|Terms of Business for the Introduction of Temporary Staff
1. All business undertaken by Northwest Recruitment (hereinafter referred to as "the Agency") is under taken pursuant to the conditions set out herein.
2. The conditions set out herein shall be incorporated into or implied in any agreement entered into between the agency and the client hiring the worker (hereinafter referred to as "the Client"). Any variation to these terms shall not be valid unless agreed in writing by the Agency.
3. In the event of a conflict between the conditions set out herein and any other terms and conditions, the conditions set out herein shall prevail unless expressly agreed to the contrary in writing by the Agency.
4. References herein to the singular include the plural and references herein to the masculine include the feminine and vice versa.
5. These terms shall be governed by English law and shall be subject to the jurisdiction of the English courts.
6. There terms relate to the supply of temporary workers’ services by the Agency to the Client and upon the Client requesting an interview with a temporary worker or engagement of a temporary worker the Client accepts the terms set out herein.
7. Responsibility for the payment or remuneration, deduction and payment of statutory contributions in respect of earnings related insurance, administration of Schedule E income tax (PAYE) applicable to a temporary worker as required by law will be undertaken by the Agency. The Client shall pay an hourly charge in respect of each temporary worker supplied by the Agency at a rate agreed between the Agency and the Client plus any other agreed charges. All charges are subject to VAT.
8. The Client agrees to verify and sign the Agency’s timesheet for each temporary worker each week during the engagement of a temporary worker. Signature by the Client of the timesheet will confirm the Client’s acceptance that the temporary worker’s services have been provided for the hours set out on the timesheet and that those services have been satisfactory. Failure or refusal by the Client to sign the timesheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
9. The minimum charge period for each temporary worker supplied by the Agency will be 8 hours per day. The following overtime rates will apply unless agreed otherwise by the Agency in writing:- (i) Monday to Friday over 8 hours = time and a half ; (ii) Saturday until 1pm = time and a half ; (iii) Saturday after 1pm = double time ; (iv) Sunday = double time.
10. The Agency will render invoices to the Client on a weekly basis and all monies due shall be paid by the Client within 7 days of the delivery of the invoice. Should the Client be in breach of this term the Agency may terminate the Agreement with the Client without notice. Time shall be of the essence in relation to payment of the Agency’s invoices and the Agency reserves the right to charge interest on balances overdue at the rate of 4% per annum above the base rate from time to time of Barclays Bank Plc.
11. Whilst the Agency will endeavour to ensure that the services of any temporary worker supplied to the Client are satisfactory the Client must satisfy himself within 4 hours from the time that the temporary worker starts work for the Client that his services are satisfactory. In the event that a temporary worker’s services fail to satisfy the reasonable standards required by the Client, the charge payable to the Agency by the Client shall not be payable provided that the Client has both dispensed with the temporary worker’s services immediately upon such dissatisfaction and has notified the Agency of such dismissal not later than 4 hours from the time that the temporary worker commenced working for the Client.
12. The Agency shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client or any third party arising from or in any way connected with the supply by the Agency to the Client of any person or the use by the Client of the services of any person supplied by the Agency or any failure by the Agency to supply any person for or any part of a booking by the Client. Without prejudice to the foregoing, the Agency shall not be liable in respect of any information concerning the temporary worker introduced by the Agency or by the negligence, error, omissions, or any other failings of the Agency itself in introducing such a temporary worker. Upon the Client engaging a temporary worker from the Agency, the Client agrees that the Agency shall not be or become liable for any loss or damage suffered by the Client or by a third party or third parties as a result of any matter referred to herein.
13. Without prejudice to paragraph 11 the Client undertakes to indemnify the Agency and at all times to keep the Agency indemnified against all liability whatsoever suffered or incurred by the Agency in connection with matters raised in paragraph 14. For the avoidance of doubt this includes but is not limited to all matters relating to driving or involvement with the use of vehicles whether or not owned by or under the direction of the Client or otherwise.
15. The Client accepts that the temporary workers are engaged by the Agency under contracts for services. Temporary workers shall be under the supervision, direction and control of the Client from the time they report to and take up duties for the Client and for the duration of the assignment.
16. The Client agrees to be responsible for acts, errors or omissions of a temporary worker, whether wilful, negligent or otherwise as though the temporary worker was employed on the payroll of the Client.
17. The Client will comply in all respects with all statutes including, but not limited to, the Working Time Regulations, bye laws, Codes of Practise and legal requirements to which the Client is ordinarily subjected in respect of the Client’s own staff save for matters specifically set out in Clause 6 above. This shall include the provision of adequate employers and liability insurance to cover the worker during all assignments. The Client shall notify the Agency of any special Health and Safety matters about which the Agency is required to inform the temporary worker. The Client will assist the Agency in complying with the Agency’s duties under the Working Time Regulations and will supply to the Agency any relevant information about the assignment requested by the Agency. The Client will not do anything to cause the Agency to be in breach of its obligations pursuant to the Working Time Regulations. If 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 Agency of this requirement prior to the commencement of that week.
18. Should the Client engage any person supplied by the Agency to the Client or should the Client introduce any such person to another person, firm or company which results in the engagement by that person, firm or company the Client shall pay an introduction fee to the Agency unless the engagement occurs more than 6 months after the person last rendered services to or on behalf of the Client. The Clients will immediately notify the Agency upon the Client engaging the person supplied or upon the Client introducing the person to another person, firm or company. For the avoidance of doubt the reference to "engagement" shall include employment or use whether under a contract of services or a contract for services, partnership, agency or any other form of association.
19. The introduction fee referred to in Clause 17 shall be payable whether or not the position for which the person is engaged is the same as that for which the temporary worker was originally supplied. The introduction fee will be calculated as a percentage of the annual gross taxable remuneration and emoluments payable to the temporary worker in line with Agency’s permanent fee scale. Where the Client fails to notify the Agency of the annual remuneration and emoluments the introduction fee will be calculated by multiplying the last hourly rate agreed between the Client and the Agency by 300. No refund of the introduction fee will be paid in the event that the engagement subsequently terminates.
20. The Agency, the Client, and the temporary worker may terminate an assignment at any time without prior notice and without incurring a liability as a result thereof.
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