1. These
Terms and Conditions of Business are between T.E.D. (Recruitment) Limited and /
or any subsidiaries or associates (or names) hereinafter called the Company and
the Client Employers named on the form of Introduction hereinafter called the
Client.
2. The
interviewing of an applicant introduced by the Company will be deemed an
acceptance by the Client of the Terms and Conditions set out herein.
3. The
Client agrees: a) to notify the Company immediately an engagement is accepted,
and b) to pay the fee of the Company within seven days of the commencement of
the engagement (unless otherwise agreed).
4. The
fee payable to the Company by the Client for the introduction of an applicant is
in accordance with the scale fees as advised.
5. In the event of an employee’s leaving the Client employ
within 13 weeks of commencement, the placement fee will be refunded in the same
proportion as the unworked period has to 13 weeks provided that the Company is
notified in writing within seven days of termination of employment.
6. If any invoices are not
paid by the Client to the Company in full within seven days of the invoice date
the Company reserves the right to charge interest as follows: 5% over the Lloyds
TSB Bank plc base rate at the time of the date of invoice.
7. Introductions are
confidential. The passing on of and introduction to another employer which
results in an engagement renders the Client liable to payment of the Company’s
fee as set out in Paragraph Four.
8. In the event that the Client is put into Receivership or
Liquidation or Bankruptcy before the Company’s fee is paid and passes on the
applicant/employee to another Client or to a Client which buys out or takes over
the original Client which results in an engagement or continuation or
employment, this renders the subsequent Client liable to payment of the
Company’s fee as set out in Paragraph Four.
9. Full fees will be charged for any employee engaged as a
consequence of or resulting from an application to the Company even though the
introduction is made indirectly in the case of a Contract Worker who is
currently working at / for the Client and who then applies for a permanent
position from either an internal or external advertisement and is subsequently
employed by the Client on either a permanent or contract basis.
10.
The Company agrees to make every reasonable effort to ensure the suitability of
applicants on behalf of clients but cannot accept responsibility for any loss,
expense, damage or delay, however occasioned, and the Client agrees to take up
references, obtain work permits and satisfy any medical requirements or
qualifications as are required by law.
1. For full Terms and
Conditions of Business please see Paragraphs One to Ten as seen under Permanent
Staff with the addition of :
2. The fee payable to the Company by the Client for the
introduction of an applicant to work overseas is in accordance with the scale
fees as advised. The fees are calculated as a percentage of the annual salary as
paid to the employee at their overseas location. The fee is to be paid to the
Company in £ Sterling.
These
Terms and Conditions will apply to and govern all contracts for Works to be
performed for the Client by Sub-contractors engaged by the Company.
Unless
previously accepted otherwise, the allocation of work by a Client to a
Sub-contractor engaged by the Company will be deemed acceptance by that Client
of these terms and conditions.
No
variation of these terms and conditions shall be effective unless agreed in
writing and signed by a Director or the General Manager of the Company.
1.
DEFINITIONS
a)
“The
Company” shall mean T.E.D. (Recruitment) Limited
b)
“The
Client” shall mean yourselves
c)
“The Rates” shall mean the Rates at which fees will be payable to the
Company in respect of those classes of Sub-Contractor as are specified on front
of the Confirmation Order issued at the time of engagement or as agreed between
The Company and the Client at the time of booking on the telephone. The Rates
are calculated on the reasonable expectation that the Sub-contractor will
complete the Works within the period for completion reasonably estimated by the
Client. In the event that the cost to the Company of engaging the
Sub-contractor’s services shall be increased at any time during the
continuance of the Works by reason of the introduction, imposition or variation
of any National Insurance or other social security contribution or of any tax,
levy or other governmental impost payable or becoming payable by the Company the
Rates shall be increased by any part of such contribution, tax, levy or impost.
The calculation of the increases for hourly rates shall be made by dividing the
weekly statutory increase by the Client’s standard working week
d) “The
Sub-contractor” shall mean any limited company or individual which is engaged
by the Company to carry out Works for the Client.
e) “The
Works” shall mean the work from time to time allocated to the Sub-contractor
by the Client.
2. THE
SUB-CONTRACTOR’S SERVICES
The Company does not warrant the technical or
professional competence of the Sub-contractor and the Client will satisfy itself
as to the competence of the Sub-contractor before allocating work to it. The
Client will be solely responsible for allocating work to the Sub-contractor and
for supervising the execution of the Works by the Sub-contractor. The Company
shall not be liable to the Client in any manner whatsoever for any claim, loss,
damage, cost or expense incurred by the Client or arising otherwise in
connection with any act, omission, or neglect on the part of the Sub-contractor
in executing the Works.
3. THE
PAYMENT OF FEES
The Company will be solely responsible for the payment
of all fees and expenses to the Sub-contractor. The Company will submit invoices
on a weekly basis for the fees (calculated at the Rates) and expenses payable by
the Client in respect of the Works. In order to assist the Company in preparing
such invoices the Client will supply the Company with such written information
as the Company may from time to time request relating to the execution of the
Works. All accounts rendered by the Company must be settled within seven days
(unless otherwise agreed).
4. EXPENSES
The Client will be responsible for the payment to the
Company of those traveling and other expenses incurred by the Sub-contractor as
shall have been previously approved either verbally or in writing with the
Company.
5. HEALTH
AND SAFETY AT WORK
The Client will at all times discharge all statutory
and common law duties which the Client may from time to time owe to, or to which
the Client may from time to time be subject in respect of the safety, health and
protection from injury of the persons and property of employees of the
Sub-contractor engaged on the Works and the Client will at all times indemnify
the Company and hold the Company indemnified against all claims, loss damage,
cost incurred by the Company or arising otherwise in connection with any breach
of any such duty.
6. USE OF
MOTOR VEHICLES
The Client shall not cause or permit the
Sub-contractor of any of its employees engaged on the Works to use any motor
vehicle for any business purposes in connection with Works unless the Client has
previously been satisfied that adequate third party insurance cover is in force
in respect of such user. The Client will at all times keep the Company
indemnified against any liability (whether in respect of any insured risk or
otherwise) in connection with use of any motor vehicles for any business
purposes connected with the Works.
7. TERMINATION
a) If
the Works shall not be performed with that degree of technical and professional
skill as was reasonably anticipated by the Client in agreeing the Rates, or if
any employee of the Sub-contractor engaged on the Works shall be guilty of any
criminal act, gross default or other misconduct in connection with or affecting
the Works, then the Client may give notice to the Company terminating the use of
the Sub-contractor’s services forthwith.
b) Subject
to paragraph (a), above, the Client or the Company may terminate any contract
relating to the provision of the Sub-contractor’s services at any time by
giving to the other not less than seven days notice before noon on Monday of
such termination.
c)
Upon any such termination as aforesaid, the Client shall be liable to the
Company for any fees and expenses payable hereunder up to the termination.
8. OTHER
FEES
In the event of the Client engaging directly or
indirectly the services of any Sub-contractor or Temporary Worker within a
period of 6 months from the date of which works were last performed by such
Sub-contractor of Temporary Worker for the Client the Client shall pay the
Company a fee based on the prevailing charges at the time of commencement. No
refund is available for such placements where the ability of the worker is
already proven.
9. VALUE
ADDED TAX
The Rates and all other fees mentioned herein are
quoted exclusive of Value Added Tax unless expressly stated to the contrary.
10. RELATIONSHIP BETWEEN THE PARTIES
Nothing herein contained shall constitute the
relationship of Master and Servant or any partnership between the Client and the
Company or the Client and the Sub-contractor or any of its employees who are
engaged on the works.
11. ADDITIONAL
TERMS
Notice should be taken of numbers 6,7 and 8 in the
section marked PERMANENT STAFF as these terms are also applicable for CONTRACT
STAFF.
12. The Client agrees that any Sub-contractor hired
from the Company will be fully covered by the Client’s own professional
indemnity insurance.