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It is agreed that the Client accepts these Terms and Conditions once the Consultants have introduced a Candidate to the Client. No variation can be made to these Terms and Conditions without the written consent of a Director of the Consultants. English law shall apply to this agreement and all disputes arising out of this contract are subject to the exclusive jurisdiction of the courts of England and Wales.
DEFINITIONS
The Consultants: Signet Resources Ltd. Moorbridge Court, 29-41 Moorbridge Road, Maidenhead, Berks. SL6 8LT Reg.No. 04677451.
The Candidate: A third party introduced by the consultants - Pursuant to Clauses PI-P6 of the Terms and Conditions of Business.
The Client: The Company, Firm or Person requesting permanent or temporary assignment workers from the Consultants.
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
Introduced: The provision by the Consultants to the Client of any details of a Candidate whether in oral or written form, or for a temporary or permanent position.
Remuneration: Includes, without limitation, all salary' and other emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client. All sums are gross, and calculated on the basis that the employee's engagement is for twelve months whether or not the actual engagement is for twelve months.
Temporary: A third party introduced to the Client by the Consultants pursuant to clauses T1-T11 of these Terms and Conditions.
INTRODUCTION OF STAFF FOR PERMANENT EMPLOYMENT
The consultants will be acting as an employment agency
| P1 | The Client undertakes to: a) Notify the Consultants immediately an engagement is agreed and the remuneration offered to the candidate. b) Pay the Consultants' fee within 14 days of the date of the applicant commencing employment. The fee is calculated in accordance with clause P2 below. |
| P2 | The fee payable to the Consultants by the Client for the introduction of a candidate is calculated as set out in the Scales of Fees below on the remuneration, which the candidate is entitled to earn with the Client. The Client will provide full details of remuneration to the Consultants immediately an engagement is accepted. |
SCALE OF FEES FOR PERMANENT EMPLOYMENT
| Remuneration (Per Annum) | Fee |
|
Minimum fee Up to £ 19,999 £20,000 - £34,999 £35,000 - £49,999 £50,000 + |
TBA |
SCALE OF FEES FOR CONTRACTS
| 3-5 months 6-8 months 9 Months plus |
50% of normal fee 75% of normal fee normal fee applies |
(Please note no refunds are applicable to contracts)
| P3 | Introductions are confidential. The passing on of an introduction to another employer resulting in an engagement renders the Client liable to a fee calculated in accordance with clause P2. | ||||
| P4 | If a permanent engagement is terminated and the Consultants' fees are paid in full in accordance with clause P1 and P2 above, then subject to the Consultants being given the opportunity to provide a replacement, the following refund is available.
Written confirmation of termination is required within 5 working days. b) Should the Client or any subsidiary or associated company re-engage the Candidate within 6 months from the date of termination of engagement, a further fee will be charged calculated in accordance with clause P2. |
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| P5 | The Consultants endeavor to ensure the suitability of any Candidate 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 in the position which the Client seeks to fill. The Client shall nonetheless satisfy itself as to the suitability of any candidate and should take up any references provided by a Candidate and/or the Consultants before engaging such Candidate. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate and satisfy any medical and other requirements or qualifications required by law. | ||||
| P6 | The Consultants shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Consultants' seeking a candidate for the Client. | ||||
INTRODUCTION OF TEMPORARY ASSIGNMENT WORKERS
The consultants will be acting as the employment business
The consultants will be acting as the employment business
| T1 | Under the following terms, the Consultants will supply a Temporary as principal. T2 to T9 inclusive will apply. All temporary contractors are engaged under contract for services. |
| T2 | The Client agrees to pay the hourly charge of the Consultants for all hours worked by the Temporary. The charges largely represent the payments paid to the Temporary by the Consultants. VAT is charged in addition to those charges. |
| T3 | The Consultants are responsible for deductions and payment of all statutory contributions in respect of national insurance and the administration of Schedule E Income Tax (PAYE) applicable to the Temporary as required by law. |
| T4 | The charges of the Consultants described above will be those in force at the time of the assignment and may be varied from time to time with immediate effect. Details are available on application and are calculated on an hourly basis at rates varying according to the skilled requirements of the task and the numbers of hours required in any one week. The Client agrees to sign a timesheet confirming the hours worked by the Temporary. By signing this timesheet the Client agrees that the hours indicated on the timesheet have been satisfactorily worked. Travelling, hotel or other expenses as may be agreed, shall be itemised on the Consultants invoice in addition to the charges described above. |
| T5 | Charges for Temporaries are invoiced weekly and payable within 14 days of the date of the Consultant's invoice. |
| T6 | Where there has been a supply a) 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
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| c) If the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due. d) If the parties do not agree a period of extended hire or a Transfer Fee in accordance with T6a then a) The length of the extended period of hire shall be 20 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause T2 for each hour the Temporary Worker is so employed or supplied]; or b) The amount of the Transfer fee shall be: A Transfer 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 agreed pursuant to clause T2 multiplied by 300. 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. However, where the client does not give such notice before the Temporary Worker is engaged the parties agree that the Transfer Fee shall be due. |
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| T6.1 | Where there has been an introduction but no supply |
| T6.1a) | 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 an extended period of hire or an Introduction Fee the length or amount of which is to be agreed between the Employment Business and the Client. |
| T6.1b) | 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 or to pay the Introduction Fee. |
| T6.1c) | If the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Introduction Fee shall be due. |
| T6.1d) | If the parties do not agree a period of extended hire or an Introduction Fee in accordance with T6.1a then |
| a) | The length of the extended period of hire shall be 20 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause T2.1 for each hour the Temporary Worker is so employed or supplied]; or The amount of the Transfer fee shall be: 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 multiplied by 300 times. |
| 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. However, where the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due. | |
| T6.2 | Where there has been Introduction to and Engagement by a Third Party |
| T6.2a) | 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
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| T6.2b) | If the parties do not agree a Transfer Fee in accordance with T6.2a then the Client will be liable to pay a Transfer 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 multiplied by 300 times. |
| T6.2c) | No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. |
| T6.2d) | VAT is payable in addition to any fee due. |
| T6.2e) | 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 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 agreed pursuant to clause T2 multiplied by 300. 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. |
| T7 | 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. | |
| T8 | The Consultants endeavour to ensure its Temporaries are of a high standard of skill, reliability and integrity, and to introduce or supply Temporaries in accordance with temporary assignment details supplied by the Client. However, no liability, whether arising from negligence or otherwise, will be accepted by the Consultants' for any loss, delay', expense or damage caused by: a) Failure to provide any particular Temporary during all or part of an assignment: b) The negligence, dishonesty, misconduct or lack of skill of the Temporary. |
| T9 | a) The Client will supervise the Temporary to ensure a reasonable standard of workmanship. b) The Temporary is deemed to be under the direction and control of the Client from the time that the Temporary begins the assignment until it ends. c) The Client is responsible for all acts, errors and omissions of the Temporary as if the Client employed the Temporary. d) The Client will comply with all statutes, by-laws and legal requirements to which the Client is subject in respect of its own staff, in particular, providing employer and public liability insurance to cover the Temporary during all assignments. The Client's obligation excludes matters specifically included in T3 or T5 above; the Client will assist the Consultants in complying with the Consultants' duties under working time regulations by supplying relevant assignment information. In particular the Client must inform the consultant in advance should the Temporary be expected to work more than 48 hours, in any given 7-day period. e) The Client shall indemnify the Consultants against any claim or liability incurred by the Consultants arising out of the introduction or supply of the Temporary to the Client. |
| T10 | If the services of a Temporary prove to be unsatisfactory, the charge for the time worked by that Temporary will be reduced or cancelled provided that the Temporary leaves that assignment immediately and that notification, is received by the Consultants either: a) Within five hours of the Temporary commencing duties: b) Within two hours for assignments of seven hours or less. Written confirmation is required within 5 working days. |
