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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