5.1 The Client shall pay the Provider the fee specified in the Order (the “Fee”).
5.2 If a Retainer model applies, it includes up to a certain number Candidate placements specified in the Order within the agreed Fee. Any additional placements beyond this limit shall be subject to a success fee specified in the Order. If the Client does not utilize all the placements from the Retainer model within the Term the unused roles will not be carried over, credited, or refunded.
5.3 The placement of managerial or senior-level positions is excluded from the Fee and is subject to a success fee specified in the respective Order.
5.4 If a Candidate placed under the Retainer model leaves the position within three (3) months after the start of the Employment, the Provider will offer the Client a one-time per role replacement Candidate at no additional charge, provided that the departure was not due to redundancy, company restructuring, the Client’s breach of employment terms, or any other reason beyond the Provider’s control. This provision does not apply if the employment ends during the probationary period based on the Client’s decision.
5.5 If a Candidate placed outside of the Retainer model leaves the position within a defined period after the start of the Employment, the Client may be eligible for either a partial refund or a one-time per role replacement Candidate only if agreed between the parties in the Order and provided that the departure was not due to redundancy, company restructuring, the Client’s breach of employment terms, or any other reason beyond the Provider’s control.
Alternatively, the Client may opt for a replacement Candidate, with costs adjusted on a pro-rata basis, subject to the Provider’s approval.
5.6 If a Client hires any candidate introduced by Finlay outside of an active agreement—including after a contract has expired or before a renewal is signed—Finlay reserves the right to charge a placement fee equal to 22.5% of the candidate’s gross annual salary, payable upon the candidate’s agreed start date. (This may or may not apply in cases where Finlay has begun sourcing or candidate discussions in good faith ahead of a signed agreement, as such efforts are typically incorporated into the subsequent contract at Finlay’s discretion.)For the avoidance of doubt, clients with an active agreement are subject only to the retainer pricing and placement terms defined in their Order.
5.7 The invoices will be sent to the Client's email as specified in the Order. The payment term is 30 days unless otherwise specified in the Order. Late payments will accrue interest at a rate of 1.5% per month or the maximum permitted by law, whichever is lower.
5.8 The Fee is exclusive of any applicable taxes, including but not limited to value-added tax (VAT), which will be applied as required by law. If the Provider must collect and remit such taxes, the Client shall pay the applicable amount in addition to the Fee.
5.9 If the Client or a third party engaged by the Client collaborates on any part of the Service provision, the Client will bear any resulting costs unless otherwise agreed in the Order.
5.10 The Client acknowledges and agrees that all fees paid under the Agreement, including but not limited to the annual retainer Fee and any success fees, are non-refundable unless specified otherwise in the Order. This non-refundability applies notwithstanding any termination of the Agreement or any Order, except as otherwise expressly provided in Sections 5.4 and 5.5 regarding replacement Candidates or partial refunds under specific conditions. The Client further agrees that any unused placements under the Retainer model will not be carried over, credited, or refunded.
