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TERMS AND CONDITIONS OF BUSINESS FOR ENGAGEMENT OF WORK SEEKERS

TERMS AND CONDITIONS FOR THE INTRODUCTION AND SUPPLY OF WORK SEEKERS

DEFINITIONS

In these terms and conditions the following definitions apply:

“Assignment” means the period during which the Work Seeker 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 person to whom the Work Seeker is supplied or introduced.
“Employment Business” means Hart Recruitment Limited operates as an Employment Business at 1232-1234 Aldridge Road, Great Barr, Birmingham, B44 8PE
“Engages/Engaged/Engagement” means the engagement, employment or use of the Work Seeker 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 Work Seeker is an officer or employee
“Work Seeker” means the individual who is introduced by the Employment Business to render services to the Client and whose identity has been obtained.
“Introduction” means (i) the Client’s interview of a Work Seeker in person or by telephone, following the Client’s instruction to the Employment Business to supply a Work Seeker; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Work Seeker; and which leads to an Engagement of that Work Seeker.
“Introduction Fee” or “Transfer Fee” means the fee payable in accordance with clause 14 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 to the Employment Business by the Client for the introduction of the Work Seeker.
“Relevant Period” means the longer period of either fourteen weeks from the first day on which the Work Seeker worked for the Client, or eight weeks from the day after the Work Seeker was last supplied by the Employment Business to the Client.
“Remuneration” includes, without limitation, all salary payments and other taxable emoluments payable to or receivable by the Work Seekers for the 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.

THE CONTRACT

These terms and conditions are accepted by the Client by virtue of an interview with or the engagement of the Work Seeker. No variation or alteration to these terms and conditions shall be valid or enforceable unless approved by the director of the Employment Business.

1. The Client agrees to pay our hourly charges as notified to and agreed with you. Charges are calculated according to number of hours worked by the Work Seeker calculated to the nearest quarter of an hour. Charges comprise mainly of Remuneration plus our commission, employer National Insurance contributions and statutory holiday pay calculated as a percentage of Remuneration. Other reasonable expenses as may be agreed shall be itemised on our invoice in addition to hourly charges. VAT is paid on the entirety of these charges and on any fees payable under these terms.
2. The Client shall sign a timesheet verifying the number of hours worked by the Work Seeker in any one week. Failure to sign the timesheet does not absolve your obligation to pay charges in respect of hours worked.
3. If the Client reduces or cancel bookings less than two hours before commencement of Assignment, we reserve the right to make a charge equivalent to four hours being worked by each Work Seeker booked for engagement, at hourly charge rates agreed for the booking
4. Charges are invoiced weekly and are payable within fourteen days of the invoice date.
5. The Client shall comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety at Work Act etc, by laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding payment of the Work Seeker). The Client shall also advise us of any special health and safety matters about which we are required to inform Work Seekers and about any requirements imposed by law or by a professional body, which must be satisfied by Work Seekers accepting the Assignment. You will assist us in complying with our duties and your duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by us.
6. When making an Introduction of a Work Seeker to the Client, the EB will inform the Client of the Work Seeker’s identity, that they have the necessary or required experience, training, qualifications and any authorisation required by law or any professional body or the Client to work in the Assignment; whether they will be engaged under a contract of service or apprenticeship or a contract for services; and that they are willing to work in the Assignment.
7. The Work Seeker will perform the services at all times under the direction and control of the Client. The Client is responsible for providing the Work Seeker with all instructions, specifications, information and data necessary to enable the Work Seeker to perform the services.
8. In the event of any Work Seeker failing to satisfy the reasonable standards required by the Client then the Client can reduce or cancel the charge for the time worked by that Work Seeker provided that the Client has dispensed with that person’s services immediately upon such dissatisfaction and has notified the Employment Business of such dismissal not later than four hours from the time that the person began to render service to or on behalf of the Client.
9. We shall notify you immediately if we receive or otherwise obtain information, which gives us reasonable grounds to believe that the Work Seeker supplied to you, is unsuitable for Assignment.
10. The following terms apply to the supply of Work Seekers in the capacity of a “Driver” of any licensed vehicle or vehicles. The Work Seeker is supplied in the capacity of a driver by the Employment Business on the understanding and condition that The Client holds an Operators License under the Transport Act 1968, if required.
11. In the event of the Client either engaging any Work Seeker supplied by the Employment Business to the Client either (1) directly or (2) pursuant to being supplied by another employment business, or introducing any such Work Seeker to another person, third party, firm or corporation resulting in an Engagement by that person, firm or corporation either before the first Assignment, during the course of an Assignment or within the Relevant Period, the Client shall immediately notify the Employment Business. In these circumstances, you will be required to either:
1.) Elect to give us seven days notice to take an extended period of hire of the Work Seeker in accordance with our accompanying scale of fees, during which the Client shall pay the current hourly charge agreed pursuant to clause 1 for each Work Seeker engaged; or
2.) Pay a Transfer Fee (or Introduction Fee) calculated as a percentage of Remuneration at commencement of Engagement in accordance with our accompanying Scale of Fees set out in clause 14. No refund of Transfer Fee will be paid if engagement subsequently terminates.
12. In the event that there is an Introduction of a Work Seeker to the Client which does not result in the supply of that Worker Seeker by the Employment Business to the Client, but which leads to an Engagement of the Worker Seeker by the Client either directly or pursuant to being supplied by another employment business or to another person, third party, firm or corporation resulting in an Engagement by that person, firm or corporation within 6 months from the date of Introduction the Client shall be liable, to pay the introduction fee as per 14.2 below.
13. The Employment Business agrees to make every reasonable effort to maintain high standards in the Work Seeker assignment whose services are provided but accept no liability whatsoever for any loss, expense, delay or damage, pecuniary or otherwise, consequential or not that the Client, his employees, agents, customers or otherwise may suffer or become liable for. The Client is responsible for and is advised to insure against any liabilities. The Client is responsible for the provision of adequate insurance to the extent that any Work Seeker from the Employment Business will have the full benefit of coverage for any liability, which might arise.

14) TEMPORARY TO PERMANENT FACILITY SCALE OF FEES
14.1) The following table sets out the Employment Business’ fee chargeable where there is an Engagement before the first Assignment, during an Assignment, or within the Relevant Period.
The Alternative to paying a fee is to agree an extension of the hire period. No refund terms on Temp to Perm.

Weeks Worked – Full Time Equivalent Introduction Fee Or Extended Hire Period
Up to 4 weeks (Full Time Equivalent) Normal charge as per the scale of fees referred point 14.2 below 26 weeks
4 to 10 weeks (Full Time Equivalent) 20% Reduction 18 weeks
11 to 18 weeks (Full Time Equivalent) 40% Reduction 10 weeks
19 to 25 weeks (Full Time Equivalent)  60% Reduction  5 weeks
26 weeks and over (Full Time Equivalent) nil nil

14.2) Introduction Fees

Minimum fee £700
 Salaries up to £17,999 per annum 17.5%
Salaries ranging from £18,000 to £24,999  22%
 Salaries over £25,000 per annum 27%

TERMS AND CONDITIONS FOR THE ENGAGEMENT OF PERMANENT WORK SEEKERS

DEFINITIONS

In these terms and conditions the following additional definitions apply:
“Employment Agency” means Hart Recruitment Limited of 1232-1234 Aldridge Road, Great Barr, Birmingham, B44 8PE
“Work Seeker” means the individual who is introduced by the Employment Agency to render services to the Client.

THE CONTRACT

These terms and conditions are accepted by the Client by virtue of an interview with or the engagement of the Work Seeker. No variation or alteration to these terms and conditions shall be valid or enforceable unless approved by the director of the Employment Agency.

1. The Client agrees
1.1) To notify the company immediately when an engagement is accepted notwithstanding that the Client engages the Work Seeker in a different position to that originally envisaged.
1.2) That fees become due for payment fourteen days after commencement of employment
1.3) The fee payable to the Employment Agency by the Client for the introduction of the Work Seeker is calculated as set out in the accompanying scale of fees (clause 4) on the gross Remuneration which the Work Seeker is entitled to earn during the first 12 months of their engagement by the Client notwithstanding that the engagement may be terminated during that period. All fees are subject to the addition of VAT.
1.4) Where a Work Seeker’s CV has been sent to the Client or the Work Seeker has been interviewed by the Client and is subsequently employed either (1) directly or (2) pursuant to being supplied by another employment business by that person, firm or corporate body or any subsidiary or associated company or any third party up to and including six months after the initial Client interview date, the Client shall be liable to pay the Employment Agency the full fee in accordance with clause 4.
2.) The Employment Agency endeavours to ensure the suitability of the Work Seeker. Notwithstanding this, the Client shall take such steps as it deems necessary to satisfy itself as to the suitability of the Work Seeker and is responsible for taking up references provided by the Work Seeker and is responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of the Work Seeker and satisfying any medical and other requirements or qualifications required by law.
3.) The Employment Agency accepts no liability whatsoever on behalf of ourselves or in any way connected with the introduction or engagement of any Work Seeker, for any loss, damage, cost or expenses howsoever caused for which the Client may become liable as a consequence of any introduction made.
4.) Scale of Fees for the introduction of permanent staff Minimum fee £700 Salaries up to £17,999 per annum 17.5% Salaries ranging from £18,000 to £24,999 22% Salaries over £25,000 per annum 27%
5.) Should the Work Seeker’s employment with the Client be terminated for any reason, other than redundancy, before the expiry of eight weeks from the start date, the rebate scheme applies where the following conditions have been met:
5.1) The Client has notified us in writing of termination of engagement within seven days of its termination
5.2) The account has been settled within fourteen days of the Work Seeker’s original date for commencement of employment with the client. Failure to do so will exempt clients from the rebate guarantees.
5.3) The Employment Agency is given four weeks to find a suitable replacement.
5.4) This rebate does not apply in the instances where the Work Seeker has ceased to be employed by the Client due to redundancy, liquidation, bankruptcy or amalgamation of the Client. Weeks 1 and 2 100% Less £150 plus VAT to compensate some of the Administration Weeks 3 and 4 65% Expenses involved in the engagement Weeks 5 and 6 50% Weeks 7 and 8 20%
6) You accept our reserved statutory right to charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (together with any and all additions and/or amendments thereto) and the Late Payment of Commercial Debts Regulations 2002 (together with any and all additions and/or amendments thereto) if we are not paid according to our agreed terms.
7) LAW
These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
8) ACCEPTANCE OF TERMS
8.1) The Client’s first and continuing Instructions regarding any engagement of Work Seekers and any Reliance by the Employment Agency/Business will amount to acceptance of our Terms and Conditions of Business irrespective of whether these Terms are in fact signed and dated by the Client.
8.2) For the avoidance of doubt Instructions mean any verbal or written representation by the Client to the Employment Agency/Business to engage the services of a Work Seeker.
8.3) Reliance means any action or steps that the Employment Agency/Business takes in compliance with the Client’s verbal or written representations to engage the services of a Work Seeker including but not limited to any communications by facsimile or e-mail to confirm the Client’s Instructions.
8.4) These Terms and Conditions of Business are valid for 12 months from the signatory date below.

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