2. You may refer a Candidate to Winberg Associates by providing their name, current position and employer, contact telephone number and email address. You must ensure that the Candidate has expressly consented to You providing their details to Winberg Associates.
3. The Referral Fee shall only be payable in respect of Candidates who are referred by You and who:
o are not already registered in Winberg Associates’ database of Candidates;
o have had no direct contact with Winberg Associates in the 12 month period prior to such referral;
o have not already been referred to Winberg Associates by a third party; and
o are placed into a permanent role by Winberg Associates within 6 months of You making the referral.
4. Payment of the Referral Fee shall be conditional upon:
o the Candidate completing their probationary period and, if applicable, any refund guarantee period agreed betweenthe Client and Winberg Associates;
o the Client making payment to Winberg Associates for the Candidate’s placement; and
o there being no conflict of interests caused by You making the referral to Winberg Associates.
5. Subject to clause 6, the Referral Fee shall be £500 in John Lewis vouchers or such alternative type of vouchers as Winberg Associates may specify from time to time. No cash alternative shall be available.
6. Where Winberg Associates gives to the Client a full or partial refund or rebate of its fee for the placement of the Candidate, the Referral Fee shall be reduced pro-rata.
7. Winberg Associates shall confirm the Referral Fee which is due to You, if any, and shall pay the Referral Fee to You within 28 days of providing such confirmation.
8. You shall be responsible for:
o any tax liability arising on the Referral Fee; and
o notifying your employer of the Referral Fee if you are contractually, ethically or legally required to do so.
9. The Scheme is not open to:
o employees of Winberg Associates, their families or close associates; or
o any company or commercial enterprise, whether or not it is involved in the business of introducing Candidates.
10. In the event of any query or dispute arising in relation to these Terms, Winberg Associates’ decision shall be final and Winberg Associates shall be under no obligation to enter into any further correspondence in respect of its decision.
11. To the extent permitted by law, the aggregate liability of Winberg Associates in respect of any claim or series of claims arising out of or in connection with these Terms shall be limited to the value of the Referral Fee.
12. Winberg Associates reserves the right to amend or withdraw this Scheme at any time and without notice.
13. These Terms shall be interpreted in accordance with English law and the Courts of England & Wales shall have jurisdiction in respect of any matter arising in relation to the construction, performance and interpretation of these Terms.