Terms and Conditions
CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF
1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
"Applicant" means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff;
"Client" means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
"Agency" means Ceema Technology Recruitment Limited of 4 The Omega Centre, Stratton Business Park, London Road, Biggleswade, Beds, SG18 8QB;
"Engagement" means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee
"Introduction" means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Applicant; and which leads to an Engagement of that Applicant;
"Remuneration" includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
1.2. Unless the context requires otherwise, references to the singular include the plural.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.2. These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. NOTIFICATION AND FEES
3.1. The Client agrees:
a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
c) To pay the Agency’s fee within 30 days of the date of invoice.
3.2. Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees.
3.3 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.4 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated as:
Up to £19,999 18% of the Remuneration
£20,000 to £24,999 20% of the Remuneration
£25,000 and above 25% of the Remuneration
applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable.
3.5 No variation or alteration to clause 3.4 shall be valid after the introduction of an applicant.
3.6 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.
3.7 If the Client subsequently engages or re-engages the Applicant within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable.
4. REFUNDS
4.1. In order to qualify for the following refund, the Client must pay the Agency’s fee within 30 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
4.2. If the Engagement terminates before the expiry of 8 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Scale of Refund set out in the schedule to these Terms of Business
4.3. In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund.
5. CANCELLATION FEE
5.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee as indicated on the Scale of Refund set out in the schedule to these Terms of Business.
6. INTRODUCTIONS
6.1. Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.4 with no entitlement to any refund.
6.2. An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency’s Introduction.
6.3. Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.4 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.
6.4. In the event that any employee of the Agency with whom the Client has had personal dealings accepts an Engagement with the Client within 3 months of leaving the Agency’s employment, the Client shall be liable to pay an introduction fee to the Agency in accordance with clause 3.4.
7. SUITABILITY AND REFERENCES
7.1. The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work to work in the position which the Client seeks to fill.
7.2. At the same time as proposing an Applicant to the Client the Agency shall inform the Client of such matters in clause 7.1 as they have obtained confirmation of. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to the Client.
7.3. The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
7.4. The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
7.5. Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
7.6. To enable the Agency to comply with its obligations under clauses 7.1, 7.2, 7.3 and 7.4 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
8. SPECIAL SITUATIONS
8.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position. If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
9. LIABILITY
9.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
10. LAW
10.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
SCHEDULE: SCALE OF REFUND
The following scale of refund only applies in the event that the Client complies with the provisions of clause 3.1 of these Terms of Business.
2. Refund Scheme and Replacement Policy
In the event of an employee engaged through the Agent resigning or being released for any reason other than redundancy within 8 weeks of commencing employment we shall undertake to replace the candidate at no extra charge within 4 weeks from the termination. If a suitable candidate has not been sourced within this period then a refund will be due as follows:
Termination within 4 weeks of commencement 100% refund less £500.00 administration fee
Termination between 5 and 6 weeks of commencement 50% refund
Termination between 7 and 8 weeks of commencement 25% refund
There will be no refund where an employee leaves after the 8th week
The refund scheme does not apply to employees engaged on a contract-to-permanent basis
The refund scheme is subject to strict compliance to our payment Terms and Conditions Clause 4.0.
No refund will be issued to the Client if the Agent is not notified in writing of the date and grounds for termination of the engagement within 7 days of said termination. Such notification must be sent to a Director of the company.
3. If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency an administration fee of £500.00.
CLIENT TERMS OF BUSINESS - SUPPLYING CONSULTANCY SERVICES OF A SELF-EMPLOYED CONSULTANCY
1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:-
"Assignment" means the period during which the Consultancy is supplied by the Employment Business 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 requiring the services of the Consultancy;
"Employment Business" means Ceema Technology Recruitment Limited of 4 The Omega Centre Stratton Business Park London Road Biggleswade Bedfordshire SG18 8QB
"Consultancy" means the limited company introduced to the Client by the Employment Business to carry out an Assignment (and save where otherwise indicated, includes any officer, employee or representative thereof and any third party to whom the provision of consultancy services is assigned or sublet with the prior approval of the Client).
"Engagement" means the engagement, employment or use of the Consultancy’s services or the services of any officer, employee or representative of the Consultancy, 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, licence, franchise or partnership arrangement; or any other engagement
"Introduction" means (i) the Client’s interview of an officer, employee, or representative of the Consultancy, in person or by telephone, following the Client’s instruction to the Employment Business to supply a Consultancy or (ii) the passing to the Client of information which identifies a Consultancy and which leads to an Engagement.
"Transfer Fee" means the fee payable in accordance with clause 7.1(b) below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Relevant Period" means the longer period of either 14 weeks from the first day on which the Consultancy worked for the Client, or 8 weeks from the day after the Consultancy was last supplied by the Employment Business to the Client.
"Introduction Fee" means the fee payable in accordance with clause 7.2(b) below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Remuneration" includes fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, and all other payments taxable, (and, where applicable, non-taxable) payable to or receivable by the Consultancy for services rendered to or on behalf of the Client.
1.2. Unless the context otherwise requires, references to the singular include the plural.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms constitute the contract between the Employment Business and the Client for the supply of the Consultancy’s services and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of a Consultancy or the passing of any information about the Consultancy to any third party following an Introduction.
2.2 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. INFORMATION TO BE PROVIDED
3.1. When making an Introduction of a Consultancy to the Client the Employment Business shall inform the Client of the identity of the Consultancy and the person to be supplied to do the work; and confirm that the Consultancy and the person to be supplied to do the work has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment.
3.2. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Consultancy is being proposed for an Assignment in the same position as one in which the Consultancy had previously been supplied within the previous five business days and such information has already been given to the Client.
4. CHARGES
4.1 The Client agrees to pay the hourly charges of the Employment Business. The charges are calculated according to the number of hours worked by the Consultancy (to the nearest quarter hour). The charges comprise mainly the Consultancy’s pay but also include the Employment Business’s commission calculated as a percentage of the Consultancy’s pay, and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges.
4.2 The charges are invoiced to the Client on a weekly basis and are payable within 30 days. The Employment Business reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
4.3 There are no rebates payable in respect of the charges of the Employment Business.
5. VERIFICATION OF EXECUTION OF THE SERVICES
5.1. At the end of each week of the Assignment (or at the end of the Assignment where the Assignment is for a period of less than one week or is completed or finished before the end of a week the Client shall verify the execution of the services provided by the Consultancy by signature of a form* provided to the Consultancy for this purpose.
5.2. Verification of the execution of the services by the Client constitutes acceptance that the Consultancy’s services have been provided satisfactorily and in accordance with these Terms. If the Client is unable to verify execution of the services provided by the Consultancy because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Consultancy. Failure to verify execution in writing does not affect the Client’s obligation to pay the charges in respect of the work done.
6. REMUNERATION
6.1. The Employment Business is responsible for paying the Consultancy’s fees.
7 TRANSFER AND INTRODUCTION FEES
7.1 Where there has been a supply
7.1.1 In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business either (1) directly or (2) pursuant to being supplied by another employment business, within either
a) The duration of the Assignment; or
b) 14 weeks from the start of the first Assignment (the first Assignment being each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment); or
c) 8 weeks from the day after the last day the Temporary Worker worked on the Assignment
the Client shall be liable, to either an extended period of hire or a Transfer Fee the length or amount of which is to be agreed between the Employment Business and the Client.
7.1.2 The Client must give the Employment Business 5 working days’ written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the Transfer Fee.
7.1.3 If the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due.
7.1.4 If the parties do not agree a period of extended hire or a Transfer Fee in accordance with 7.1.1 then
a) The length of the extended period of hire shall be 13 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3.1 for each hour the Temporary Worker is so employed or supplied); or
b) The amount of the Transfer fee shall be: An Introduction Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 250. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
However, where the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due.
7.2 Where there has been an introduction but no supply
7.2.1 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but which leads to an Engagement by the Client of the Temporary Worker by the Client either (1) directly or (2) pursuant to being supplied by another employment business within 6 months of the date of the Introduction the Client shall be liable, to either an extended period of hire or an Introduction Fee the length or amount of which is to be agreed between the Employment Business and the Client.
7.2.2 The Client must give the Employment Business 5 working days’ written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the Introduction Fee.
7.2.3 If the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Introduction Fee shall be due.
7.2.4 If the parties do not agree a period of extended hire or an Introduction Fee in accordance with 7.2.1 then
a) The length of the extended period of hire shall be 13 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3.1 for each hour the Temporary Worker is so employed or supplied; or
b) The amount of the Transfer fee shall be: An Introduction Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 250. No refund of the introduction Fee will tie paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
However, where the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due.
7.3 Where there has been Introduction to and Engagement by a Third Party
7.3.1 In the event that the Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within either
a) The duration of the Assignment;
b) 14 weeks from the start of the first Assignment (the first Assignment being each new assignment where there has been a break of more than 42days (6 weeks) since the end of the previous Assignment); or
c) 8 weeks from the day after the last day the Temporary Worker worked on the Assignment
the Client shall be liable, to pay a Transfer Fee the amount of which is to be agreed between the Employment Business and the Client.
7.3.2 If the parties do not agree a Transfer Fee in accordance with 7.3.1 then the Client will be liable to pay a Transfer Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges multiplied by 250.
7.3.3 No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates.
7.3.4 VAT is payable in addition to any fee due.
7.4 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but the Temporary Worker is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within 6 months from the date of Introduction the Client shall be liable, to an Introduction Fee calculated as follows:15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 250. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
8 LIABILITY
8.1 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 the Consultancy and to provide the same in accordance with the Assignment details provided by the Client, no liability is accepted by the Employment Business for any loss, expense, damage, costs or delay arising from the failure to provide a Consultancy for completion of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Consultancy or if the Consultancy terminates the Assignment for any reason. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.
8.2 For the avoidance of doubt, neither the Consultancy, nor its Staff, are under the supervision or control of the Employment Business. The Client will comply in all respects with all relevant statutes, by-laws and legal requirements including provision of adequate Public Liability insurance in respect of the Consultancy. Where the services are performed on the Client’s premises the Client shall indemnify the Employment Business against any costs, claims, damages and expenses incurred by the Employment Business as a result of any breach of these Terms by the Client.
8.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Consultancy and about any requirements imposed by law or by any professional body, which must be satisfied if the Consultancy is to fill the Assignment.
8.4 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Consultancy for the Consultancy to fill the Assignment.
9. SPECIAL SITUATIONS
9.1 Where the Consultancy or the person supplied to do the work is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Employment Business will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Consultancy or the person supplied to do the work, two references from persons not related to the Consultancy or the person supplied to do the work who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Consultancy or the person supplied to do the work is suitable for the Assignment. If the Employment Business is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
10. TERMINATION OF THE ASSIGNMENT
10.1 The Client may terminate the Assignment by giving to the Employment Business then notice specified in the written confirmation.
10.2 Notwithstanding the provisions of sub-clause 9.1 the Client may terminate the Assignment forthwith by notice in writing to the Employment Business where:
10.2.1 The Consultancy has acted in breach of any statutory or other reasonable rules and regulations applicable to them while performing the services;
10.2.2 The Client reasonably believes that the Consultancy has not observed any condition of confidentiality applicable to the Consultancy from time to time; or
10.2.3 For any reason the Consultancy proves unsatisfactory to the Client.
10.3 The Employment Business may terminate an Assignment forthwith by notice in writing: -
10.3.1 If the Client is in wilful or persistent breach of its obligations under these Terms; or
10.3.2 If the Client becomes bankrupt or has a receiving order or administrative order made against it or is put into liquidation (save for the purpose of solvent reconstruction or amalgamation).
10.4 The Employment Business shall notify the Client immediately if it receives or otherwise obtaines information which gives it reasonably grounds to believe that a Consultancy supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment under the provisions of clause 10.3
11. LAW
11.2 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales
