Terms of Business 2025
Frisch Search and the Client hereby agree as of the date these terms are signed, to the following Terms and Conditions in connection with the services described below.
A. Services
Frisch Search is exclusively retained by the Client to carry out a project/(s) involving executive search and leadership consulting services for the position(s) described in the Engagement Letter. Frisch Search’s services shall be provided in four phases, as follows:
- Providing leadership consulting services, helping the client to scope their requirements through developing a deep understanding the Client’s needs regarding the position(s) to be recruited for.
- Identifying and engaging potential candidates to fill such position(s).
- Establishing a shortlist of candidates for the position(s) for presentation to the Client, assisting the Client in the final selection of a candidate from the shortlist and providing services in connection with an offer made to any such candidate.
- Supporting the client to appoint and onboard the successful candidate.
B. Fees
Frisch Search will charge an Executive Search Fee for these services for each project. Our standard fee is calculated a 30%-33% of the remuneration package payable to the candidate in the 1st year of employment or a fixed fee.
- Retainer Fee: Invoiced upon the signing of the engagement letter and commencement of the project. This Retainer Fee is non-refundable
- Second Stage Fee: Invoiced 45 days after commencement of the project. This fee is non-refundable. If the project is cancelled by the Client for reasons outside Frisch Search’s control prior to the 45-day milestone, this Second Stage Fee will be paid in full by the Client.
- Third Stage Fee: Invoiced 90 days after commencement of the project. This fee is non-refundable. If the project is cancelled by the Client for reasons outside Frisch Search’s control, after the 45-day milestone but prior to the 90-day milestone, this Third Stage Fee will be paid in full by the Client.
- 4. Final Fee: Invoiced 100 days after the candidate commences their role with the client.
C. General Conditions
1. Validity of Introduction An Executive Search Fee calculated in accordance with section B above will be payable by the Client in relation to any candidate engaged for the position(s) outlined in the Engagement Letter as a consequence of or resulting from an introduction by Frisch Search (within 12 months of such introduction) under the terms of this project. If any candidate is hired for a position not specified in the Engagement Letter as a consequence of or resulting from an introduction by Frisch Search (within 12 months of the first meeting or introduction) under the terms of this search, Frisch Search will charge a further fixed fee equal to 50% of the specified Executive Search Fee. Should a candidate be hired having been introduced on a speculative basis, Frisch Search will charge an additional fixed fee equal to 50% of the specified Executive Search fee. If an applicant is introduced to the Client with a view to a permanent appointment and the Client (or an associated business) employs or engages them for any other project (freelance or contract work), the Client will pay Frisch Search an additional fixed fee (or pro-rata fixed fee) equal to 50% of the fee specified in the Engagement Letter.
2. Guarantee
If a recruited candidate leaves the Client’s employment within the 6-month period from the commencement date, Frisch Search will endeavour to provide a free replacement, provided that: (a) the applicable fee (stages 1-4) with respect to the candidate is settled in full in accordance with these Terms; (b) notification, specifying the date of and reason for the termination has been given in writing to Frisch Search within seven days of termination; and (c) the candidate leaves the Client’s employment for personal reasons or reasons connected with their competence or and not for any other reasons including, but not limited to, changes to the reporting structure or scope of the position, redundancy, layoffs or downsizing or any internal reorganisation of the Client’s business.
3. Payment
All fees are subject to local sales tax to the extent required by law, and any such taxes will be stated on invoices and are payable by the Client. All invoices submitted by Frisch Search are payable within 30 days. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, a charge of 8% above the Bank of England base rate will be applied to any overdue invoices. Interest will accrue daily from the due date until full payment is received.
4. Termination
If the project is cancelled by the client for any reason outside the control of Frisch Search, then the next stage fee will automatically be invoiced and become payable. If a project is put on hold for over 30 days, it will be considered as cancelled for billing purposes and the next stage fee will automatically be invoiced and become payable.
5. Expenses
In addition to the above fees, Frisch Search will charge for any travel and accommodation costs incurred in relation to the project. Candidate expenses in relation to the project will also be charged. They will be invoiced separately and will need to be pre-approved by the client before incurring.
6. General Liability
All information supplied to the Client regarding candidates is provided to Frisch Search by the candidates in the form of CVs and interviews. Frisch Search delivers that information in good faith and accepts no responsibility for any inaccuracies.
Frisch Search will use all reasonable efforts to identify candidates it considers are suitable and obtain references. However, it is incumbent on the Client to satisfy itself as to the appropriateness of any candidate. Frisch Search, its directors, investors, employees and agents accept no responsibility for any loss, damage, costs or compensation, however caused or of whatever nature which the Client may suffer or for which the Client may become liable arising out of, or in respect of, the Client’s engagement of a candidate. Any liability for both Frisch Search and the Client will be limited to the level of each party’s professional Indemnity Insurance
7. Confidentiality
Introductions are strictly confidential, and any assessment reports, candidate lists, or other information supplied in connection with this project are for the exclusive use of the Client and constitute confidential information of Frisch Search, which shall be returned on request.
8. Right to Publicise
Following the successful completion of each project, Frisch Search may, at its option and expense, claim appropriate credit for its services, including publishing on its website and/or sharing in such media as it may select. We will ask for this to be signed off by the client in advance.
9. Data Protection
The parties acknowledge and agree that:
They shall constitute joint data controllers in respect of the personal data of candidates and prospects that may be exchanged between them. Personal data may include contact details, CVs, references and other information provided directly by the data subject or otherwise collated about them for the purposes of assessing their suitability for a position. Each party shall be responsible for complying with all applicable data protection laws relevant to its own processing of the personal data concerned. Each party shall ensure that they take appropriate technical and organisational measures to safeguard the security of the personal data in its possession and control.
They will cooperate in relation to any exercise by a data subject of its rights in relation to the personal data that may be held by both parties and shall each ensure that its own processing activities are communicated to the relevant data subjects in accordance with applicable law. Neither party shall retain the personal data for longer than is necessary for its purpose (unless otherwise required or permitted by law).
10. Governing Law and Jurisdiction
This Agreement is governed by and shall be construed in accordance with, the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales. This agreement may be signed in separate counterparts, each of which shall be deemed an original, but taken together shall constitute one instrument. Delivery of an executed signature page by PDF file attached to an email has the same effect as an original signature page.
11. Entire Agreement
These Terms and Conditions are the complete and entire agreement of the parties and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this subject matter.
12. Survival
Upon the expiration or termination of these Terms and Conditions, the rights and obligations of Frisch Search and the Client will survive to the extent necessary to carry out the intentions of Frisch Search and the Client as stated in these Terms and Conditions.
