Terms of Business and Services
1 Terms and Conditions between Alchemy Styzeler Recruitment Limited, a limited company with registration number [11340586] and registered address [Kemp House 152-160 City Road London ] and the Client
2 The Client is seeking to engage the services of the Agency to introduce potential candidates (Applicants) to the Client with a view to the Client possibly engaging the services of the Applicant for temporary or permanent positions.
Both Parties agree that this arrangement shall be governed by these terms and conditions including any subsequent amendments. Both Parties agree to be bound by these terms and conditions.
3 These Terms and Conditions are deemed to be accepted by the Client by virtue of their request from the Agency for an introduction of Applicants with a view to the Client potentially engaging the services of those applicants in either a temporary or permanently capacity.
4 For the purposes of this agreement, ‘introduction’ shall mean any of the following; the Client inviting an Applicant for interview (whether in person or via telephone or any other means), the Client accepting an Applicant’s CV or Applicant's details, via the post, e-mail, facsimile, or oral communication.
5 The Client agrees that any introductions made to them by the Agency and any Applicant details are confidential and are supplied to the Client by the Agency on the understanding that the Agency will keep all Applicant’s information confidential and not to disclose it to any third party (save as to any disclosure required by law) without the Agency's, or the Applicant’s prior written consent.
6 The Agency will not make any Applicant introduction or supply any details of any Applicant to the Client until such time as the Client has supplied the Agency with the following information, and the Agency is satisfied with the accuracy and validity of that information:-
(a) Details confirming the Client’s personal and corporate identity and
the nature of its business;
(b) The proposed start date for any engagement that the Client is seeking
to engage the services of the Applicant and (if necessary) the likely duration
of the work;
(c) The position the Client is seeking to fill, together with a summary of
the type of work the Applicant would be required to do, the location and hours
at which he or she would be expected to work, details of any potential
health and safety risks and any steps the Client has taken to limit such risks.
(d) Details of the experience, training, qualifications and any authorisations
required to be possessed by the Applicant (either as required by law or a
professional body, or as the Client considers necessary);
(e) Any expenses payable by or to the Applicant by the Client;
(f) the minimum rate of remuneration and benefits to be offered and
the intervals at which payment would be made, and the length of notice an
Applicant in such a position would be required to give to the Client or
entitled to receive from the Client, on termination of their engagement;
(g) confirmation that the Client is aware of all the legal and/or
professional requirements required to be satisfied before the Applicant can be
engaged by the Client, together with confirmation that the supply by the Agency
to the Client of Applicants will not be detrimental to the Client's interests;
and
(h) confirmation from Client to authorises the Agency to disclose
any and all information provided by the Client under this clause 4 to such of
the Agency’s officers and employees and any other party as the Agency shall see
fit, and
(i) confirmation from the Client authorising the Agency and any of its officers and employees to disclose any of the information provided to the Agency by the Client under this clause 4 to Applicants introduced to the Client or supplied to the Client by the Agency.
7 The Agency shall in no way be liable for payment of any tax (including income tax and national insurance) or pension owed by the Applicant. The taxation arrangements are to be discussed and agreed between the Applicant and the Client.
8 Fees due to the Agency by the Client will be charged by the Agency for any Applicant engaged as a consequence of, or resulting from, an introduction (whether direct or indirect) by the Agency to the Client.
9 This fee shall be payable if any Applicant is engaged by the Client for any position with the Client, or if the Applicant subsequently re-applies for any other position within the Client company (even if that position differs from the position in which the Client was initially engaged) or is engaged by any associate company, firm or person or any other third party to whom the Client may introduce the Applicant within the period of one year from the date of introduction by the Agency.
10 All introductions made by the Agency to the Client are confidential. The passing on of an introduction by the Client to any third party employer, recruitment agency, employment business, firm or company not party to this Agreement which results in an engagement for that Applicant renders the Client liable to pay the Agency’s fee as set out above.
11 If within twelve months of the Client asking the Agency to
introduce an Applicant to the Client, or within twelve months of the completion
by an applicant engaged on a temporary contract of his temporary assignment, or
the engagement of an Applicant by the Client (whichever shall be the latter) it
agrees to engage any person who is or was during that period, employed by the
Agency, then the Client will become liable for a fee calculated in accordance
with the provisions of clause 12. No rebate shall apply in respect of any
such fee charged.
12 The Agency shall use all reasonable endeavours to ensure the suitability of any Applicant introduced by the Agency to the Client. However, the Agency is not responsible for establishing or verifying any Applicant references or previous experience, qualifications etc., the Client is solely responsible for establishing for itself the suitability of any Applicant and shall be responsible for taking up any references (including establishing the veracity of any professional or academic qualifications) provided by any Applicant (either by the Applicant, or by the Agency to the Client during the initial introduction) before engaging any Applicant.
13 Save where it is required by law that the Agency obtains evidence of qualifications, references or permits, The Client shall be responsible for establishing the Applicant’s right to work in the United Kingdome, including obtaining any necessary work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and to satisfy any medical and other requirements or qualifications required by law.
14 The Agency shall not be held liable in any way for any loss injury damage costs expenses or delay howsoever caused (and whether direct, indirect or consequential) incurred by the Client arising directly or indirectly from the introduction or supply of any Applicant. In particular, without limitation, to the foregoing the Agency shall not be liable for any such loss injury damages costs expenses or delay arising from or in any way connected with:-
(a) Failure of an Applicant to meet the Client's requirements, when said
Applicant had been introduced to the Client in good faith.
(b) Any act or omission of an Applicant during the course of their
employment (whether temporary or permanent) with the Client, whether wilfully
negligent fraudulent dishonest reckless or otherwise.
15 Nothing contained in this Agreement will stand contrary to the provisions of the Unfair Contract Terms Act 1977 (as amended), or of the provisions of our Privacy Policy, to the extent that those provisions are applicable to the Parties.
16 The liability of the Agency to the Client for any breach by the Agency of these terms and conditions or for any liability in negligence or otherwise shall not (save to the extent that such results in death or personal injury) exceed the Agency's commission relating to the introduction or supply of the relevant Applicant. In any event the Agency will not be liable in relation to any matter not reported by the Client in writing to the Agency within 3 working days of its occurrence.
17 The Client shall indemnify fully the Agency against all and any claims and liabilities howsoever arising in respect of any loss, injury, damages, costs expenses or delays suffered by it or incurred by, an Applicant howsoever caused (whether arising out of the Client’s acts omissions or otherwise) and against all and any claims made by any third party (arising from the Client’s omissions or otherwise) and against all and any claims made by any third party arising directly or indirectly or in any way connected with the introduction or supply of an Applicant to the Client or the acts or omissions of any such Applicant whether wilful reckless fraudulent negligent dishonest or otherwise. The Client shall also indemnify the Agency against all and any claims made by any Applicant supplied to the Client arising from or relating to The Working Time Regulations 1998.
18 The introduction fee is payable by the Client to the Agency immediately on engagement of an Applicant and in any event, within fourteen days of the date of the invoice provided by the Agency to the Client.
19 Employing a candidate the introduction fee is to be calculated on the gross annual remuneration the Applicant shall receive. This figure shall include (but not be limited to) the following: base salary and fees, guaranteed and/or anticipated bonus and commission earnings, PRP, allowances, inducement payments, the benefit of a company car (if applicable) 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 on the client.
20 Where the client provides a company car or car allowance a
notional amount of £4800 will be added to the salary in order to calculate
agency fees as set out in the scale of fees below. The Agency (at its sole discretion)
may offer discounts from the normal rate applicable, but any such discount
shall automatically be revoked if payment is not received within fourteen days
from the date of invoice, whereupon the full rate shall apply
SALARIES UP TO £19,999 - 5%
£20,000 AND ABOVE - 7%
INTERNATIONAL PLACEMENTS (10% - 15%)
21 In cases where the Client has engaged an Applicant on an initial temporary basis and then decides to employ the Applicant on a permanent basis, the Agency will offer a rebate to the Client on the following basis:
· If the Applicant had worked for the Client on a temporary basis for 10 days or less – a rebate of 25% shall apply
· If the Applicant had worked for the Client on a temporary basis for between 10 and 20 days – a rebate of 30% shall apply
· If the Applicant had worked for the Client on a temporary basis for more than 20 days – a rebated of 35% shall apply.
22 The Agency's invoices are subject to VAT and all accounts are
payable 14 days from the date of the invoice. The right is reserved in respect
of any invoice not paid within 30 days to charge interest at a rate of 8% above
the Bank of England Base Rate in force from time to time (without prior
notification) and to recover debt recovery costs in accordance with the Late
Payment of Commercial Debts (Interest) Act 1998 (from time to time amended) as
amended by the Late Payment of Commercial Debts (Interest) Regulations 2002.
23 Cancellation – 24 hours’ notice is required to cancel a booking if
the client fails to cancel the booking 24 hours
before the booking date, the agency reserves the right to charge 50% towards the
agency fee
24 Payment to the Agency of all fees owed by the Client must be made without deduction or set-off. All costs charges and expenses incurred by the Agency in recovering any outstanding account shall be paid by the Client on a full indemnity basis. Should any invoice be due and unpaid after 14 days then all invoices raised shall become immediately due and payable.
(a) The Agency may (at its sole discretion) give the Client a
refund on fees owed to it as calculated as set out in the table below in the
event of any Applicant terminating and/or the Client lawfully terminating the
employment of the Applicant within 8 weeks of the engagement date and where the
Client, (which includes any subsidiary of the Client or any associated company
firm of the Client or any person associated with the Client) does not re-engage
the Applicant in any capacity whatsoever within one year from the date of
termination of the employment of the Applicant;
(b) Notification of any request for any discount on fees
pursuant to this clause must be made in writing by the Client to the Agency
within seven days of the termination of the Applicant’s engagement. This
Discount will only apply if the fee owed to the Agency has been paid in full
within fourteen days of the engagement commencing.
(c) Should an Applicant’s permanent engagement terminate
before the expiration of eight weeks a refund may be allowed against the fee
for each complete week not worked as set out in the scale of rebates below.
· 1st & 2nd week of employment - 50%
· 3rd & 4th week of employment - 30%
· 5th & 6th week of employment -20
·
7th &
8th week of employment - 10%
In any event a minimum administration fee of £200 will be charged by the Agency
and deducted from any refund due to the Client.
25 The Client is responsible for ensuring compliance with all health and safety and other legislation relating to any assignment and the supervision direction and control of any worker supplied to the Client. Accordingly any insurance cover should be arranged directly by the Client.
26 No variation of these Terms and Conditions is valid or binding unless approved in writing by a director of the Agency and the Client.
27 Where the Agency is acting as an employment agency, unless the Client specifically authorises it in writing to do so, the Agency cannot and will not, nor shall it be deemed to be authorised to, act as the Client's agent in entering into contracts on its behalf with any Applicant
28 Nothing in these terms should be construed as the Applicant and the Agency being a partnership as defined by s.1 of the Partnership Act 1890. The Applicant and Agency are two distinct and separate legal entities and no relationship in law exists between them other than that of Agent and Applicant.
29 These Terms and Conditions shall be governed by and be construed in accordance with the laws of England and Wales and the Client submits to the non-exclusive jurisdiction of the courts of England and Wales in relation to any claim or matter arising out of these Terms and Conditions.
30
These Terms and Conditions are valid from the date below and
supersede and replace all previous Terms and Conditions of the Company.
We hereby have red and agree to the
Agency’s Terms and Conditions of business as detailed above.