| ||||||||||
TERMS AND CONDITIONS - TEMPORARY CONTRACTS1. DEFINITIONS1.1 In these Terms of Engagement the following definitions apply:-
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. 1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation. 2 THE CONTRACT2.1 These Terms govern 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 is request for, interview with or Engagement of the Temporary Worker. 2.2 No variation or alteration of these Terms shall be valid unless approved by the Employment Business in writing. 2.3 Unless otherwise agreed in writing by the Employment Business, these Terms prevail over any terms of business or purchase conditions proffered by the Client. 3. CHARGES3.1 The Client agrees to pay the hourly charges of the Employment Business as notified at the commencement of the Assignment and as may be varied from time to time during the Assignment. The charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour). The charges are comprised mainly of the Temporary Worker’s remuneration but also include the Employment Business’ commission, employer’s national insurance contributions, holiday pay 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 is payable on the entirety of these charges. 3.2 The charges are invoiced to the client on a twice monthly basis and are payable on receipt of invoice. The Company reserves the right to charge interest on any overdue amounts at the rate of 2% per annum above the base rate from time to time of (LloydsTSB Bank from the due date until the date of payment. 4 TIMESHEETS4.1 Twice during each month of an Assignment or on completion of the Assignment the Client shall sign the Employment Business’ Timesheet verifying the number of hours worked by the Temporary Worker during that period. 4.2 Signature of the timesheet by the Client indicates satisfaction with the services provided by the Temporary Worker and confirmation of the number of hours worked. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked. 5 REMUNERATION5.1 The Employment Business assumes responsibility for payment of the Temporary Worker’s remuneration and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker. 6. INTRODUCTION FEES6.1 Should the Client or an Associate or Successor Company or a third party introduced by the Client require the Temporary Worker to carry out further or future Assignments or make arrangements for the Temporary Worker to become a part or full time employee, (or, where applicable, if the Temporary worker has become incorporated under a limited company, the engagement of that limited company) within a period of six months from completion of this Assignment, then the Employment Business shall become entitled to fees specified in the following scale:
6.2 Where a Client fails to inform the Employment Business of the direct Engagement of a Temporary Worker introduced by the Employment Business, or the introduction by the client of a Temporary Worker to any third party resulting in an Engagement (or, where applicable, if the Temporary Worker has become incorporated under a limited company, the Engagement of that limited company) renders the Client subject to the payment of an introduction fee calculated (in accordance with the scale of fees for permanent introductions (available on request) provided that the Engagement takes place within a period of 6 months from such introduction. 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. 7. LIABILITY7.1 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. 7.2 Temporary Workers are engaged by the Employment Business under contracts for services. They 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 undertakes to provide the temporary worker with suitable facilities and services adequate for the performance of the Temporary Worker's duties throughout 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 he 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, 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 5 above), including in particular the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all assignments. The Client shall also advise the Employment business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker. 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. 7.3 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 and/or as a result of any breach of these Terms by the Client. 8. TERMINATION8.1 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 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. 8.2 Any of the Client, The Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability. 9. LAW9.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts England and Wales. | ||||||||||