2.0 The Terms and Conditions
2.1 These Terms and Conditions are deemed to be accepted by the Client upon engagement or use of the Company by the Client.
2.2 No variation or alteration of the Terms and Conditions shall be valid unless approved in writing by a Director of the Company.
2.3 The Client shall not directly engage the services of the Temporary Worker without prior permission from the Company. In the event that the Client breaches this clause, the Client is liable to payment of the hourly or Permanent Placement charges (whichever is applicable) as stated in clause 4.0.
2.4 The Client must not engage the services of the Temporary Worker via another recruitment consultancy, agency, or similar after the Temporary Worker has been Introduced to the Client by the Company. In the event that the Client breaches this clause, the Client is liable to payment of the hourly or Permanent Placement charges (whichever is applicable) as stated in clause 4.0.
2.5 Introductions are confidential. The passing on of an Applicant to another employer which results in the engagement of the Applicant renders the Client liable to payment of the hourly or Permanent Placement charges (whichever is applicable) as stated in clause 4.0.
2.6 The Client must notify the Company immediately they have offered a Permanent Position or Contract to the Temporary Worker carrying out the Booking and provide the Company with any information necessary to calculate fees or charges.
3.0 Timesheets
3.1 At the end of each week (or part thereof should the Booking be less than 1 (one) week or be completed before the end of the week) the Client shall sign the timesheet of the Company verifying the number of hours worked by the Temporary Worker during that week.
3.2 Signature of the timesheet by the Client indicates their satisfaction with the services provided by the Temporary Worker and agreement to pay the Company charges as stated in clause 4.0.
4.0 Charges
4.1 The Client shall pay the hourly charges of the Company current at the commencement of the Booking which may be varied by the Company with immediate effect from time to time during the Booking.
4.2 The charges are calculated by reference to the number of hours worked by the Temporary Worker (to the nearest quarter of an hour) plus VAT and are invoiced to the Client on a weekly basis, payable within 14 (fourteen) days. Travel, hotels and other expenses as agreed with the Client shall be added to the invoice. Further details of our charges are available on request.
4.3 Overtime and other premiums (unless otherwise agreed in writing prior to the Booking) will be calculated on the following basis: An overtime premium of 50% (fifty percent) of the hourly charge, i.e. 1.50 (one point five zero) times our standard charge will be applied to any hours after a minimum of 8 (eight) hours worked, during any one weekday and all hours on a Saturday. Sundays and Bank Holidays will be charged at 2.00 (two) times our standard charge.
4.4 The Client shall pay the Company for a minimum of 4 (four) hours if the Client does not wish to utilise the services of the Temporary Worker for any day or part thereof without terminating the Booking in its entirety.
4.5 The Company is responsible for paying the Temporary Worker’s remuneration and for the deduction and payment of National Insurance Contributions and Schedule E Income Tax (PAYE), applicable to the Temporary Worker as required by law.
4.6 Should the Client offer a Permanent Placement to an Applicant Introduced to the Client by the Company then the normal Permanent Placement charge for print and design person £3,000 and new media £4,000.
4.7 The charges are exclusive of VAT (which will be added at the current rate) and will be invoiced to the Client immediately on commencement of employment of the Applicant with the Client.
4.8 The Company reserves the right to charge interest on all invoices raised from the date of the invoice calculated at the current Barclaycard rate per calendar month. The Company also reserves the right that in the event that any one or more invoices remain unpaid longer than 30 (thirty) days from its date, all costs and interest at the prescribed rate will be payable by the Client on all invoices then outstanding or subsequently issued without concession from their respective dates until paid in full.
5.0 Rebate Clause
Should any Permanent Placement terminate before the completion of the initial 10 (ten) week period, then the Client will be entitled to apply for the following rebates:
5.1 For each week less than 10 (ten) worked, a 10% (ten percent) refund of the charge will be granted - thereafter there will be no refund. Absence caused by sickness, holidays or other leaves outside the scope of the Company will be deemed to have been worked for the purposes of calculating any refunds.
5.2 The Client must notify the Company in writing within 7 (seven) days of the termination of employment and reasons for the termination stated.
5.3 No refund or credit note will be permitted where invoices have been outstanding for more than 4 (four) weeks of the date of the invoice.
6.0 Liability
6.1 Every effort shall be made by the Company to give satisfaction to the Client by ensuring a high standard of skills, integrity and reliability from the Applicant and to provide them in accordance with the details provided by the Client.
6.2 The Client is responsible for all acts, errors and omissions of the Temporary Worker whether willful, negligent or otherwise as though the Temporary Worker were an employee of the Client, and the Client shall comply in all respects with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of its own employees, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during Bookings. The Client shall indemnify the Company against any costs, claims, damages and expenses incurred by the Company arising out of the engagement of the Temporary Worker by the Client.
6.3 Temporary Workers provided by the Company to the Client are provided under contracts for services and are deemed to be under the supervision, direction and control of the Client for the duration of the Booking.
6.4 The Client shall be responsible for ensuring that references, legal requirements and health of the Applicant are to the Client’s satisfaction before engagement of an Applicant. The Company shall not accept liability for any omissions made by the Client in this respect.
7.0 Termination
7.1 Should the Temporary Worker supplied to the Client prove unsatisfactory then the Client must terminate the Booking within 4 (four) hours of commencement of the Booking and notify the Company of the termination.
7.2 Notification of the termination of the Booking must be confirmed by the Client in writing within 5 (five) days and reasons must be stated.