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Terms & Conditions

TERMS AND CONDITIONS OF BUSINESS (NON-RETAINED BASIS)

GAMING HEADHUNTERS LIMITED These Terms and Conditions of Business set out the basis on which Gaming Headhunters Limited (“Gaming Headhunters”) provides non-retained services to any business, organization or individual, whether incorporated or not (a “Client”) in relation to the recruitment of staff. A Client is deemed to accept these Terms and Conditions of Business unless Gaming Headhunters expressly agrees to any variation.

1 Definitions

In these Terms and Conditions of Business the following words and expressions shall have the following meanings:

“Applicant” means a person interested in a vacancy with the Client;

“Associated Employer” has the meaning given by Section 231 of the Employment Rights Act 1996;

“Earnings” means the aggregate of the gross amount of the remuneration package that an Applicant will receive or become entitled to in the first year of Engagement with the Client (or Associated Employer) including but not limited to gross salary or fees, guaranteed bonuses, car allowances, employer pension contributions and any other payments or emoluments as may be agreed upon the commencement of the Engagement. (Where the Client provides a company car, a notional amount of £6,000 will be added to the calculation of the Earnings, and where the Client offers private medical insurance cover, a notional amount of £1,500 will be added to the calculation of the Earnings);

“Engagement” means the employment or engagement under any agreement or arrangement for the provision of services of any Applicant;

“Fee” means the respective fees payable by the Client for an Engagement set out at 3 below;

“Introduction” means (a) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to Gaming Headhunters to search for an Applicant or (b) the passing to the Client of a CV or other information (whether orally or in writing) which identifies the Applicant;

“Period” means the period of 12 months following an Introduction;

Where the context admits or requires the singular shall include the plural and the masculine shall include the feminine. 2 Client Obligations

The Client agrees with Gaming Headhunters as follows:

a) to pay the Fees in accordance with these Terms and Conditions; b) to notify Gaming Headhunters in writing forthwith upon the acceptance by an Applicant of an offer of Engagement by the Client or any Associated Employer of an Applicant and to provide Gaming Headhunters with full details of the Applicant’s Earnings; c) an Introduction is deemed to have been effected where Gaming Headhunters sends or provides information relating to an Applicant whether orally or in writing, sufficient to identify him and a Fee will be charged by Gaming Headhunters in respect of each and every resulting Engagement made within the Period howsoever effected and in respect of each and every resulting Engagement made after the expiry of the Period if such Engagement can reasonably be regarded by Gaming Headhunters as having been brought about as a consequence of or resulting from its Introduction; d) an Applicant shall be deemed to have been introduced to the Client exclusively by Gaming Headhunters whether the Applicant was previously known to the Client or not and the Engagement of an Applicant shall be taken to have been solely by reason of that introduction. An Applicant shall not be deemed to have been introduced to the Client exclusively by Gaming Headhunters under this sub-clause 3(d) where the Applicant was not previously known to the Client as a result of an introduction by Gaming Headhunters and the Client can demonstrate that either; the Applicant was introduced by another recruitment business in relation to the role the Applicant is Engaged for, or the Client had taken steps to interview the Applicant for the role before the introduction by Gaming Headhunters.

3 Fees

The fee rates payable by the Client to Gaming Headhunters in respect of an Engagement is the amount that is calculated on the following basis: a) an amount equal to 25% of the Earnings of the Applicant in question subject to a minimum fee in any case of £15,000; or b) in the case of an Applicant remunerated on a commission only basis or where there is no guaranteed remuneration the minimum fee of £15,000 will apply.

The Client shall pay to Gaming Headhunters within 14 days of an Applicant accepting an offer of Engagement by the Client the Fee.

4 References

Unless otherwise agreed in writing with Gaming Headhunters the Client is responsible for: a) obtaining references (including the confirmation of any professional or academic qualification), work permits or security clearances for an Applicant; and b) any health, fitness or other tests required by the Client; and c) verifying the accuracy and bona fides of any following or contacts of an Applicant. In the event that it is agreed between the parties that Gaming Headhunters shall be responsible for conducting psychometric or ability testing of Applicants, the Client shall be responsible for the cost of such testing in addition to the Fee applicable to the Assignment in question.

5 Transferring benefits

The benefit of an Introduction made by Gaming Headhunters is not capable of assignment by a Client and, if a Client passes the benefit of such introduction to any other party resulting in an Engagement of the relevant Applicant by that third party, the Client will be charged a fee in accordance with the terms of clause 3, on the same basis as if the Client had employed or engaged the Applicant.

6 Further Search If an Applicant’s Engagement with the Client is terminated within 12 weeks of commencement of the Engagement (“Termination Period”) or if an Applicant does not commence an Engagement for no reason or fault relating to the Client, then the Client will be entitled to request that Gaming Headhunters undertake a further search for Applicants PROVIDED THAT: a) the Client did not employ or engage the Applicant with the intention or likelihood of terminating his engagement or employment or dispensing with his services without proper cause or with a view to unfairly requiring Gaming Headhunters to undertake a further search; b) the Fee payable by the Client in respect of that Engagement has been duly paid in full in accordance with these Terms and Conditions (for which time shall be of the essence); c) the Client has notified Gaming Headhunters in writing within 7 days of the cessation of the Engagement; d) the Client shall have duly honoured all obligations/commitments made to the Applicant at the time of the Engagement; e) no other sums shall be due and outstanding by the Client to Gaming Headhunters whether relating to the Applicant or otherwise; and f) where the Engagement has been terminated, the reason is the deficient suitability or capability of the relevant Applicant.

In the event that Gaming Headhunters undertakes a further search pursuant to this clause, and in the event that the Client or an Associated Employer re-employs or re-engages the Applicant within a period of 12 months after the date of termination of their original Engagement, then the Client will be charged a fee in accordance with clause 3 in respect of the Engagement. If the Fee in respect of a particular Engagement is more than £20,000, or if the Client agrees to pay a Fee of £20,000 for this purpose when the actual Fee due is less than £20,000, then the Termination Period shall be extended to 24 weeks (and not the 12 weeks that would otherwise apply). In the event that the Client employs or engages an Applicant as a result of the further search undertaken by Gaming Headhunters pursuant to this clause, and the relevant fee calculated in accordance with clause 3 above, would exceed the Fee paid by the Client in respect of the Applicant who either did not start their Engagement or whose Engagement was terminated within the Termination Period, then the Client will be charged a fee in respect of the relevant excess.

7 Liability

Gaming Headhunters, to the fullest extent permitted by law, shall not be liable to the Client for any loss, liability, damage, costs, claims or expense suffered or incurred by the Client arising from or connected with the recruitment or Engagement of any Applicant, however arising; and, subject to the other provisions of these Terms and Conditions, Gaming Headhunters shall endeavour to ensure the suitability of any Applicant introduced to the Client and to maintain a high standard of service and integrity, but Gaming Headhunters, to the fullest extent permitted by law, makes no warranty, representation expressed or implied as to the suitability of any Applicant introduced to the Client or the bona fides of any following or contacts which the Applicant is held out as having. The Client must rely on its own enquiry in these respects with regard to any Applicant introduced to it.

8 Advertising

Where the Client instructs Gaming Headhunters to arrange media advertising, all media costs attributable to such instruction may be invoiced by Gaming Headhunters prior to the scheduled publication date of any relevant advertisement and shall be paid by the Client within 14 days of the invoice date. Should the Client subsequently wish to cancel any media advertising which it has instructed Gaming Headhunters to arrange, Gaming Headhunters shall use its reasonable endeavours to cancel such advertisement with the relevant media publisher. However, Gaming Headhunters shall not be responsible nor liable to the Client (to the fullest extent permitted by law) in the event that such cancellation is not possible. The Client shall be responsible for all costs, cancellation charges etc attributable to such advertising and/or its cancellation (unless otherwise agreed in writing by Gaming Headhunters).

9 Confidentiality

An Applicant’s CV is provided in strict confidence to the Client only for its information and on the basis that the contents are not to be disclosed in any way to any other person without the written consent of Gaming Headhunters. The Client further agrees not to approach an Applicant’s current employer until the Client has made a written offer of Engagement to the Applicant, which has been accepted.

10 General

If at any time after an Introduction is made pursuant to these Terms and Conditions or for a period of 12 months after the relevant Engagement, the Client employs or engages any employee of Gaming Headhunters with whom they had material dealings in the course of any Introduction, the Client shall pay a fee to Gaming Headhunters equivalent to the gross remuneration package of the individual in question (calculated as necessary to include the benefits set out in the definition of Earnings above).

Save as otherwise expressly provided, all monies due hereunder shall be paid by the Client within 14 days of the relevant invoice date. Interest will be payable on overdue sums in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 or at a rate of 4% over the base rate of the Bank of England applicable at the date of the invoice, whichever is the higher.

Gaming Headhunters trade only under these Terms and Conditions, which can be varied only in writing by a Director of Gaming Headhunters. No other agent and no employee of Gaming Headhunters has any authority to alter, vary or qualify these Terms and Conditions in any way. No other terms or conditions whether express or implied form any part of the agreement between the parties.

All amounts payable under these Terms and Conditions are exclusive of VAT which shall be charged at the applicable rate.

If any of these Terms and Conditions are found by any court or body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms and Conditions which shall remain in full force and effect. If any Terms and Conditions are so found to be invalid or unenforceable but would be valid or enforceable if some part of the Terms and Conditions were deleted, the Terms and Conditions in question shall apply with such modification(s) as may be necessary to make them valid and enforceable.

These Terms and Conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.

TERMS AND CONDITIONS OF BUSINESS (RETAINED BASIS)

GAMING HEADHUNTERS LIMITED These Terms and Conditions of Business set out the basis on which Gaming Headhunters Limited (“Gaming Headhunters”) accept assignments from and/or provide retained services to any business, organization or individual, whether incorporated or not (a “Client”) in relation to the recruitment of staff. A Client is deemed to accept these Terms and Conditions of Business unless Gaming Headhunters expressly agrees to any variation.

1 Definitions

In these Terms and Conditions of Business the following words and expressions shall have the following meanings:

“Applicant” means a person interested in a vacancy with the Client;

”Assignment” has the meaning set out in clause 2;

“Associated Employer” has the meaning given by Section 231 of the Employment Rights Act 1996;

“Earnings” means the aggregate of the gross amount of the remuneration package that an Applicant will receive or become entitled to in the first year of Engagement with the Client (or Associated Employer) including but not limited to gross salary or fees, guaranteed bonuses, car allowances, employer pension contributions and any other payments or emoluments as may be agreed upon the commencement of the Engagement. (Where the Client provides a company car, a notional amount of £6,000 will be added to the calculation of the Earnings, and where the Client offers private medical insurance cover, a notional amount of £1,500 will be added to the calculation of the Earnings). If the amount of the Earnings are unspecified Gaming Headhunters and the Client shall use their best endeavours to agree the likely range of the Earnings (“Parameter Figures”) and the Retainer Fee for such an Assignment shall be calculated on the basis of the amount which is exactly half way between the Parameter Figures;

Engagement” means the employment or engagement under any agreement or arrangement for the provision of services of any Applicant;

“Fee” means the respective fees payable by the Client for any Assignment and/or Engagement as set out at 4 below;

“Introduction” means (a) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to Gaming Headhunters to search for an Applicant or (b) the passing to the Client of a CV or other information (whether orally or in writing) which identifies the Applicant;

“Period” means the period of 12 months following an Introduction;

Where the context admits or requires the singular shall include the plural and the masculine shall include the feminine. 2 Assignments

An Assignment is an instruction from a Client for Gaming Headhunters to make Introductions of Applicants to the Client with a view to their Engagement by the Client.

Where Gaming Headhunters commences any work for an Assignment these terms shall apply and Fees shall become due in accordance with clause 4.

3 Client Obligations

The Client agrees with Gaming Headhunters as follows:

a) to pay the Fees in accordance with these Terms and Conditions; b) to notify Gaming Headhunters in writing forthwith upon the acceptance by an Applicant of an offer of Engagement by the Client or any Associated Employer of an Applicant and to provide Gaming Headhunters with full details of the Applicant’s Earnings; c) an Introduction is deemed to have been effected where Gaming Headhunters sends or provides information relating to an Applicant whether orally or in writing, sufficient to identify him and a Fee will be charged by Gaming Headhunters in respect of each and every resulting Engagement made within the Period howsoever effected and in respect of each and every resulting Engagement made after the expiry of the Period if such Engagement can reasonably be regarded by Gaming Headhunters as having been brought about as a consequence of or resulting from its Introduction; d) an Applicant shall be deemed to have been introduced to the Client exclusively by Gaming Headhunters whether the Applicant was previously known to the Client or not and the Engagement of an Applicant shall be taken to have been solely by reason of that introduction; e) that in the event that the Client makes any material change to their instruction to Gaming Headhunters, Gaming Headhunters are entitled to treat such change as being a new Assignment, and charge accordingly, with entitlement to a further Retainer Fee and Shortlist Fee (as defined below);

4 Fees

The fee rates payable by the Client to Gaming Headhunters in respect of an Engagement is the amount that is calculated on the following basis: a) an amount equal to 30% of the Earnings of the Applicant in question subject to a minimum fee in any case of £15,000; or b) in the case of an Applicant remunerated on a commission only basis or where there is no guaranteed remuneration the minimum fee of £15,000 will apply.

A Retainer Fee will be payable by the Client in relation to each individual Assignment and each individual Assignment shall relate to one Engagement by the Client. If the Client provides instructions on more than one potential Engagement a number of Assignments shall be created. The Retainer Fee shall be the amount equal to one third of the Fee (or estimated Fee based on the expected Earnings) that would be charged on a successful Engagement.

A Shortlist Fee will be payable immediately upon the earlier of either (a) receipt by the Client of a shortlist of Applicants pursuant to an Assignment or (b) the arrangement of the interview of the first Applicant introduced by Gaming Headhunters. The Shortlist Fee shall be amount equal to one third of the Fee (or estimated Fee based on the expected Earnings) that would be charged on a successful Engagement.

The Client shall pay to Gaming Headhunters within 14 days of an Applicant accepting an offer of Engagement by the Client the balance of the Fee (being the rate set out above calculated based on the actual Earnings applicable to the Engagement in question and taking account of the Retainer Fee and Shortlist Fee already paid in respect of the Assignment to which that Engagement relates).

The Client shall pay a Fee pursuant to these Terms and Conditions in the event that during the currency of an Assignment, the Client makes an offer of Engagement to any applicant, notwithstanding the fact that the applicant in question may not have been introduced to the Client by Gaming Headhunters. For the avoidance of any doubt, the effect of this clause is to provide that Gaming Headhunters shall be entitled to receive payment of a Fee from the Client upon the acceptance of any offer of Engagement during the currency of an Assignment. The amount payable is the Fee which would have been paid had the applicant been introduced by Gaming Headhunters.

The Client shall pay to Gaming Headhunters the balance of the Fee due (taking into account the prior payment of any Retainer Fee or Shortlist Fee) upon the expiry of the period of 12 months from the date of confirmation by the Client of an Assignment, even if no offer of Engagement has been issued prior to that time, but provided that, within that time, Gaming Headhunters have supplied a search report in relation to the relevant Assignment. The Fee shall be the amount payable on a successful Engagement.

The Client shall pay to Gaming Headhunters reasonable out-of-pocket expenses incurred by Gaming Headhunters in fulfilling the particular instructions of the Client associated with an Assignment (in addition to the applicable Fee). All such expenses to be charged will have been notified to the Client prior to being incurred.

5 References

Unless otherwise agreed in writing with Gaming Headhunters the Client is responsible for: a) obtaining references (including the confirmation of any professional or academic qualification), work permits or security clearances for an Applicant; and b) any health, fitness or other tests required by the Client; and c) verifying the accuracy and bona fides of any following or contacts of an Applicant. In the event that it is agreed between the parties that Gaming Headhunters shall be responsible for conducting psychometric or ability testing of Applicants, the Client shall be responsible for the cost of such testing in addition to the Fee applicable to the Assignment in question.

6 Transferring benefits

The benefit of an Introduction made by Gaming Headhunters is not capable of assignment by a Client and, if a Client passes the benefit of such introduction to any other party resulting in an Engagement of the relevant Applicant by that third party, the Client will be charged a fee in accordance with the terms of clause 4, on the same basis as if the Client had employed or engaged the Applicant.

7 Further Search If an Applicant’s Engagement with the Client is terminated within 12 weeks of commencement of the Engagement (“Termination Period”) or if an Applicant does not commence an Engagement for no reason or fault relating to the Client, then the Client will be entitled to request that Gaming Headhunters undertake a further search for Applicants pursuant to the same Assignment PROVIDED THAT: a) the Client did not employ or engage the Applicant with the intention or likelihood of terminating his engagement or employment or dispensing with his services without proper cause or with a view to unfairly requiring Gaming Headhunters to undertake a further search; b) the Fee payable by the Client in respect of that Engagement has been duly paid in full in accordance with these Terms and Conditions (for which time shall be of the essence); c) the Client has notified Gaming Headhunters in writing within 7 days of the cessation of the Engagement; d) the Client shall have duly honoured all obligations/commitments made to the Applicant at the time of the Engagement; e) no other sums shall be due and outstanding by the Client to Gaming Headhunters whether relating to the Applicant or otherwise; and f) where the Engagement has been terminated, the reason is the deficient suitability or capability of the relevant Applicant.

In the event that Gaming Headhunters undertakes a further search pursuant to this clause, and in the event that the Client or an Associated Employer re-employs or re-engages the Applicant within a period of 12 months after the date of termination of their original Engagement, then the Client will be charged a fee in accordance with clause 4 in respect of the further search that Gaming Headhunters was requested to undertake, as if that were an independent Assignment. If the Fee in respect of a particular Engagement is more than £20,000, or if the Client agrees to pay a Fee of £20,000 for this purpose when the actual Fee due is less than £20,000, then the Termination Period shall be extended to 24 weeks (and not the 12 weeks that would otherwise apply). In the event that the Client employs or engages an Applicant as a result of the further search undertaken by Gaming Headhunters pursuant to this clause, and the relevant fee calculated in accordance with clause 4 above, would exceed the Fee paid by the Client in respect of the Applicant who either did not start their Engagement or whose Engagement was terminated within the Termination Period, then the Client will be charged a fee in respect of the relevant excess.

8 Liability

Gaming Headhunters, to the fullest extent permitted by law, shall not be liable to the Client for any loss, liability, damage, costs, claims or expense suffered or incurred by the Client arising from or connected with the recruitment or Engagement of any Applicant, however arising; and, subject to the other provisions of these Terms and Conditions, Gaming Headhunters shall endeavour to ensure the suitability of any Applicant introduced to the Client and to maintain a high standard of service and integrity, but Gaming Headhunters, to the fullest extent permitted by law, makes no warranty, representation expressed or implied as to the suitability of any Applicant introduced to the Client or the bona fides of any following or contacts which the Applicant is held out as having. The Client must rely on its own enquiry in these respects with regard to any Applicant introduced to it.

9 Advertising

Where the Client instructs Gaming Headhunters to arrange media advertising, all media costs attributable to such instruction may be invoiced by Gaming Headhunters prior to the scheduled publication date of any relevant advertisement and shall be paid by the Client within 14 days of the invoice date. Should the Client subsequently wish to cancel any media advertising which it has instructed Gaming Headhunters to arrange, Gaming Headhunters shall use its reasonable endeavours to cancel such advertisement with the relevant media publisher. However, Gaming Headhunters shall not be responsible nor liable to the Client (to the fullest extent permitted by law) in the event that such cancellation is not possible. The Client shall be responsible for all costs, cancellation charges etc attributable to such advertising and/or its cancellation (unless otherwise agreed in writing by Gaming Headhunters).

10 Confidentiality

An Applicant’s CV is provided in strict confidence to the Client only for its information and on the basis that the contents are not to be disclosed in any way to any other person without the written consent of Gaming Headhunters. The Client further agrees not to approach an Applicant’s current employer until the Client has made a written offer of Engagement to the Applicant, which has been accepted.

11 General

If at any time during the currency of an Assignment pursuant to these Terms and Conditions or for a period of 12 months after the relevant Engagement, the Client employs or engages any employee of Gaming Headhunters with whom they had material dealings in the course of such Assignment, the Client shall pay a fee to Gaming Headhunters equivalent to the gross remuneration package of the individual in question (calculated as necessary to include the benefits set out in the definition of Earnings above).

Save as otherwise expressly provided, all monies due hereunder shall be paid by the Client within 14 days of the relevant invoice date. Interest will be payable on overdue sums in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 or at a rate of 4% over the base rate of the Bank of England applicable at the date of the invoice, whichever is the higher.

Gaming Headhunters trade only under these Terms and Conditions, which can be varied only in writing by a Director of Gaming Headhunters. No other agent and no employee of Gaming Headhunters has any authority to alter, vary or qualify these Terms and Conditions in any way. No other terms or conditions whether express or implied form any part of the agreement between the parties.

All amounts payable under these Terms and Conditions are exclusive of VAT which shall be charged at the applicable rate.

If any of these Terms and Conditions are found by any court or body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms and Conditions which shall remain in full force and effect. If any Terms and Conditions are so found to be invalid or unenforceable but would be valid or enforceable if some part of the Terms and Conditions were deleted, the Terms and Conditions in question shall apply with such modification(s) as may be necessary to make them valid and enforceable.

These Terms and Conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.