Click here for Terms & Conditions for the introduction of permanent staff

Click here for Terms & Conditions for the introduction of temporary staff

Terms & Conditions for the introduction of permanent staff

2.      THE CONTRACT

2.1 These Terms constitute the contract between the Agency  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 Kerry Bonfiglio, Managing Director 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 Company immediately of any offer of an Engagement which it makes to the Applicant,

b) to notify the Agency immediately that it's 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 fee of the Company, 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 above the base rate from time to time of the Bank of England 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 attached Fee Structure on the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable.

Scale of Fees:

Total Remuneration inc. all taxable emoluments per annum   

Up to  £15,000          15%
£15,001 - £20,000    17.5%
£20,001 plus             20%

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 months 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 months 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 8 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Scale of Refund set out in the schedule to these Terms of Business.

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.

Scale of Rebate

For Engagements Terminating During or at the end of	Refund
Weeks 1 - 2	100%
Weeks 3 - 5	50%
Weeks 6 - 8	20%

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 10% of the Remuneration where the annual Remuneration is £20000 or less and 12% of the Remuneration where the annual Remuneration is £20,001 or more.

6.      INTRODUCTIONS

6.1    Introductions of Applicants are confidential.  The disclosure by the Client to a third party of any details regarding an Applicant introduction by the Agency which results in an Engagement with that party within 6 months of the introduction renders the Client liable to payment of the Agency's fee as set out above with no entitlement to any refund.

6.2    An introduction fee calculated in accordance with the 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 actual Remuneration charge is not  know the Agency will charge a fee calculated in accordance with the above clause 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 client and/or comparable positions in the market generally for such positions.

6.4    In the event that any employee of the Agency with whom the Client has had personal dealings accepts an Engagement with the Client within 3 months of leaving the Agency's employment, the Client shall be liable to pay an introduction fee to the Agency in accordance with clause 3.4.

7.      SUITABILITY

7.1  The Agency endeavors 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 has worked within the previous five business days and such information has already been given to the Client.

7.3    The Agency endeavors 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 endeavors 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

7.7    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.      SPECIALIST 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 company 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 it's own negligence.

10.     LAW

These Terms are governed by the law of England & are subject to the exclusive jurisdiction of the Courts of England.

 

Terms & Conditions for the introduction of temporary staff

2.      THE CONTRACT

2.1   These Terms constitute the contract between the Employment Business and the Client for the supply of the Temporary Worker's services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker or the passing of any information about the Temporary Worker 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 Kerry Bonfiglio Director of Appointments Personnel, these Terms prevail over any 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 Employment Business 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.      CHARGES

3.1 The client agrees to pay the hourly charges of the Employment Business as notified to & agreed with the Client.  The hourly charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour) & comprise mainly the Temporary Worker pay but also include Employment Business' commission calculated as a percentage of the Temporary Worker's pay, employers National Insurance contributions and any travel, hotel or other expenses as may have been agreed with the client or, if there is no such agreement, such expenses as are reasonable. VAT is payable on the entirety of these charges.

3.2 The charges are invoiced to the client on a weekly basis and are payable within 14 days.  The Company reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.

3.3 There are no rebates payable in respect of the changes of the Employment Business.

4.      INFORMATION TO BE PROVIDED

4.1    When making an Introduction of a Temporary Worker to the Client the Employment Business shall inform the Client of the identity of the Temporary Worker; that the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Temporary Worker will be employed by the Employment Business under a contract of service or apprenticeship or a contract for services; and that the Temporary Worker is willing to work in the Assignment. 

4.2    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 Temporary Worker is being Introduced for an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.

5.       TIMESHEETS

5.1 At the end of each week, or at the end of the assignment the client shall sign the Employment Business time sheet verifying the number of hours worked by the temporary worker during that week.

5.2 Signature of the timesheet by the client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the Temporary Worker because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Worker.  Failure to sign the time sheet does not absolve the Client's obligation to pay the charges in respect of the hours worked.

5.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the work performed by the Temporary Worker.  In cases of unsuitable work the Client should apply the provisions of clause 10.1 below.

6.      PAYMENT OF THE TEMPORARY WORKER

6.1 The Employment Business assumes responsibility for paying the Temporary Worker   and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.

7.      INTRODUCTION FEES

7.1 Where there has been a supply of a worker.

7.1.1 In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business either (1) directly or (2) pursuant to being supplied by another employment business, during the assignment or within whichever is the longer of either
•    14 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the 'first Assignment' for these purposes); or
•    8 weeks from the day after the last day the Temporary Worker worked on the Assignment.
The Client shall be liable, to either an extended period of hire or a Transfer Fee the length or amount of which is to be agreed between the Employment Business and the client.  

7.1.2 The Client must give the Employment Business 7 days written notice in advance of the Engagement of whether it has elected to take the period of extended hire.

7.1.3 If the client does not give such notice before the Temporary Worker is engaged the parties agree that the Transfer Fee shall be due.

7.1.4 If the parties do not agree a period of extended hire or a Transfer Fee in accordance with 7.1.1 then the following shall be deemed to have been agreed;
•    The length of the extended period of hire shall be 13 weeks during which the client shall pay the current hourly charge agreed for each hour the temporary worker is so employed or supplied. Or
•    The amount of the Transfer fee shall be 15% of the remuneration applicable during the first 12 months of the engagement or if the actual amount of the remuneration is not know the hourly charge agreed multiplied by 250 hours. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

7.2 Where there has been an introduction but no supply

7.2.1 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but which leads to an Engagement by the
Client of the Temporary Worker by the Client either (1) directly or (2) pursuant to being supplied by another employment business within 6 months of the date of the Introduction the Client shall be liable, to either a period of hire or an Introduction Fee the length or amount of which is to be agreed between the Employment Business and the Client.

7.2.2 The Client must give the Employment Business 7 days' written notice in advance of the Engagement if the Client elects to take the worker for the period of hire.

7.2.3 If the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Introduction Fee shall be due.

7.2.4 If the parties do not agree a period of extended hire or an Introduction Fee in accordance with 7.2.1 then the following shall be deemed to have been agreed;
a)    The length of the period of hire shall be 13 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3.1 for each hour the Temporary Worker is so employed or supplied. or
b)    The amount of the Transfer fee shall be 15% of the Remuneration applicable
during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 300 times the hourly charge. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

7.3 In the event that the Engagement of the Temporary Worker is for a fixed term of less than 12 months, the fee in clause 7.1.1(b) or 7.2.1(b), calculated as a percentage of the Remuneration, will apply prorate. If the Engagement is extended beyond the initial fixed term or of the Client re-engages the Temporary Worker within 3 months of the 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, whatever is sooner.

7.4 Inability to supply during the period of hire.

7.4.1 If the client elects for a period of hire, as set out above in clause 7.1 & 7.2, but before the end of such period Engages the Temporary Worker supplied by the Employment Business either directly or pursuant to being supplied by another employment business or the Temporary Worker chooses not to be supplied for the period of hire, the Transfer or Induction Fee set out in clauses 7.1 or 7.2 may be charged, reduced by such percentage to reflect any period of extended hire already undertaken by the Temporary Worker and paid for by the Client.

7.4.2 Where periods of absence due to illness or injury prevent the Temporary Worker from being employed or supplied for 4 or more days, which shall be qualifying days for the purposes of Statutory Sick Pay (SSP), during the period of hire as set our above, the period of hire shall be extended by a period equivalent to the total period of absence. Where the Employment Business pays the Temporary Worker SSP during the period of hire an equivalent amount shall be charged to and payable by the client in addition to the charges agreed pursuant to clause 3.1

7.5 Where there has been Introduction to and Engagement by a Third Party

7.5.1 In the event that the Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within either;
•    14 weeks from the start of the first Assignment (the first Assignment being each new assignment where there has been a break of more than 42days (6 weeks) since the end of the previous Assignment); or
•    8 weeks from the day after the last day the Temporary Worker worked on the Assignment the Client shall be liable, to pay a Transfer Fee the length of which is to be agreed between the Employment Business and the Client.
7.5.2 If the parties do not agree a Transfer Fee in accordance with 7.5.1 then the Client will be liable to pay a Transfer Fee calculated in accordance with clause 7.1.4(b) above.

7.6 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but the Temporary Worker is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within 6 months from the date of Introduction the Client shall be liable, to an Introduction Fee calculated in accordance with clause 7.2.4(b) above. 

8.      LIABILITY

8.1 Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client's booking details, the Employment Business is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker.  For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.

8.2  Temporary Workers engaged by the Employment Business under contracts for services are deemed to be under the supervision, direction and control of the Client from the time the worker reports to take up duties and for the duration of the assignment and the Client agrees to be responsible for all acts, errors or omissions be they willful, negligent or otherwise as though the worker were on the payroll of the Client and the Client will in all respects comply with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health & Safety at Work Act, by-laws, codes of practice and legal requirements to  which the Client is ordinarily subject in respect of the Client's own staff, including in particular  the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all assignments.

8.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment.  The Client will assist the Employment Business in complying with the Employment Business' duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations.  Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Employment Business of this requirement before the commencement of that week.

8.4 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.

8.5 The client undertakes not to request the supply of a Temporary Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed someone who has been transferred by the client to perform the duties of the person on strike or taking official industrial action.

8.6 The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 8.2 and 8.3 and/or as a result of any breach of these Terms by the Client.

9.      SPECIAL SITUATIONS

Where the Temporary Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment 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 employment business will take all reasonably practicable steps to obtain and offer to provide to the Client:
•    Copies of any relevant qualifications or authorisations of the Temporary Worker, and
•    Two references from persons not related to the Temporary Worker   who has agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Temporary Worker is suitable for the Assignment.  If the Employment Business 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. 

10.     TERMINATION

10.1 The Client undertakes to supervise the temporary Worker(s) sufficiently to ensue the Client's satisfaction with the Temporary Worker's standards of workmanship.  If the Client reasonably considers that the service of the Temporary Worker is unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing the Employment Business to remove the Temporary Worker.  The Employment Business may, in such circumstances, reduce or received: reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates: -
a) Within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or
b) Within two hours for bookings of seven hours or less;
And also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.

10.2 Any of the Client, the Employment Business or the temporary Worker may terminate an Assignment at any time without prior notice and without liability.

10.3 The Client shall notify the Employment Business immediately and without delay and in any event with 24 hours if the Temporary Worker fails to attend work or notifies the Client that he is unable to attend work for any reason.

10.4 The Employment Business shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment under the provisions of clause 10.2.

11.     LAW

These Terms are governed by the law of England & are subject to the exclusive jurisdiction of the Courts of England.