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Terms of business
1. Terms of Business for the introduction of permanent staff
2. Terms of Business for the supply of temporary staff
3. Terms of Business for the supply of supply of limited company contractors
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 Company to the Client for an Engagement including any members of the Company’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 whom the Applicant is introduced;
‘Company’ - means Henry Recruitment Ltd, 20 The Causeway, Bishop’s Stortford, Herts CM23 2EJ
‘Engagement’ - means the engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licensee, franchise or partnership agreement; or any other engagement;
‘Introduction’ - means the Client’s interview of an Applicant in person or by telephone following the Client’s instruction to the Company to search for an Applicant; or the passing to the Client of a curriculum vitae or other information which identifies the Applicant and which leads to an Engagement of that Applicant by the Client;
‘Remuneration’ - includes base salary, 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.
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| 1.2 |
References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it. |
| 1.3 |
The headings contained in these Terms are for convenience only and do not affect their interpretation. |
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2. The contract |
| 2.1 |
These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant. |
| 2.2 |
Unless otherwise agreed in writing by a director of the Company, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client. |
| 2.3 |
No variation or alteration of these Terms of Business shall be valid unless approved in writing by a director of the Company. |
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3. Notification and fees |
| 3.1 |
The Client agrees:(a) to notify the Company immediately of any offer of an Engagement which it makes to the Applicant;(b) to notify the Company immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the remuneration to the Company; and to pay the Company’s fee within 14 days of the date of invoice. |
| 3.2 |
No fee is incurred by the Client until the Applicant commences the Engagement, when the Company will render an invoice to the Client for its fees. |
| 3.3 |
The Company reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 2.5% per annum above the base rate from time to time of the National Westminster Bank from the due date until the date of actual payment. |
| 3.4 |
The fee payable to the company by the client for an introduction resulting in an Engagement is the amount equal to 15% of the remuneration applicable on commencement of the engagement of the applicant.VAT will be charged on the fee if applicable. |
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4. Refund guarantees |
| 4.1 |
In order to qualify for the following guarantees, the Client must pay the Company’s fee within 14 days of the date of invoice and must notify the CompanyinCompany in writing of the termination of the Engagement within seven days of its termination. |
| 4.2 |
No rebates are payable unless agreed in writing and signed by the parties.If rebates are so agreed, no rebate will be payable where the termination is as a result of (a) the applicant being required to carry out duties not within the original job description advised for the position or (b) as a result of the applicants race, sex, colour, disability , ill health, injury, pregnancy or being made redundant by the client. |
| 4.3 |
If the Engagement terminates before the expiry of eight weeks from the commencement of the Engagement (except where the Applicant is made redundant) a rebate of 12.5% will be allowed against the Company’s fee for each complete week of the initial eight week period not worked by the Applicant. |
| 4.4 |
Should the Client or any subsidiary or associated company of the Client subsequently re-engage the Applicant within the period of six 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, with no entitlement to the refund. |
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5. Introductions |
| 5.1 |
Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding Applicant introduced by the Company which results in an Engagement with that third party within six months of the Introduction renders the Client liable to payment of the Company’s fee as set out in clause 3.4 with no entitlement to any refund. |
| 5.2 |
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 Company, whether direct or indirect, within 16 months from the date of the Company’s Introduction. |
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6. Suitability |
| 6.1 |
The Company endeavours to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the Applicant and/or the Company before engaging such Applicant. The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work. |
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7. Liability |
| 7.1 |
The Company 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 Company 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 Company to introduce any Applicant. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence. |
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8. Law |
| 8.1 |
These Terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts. |
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GENERAL |
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These Terms of Business supersede all previous Terms and Conditions issued by Henry Recruitment Ltd.The rate and all other fees mentioned herein are quoted exclusive of Value Added Tax unless expressly stated to the contrary.No variation can be made to these terms without the consent of a Director of the Agency.Nothing herein contained shall constitute the relationship of Master and Servant or any partnership either between the Client and the Agency or between the Client and the Temporary Workers or Applicants supplied.These Terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts. |
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Terms of business for the supply of temporary staff services
1. Definitions |
| 1.1 |
In these Terms of Business the following definitions apply:
‘Assignment’ - means the period during which the Temporary Worker is supplied 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 to whom the Applicant is Introduced;
‘The Employment Business’ - means Henry Recruitment Ltd, 20 The Causeway, Bishop’s Stortford, Herts CM23 2EJ
‘Engagement’ - means any employment or use of the Temporary Worker 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;
‘Temporary Worker’ - means the individual whose services are supplied by the Employment Business to the Client;
‘Introduction’ - means the Client’s interview of a Temporary Worker in person or by telephone, following the Client’s instruction to the Company to search for a Temporary Worker, or the passing to the Client of a curriculum vitae or other information which identifies the Temporary Worker and which leads to an Engagement of that Temporary Worker by the Client. |
| 1.2 |
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. |
| 1.3 |
The headings contained in these Terms are for convenience only and do not affect their interpretation. |
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2. The contract |
| 2.1 |
These Terms govern the supply of the Temporary Worker’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker. |
| 2.2 |
No variation or alteration to these Terms shall be valid unless approved by the Employment Business in writing. |
| 2.3 |
Unless otherwise agreed in writing by the Employment Business, these Terms prevail over any terms of business or purchase conditions proffered by the Client. |
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3. Charges |
| 3.1 |
The Client agrees to pay the hourly charges of the Employment Business as notified at the commencement of the Assignment and as may be varied from time to time during the Assignment. The charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour). The charges are comprised mainly of the Temporary Worker’s remuneration but also include the Employment Business’s commission, employer’s National Insurance Contributions 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 is payable on the entirety of these charges. |
| 3.2 |
The charges are invoiced to the Client on a weekly basis and are payable within 28 days from date of invoice. The Company reserves the right to charge interest on any overdue amounts at the rate of 2.5% per annum above the base rate from time to time of National Westminster Bank from the due date until the date of payment. |
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4. Time sheets |
| 4.1 |
At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Client shall sign the Employment Business’ time sheet verifying the number of hours worked by the Temporary Worker during that week. |
| 4.2 |
Signature of the time sheet by the Client indicates satisfaction with the services provided by the Temporary Worker and confirmation of the number of hours worked. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked. |
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5. Remuneration |
| 5.1 |
The Employment Business assumes responsibility for payment of the Temporary Worker’s remuneration and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker. |
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6. Introduction fees |
| 6.1 |
The client undertakes that in the event of the client;a. Engaging (whether for a definite or indefinite period) any temporary worker supplied to the client resulting (directly or indirectly) in an engagement (‘Temp to Perm Engagement) (of which the Client shall immediately notify to the company);b. Effectively introducing (directly or indirectly) any temporary worker supplied to the client by the company to another person, including any affiliate of the Client, resulting (directly or indirectly) in an engagement (‘Temp to Third Party Engagement’) (of which the Client shall immediately notify to the company); orc. Utilising (whether for a definite or indefinite period) any temporary worker originally supplied to the Client by the Company but subsequently supplied by a third party employment business to the Client (‘Temp to Temp engagement’) (of which the Client shall immediately notify to the company),
The Client shall, subject to clause 6.2 pay the Company a fee (‘Temp Introduction Fee’) if the Temp to Perm Engagement, the Temp to Third Party Engagement or the Temp to Temp Engagement (as the case may be occurs within either 14 weeks of the start of the first assignment (provided that there has not been a break of 42 days or more between assignments) or within 8 weeks of the end of any assignment, which ever period ends later.The Temp Introduction Fee shall be calculated in accordance with the Company’s fees for permanent introductions under clause 3 in ‘Terms of Business for the introduction of permanent staff’.Where the amount of the annual commencing remuneration is not readily ascertainable the fee will be calculated as a multiple on 180 times the hourly charge at which the temporary worker has last supplied to the Client by the Company. |
| 6.2 |
If the Temp to Perm Engagement or Temp to Temp Engagement (as the case may be) occurs within the time periods set out above then, as an alternative to paying the Temp Introduction Fee, the client may opt by giving notice in writing to have the temporary worker supplied for an additional period of 22 weeks on terms no less favourable to the Client than those which applied between the Client and the Company before it received notice that the Client wished to opt for the extended period of hire under the terms of this clause. |
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7. liability |
| 7.1 |
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 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 in 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. |
| 7.2 |
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 of the Client’s own staff (excluding the matters specifically mentioned in clause 5 above), 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. |
| 7.3 |
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 and/or result of any breach of these terms by the Client. |
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8. Termination |
| 8.1 |
The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing the Employment Business to remove the Temporary Worker. The Employment Business may in such circumstances reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates;
(a) within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours;
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b) within two hours for bookings of seven hours or less and also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment. |
| 8.2 |
Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability. |
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9. Law |
| 9.1 |
These Terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts. |
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General |
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These Terms of Business supersede all previous Terms and Conditions issued by Henry Recruitment Ltd.The rate and all other fees mentioned herein are quoted exclusive of Value Added Tax unless expressly stated to the contrary.No variation can be made to these terms without the consent of a Director of the Agency.Nothing herein contained shall constitute the relationship of Master and Servant or any partnership either between the Client and the Agency or between the Client and the Temporary Workers or Applicants supplied.These Terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts. |
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Terms of Business for the supply of supply of limited company contractors
1. Definitions |
| 1.1 |
In these Terms of Business the following definitions apply:
‘Assignment’ - means the period during which the Contractor is engaged by the Client to render services;
‘Client’ - means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to whom the Contractor is introduced;
‘Employment Business’ - means Henry Recruitment Ltd, 20 The Causeway, Bishop’s Stortford, Herts CM23 2EJ
‘Contractor’ - means the Limited Company introduced to the Client by the Employment Business and engaged by the Client to carry out an Assignment (and save where otherwise indicated, includes any officer, employee or representative thereof);
‘Engagement’ - means any employment or use of the Contractor’s services or the services of any officer, employee or representative of the Contractor, whether under a contract of service or for services, for 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 Contractor, in person or by telephone, following the Client’s instruction to the Employment Business to supply a Contractor or (ii) the passing to the Client of information which identifies a Contractor; and which leads to the engagement by the Client of the Contractor. |
| 1.2 |
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. |
| 1.3 |
The headings contained in these Terms are for convenience only and do not affect their interpretation. |
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2. The contract |
| 2.1 |
These Terms constitute the contract between the Employment Business and the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or engagement of Contractors. |
| 2.2 |
Unless otherwise agreed in writing by a Director of the Employment Business, these Terms prevail over any terms of business or purchase conditions proffered by the Client. |
| 2.3 |
No variation or alternation to these Terms shall be valid unless approved by the Employment Business in writing. |
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3. Confirmation of assignments |
| 3.1 |
Prior to the commencement of the Assignment, or if this is not practical, upon commencement of the Assignment, the Employment Business will send to the Client written confirmation of the Assignment specifying the duration of the Assignment, the identity of the Contractor, the hourly rate charged by the Employment Business together with such expenses as may have been agreed, notice period to terminate the contract, the intervals at which invoices shall be rendered to the Client by the Employment Business and any other relevant information. |
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4. Charges |
| 4.1 |
The Client agrees to pay the hourly charges of the Employment Business as notified at the commencement of the Assignment and which may be varied from time to time during the Assignment. The charges are calculated according to the number of hours worked by the Contractor (to the nearest quarter hour). The charges are comprised mainly of the Contractor’s remuneration but also include the Employment Business’s commission, 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 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 28 days from date of invoice. The Employment Business reserves the right to charge interest on any overdue amounts at the rate of 2.5% per annum above the base rate from time to time of National Westminster Bank from the due date until the date of payment. |
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5. Work logs |
| 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) the Client shall sign the Employment Business’s work log properly completed by the Contractor to indicate the number of hours worked by the Contractor during the preceding week of the Assignment. |
| 5.2 |
Signature of the work log by the Client constitutes acceptance that the Contractor’s services have been provided for the hours indicated and that such services have been satisfactory and in accordance with these Terms. Failure to sign the work log does not affect the Client’s obligation to pay the charges in respect of the hours worked. |
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6. Remuneration |
| 6.1 |
The Employment Business is responsible for paying the Contractor’s remuneration and for deducting any sums from this as may be required by law. |
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7. Introduction fees |
| 7.1 |
The client undertakes that in the event of the client
a Engaging (whether for a definite or indefinite period) any Contractor supplied to the client resulting (directly or indirectly) in an engagement (‘Temp to Perm Engagement) (which the Client shall immediately notify to the company);
b Effectively introducing (directly or indirectly) any Contractor supplied to the client by the company to another person, including any affiliate of the Client, resulting (directly or indirectly) in an engagement (‘Temp to Third Party Engagement’) (which the Client shall immediately notify to the company); or
c Utilising (whether for a definite or indefinite period) any Contractor originally supplied to the Client by the Company but subsequently supplied by a third party employment business to the Client (‘Temp to Temp engagement’) (which the Client shall immediately notify to the company),
The Client shall, subject to clause 7.2 pay the Company a fee (‘Temp Introduction Fee’) if the Temp to Perm Engagement, the Temp to Third Party Engagement or the Temp to Temp Engagement (as the case may be occurs within either 14 weeks of the start of the first assignment (provided that there has not been a break of 42 days or more between assignments) or within 8 weeks of the end of any assignment, which ever period ends later.The Temp Introduction Fee shall be calculated in accordance with the Company’s fees for permanent introductions under clause 3, ‘Terms of Business for the introduction of permanent staff’. Where the amount of the annual commencing remuneration is not readily ascertainable the fee will be calculated as a multiple on 180 times the hourly charge at which the Contractor has last supplied to the Client by the Company. |
| 7.2 |
If the Temp to Perm Engagement or Temp to Temp Engagement (as the case may be) occurs within the time periods set out above then, as an alternative to paying the Temp Introduction Fee, the client may opt by giving notice in writing to have the Contractor supplied for an additional period of 22 weeks on terms no less favourable to the Client than those which applied between the Client and the Company before it received notice that the Client wished to opt for the extended period of hire under the terms of this clause. |
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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 Contractors 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 Contractor for all or part of the period of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Contractor or if the Contractor 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 |
Contractors provided by the Employment Business to the Client are deemed to be under the direction and control of the Client for the duration of the Assignment. The Client will comply in all respects with all relevant statutes, bye-laws and legal requirements including provision of adequate Public Liability insurance in respect of the Contractor. 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. |
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9. Termination of the assignment |
| 9.1 |
The Client may terminate the Assignment by giving to the Employment Business [in writing] the period of notice specified in the written confirmation. |
| 9.2 |
Notwithstanding the provisions of sub-clause 9.1 the Client may terminate the Assignment forthwith by notice in writing to the Employment Business where: |
| 9.3 |
The Contractor is in wilful or persistent breach of its obligations;The Client reasonably believes that the Contractor has not observed any condition of confidentiality applicable to the Contractor from time to time; orfor any reason the Contractor proves unsatisfactory to the Client. |
| 9.4 |
The Employment Business may terminate an Assignment forthwith by notice in writing:If the Client is in wilful or persistent breach of its obligations under these Terms; orIf the Client becomes bankrupt or has a receiving order or administrative order made against it or is put into liquidation (save for the purposes of solvent reconstruction or amalgamation). |
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10. Law |
| 10.1 |
These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England. |
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GENERAL |
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These Terms of Business supersede all previous Terms and Conditions issued by Henry Recruitment Ltd.The rate and all other fees mentioned herein are quoted exclusive of Value Added Tax unless expressly stated to the contrary.No variation can be made to these terms without the consent of a Director of the Agency.Nothing herein contained shall constitute the relationship of Master and Servant or any partnership either between the Client and the Agency or between the Client and the Temporary Workers or Applicants supplied.These Terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts. |
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