3) GUARANTEE - In the event that the engagement is terminated
within ten weeks by either the client or the Applicant due to reason
of unsuitability of the Applicant for the job for which the applicant
was employed, then the Agency will refund 10% of the total invoice for
every week unworked up to the ten weeks less the Agency minimum engagement
fee.
This guarantee will apply only if
i) Written notification shall be deemed as the date of termination for
the purpose of a refund, and
ii) Payment is received within seven days of the date of our invoice
4) Information received verbally or written from an Applicant is considered
accurate and true and is duly accepted by us in good faith. We will
make reasonable endeavours to ensure accuracy of information during
the screening process and from other sources as the Client directs.
We do not accept liability for any loss or damage whatsoever from or
in connection with the engagement or introduction of the Applicant.
We shall not be liable in any way for the loss or damage suffered or
incurred by the Client arising from negligence, dishonesty or fraud of
the Applicant; by our negligence other than liability for personal injury
or death attributable to our negligence.
We recommend the Client takes up references offered by the Applicant;
that the Client conducts medical, aptitude or other tests as the Client
considers necessary in respect of the Applicant and obtains licence,
permits or any other permissions which the Client may require before
legally employing the Applicant.
We make no warranty as to the suitability, ability and competence of
an Applicant.
5) An applicant who has been introduced or presented to the Client, any
associated firm or corporation by us, who was not appointed in the first
instance, but who, within 12 months is recruited and accepts employment
in any capacity by the client, its associated firm or corporation, is
deemed to have been introduced by us and the Client shall be liable to
pay the fee in full. The passing on of an introduction to another employer
which in turn results in the Applicant being appointed renders the Client
liable to pay the fee in full.
6) The Projected Annual Remuneration includes basic salary, shift
allowance, location allowance and any bonus, commission, profit share
but excludes other benefits such as cars, pensions, and health schemes.
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7) Our charges for the service of a member of our Temporary
Staff are calculated at an hourly rate which may vary according to the
number of hours, when they are worked and on what engagement as required
by the Client in any one week. The current scales of charges are available
from us and may be varied from time to time. Payment from the Client
for the provision of Temporary Staff by us shall be made within thirty
days of the invoice date, for engagements less or greater than one week
in duration, a separate invoice will be raised immediately following
the completion of the assignment in any one week. For engagements in
excess of one week, the engagement shall be considered as a succession
of separate weekly work periods for the purpose of invoicing.
8) We maintain a Public Liability Insurance. 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.
The terms of this policy mentioned above are subject to alteration by
us without notice.
This policy may be inspected at our offices at any time. Our decision
as to whether the Policy covers us for any particular circumstances will
be final and binding. The client is recommended to carry its own appropriate
Public Liability Policy.
9) In the event the personnel supplied for the booking prove unsatisfactory
we will cancel all charges providing the notification is made within
two hours from the commencement of any one booking and upon the giving
of any such notice and the agreement shall cease forthwith.
10) We shall be responsible for the payment of all wages, National Insurance
and other contributions required by law to be paid by an employer and
shall make appropriate deductions from such wages in respect of Income
Tax, National Insurance and other contributions. 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
to the Client's own staff, 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.
11) Conditions 4, 5, 6 under the heading Permanent Staff, shall also
apply to the provision of Temporary staff to the client.
12} Should the Client engage a member of our Temporary Staff in any capacity
within the Client business, its associated firm or corporation on a permanent,
self-employed or free-lance basis, either during or within twelve months
after the termination of a temporary engagement with the Client shall
Immediately notify us and shall become liable to us for the Permanent
Staff engagement fee set out in Condition 2. When termination of such
employment occurs within a ten week period from initial commencement
the refund allowed as specified in Condition 3 shall apply, but the commencement
date of initial temporary employment rather than the date of direct engagement
of the employer. The proportion served as a temporary operator being
deemed to form part of the period available to judge mutual suitability.
13} Each booking, Minimum Charge 8 hours.
14) DRIVERS. The provision of temporary staff that are at any time during
their engagement required to operate motor vehicles machinery, automotive
or rolling stock equipment ("Vehicles & Equipment") whether
or not the property of the Client shall, in addition to conditions 7-13
above, be subject to the following conditions:
a) The Client shall ensure compliance with all statutory and other requirements
in any way concerning Vehicles and Equipment and in particular as to
their construction, safety, maintenance and operation and the holding
and display of licences by the Client, its employees, the owner of any
Vehicle & Equipment or any member of our Temporary Staff and shall
keep us indemnified against any liability or expense in respect of the
same.
b) The Client shall keep in force a fully comprehensive insurance policy
sufficient to indemnify us or any other member of our Temporary Staff
supplied to the Client from liabilities to third parties including passengers
and the Client and its employees and shall in any event keep up indemnified
against all costs, claims, damages and liabilities whatsoever arising
from or in connection with the operation of Vehicles and Equipment.
c) The Client shall specify to us the types of Vehicles and Equipment
that it requires a member of our Temporary Staff to operate and will
not require a member of our Temporary Staff to operate any other Vehicles
and Equipment not so specified without prior written consent.
d) 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 or arising out of any non-compliance with
clause 8 and/or as a result of any breach of these Terms by the Client.
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