Candidate the outcome of the interview; if the outcome is that a further interview or other meeting is required, liaise between the Candidate and the Client to arrange the time and place of that subsequent interview or meeting; if the outcome is that a further interview is not required, report to the Candidate (strictly at the Candidate’s request) any observations which the Client is willing to provide for why the Candidate was not successful.
- If an interview, or series of interviews and meetings results in an offer of employment being made to the Candidate by the Client, MEDIA MEERKAT LTD shall:
- Confirm the Client’s offer of employment to the Candidate; clarify with the other party any questions that either the Client or the Candidate may have; generally facilitate the parties’ entering into an engagement.
- MEDIA MEERKAT LTD shall without delay inform the Client if, at any time within the three months immediately following any introduction of a Candidate to the Client, MEDIA MEERKAT LTD shall become aware of information, which indicates that the Candidate is or may be unsuitable for the vacancy in question. Notwithstanding condition 6.3, in accordance with Regulation 22 in relation to the Client’s instructions to MEDIA MEERKAT LTD to identify Candidates for a vacancy where professional qualifications are required or where a Candidate would work with persons under the age of 18 or which involves caring for persons who by virtue of age or infirmity or in any other way are in need of care or attention, MEDIA MEERKAT LTD shall:
- Obtain copies of relevant qualifications or authorisations of the Candidate; obtain two references for the Candidate who will agree that their reference may be disclosed to the Client; and take all other reasonable steps to confirm that the Candidate is suitable for the vacancy in question.
MEDIA MEERKAT LTD Fee/s
The fee structure is as follows:
- Retained Search Advertised Selection Contingent Search & Selection Exclusive Search & Selection
- 28% of 1st year’s remuneration and taxable benefits unless otherwise stated in LOE. 22.5% of 1st year’s remuneration and taxable benefits unless otherwise stated in LOE.
- 25% of 1st year’s remuneration and taxable benefits unless otherwise stated in LOE. 25% of 1st years basic salary unless otherwise stated in LOE.
The above fees shall be payable subject in each case:
- A minimum fee of £5,000; and an automatic uplift of £1,500 if part of the remuneration package includes a vehicle; and Any expenses that the Client obliges MEDIA MEERKAT LTD to incur expressly its instructions to MEDIA MEERKAT LTD from time to time including advertising costs and travel and subsistence expenses reasonably incurred by MEDIA MEERKAT LTD. For a Retained Search under condition 5.1(a) and Advertised Selection under condition 5.1(b), the Client shall pay the appropriate fee with no deduction following the engagement by it of a Candidate. For a Retained Search under condition 5.1 (a) and Advertised Selection under condition 5.1(b), the client shall be invoiced in three stages as follows (Unless otherwise stated in the LOE);
- One third of target salary on commencement of the work One third of target salary on presentation of shortlist Remainder of fee payable on start date of the successful candidate
- For a Retained Search under condition 5.1 (a) and Advertised Selection under condition 5.1(b) should the client terminate the assignment 50% of the next stage following the stage in which the termination occurs will immediately fall due. For a Contingent or Exclusive Search & Selection under condition 5.1(d), the Client acknowledges that the fee structure is constructed to record that MEDIA MEERKAT LTD’ instructions are to search for suitable Candidates for the Client, not merely to introduce to the Client Candidates already on MEDIA MEERKAT LTD’ database as at the date of any instruction from the Client. Accordingly, (subject to condition 5.5) there is no rebate or off-set of fees where either
- A search assignment on these terms is terminated before a suitable Candidate is located or where a Candidate accepts an engagement with the Client but that engagement ceases relatively soon after its commencement. If an engagement term is to be fixed term for less than 12 months, then the fee calculated in accordance with condition 5.1 shall be reduced pro-rata.
- If an engagement is extended beyond an initial fixed term or if the engagement ends but the Client re-engages the same Candidate or another Candidate introduced pursuant to condition 1.1, within 6 months of the end of the initial engagement, the Client shall be liable to pay a further fee (based on the calculation made under Clause 5.1 for the initial engagement) for the subsequent engagement based on the remuneration of that subsequent engagement up to the duration of that subsequent engagement or 12 months from the start of the initial engagement whichever is the shorter.
- 5.9 Notwithstanding the above, the Client will be obliged to pay MEDIA MEERKAT LTD the fee if, within 12 months either of the date of the introduction of a Candidate to the Client or the date of the last interview or meeting to have occurred between the Client and the Candidate, whichever is the later;
a). the Client passes on, refers or discloses details of any Candidate to a third party which third party or connected person (as defined in Regulation 3) then engages that Candidate; or
b). the Candidate introduced to the Client by MEDIA MEERKAT LTD is engaged by a business or person connected with the Client or the people or businesses who own or control the Client.
5.10 The Client shall also pay the fee for a Retained Search if it solicits or entices away from MEDIA MEERKAT LTD or otherwise engages any employee of MEDIA MEERKAT LTD (with whom the Client had direct dealings within the 12 months immediately preceding the date of that employee’s notice of termination of their employment with MEDIA MEERKAT LTD) within 6 months of their effective termination of employment with MEDIA MEERKAT LTD.
5.11 Payment of the applicable fees (and additional fees under condition 5.8) shall be made by the Client within 14 days of the date of MEDIA MEERKAT LTD’ invoice for the same.
5.12 The Client’s failure to pay any fees by the due date shall entitle MEDIA MEERKAT LTD to charge interest at the statutory rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 until payment in full of any sums outstanding under any invoice or judgment.
5.13 The Client will be liable to pay the fee at the projected salary level should the assignment be cancelled.
5.14 The Client will be liable to pay a fee if the assignment is agreed on an exclusive basis and the Client breaks exclusivity.
6 Clarification of other Activities
6.1 MEDIA MEERKAT LTD will not make any charge to the Candidate for any services provided under these terms.
6.2 MEDIA MEERKAT LTD will not give the Client advice concerning whether to make an offer of interview or of employment to any Candidate.
6.3 Subject to condition 4.6, MEDIA MEERKAT LTD will not research the bona fides of a Candidate’s qualifications (academic or professional), achievement or expertise or any other authority, certificate or license a Candidate claims to possess other than to satify its own curiosity and establish relevance.
6.4 It is for the Client to assure itself of a Candidate’s suitability though interview or other selection method and to take up references and otherwise research a Candidate’s background particularly where the Client has a statutory duty to employ persons with particular qualifications, licenses, certificates or clearances, for example, Criminal Records Bureau reports. The Client shall also be responsible for obtaining any necessary work permits or arranging medical examinations or investigating the Candidates history, medical or otherwise.
6.5 MEDIA MEERKAT LTD shall not interview any Candidate other than to assure itself that the Candidate is broadly suitable to be introduced to the Client. It is the Client’s duty to ensure that they pursue the interview and appointment of suitable Candidates through the Client’s knowledge of its own business, its requirements for personnel and its own agenda for succession planning or business development or other criteria, whether that is made known to MEDIA MEERKAT LTD or not.
6.6 To the extent that MEDIA MEERKAT LTD gives any guidance whatsoever to the Client, such guidance will be given from the perspective of MEDIA MEERKAT LTD’s knowledge or experience of the market for candidates similar to the Candidates in the industry in question. Where the Client has no clear idea of the sort of Candidates it wishes to pursue, any guidance that MEDIA MEERKAT LTD gives will be to assist the Client in refining its thinking on the subject and shall not be taken to be the sole or main determinant in the Client’s choice of Candidates for a particular profile which, for the avoidance of doubt, will always be a matter for the Client to decide.
6.7 MEDIA MEERKAT LTD is not authorised to make any binding offer of employment to a Candidate on behalf of the Client and will not make any such offer within the meaning of Regulation 21(1) (b) of the Regulations.
6.8 MEDIA MEERKAT LTD may, as part of its service to the Client, ‘broker’ terms of employment that the Client may be prepared to offer to a Candidate. However, in no circumstances will MEDIA MEERKAT LTD make a final binding offer of employment on behalf of the Client to the Candidate and in all cases the Client is advised to obtain a final binding acceptance from the Candidate to the Client’s offer of employment in writing directly from the Candidate before taking any steps to announce or publicise the Candidate’s expected arrival.
7.1 The Client’s agreement to these terms shall be evidenced by the Client expressly confirming receipt of these terms or, following MEDIA MEERKAT LTD sending or giving a copy of these terms to the Client, by the Client:
a). Accepting the introduction to it of a Candidate by MEDIA MEERKAT LTD; and/or
b). Interviewing (including by telephone) a Candidate introduced by MEDIA MEERKAT LTD; and/or
c). Entering an engagement with a Candidate introduced by MEDIA MEERKAT LTD.
7.2 No variation or alteration of these terms shall be valid or enforceable unless confirmed in writing by a director of MEDIA MEERKAT LTD.
7.3 Either party may terminate this agreement forthwith by giving the other party at least seven days notice of such termination in writing or by any method permitted by Regulation 33.
7.4 If the Client has a complaint arising from the conduct of MEDIA MEERKAT LTD’ obligations under these terms, it should present the complaint, in writing, to a director of MEDIA MEERKAT LTD at its registered office.
7.5 Notwithstanding any other term of these conditions, MEDIA MEERKAT LTD shall not be liable to the Client for any direct, indirect or consequential or other loss, expense or damage suffered or incurred by the Client if MEDIA MEERKAT LTD is unsuccessful in introducing a Candidate to Clients or any particular Client or arising from or in connection with any delay in the introduction of a Candidate to the Client, or in the actual introduction of a Candidate to the Client, or from any engagement arising from an introduction of a Candidate to any Client by MEDIA MEERKAT LTD (liability for death or personal injury due to MEDIA MEERKAT LTD’s negligence being excepted and save as otherwise provided to the contrary by law).
7.6 These terms shall be incorporated and form part of any contract or agreement, whether written or oral under which MEDIA MEERKAT LTD and the Client agrees that MEDIA MEERKAT LTD is to act in the capacity of Employment Agent in relation to the Client. No other terms proffered by any party, including the Client, shall have any effect as between MEDIA MEERKAT LTD and the Client.
7.7 Both parties agree to keep the subject matter of these terms strictly confidential between them and not, apart from MEDIA MEERKAT LTD’ disclosure necessary to meet its obligations, to disclose either the existence or the terms of this arrangement to any other party. This commitment shall not prevent MEDIA MEERKAT LTD from disclosing information received from the Client if MEDIA MEERKAT LTD is obliged to do so in legal proceedings.
7.8 These terms along with LOE where relevant contain the entire agreement in relation to its subject matter between the parties and supersede all other prior written or oral terms, greements, representations or understandings between the parties. MEDIA MEERKAT LTD shall not be liable for any misrepresentation not contained in these terms unless such misrepresentation was made fraudulently.
7.9 All sums are exclusive of VAT or other applicable tax or duty which shall be applied to any invoice at the appropriate rate as and when an invoice is raised.
7.10 No variation of these terms will apply unless such variation is agreed between MEDIA MEERKAT LTD and the Client and, for MEDIA MEERKAT LTD, is approved in a Letter of Engagement (LOE) for example.
7.11 The validity, construction and performance of these terms shall be governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts in writing by a director.
PRODUCERS & DIRECTORS
EXECUTIVE / HEAD OF
ADMIN & MANAGEMENT
VFX & MOTION GRAPHICS
PRE / PRODUCTION
THE RIGHT BACKGROUND
With an enviable ‘little black book’ of contacts, our CEO, Cheryl came straight out of the industry and into sourcing the best talent for some of the UK’s best production talent.
OUR CANDIDATE PLEDGE
To our candidates – we promise not to just be ‘another recruitment agency’ but to nurture and support you throughout your career – whether that’s help with a job now or in the future.
WHAT MAKES US SO DIFFERENT?
With unparalleled service, expertise and industry know how, Media Meerkat was born as a result of a dedication to provide a boutique service and we do this by only representing a handful of roles – it means we’re focused, dedicated and the talent we represent are pretty awesome!