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The Recruitment & Employment Confederation

REC Diversity Assured Recruiter

Terms Of Business

CONDITIONS FOR THE HIRE OF PERMANENT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT

 

1. In these Terms of Business the following definitions apply:
"Applicant" means the person introduced by Select to the Client for an engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of Select'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 Select Accountancy (a division of Andrew Farr Associates Ltd, hereafter referred to as Select) of 26-30 Upper Marlborough Road, St Albans, AL1 3UU. "Engages" / "Engaged" / "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 the Client's interview of an Applicant in person or by telephone, following the Client's instruction to Select to search for an Applicant; or the passing to the Client of a Curriculum Vitae or information that identifies the Applicant and leads to an Engagement of the 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 or receivable by the Applicant for services rendered to or on behalf of the Client. Where a Client provides a company car, a notional amount of £ 5,000.00 will be added to the salary in order to calculate Select's fee. Where a car allowance is given the full amount of that allowance will be added to the salary in order to calculate Select’s fee.

Unless the context requires otherwise, references to the singular include the plural.
The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.


2. THE CONTRACT
These terms constitute the contract between Select and the Client and are deemed to have been accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about an Applicant to any third party following an Introduction. These terms contain the entire agreement between the parties and prevail over any other terms of business or purchase conditions put forward by the Client. Variations to these Terms will only be valid if they are agreed in writing between the parties, with a date from which the variations take effect.


3. NOTIFICATION
The Client agrees:
1) To notify Select immediately of any offer of an Engagement that it makes to an Applicant.
2) To notify Select immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to Select;
3) To pay Select's fee within 14 days of the invoice.

Select reserves the right to charge interest on any accounts that remain outstanding at the rate of 8% above the London Inter-Bank offer rate until the account is settled.


4. FEES
The fee payable by the Client to Select for the Introduction of an Applicant who subsequently accepts an Engagement is calculated as a percentage of the Applicant's anticipated annual Remuneration during the first 12 months of the placement. The fee is payable for any Engagement that takes place within six months of the original Introduction.

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
VAT is payable in addition to any fee due. Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.

4.a RETAINED ASSIGNMENTS
In the case of retained searches where the precise annual salary is not known in advance, it will be estimated for the purpose of calculating the first two instalments of the Introduction Fee. The final instalment will be based on the actual salary with any adjustments made. The Introduction Fee will be payable in the following instalments:
a) one third upon our acceptance of your instructions regarding the assignment
b) one third upon presentation of a short-list of candidates
c) the final instalment upon commencement of the engagement.

In the event that you terminate the assignment before its conclusion, the initial instalment becomes a cancellation fee and is non-refundable.
Entitlement to a rebate as per clause 5 below will only apply to the final instalment.


4.b FIXED TERM CONTRACTS
In the event that the Client engages an Applicant on a fixed term contract, where they are employed directly by the client, the fee shall be calculated as a percentage of the Applicant's Remuneration, calculated on a pro-rata basis in accordance with the length of the contract and in accordance with the Introduction Fee (see clause 4 above). The minimum contract period is 6 months. In the event that the contract is renewed or extended after its initial term, further fees are payable in accordance with the Introduction Fee until such time as the contract ceases or is confirmed as a permanent position. In the latter case a fee is then payable in accordance with the Introduction Fee. No rebate is payable on Contract fees or where contracts convert into permanent positions.


5 REBATE ENTITLEMENT
In order to qualify for the rebate scheme, the Client must pay Select's full fee within 14 days of the date of the invoice and must notify Select in writing within 7 days of the termination of the Engagement.
The Client will be entitled to the following rebate scheme should the Applicant's Engagement end (for whatever reason other than that the Applicant is made redundant, or that the Client failed to inform the Applicant of any factors or circumstances relating to the vacancy that may have affected the Applicant's acceptance of the offer of Engagement).
1-2 weeks from date of commencement 100% rebate or free replacement
3-4 weeks from date of commencement 50% rebate
5-8 weeks from date of commencement 25% rebate

Where notice to end the Engagement is given, the relevant termination date for the purposes of this clause shall be the date upon which the notice expires.

If within 6 months of the termination, the Client re-engages the Applicant or introduces them to any other person, firm or company where they are subsequently Engaged in a permanent or temporary position, the Client will have to pay Select the full Introduction Fee.

Should the Client opt for the free replacement facility, where the Applicant has left within the first 2 weeks of employment, Select will use reasonable efforts to find a suitable replacement for a period of 12 weeks thereafter. On successful replacement Select will credit the original invoice and re-invoice the Client for the replacement. Should the replacement subsequently leave, however, there will be no rebate due to the Client.
Any changes to the fee structure negates these rebate terms, unless approved in writing by our Director or one of our managers.


6. INTRODUCTIONS
Applicant Introductions are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by Select that results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of Select's fee as set out in section 4 of this document.

An Introduction fee calculated in accordance with section 4 will be charged in relation to any Applicant Engaged as a consequence of or resulting from an Introduction by or through Select, whether direct or indirect within 6 months from the date of Select's Introduction.

In the event of any employee of Select with whom the client has had personal dealings accepts an Engagement with the Client within 3 months of leaving Select's employment, the Client shall be liable to pay an Introduction fee as calculated in section 4 of this document.


7. SUITABILITY AND REFERENCES
1) Select endeavours to ensure the willingness of any Applicant introduced to accept the position the Client wishes to fill and their suitability by obtaining confirmation of the Applicant's identity, experience, training, qualifications and professional status as required by law, the Client or a professional body. When proposing an Applicant to a Client, Select shall inform the Client of such matters noted above where they have obtained confirmation. If this information is provided verbally it will be confirmed in written form, either in hard copy or electronically, within 3 working days.

2) Select 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 that the Client seeks to fill and to ensure that it would not be detrimental to the interests of either party for the Applicant to work in the position the Client seeks to fill.

3) Notwithstanding the above, the Client shall satisfy itself as to the suitability of the Applicant and take up any references provided by the Applicant before engaging the 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 in to 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.

4) To enable Select to comply with its obligations under points 1, 2 and 3 above the Client undertakes to provide Select with details of the position it seeks to fill, the type of work required of the Applicant, its location and hours, the experience, training, qualifications, and any authorisation required by law, the Client or a professional body for the Applicant to possess in order to work in the position and any risks to Health and 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 of commencement, the likely duration of the work, the remuneration and payment intervals and the notice periods applicable to both parties.


8. SPECIAL SITUATIONS
Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position that the Client seeks to fill, Select will take all reasonable 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 Select 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
Select shall not be liable under any circumstances for any loss, damage, expense, delay, costs or compensation (whether direct, indirect or consequential) that may be suffered or incurred by the Client arising from or in any way connected with Select seeking an Applicant for the Client or from the failure of Select to introduce any Applicant. For the avoidance of doubt, Select does not exclude liability for death or personal injury arising from its own negligence.


10. DATA PROTECTION
The Client will only use and process information provided by Select on Applicants for recruitment purposes and in accordance with UK Data Protection legislation. To improve the service provided and for training purposes, Select may monitor or record communications (for example, by telephone and e-mail).


10. ALTERATIONS
No alterations to these Terms shall have effect unless confirmed in writing by either our Director or one of our Managers.

These Terms are governed by the law of England, Wales and Scotland and are subject to the exclusive jurisdiction of the Courts of England, Wales and Scotland.






CONDITIONS FOR THE HIRE OF TEMPORARY STAFF WHO ARE ENGAGED UNDER A CONTRACT FOR SERVICES WITH SELECT.


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 Temporary Worker is supplied or introduced.
"The Employment Business" means Select Accountancy (a division of Andrew Farr Associates Ltd, hereafter referred to as Select) of 26-30 Upper Marlborough Road, St Albans, AL1 3UU. "Engages" / "Engaged" / "Engagement" means the engagement, employment or use of the Temporary Worker 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 agreement; or any other engagement; directly or through a limited company of which the Temporary Worker is an officer or employee.
"Temporary Worker" means the individual who is introduced by Select to render services to the Client.
"Transfer Fee" means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Relevant Period" means the later date of either 14 weeks from the first 1 day on which the Temporary Worker was supplied by Select to work for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by Select to the Client.
"Introduction Fee" means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Introduction" means the Client's interview of a Temporary Worker in person or by telephone, following the Client's instruction to Select to supply a Temporary Worker; or the passing to the Client of a Curriculum Vitae or information which identifies the Temporary Worker and which leads to an Engagement of that Temporary Worker.
"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 or receivable by the Applicant for services rendered to or on behalf of the Client. Where a Client provides a company car, a notional amount of £ 5,000.00 will be added to the salary in order to calculate Select's fee. Where a car allowance is given the full amount of that allowance will be added to the salary in order to calculate Select's fee.

Unless the context requires otherwise, references to the singular include the plural.
The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

1 The first day will be the first occasion on which a Temporary Worker is supplied to work for the Client or the first day of an assignment where there has been more than 42 days since the end of the previous assignment.


2. THE CONTRACT
These terms constitute the contract between Select and the Client for the supply of the Temporary Worker's services by Select 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 or the passing of any information about the Temporary Worker to any third party following an Introduction.

These terms contain the entire agreement between the parties and prevail over any other terms of business or purchase conditions put forward by the Client. Variations to these Terms will only be valid if they are agreed in writing between the parties, with a date from which the variations take effect.


3. CHARGES
The Client agrees to pay Select's hourly charges calculated according to the number of hours worked by the Temporary Worker (to the nearest ¼ hr). The charges comprise mainly of the Temporary Worker's pay, National Insurance Contributions and any travel, hotel or other expenses as may have been agreed with the Client, or as are reasonable. VAT if applicable, is payable on the entirety of these charges.

The charges are invoiced to the Client on a weekly basis and are payable within 14 days. Select reserves the right to charge interest on any accounts which remain outstanding at the rate of 8% above the London Inter-Bank offer rate on the original amounts until the account is settled.


4. INFORMATION TO BE PROVIDED
When making an Introduction of a Temporary Worker to the Client, Select shall inform the Client of the Temporary Worker's identity, willingness to work on the assignment and their necessary experience, training, qualifications and professional status as required by law, the Client or a professional body to work in the assignment. If this information is provided verbally it will be confirmed in written form either in hard copy or electronically within 3 working days.


5. TIMESHEETS
At the end of each week of an Assignment, or at the end of the Assignment if it is for one week or less, the Client shall sign Select's timesheet verifying the hours worked by the Temporary Worker during that week.

Signature of the timesheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a timesheet because the Client disputes the hours claimed, the Client shall inform Select as soon as is reasonably practicable and shall cooperate fully and in a timely fashion with Select to establish what hours, if any, the Temporary Worker worked. Failure to sign the timesheet does not absolve the Client's obligation to pay the charges in respect of the hours worked.

In cases of unsatisfactory work, the Client should apply the provisions of clause 10 but is required to sign the timesheet confirming hours worked.


6. PAYMENT OF THE TEMPORARY WORKER
Select assumes responsibility for paying the Temporary Worker and where appropriate, for the deduction and payment of National Insurance contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-77 of the Income Tax (Earnings and Pensions) Act 2003.


7. TRANSFER AND INTRODUCTION FEES
1) In the event of the Engagement of a Temporary Worker supplied by Select either directly to the Client or by the Client pursuant to being supplied by another Employment Business, within the Relevant Period the Client shall be liable to either:
  • an extended period of hire of the Temporary Worker being 26 weeks during which Select shall be entitled to the charges set out in clause 3 above for each hour the Temporary Worker is supplied, having given 7 day's notice; or
  • a transfer fee calculated as shown below;

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

2) In the event that there is an Introduction of a Temporary Worker to the Client that does not result in the supply of that Temporary Worker by Select to the Client, but which leads to the Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another Employment Business the Client shall be liable to either:

  • an extended period of hire of the Temporary Worker being 26 weeks during which Select shall be entitled to the charges set out in clause 3 above for each hour the Temporary Worker is supplied, having given 7 day's notice; or
  • a transfer fee calculated as shown below;

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

3) In the event that the Temporary Worker is introduced by the Client to a third party that results in the Engagement of the Temporary Worker by the third party within the Relevant Period the Client shall be liable to pay a Transfer Fee as shown below:

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.


7.a FIXED TERM CONTRACTS
In the event that the Client engages an Applicant on a fixed term contract, where they engaged under a Contract for Services with Select, the fee shall be calculated as a percentage of the Applicant's Remuneration, calculated on a pro-rata basis in accordance with the length of the contract and in accordance with the Introduction Fee (see clause 4 above). The minimum contract period is 6 months. In the event that the contract is renewed or extended after its initial term, further fees are payable in accordance with the Introduction Fee until such time as the contract ceases or is confirmed as a permanent position. In the latter case a transfer fee is then payable as shown below:

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.


8. LIABILITY
1) Whilst every effort is made by Select to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from a Temporary Worker and further to provide them in accordance with the Client's booking details, Select 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, Select does not exclude liability for death or personal injury arising from its own negligence.

2) A Temporary Worker supplied by Select is engaged under a Contract for Services. They are not the employee of Select, but 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 the Temporary Worker 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, Health and Safety at Work Act etc, 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 6 above), including in particular the provision of adequate Employer's and Public Liability insurance cover for the Temporary Worker during assignments.

3) The Client shall advise Select of any special Health and Safety matters about which Select is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. The Client will assist Select in complying with Select's duties under the Working Times Regulations by supplying any relevant information about the Assignment requested by Select and the Client will not do anything to cause Select to be in breach of its obligations under these regulations. Where the Client requires or may require the services of the Temporary Worker for more than 48 hours in any week, the Client must notify Select of this requirement before the commencement of that week.

4) The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.
Select will make every reasonable effort to ensure that the Temporary suits the Client's requirements in terms of standards of skills, integrity and reliability. However, neither Select nor anyone acting on Select's behalf is liable for any loss, expense or damage caused by any act or omission of the Temporary Worker. Select is not responsible for obtaining work or other permits, references or medical reports.

5) The Client shall indemnify Select against any costs, claims or liabilities incurred by Select arising out of any Assignment or arising out of any non-compliance with clauses 2 and/or 3 as a result of any breach of these Terms by the Client.


9. SPECIAL SITUATIONS
Where the Temporary Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment, Select will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Temporary Worker, two references from persons not related to the Temporary Worker 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 Temporary Worker is suitable for the position. If Select 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
1) The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client's satisfaction with the 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 Select to remove the Temporary Worker. Select may, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates: -
  1. Within 4 hours of the Temporary Worker commencing duties where the booking was for more than 7 hours, and
  2. Within 2 hours where the booking was for 7 hours or less. and also providing that notification of the unsuitability of the Temporary Worker is confirmed in writing to Select within 48 hours of the termination of the Assignment.

2) The Client, Select or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.

3) The Client shall notify Select immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.

4) Select shall notify the Client immediately if it receives or otherwise obtains information, which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment, and shall terminate the Assignment under the provision of clause 10.2.


11. DATA PROTECTION
The Client will only use and process information provided by Select on Applicants for recruitment purposes and in accordance with UK Data Protection legislation. To improve the service provided and for training purposes, Select may monitor or record communications (for example, by telephone and e-mail).


12. ALTERATIONS
No alterations to these Terms shall have effect unless confirmed in writing by our Director or one our Managers.

These Terms are governed by the law of England/Scotland and Wales and are subject to the exclusive jurisdiction of the Courts of England/Scotland and Wales.






CONDITIONS FOR THE HIRE FOR THE SUPPLY OF LIMITED COMPANY CONTRACTORS WHO HAVE NOT OPTED OUT OF THE CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES REGULATIONS 2003.


1. In these Terms of Business the following definitions apply:
"Assignment" means the period during which the Contractor 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 Contractor is supplied or introduced.
"The Employment Business" means Select Accountancy (a division of Andrew Farr Associates Ltd, hereafter referred to as Select) of 26-30 Upper Marlborough Road, St Albans, AL1 3UU. "Engages" / "Engaged" / "Engagement" means the engagement, employment or use of the Contractor 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 agreement; or any other engagement; directly or through a limited company of which the Contractor is an officer or employee.
"Contractor" means the Limited Company introduced to the Client by Select to carry out an assignment (and save where otherwise indicated, includes any officer, employee or representative thereof)
"Transfer Fee" means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Relevant Period" means the later date of either 14 weeks from the first 1 day on which the Contractor was supplied by Select to work for the Client, or 8 weeks from the day after the Contractor was last supplied by Select to the Client.
"Introduction Fee" means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Introduction" means the Client's interview of a Contractor in person or by telephone, following the Client's instruction to Select to supply a Contractor; or the passing to the Client of a Curriculum Vitae or information which identifies the Contractor and which leads to an Engagement of that Contractor.
"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 or receivable by the Applicant for services rendered to or on behalf of the Client. Where a Client provides a company car, a notional amount of £ 5,000.00 will be added to the salary in order to calculate Select's fee. Where a car allowance is given the full amount of that allowance will be added to the salary in order to calculate Select's fee.

Unless the context requires otherwise, references to the singular include the plural.
The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

1 The first day will be the first occasion on which a Contractor is supplied to work for the Client or the first day of an assignment where there has been more than 42 days since the end of the previous assignment.


2. THE CONTRACT
These terms constitute the contract between Select and the Client for the supply of the Contractor's services by Select to the Client and are deemed to be accepted by the Client by virtue of its request, for interview with or engagement of the Contractor or the passing of any information about the Contractor to any third party following an Introduction.

These terms contain the entire agreement between the parties and prevail over any other terms of business or purchase conditions put forward by the Client. Variations to these Terms will only be valid if they are agreed in writing between the parties, with a date from which the variations take effect.


3. CHARGES
The Client agrees to pay Select's hourly charges calculated according to the number of hours worked by the Contractor (to the nearest ¼ hr). The charges comprise mainly of the Contractor's pay, National Insurance Contributions and any travel, hotel or other expenses as may have been agreed with the Client, or as are reasonable. VAT if applicable, is payable on the entirety of these charges.

The charges are invoiced to the Client on a weekly basis and are payable within 14 days. Select reserves the right to charge interest on any accounts which remain outstanding at the rate of 8% above the London Inter-Bank offer rate on the original amounts until the account is settled.


4. INFORMATION TO BE PROVIDED
When making an Introduction of a Contractor to the Client, Select shall inform the Client of the Contractor's identity, willingness to work on the assignment and their necessary experience, training, qualifications and professional status as required by law, the Client or a professional body to work in the assignment. If this information is provided verbally it will be confirmed in written form either in hard copy or electronically within 3 working days.


5. TIMESHEETS
At the end of each week of an Assignment, or at the end of the Assignment if it is for one week or less, the Client shall sign Select's timesheet verifying the hours worked by the Contractor during that week.

Signature of the timesheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a timesheet because the Client disputes the hours claimed, the Client shall inform Select as soon as is reasonably practicable and shall cooperate fully and in a timely fashion with Select to establish what hours, if any, the Contractor worked. Failure to sign the timesheet does not absolve the Client's obligation to pay the charges in respect of the hours worked.

In cases of unsatisfactory work, the Client should apply the provisions of clause 10 but is required to sign the timesheet confirming hours worked.


6. PAYMENT OF THE CONTRACTOR
Select assumes responsibility for paying the Contractor and where appropriate, for the deduction and payment of National Insurance contributions and PAYE Income Tax applicable to the Contractor pursuant to sections 44-77 of the Income Tax (Earnings and Pensions) Act 2003.


7. TRANSFER AND INTRODUCTION FEES
1) In the event of the Engagement of a Contractor supplied by Select either directly to the Client or by the Client pursuant to being supplied by another Employment Business, within the Relevant Period the Client shall be liable to either:
  • an extended period of hire of the Contractor being 26 weeks during which Select shall be entitled to the charges set out in clause 3 above for each hour the Contractor is supplied, having given 7 day's notice; or
  • a transfer fee calculated as shown below;

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

2) In the event that there is an Introduction of a Contractor to the Client that does not result in the supply of that Contractor by Select to the Client, but which leads to the Engagement of the Contractor by the Client either directly or pursuant to being supplied by another Employment Business the Client shall be liable to either:

  • an extended period of hire of the Contractor being 26 weeks during which Select shall be entitled to the charges set out in clause 3 above for each hour the Contractor is supplied, having given 7 day's notice; or
  • a transfer fee calculated as shown below;

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

3) In the event that the Contractor is introduced by the Client to a third party that results in the Engagement of the Contractor by the third party within the Relevant Period the Client shall be liable to pay a Transfer Fee as shown below:

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.


7.a FIXED TERM CONTRACTS
In the event that the Client engages an Applicant on a fixed term contract, where they engaged under a Contract for Services with Select, the fee shall be calculated as a percentage of the Applicant's Remuneration, calculated on a pro-rata basis in accordance with the length of the contract and in accordance with the Introduction Fee (see clause 4 above). The minimum contract period is 6 months. In the event that the contract is renewed or extended after its initial term, further fees are payable in accordance with the Introduction Fee until such time as the contract ceases or is confirmed as a permanent position. In the latter case a transfer fee is then payable as shown below:

The fee varies according to Remuneration as follows: -

Annual Remuneration Rate
Up to £24,999 22%
£25,000 to £49,999 25%
£50,000 and above 30%
Select may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.


8. LIABILITY
1) Whilst every effort is made by Select to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from a Contractor and further to provide them in accordance with the Client's booking details, Select is not liable for any loss, expense, damage or delay arising from any failure to provide any Contractor for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Contractor. For the avoidance of doubt, Select does not exclude liability for death or personal injury arising from its own negligence.

2) A Contractor supplied by Select is engaged under a Contract for Services. They are not the employee of Select, but 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 Contractor, whether wilful, negligent or otherwise as though the Contractor 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, Health and Safety at Work Act etc, 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 6 above), including in particular the provision of adequate Employer's and Public Liability insurance cover for the Contractor during assignments.

3) The Client shall advise Select of any special Health and Safety matters about which Select is required to inform the Contractor and about any requirements imposed by law or by any professional body, which must be satisfied if the Contractor is to fill the Assignment. The Client will assist Select in complying with Select's duties under the Working Times Regulations by supplying any relevant information about the Assignment requested by Select and the Client will not do anything to cause Select to be in breach of its obligations under these regulations. Where the Client requires or may require the services of the Contractor for more than 48 hours in any week, the Client must notify Select of this requirement before the commencement of that week.

4) The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Contractor for the Contractor to fill the Assignment.
Select will make every reasonable effort to ensure that the Temporary suits the Client's requirements in terms of standards of skills, integrity and reliability. However, neither Select nor anyone acting on Select's behalf is liable for any loss, expense or damage caused by any act or omission of the Contractor. Select is not responsible for obtaining work or other permits, references or medical reports.

5) The Client shall indemnify Select against any costs, claims or liabilities incurred by Select arising out of any Assignment or arising out of any non-compliance with clauses 2 and/or 3 as a result of any breach of these Terms by the Client.


9. SPECIAL SITUATIONS
Where the Contractor is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment, Select will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Contractor, two references from persons not related to the Contractor 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 Contractor is suitable for the position. If Select 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
1) The Client undertakes to supervise the Contractor sufficiently to ensure the Client's satisfaction with the standards of workmanship. If the Client reasonably considers that the services of the Contractor are unsatisfactory, the Client may terminate the Assignment either by instructing the Contractor to leave the Assignment immediately, or by directing Select to remove the Contractor. Select may, in such circumstances, reduce or cancel the charges for the time worked by that Contractor, provided that the Assignment terminates: -
  1. Within 4 hours of the Contractor commencing duties where the booking was for more than 7 hours, and
  2. Within 2 hours where the booking was for 7 hours or less. and also providing that notification of the unsuitability of the Contractor is confirmed in writing to Select within 48 hours of the termination of the Assignment.

2) The Client, Select or the Contractor may terminate an Assignment at any time without prior notice and without liability.

3) The Client shall notify Select immediately and without delay and in any event within 24 hours if the Contractor fails to attend work or notifies the Client that the Contractor is unable to attend work for any reason.

4) Select shall notify the Client immediately if it receives or otherwise obtains information, which gives it reasonable grounds to believe that a Contractor supplied to the Client is unsuitable for the Assignment, and shall terminate the Assignment under the provision of clause 10.2.


11. DATA PROTECTION
The Client will only use and process information provided by Select on Applicants for recruitment purposes and in accordance with UK Data Protection legislation. To improve the service provided and for training purposes, Select may monitor or record communications (for example, by telephone and e-mail).


12. ALTERATIONS
No alterations to these Terms shall have effect unless confirmed in writing by our Director or one our Managers.

These Terms are governed by the law of England/Scotland and Wales and are subject to the exclusive jurisdiction of the Courts of England/Scotland and Wales.

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