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These Terms and Conditions of Business are between Temp All Staffing Limited (hereinafter called the AGENCY) and …………………. (hereinafter called the CLIENT) and are deemed to be accepted by the Client by virtue of an interview or the engagement of an applicant introduced by the Agency. The Client shall notify the Agency within 5 days if the Work Seeker has applied directly to The Client or if they have already been introduced by another recruitment agency or recruitment business, otherwise the Introduction will be deemed to have been made by the Agency. No variation in price will be accepted unless the Client has obtained the Agency’s prior written approval. All information provided is subjected to Temp All Staffing Limited’s Privacy, Modern Slavery and Equal Opportunities policies which can be found on our website at www.tempallstaffing.co.uk
1. In these Terms of Business the following definitions apply:
“Engagement” means the engagement, employment, or use of an applicant on a permanent, temporary, self employed, freelance or commission only basis, whether under a contract of service or for services, under an agency, licence, franchise or partnership agreement or any other engagement or where applicable if the applicant has become incorporated, the engagement of that limited company, or become a partner, the engagement of that partnership;
“Introduction” means the identification of an applicant on a permanent, temporary, freelance, self employed or commission only basis to the Client by one or more of the following methods: (a) verbally; (b) the submission of written details; (c) the applicant attending an interview;
“Regulations” means the Conduct of Employment Agencies & Employment Businesses Regulation 2003; “Relevant Period” means the longer period of either 14 weeks from the first day on which the Temporary Worker worked for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Agency to the Client. Where there is a break of 42 days or longer, this will be taken as the first day of an engagement and a new relevant period will commence; where there are breaks of less than 42 days the relevant period commences from the first day of work of the first engagement.
2. Client agrees: a) To notify the Agency immediately an Engagement is accepted;
and b) To pay the fee of the Agency within 30 days of the date of the invoice
c) To notify the Agency of an invoice dispute within 5 days of the date of the invoice, all disputes must be reported in writing to the Agency. Failure to dispute within this time period will result in the Agency rejecting any dispute. The Agency reserves the right to charge interest on any invoices unpaid after such date at a rate equal to 8% above the Bank of England base rate
3. For the purposes of the Regulations the Agency is engaged by the Client as an Employment Agency as defined in the Regulations.
4. The fee payable to the Agency by the Client for the introduction of an applicant is based on the remuneration which the applicant is entitled to earn during the first 12 months of his/her engagement by the Client. Remuneration includes all taxable emoluments payable to or receivable by the applicant for services rendered to or on behalf of the Client, this includes car allowances. Where the applicant is offered a company vehicle, £6000 will be added to the salary for the purpose of calculating the fee.
All positions …..% of the Annual Salary
The scale of fees listed above and are subject to VAT for all remuneration levels
5. The Agency endeavours to ensure the suitability of the applicant introduced to the Client. The Client shall notwithstanding satisfy him/herself as to the suitability of any applicant and shall take up any references provided by the applicant and/or investigations into the medical history of any applicant and satisfy any medical or other requirements or qualifications required by law.
6. The Agency shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client for the introduction by the Agency to the Client of any applicant or the engagement of any applicant by the Client. To help the Agency make credit decisions and to prevent fraud and money laundering the Agency may search the files of credit reference agencies in respect of the Client and such agencies may record any credit searches on the Client’s files.
7. Please refer to our temporary staff terms of business.
8. The Agency may assign, sub-contract or otherwise transfer this Contract or any part of it to any third party in its absolute discretion.
9. The Client shall not assign or transfer or purport to assign or transfer any of its obligations under these Conditions without the prior written consent of the Company.
10. If any of the provisions of these Conditions shall be declared invalid or unenforceable in whole or in part by a competent court or other authority whose decisions shall have the force of law binding on the parties, the remaining provisions shall remain in full force and effect.
