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FOR THE INTRODUCTION AND SUPPLYING
OF TEMPORARY STAFF
1 DEFINITIONS
In these Terms of Business the following definitions apply:
“Assignment” means the period during which the Temporary Worker
is supplied to render services to the Client;
“Client” means the person, firm or corporate body together
with any subsidiary or associated company as defined by the Companies
Act 1985 to whom the Temporary Worker is supplied or introduced;
“The Employment Business” means Elite Recruitment Solutions
Limited of 17-18 Abbey Street Nuneaton Warwickshire CV11 5DR;
“Engages/Engaged/Engagement” means the engagement, employment
or use of the Temporary Worker directly by the Client or any third party
or through any other employment business on a permanent or temporary basis,
whether under a contract of service or for services; an agency, license,
franchise or partnership arrangement; or any other engagement; directly
or through a limited company of which the Temporary Worker is an officer
or employee
“Temporary Worker” means the individual who is introduced
by the Employment Business to render services to the Client.
“Transfer Fee” means the fee payable in accordance with clause
7.1 below and Regulation 10 of the Conduct of Employment Agencies and
Employment Businesses Regulations 2003.
“Introduction Fee” means the fee
payable in accordance with clause 7.2 below and Regulation 10 of the Conduct
of Employment Agencies and Employment Businesses Regulations 2003.
“Introduction” means (i) the Client’s interview
of a Temporary Worker in person or by telephone, following the Client’s
instruction to the Employment Business to supply a Temporary Worker; or
(ii) the passing to the Client of a curriculum vitae or information which
identifies the Temporary Worker; and which leads to an Engagement of that
Temporary Worker.
“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) emoluments payable to or receivable by
the Temporary Worker for services rendered to or on behalf of the Client
or any third party. Where a company car is provided, a notional amount
of [specify] will be added to the salary in order to calculate the Employment
Business’ fee.
Unless the context otherwise requires, references to the singular include
the plural.
The headings contained in these Terms are for convenience only and do
not affect their interpretation.
2 THE CONTRACT
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.
These Terms contain the entire agreement between the parties and unless
otherwise agreed in writing by the Proprietor of the Employment Business,
these Terms prevail over any terms of business or purchase conditions
put forward by the Client.
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 such hourly charges of the Employment
Business as shall be notified to and 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) and comprise mainly of
the Temporary Worker’s pay but also include the Employment Business’
commission calculated as a percentage of the Temporary Worker’s
pay, employer’s 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, if applicable,
is payable on the entirety of these charges.
The charges are invoiced to the Client on a weekly basis and are payable
within 14 days. The Employment Business reserves the right to charge interest
on any overdue amounts at the rate of 3% per month 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 charges of the Employment
Business.
4 INFORMATION TO BE PROVIDED
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.
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 of an Assignment (or at the end of
the Assignment where it is for a period of one week or less) 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 time sheet 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. TRANSFER AND INTRODUCTION FEES
7.1 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, within either,
The duration of the Assignment; or 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 42 days (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 either:
a) Subject to electing upon giving 7 days notice, an extended period of
hire calculated in proportion to the number of weeks the Temporary Worker
has been supplied to the client prior to the notice date in accordance
with the accompanying schedule of extended hire periods set out below,
during which the Client shall pay the charges agreed pursuant to clause
3.1 above for each hour the Temporary Worker is so employed or supplied;
or
b) A Transfer Fee calculated as a percentage of the Remuneration applicable
during the first 12 months of the Engagement, less any rebate applicable
calculated in accordance with the accompanying schedule of Transfer Fee
rebates, or, if the actual amount of the Remuneration is not known, the
hourly charges agreed pursuant to clause 3.1 multiplied by two hundred
and fifty times, a figure which would equate to 20% of the annual remuneration
less any rebate applicable calculated in accordance with the accompanying
schedule of Transfer Fee rebates. 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 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 either directly or pursuant to being
supplied by another employment business within 6 months the Client shall
be liable, to either:
a) Subject to electing upon giving 7 days notice, a period of hire of
the Temporary Worker being 12 weeks during which the Employment Business
shall be entitled to the charges agreed pursuant to clause 3.1 above for
each hour the Temporary Worker is so employed or supplied; or
b) An Introduction Fee calculated as follows: 20% 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 referred to
in clause 3.1 multiplied by two hundred and fifty a figure which would
equate to 20% of the annual remuneration. No refund of the Introduction
Fee will be paid in the event that the Engagement subsequently terminates.
VAT is payable in addition to any fee due.
c) There are no rebates or reductions of extended periods in respect of
charges arising under clauses 7.2 a) and 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 supplied by the Employment Business are engaged
under contracts for services. They are not the employees of the Employment
Business but are deemed to be under the supervision, direction and control
of the Client from the time they report to take up duties and for the
duration of the Assignment. The Client agrees to be responsible for all
acts, errors or omissions of the Temporary Worker, whether wilful, negligent
or otherwise as though the Temporary Worker was on the payroll of the
Client. The Client will also comply in all respects with all statutes
including, for the avoidance of doubt, the Working Time Regulations, Health
and Safety At Work Act etc, by-laws, codes of practice and legal requirements
to which the Client is ordinarily subject in respect of the Client’s
own staff (excluding the matters specifically mentioned in Clause 6 above),
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 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
9.1 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 have 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 sufficiently
to ensure the Client’s satisfaction with the Temporary Worker’s
standards of workmanship. If the Client reasonably considers that the
services of the Temporary Worker are 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 cancel the charges for the time worked by that Temporary Worker,
provided that the Assignment terminates: -
Within four hours of the Temporary Worker commencing the Assignment where
the booking is for more than seven hours; or 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 within 24 hours if the Temporary Worker fails to
attend work or notifies the Client that the Temporary Worker 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.
10.5 No variation can be made to these terms without the written consent
of the Principal of the Company
11. LAW
11.1 These Terms are governed by the law of England & Wales
and are subject to the exclusive jurisdiction of the Courts of England
& Wales
TEMP TO PERM
Fee chargeable if engagement during assignment, within 8 weeks
of leaving assignment or 14 weeks after commencing assignment, whichever
the longer. Alternative to fee is to extend hire period. No refund terms
on Temp to Perm.
| Weeks worked |
Transfer Fee |
Or Extended Hire Period |
| Up to 2 weeks |
100% of Engagement fee |
Up to 26 weeks |
| Over 2 and up to 6 weeks |
80% of Engagement fee |
Up to 26 weeks |
| Over 6 and up to 10 weeks |
60% of Engagement fee |
Up to 26 weeks |
| Over 10 and up to 14 weeks |
40% of Engagement fee |
Up to 26 weeks |
| Over 14 and up to 26 weeks |
20% of Engagement fee |
Up to 26 weeks |
| Over 26 weeks Nil Nil |
Nil |
Nil |
Vat at the current rate in force will be added to all
fees
FOR THE INTRODUCTION AND SUPPLY OF AGENCY WORKERS AS LGV DRIVERS
The following terms relate to the supply of agency workers as
LGV drivers (hereinafter called `Drivers'). These terms are in addition
to and to be read in conjunction with Elite Recruitment Solutions Ltd.
Terms of Business for introduction and supply of agency workers.
1. Elite Recruitment Solutions Ltd. (we/us) supply Drivers on sole understanding
that the Client (you) holds an operator's licence under the Transport
Act 1968, where required.
2. As far as possible we will check references of Drivers, and examine
Driving licences and permits; notwithstanding this, you agree to take
direct responsibility for all statutory duties where applicable in respect
of driving licences and permits, Drivers’ hours and records, issue
and collection of tachographs, maintenance and safety of vehicles, Health
and Safety regulations, and Road Traffic and liability insurances, including,
but not limited to, fully comprehensive insurance for vehicles to be driven
and their contents.
3. You must satisfy yourself that all licences and other documentation
appertaining to Drivers are in order before permitting Drivers to take
charge of vehicles. You must take proper steps in relation to the insurance,
maintenance and safety of vehicles and effect all other necessary liability
insurance (including Employers Liability and Third Party Risks) in respect
of the vehicle, its contents and Drivers. Upon request you shall permit
us to inspect your operator's licence and policies of insurance for vehicles
to be driven.
4. To assist you in complying with your statutory duties in respect of
Drivers, we agree to provide you upon request with such information as
is available to us about any driving Assignments carried out by Drivers
in 7 days immediately preceding commencement of Assignment with you, provided
Drivers shall have worked for a Client of ours during those 7 days.
5. You accept that as user of the Drivers you have sole responsibility
and control over Drivers’ duties, journeys and hours of work, and
all statutory duties in respect of driving licences and where appropriate,
tachographs.
6. We emphasise that it may be impracticable for us to obtain references
in every case, owing to the time factor and the human element involved
and we cannot accept liability of any kind whether in contract or in tort
for any loss or damage to property or for any other loss (including without
prejudice to the generality of the foregoing loss of profits) or for any
injury to persons or fatality arising directly or indirectly from any
act or omission of Drivers even if such act or omission is negligent or
fraudulent or reveals dishonesty or lack of skill on the part of Drivers.
CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR
CONTRACT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT
1 DEFINITIONS
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 Elite Recruitment Solutions Ltd. Limited of
17-18 Abbey Street Nuneaton Warwickshire CV11 5DR;
“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) emoluments 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 £3000 will
be added to the salary in order to calculate the Agency’s fee.
Unless the context requires otherwise, references to the singular include
the plural.
The headings contained in these Terms of Business are for convenience
only and do not affect their interpretation.
2 THE CONTRACT
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.
These terms contain the entire agreement between the parties and unless
otherwise agreed in writing by the proprietor of the Agency, these Terms
of Business prevail over any other terms of business or purchase conditions
put forward by the Client.
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 AND FEES
The Client agrees:
To notify the Agency immediately of any offer of an Engagement which it
makes to the Applicant;
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
To pay the Agency’s fee within 14 days of the date of invoice.
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.
The Agency reserves the right to charge interest on invoiced amounts unpaid
for more than 14 days at the rate of 3% per month above the base rate
from time to time of the Bank of England from the due date until the date
of payment.
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.
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.
REFUNDS
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.
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 accompanying Scale of Refund set
out in the schedule to these Terms of Business.
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.
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 5% of the Remuneration where
the annual Remuneration is £20,000 or less and 8% of the Remuneration
where the annual Remuneration is £20,001 or more.
INTRODUCTIONS
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.
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.
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.
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.
SUITABILITY AND REFERENCES
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.
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 days and such information has already
been given to the Client.
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.
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.
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.
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
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
These Terms are governed by the law of England & Wales and
are subject to the exclusive jurisdiction of the Courts of England &
Wales
SCALE OF REFUND
The following scale of refund only applies in the event that
the Client complies with the provisions of clause 3.1 of these Terms of
Business.
Where the Applicant leaves during the first 12 weeks of the Engagement,
a partial refund of the introduction fee shall be paid to the Client in
accordance with the scale set out below, subject to the conditions in
clause 4.1.
REFUND (not applicable Temp to Perm)
| Week in which employment ceases |
Percentage of introduction fee refunded |
| Weeks 1 or 2 |
Rebate of 100% of fee (less £150.00 Minimum
admin charge) |
| Weeks 3 or 4 |
Rebate of 75% of fee |
| Weeks 5 or 6 |
Rebate of 50% of fee |
| Weeks 7 or 8 |
Rebate of 25% of fee |
| Over 8 weeks |
Nil |
There will be no refund where the Applicant leaves during
or after the 8th week of the Engagement.
4. In the event of the Client cancelling the Engagement after an offer
of an Engagement has been made to the Applicant the minimum fee specified
in clause 5 shall become payable, which shall be calculated as follows:
5% of the Remuneration where the annual Remuneration is £20,000
or less and 8% of the Remuneration where the annual Remuneration is £20,001
or more.
SCALE OF FEES
INTRODUCTION FEES FOR PERMANENT OR CONTRACT STAFF OR
TEMP TO PERM (see below)
| Remuneration |
Engagement fee |
| Salaries up to £9,999 p.a |
12.5% |
| Salaries between £10,000 and £14,999 p.a |
15% |
| Salaries between £15,000 and £19,999 p.a |
20% |
| Salaries between £20,000 and £24,999 p.a. |
25% |
| For Salaries above £25,000 p.a. 30% |
30% |
| Search |
On Application |
Vat at the current rate in force will be added to all
fees
This scale of fees should be read in conjunction with Terms of Business
of Elite Recruitment Solutions Limited for the introduction of permanent
or contract staff and for the introduction and supply of agency workers
which supersede all previous issues.
Signed for and on behalf of the Client Print name
___________________________________
___________________________________
Position Company Name
___________________________________
___________________________________
Dated ________/________/_____________
Note: It is a requirement of the Conduct Regulations 2003 for Elite Recruitment
Solutions Ltd. To ensure that you the Client agrees with our terms before
we provide you with the services of a Temporary/Permanent Worker. This
does not mean that these terms have to be signed by you personally but
a signature from someone employed by the Client who is capable of agreeing
to our terms is evidence of the fact that the Client has received and
agreed them.
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