Your fee lives and dies by this document. Before you counter-sign a client's terms of business, run it against these nine points; most disputed fees trace back to one of them.
Rebate: length and what you owe back
How long is the refund window, and is it a full cash refund or a sliding scale? Aim for a replacement or a pro-rated refund on an early leaver, not 100% back.
Transfer or poaching fee
Are you paid if your candidate is later moved to another role, division or group company? Get it in writing.
Liability: capped, not open-ended
Your liability should be capped at the fee value. Refuse uncapped indemnities and open liability.
Fee trigger and fee basis
Is the fee earned on signed contract or start date? Is the percentage on base salary or total package? Define it.
Definition of "introduction" and ownership
Who owns the candidate, and for how long? A vague introduction clause is where disputed fees begin.
Replacement vs refund
Is it your choice or theirs? One free replacement or a sliding-scale refund, know before you sign.
Payment terms and late payment
Clear payment days, an interest rate on late payment and a right to chase. Silence here always costs you.
Termination and notice
How can the client exit and on what notice? Make sure live placements and earned fees survive termination.
Data, confidentiality and governing law
UK GDPR-compliant data sharing, sensible confidentiality, and English law. Read any indemnity you're accepting.
Use this before you sign
Found a red flag? It's almost always negotiable before signature and almost never after. If you'd like a second pair of eyes on a live set of terms, Batiq&Co reviews and redlines client terms of business, usually inside a day.
Book a 30-min consultationBatiq&Co is a commercial compliance and contracts consultancy, not a law firm. General guidance, not regulated legal advice.