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| WORKFORCE SOLUTION - BUSINESS TERMS & CONDITIONS ... |
CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR
CONTRACT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT
1. DEFINITIONS
1.1 In these Terms of Business the following definitions
apply:
"Applicant" - means the person introduced by the Agency to the Client for an
Engagement including any officer or employee of the Applicant if the Applicant
is a limited company and members of the Agency's own staff;
"Client" - means the person; firm or corporate body together with any subsidiary
or associated Company as defined by the Companies Act 1985 to which the Applicant
is introduced;
"Agency" - means Workforce Solution Limited of ...
Eden House, 62-68 Eden Street , Kingston Upon Thames , KT1 1EL;
"Engagement" -
means the engagement, employment or use of the Applicant by the Client or any
third party on a permanent or temporary basis, whether under a contract of service
or for services; under an agency, licence, franchise or partnership agreement;
or any other engagement; directly or through a limited company of which the Applicant
is an officer or employee;
"Introduction" - means (i) the Client's interview of an Applicant in person or
by telephone, following the Client's instruction to the Agency to search for
an Applicant; or (ii) the passing to the Client of a curriculum vitæ or
information which identifies the Applicant; and which leads to an Engagement
of that Applicant;
"Remuneration" -
includes base salary or fees, guaranteed and/or anticipated bonus and commission
earnings, allowances, inducement payments, the benefit of a company car and all
other payments and taxable (and, where applicable, non-taxable) benefits payable
to or receivable by the Applicant for services rendered to or on behalf of the
Client. Where the Client provides a company car, a notional amount of £2500.00
will be added to the salary in order to calculate the Agency's fee.
1.2 Unless the context requires otherwise, references
to the singular include the plural.
1.3 The headings contained in these Terms of Business
are for convenience only and do not affect their interpretation. |
2. THE CONTRACT
2.1. These Terms constitute the contract between the Agency
and the Client and are deemed to be accepted by the Client by virtue of an Introduction
to, or the Engagement of an Applicant or the passing of any information about
the Applicant to any third party following an Introduction.
2.2 These terms contain the entire agreement between the parties and unless
otherwise agreed in writing by an employee of the Agency, these Terms of Business
prevail over any other terms of business or purchase conditions put forward by
the Client.
2.3 No variation or alteration to these Terms shall
be valid unless the details of such variation are agreed between the Agency and
the Client and are set out in writing and a copy of the varied terms is given
to the Client stating the date on or after which such varied terms shall apply. |
3. NOTIFICATION & FEES
3.1 The Client agrees:
A] To notify the Agency immediately of any offer of an Engagement
which it makes to the Applicant;
B] To notify the Agency immediately that its offer of an Engagement
to the Applicant has been accepted and to provide details of the Remuneration
to the Agency; and
C] To pay the Agency's fee within 14 days of the date of invoice.
3.2 Except in the circumstances set out in clause 5.1 below, no
fee is incurred by the Client until the Applicant commences the Engagement , when
the Agency will render an invoice to the Client for its fees.
3.3 The Agency reserves the right to charge interest on invoiced
amounts unpaid for more than 14 days at the rate of 8% per annum from the due
date until the date of payment.
3.4 The fee payable to the Agency by the Client for an Introduction
resulting in an Engagement is calculated in accordance with the following Fee
Structure on the Remuneration applicable during the first 12 months of the Engagement.
VAT will be charged on the fee if applicable.
| REMUNERATION |
PERMANENT INTRO FEE |
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|
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| Up to £14,999 |
15% |
|
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| up to £19,999 |
17.5% |
|
|
|
| £20,000 - £35,000 |
20% |
|
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| £35,000 + |
25% |
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3.5 In the event that the Engagement is for a fixed term of less than 12 months,
the fee in clause 3.4 will apply pro-rata. If the Engagement is extended beyond
the initial fixed term or if the Client re-engages the Applicant within 6 calendar
months from the date of termination of the first Engagement the Client shall
be liable to pay a further fee based on the additional Remuneration applicable
for the period of Engagement following the initial fixed term up to the termination
of the second Engagement or the first anniversary of its commencement, whichever
is the sooner.
3.6 If the Client subsequently engages or re-engages the Applicant within the
period of 6 calendar months from the date of termination of the Engagement or
withdrawal of the offer, a full fee calculated in accordance with clause 3.4
above becomes payable. |
4. REFUNDS
4.1 In order to qualify for the following refund, the Client must
pay the Agency's fee within 14 days of the date of invoice and must notify the
Agency in writing of the termination of the Engagement within 7 days of its termination.
4.2 If the Engagement terminates before the expiry of 12 weeks from
the commencement of the Engagement except where the Applicant is made redundant
the fee will be refunded in accordance with the Scale of Refund set out below:
| PERIOD OF EMPLOYMENT REBATE |
|
| Not exceeding 2 weeks |
100% |
|
|
|
| Not exceeding 4 weeks |
75% |
|
|
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| Not exceeding 6 weeks |
50% |
|
|
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| Not exceeding 12 weeks |
25% |
|
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| 12 weeks + |
0% |
|
|
4.3 In circumstances where clause 3.6 applies the full fee stated
in clause 3.4 is payable and there shall be no entitlement to a refund. |
5. CANCELLATION FEE
5.1 If, after an offer of Engagement has been made to the Applicant, the Client
decides for any reason to withdraw it, the Client shall be liable to pay the
Agency a minimum fee of £500.00. |
6. INTRODUCTION
6.1 Introductions of Applicants are confidential.
The disclosure by the Client to a third party of any details regarding an Applicant
introduced by the Agency which results in an Engagement with that third party
within 6 months of the Introduction renders the Client liable to payment of the
Agency's fee as set out in clause 3.4 with no entitlement to any refund.
6.2 An introduction fee calculated in accordance with clause 3.4
will be charged in relation to any Applicant engaged as a consequence of or resulting
from an introduction by or through the Agency, whether direct or indirect, within
6 months from the date of the Agency's Introduction.
6.3 Where the amount of the actual Remuneration is not known the
Agency will charge a fee calculated in accordance with clause 3.4 on the minimum
level of remuneration applicable for the position in which the Applicant has
been engaged with regard to any information supplied to the Agency by the Client
and/or comparable positions in the market generally for such positions. |
7. SUITABILITY & REFERENCES
7.1 The Agency endeavours to ensure the suitability of
any Applicant introduced to the Client by obtaining confirmation of the Applicant's
identity; that the Applicant has the experience, training, qualifications and
any authorisation which the Client considers necessary or which may be required
by law or by any professional body; and that the Applicant is willing to work
to work in the position which the Client seeks to fill.
7.2 At the same time as proposing an Applicant to the
Client the Agency shall inform the Client of such matters in clause 7.1 as they
have obtained confirmation of . Where such information is not given in paper
form or by electronic means it shall be confirmed by such means by the end of
the third business day (excluding Saturday, Sunday and any public or Bank holiday)
following save where the Applicant is being proposed for a position which is
the same as one in which the Applicant ha s worked within the previous five business
days and such information has already been given to the Client.
7.3 The Agency endeavours to take all such steps as are
reasonably practicable to ensure that the Client and Applicant are aware of any
requirements imposed by law or any professional body to enable the Applicant
to work in the position which the Client seeks to fill.
7.4 The Agency endeavours to take all such steps as are
reasonably practicable to ensure that it would not be detrimental to the interests
of either the Client or the Applicant for the Applicant to work in the position
which the Client seeks to fill.
7.5 Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 above the Client
shall satisfy itself as to the suitability of the Applicant and the Client shall
take up any references provided by the Applicant to it or the Agency before engaging
such Applicant. The Client is responsible for obtaining work permits and/or such
other permission to work as may be required, for the arrangement of medical examinations
and/or investigations into the medical history of any Applicant, and satisfying
any medical and other requirements, qualifications or permission required by
law of the country in which the Applicant is engaged to work.
7.6 To enable the Agency to comply with its obligations under
clauses 7.1, 7.2, 7.3 and 7.4 above the Client undertakes to provide to the Agency
details of the position which the Client seeks to fill, including the type of
work that the Applicant would be required to do; the location and hours of work;
the experience, training, qualifications and any authorisation which the Client
considers necessary or which are required by law or any professional body for
the Applicant to possess in order to work in the position; and any risks to health
or safety known to the Client and what steps the Client has taken to prevent
or control such risks. In addition the Client shall provide details of the date
the Client requires the Applicant to commence, the duration or likely duration
of the work; the minimum rate of remuneration, expenses and any other benefits
that would be offered; the intervals of payment of remuneration and the length
of notice that the Applicant would be entitled to give and receive to terminate
the employment with the Client. |
8. SPECIAL SITUATIONS
8.1 Where the Applicant is required by law, or any professional body
to have any qualifications or authorisations to work in the position which the
Client seeks to fill; or the work involves caring for or attending one or more
persons under the age of eighteen, or any person who by reason of age, infirmity
or who is otherwise in need of care or attention, the Agency will take all reasonably
practicable steps to obtain and offer to provide copies of any relevant qualifications
or authorisations of the Applicant, two references from persons not related to
the Applicant who have agreed that the references they provide may be disclosed
to the Client and has taken all reasonably practicable steps to confirm that
the Applicant is suitable for the position. If the Agency is unable to do any
of the above it shall inform the Client of the steps it has taken to obtain this
information in any event. |
9. LIABILITY
9.1 The Agency shall not be liable under any circumstances
for any loss, expense, damage, delay, costs or compensation (whether direct,
indirect or consequential) which may be suffered or incurred by the Client arising
from or in any way connected with the Agency seeking an Applicant for the Client
or from the Introduction to or Engagement of any Applicant by the Client or from
the failure of the Agency to introduce any Applicant. For the avoidance of doubt,
the Agency does not exclude liability for death or personal injury arising from
its own negligence. |
10. LAW
10.1 These Terms are governed by the law of England & Wales
and are subject to the exclusive jurisdiction of the Courts of England & Wales. |
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