ABCV
29
EAST STREET, CREWKERNE, SOMERSET, TA18 7AG
CLIENT
TERMS OF BUSINESS - PERMANENT OR CONTRACT STAFF TO BE
DIRECTLY EMPLOYED BY THE CLIENT
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 ABCV, 29 EAST STREET, CREWKERNE, SOMERSET, TA18 7AG.
“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.
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.
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 a director
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.
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 30 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 .
The
Agency reserves the right to charge interest on invoiced
amounts unpaid for more than 30 days at the rate of 4% per
annum above the base rate from time to time of the Lloyds
bank 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.
7.5% on salaries up to £14,999
9.0% on salaries from £15,000 upwards
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
3 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 3 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 30 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 2.75% of the Remuneration.
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.
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.
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/
Northern Ireland and are subject to the exclusive
jurisdiction of the Courts of England & Wales/Northern
Ireland
SCHEDULE: 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.
Week in which the Applicant leaves
% of introduction fee refunded
1 - 4 100%
4 - 6 50%
6 – 8 30%
8 - 10 15%
10 - 12 5%
There
will be no refund where the Applicant leaves during or
after the 12th week of the Engagement.