TERMS OF BUSINESS FOR THE SUPPLY
OF TEMPORARY STAFF SERVICES
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1.
DEFINITIONS
1.1 In these Terms of Business the following definitions apply:-
" Assignment" means the period during which the Temporary Worker is
supplied to render services to the client;
" Client" means the person, firm or corporate body together with any
subsidiary or associated company as defined by the Companies Act 1985 to whom
the Temporary Worker is supplied;
" The Employment Business" means Arrow Recruitment Agency Ltd of 33, St Mary's Gate, Chesterfield,
Derbyshire, S41 7TJ; (Registered Office)
" Engagement" means any employment or use of the Temporary Worker 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;
" Temporary Worker" means the individual whose services are
supplied by the Employment Business to the Client.
" Introduction" means: the Client's interview of a Temporary Worker,
in person or by telephone, following the Clients instruction to the Employment
Business to search for a Temporary Worker; or the passing to the Client of a
curriculum vitae or other information which identifies the Temporary Worker and
which leads to an Engagement of that Temporary Worker by the Client.
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 CONTRACT
2.1 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 its request for, interview with or Engagement
of the Temporary Worker.
2.2 No variation or alteration to 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. CHARGES
3.1 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
Workers remuneration but also include the Employment Business'
commission, employer's national insurance contributions 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 weekly
basis and are payable within 14 days. The company reserves
the right
to charge
interest
on any overdue amounts at the rate of 4% per annum above the
base rate from time to time of Barclays Bank from the due date
until
the date
of payment.
4. TIMESHEETS
4.1 At the end of each week of an assignment (or
at the end of the assignment where it is for a period
of one week or less
or
is completed
before the
end of a week) the Client shall sign the Employment Business'
time sheet verifying the number of hours worked by the Temporary
Worker
during that
week.
4.2 Signature of the time sheet 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. REMUNERATION
5.1 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 FEES
6.1 The direct Engagement by a Client 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
accompanying scale of fees for permanent introductions
provided that the Engagement takes place within a period
of 6 months
from the termination
of the Assignment under which the Temporary Worker was
last supplied, or if there was no Assignment, within
6 months
of the introduction
of the Temporary Worker by the Employment Business. Where
the Client fails
to inform the Employment Business of the annual remuneration,
the introduction fee will be calculated by multiplying
the hourly charge
of the Employment
Business for the Temporary Workers' services by a figure
not exceeding 150. 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.
6.2 Where the Engagement is for a period of less
than 12 months the introduction fee shall be pro-rated
accordingly.
7. LIABILITY
7.1 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
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. TERMINATION
8.1 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:-
(a) within four hours of the Temporary Worker commencing
the Assignment where the booking is for more than seven
hours; or
(b) within two hours for bookings of seven hours
or less.
and also provided that notification of the unsuitability
of the Temporary Worker is confirmed in writing to
the Employment Business
with 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. LAW
9.1 These Terms are governed by the law of England & Wales and are
subject to the exclusive jurisdiction of the Courts of England & Wales.
SIGNED:
DATE:
PRINT NAME: …………………………………………………..
POSITION
: ………………………………………………………
ON BEHALF OF THE COMPANY
COMPANY:
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