PERMANENT STAFF
The terms governing the placement of Permanent Staff are to be read in conjunction with “Terms Applicable to Permanent and Contractual Staff Placements”

1. Upon engagement by the Client of any person introduced by the Company a fee of 20% of the engaged Applicant’s initial gross salary will be payable to the Company.

2. Should such engagement terminate within the first 12 weeks then (provided that such termination was notified to the Company in writing within 7 days thereof and provided that the Company’s fee for the introduction was paid when due) refunds are made as follows:
Termination in: up to 1 week refund 100% of total fee less £100 service charge
Not exceeding 4 weeks refund 50% of total fee
Not exceeding 8 weeks refund 25% of total fee
Not exceeding 12 weeks refund 10 % of total fee

3. The Client shall be liable for the Company’s introduction fee as set out in clause 1 if any person introduced or offered for engagement by the Company, the applicant is engaged by the Client within one year of such introduction or offer, or if the Client re-engages any person within one year of a termination falling within the provision of clause 2.

4. The Company endeavours to introduce applicants whose qualifications and experience meet the stated requirements of the Client. The Client will, however, ensure that its own enquiries and references are taken up to determine suitability of Applicants in all respects since the Company cannot accept any responsibility for the failure of any applicant to comply with the Client’s requirements in any respect.

CONTRACTUAL STAFF
The terms governing the placement of Contractual Staff are to be read in conjunction with “Terms Applicable to Permanent and Contractual Staff Placements”

5. General Conditions of Supply

5.1 Contractual staff are not employees of the Client or the Company, and therefore are not entitled to staff benefits save those legally required to be given. The Company will be responsible for the deduction of PAYE/National Insurance where applicable.

5.2 The document called ‘Schedule 1’ will detail the name of the Contractor, job title, assignment dates, hours of work, pay rates and notice requirements. This document will be supplied per assignment or any change during the assignment, and should be taken as part of the contract

5.3 The Company reserves the right to withdraw contractual staff at any time without incurring any liability. Suitable alternative applicants may be offered if appropriate.

5.3 The Company endeavours to assess the capabilities of individuals offered for contractual placement but may have no first hand experience of their work. Therefore, the Client will interview such individuals, ensure their suitability in all respects and take up all appropriate references prior to commencement of the assignment. It rests with the Client to provide adequate guidance to contractual staff, supervision of all work carried out by them and to monitor progress with a view to continuing or terminating the engagement.

5.4 The Client may dispense with the services of any contractual staff provided by the Company on giving the Company’s appropriate notice if applicable. The Company will endeavour to find a suitable replacement if necessary.

5.5 The Client shall be liable for the Company’s introduction fee for permanent staff as set out in clause 1 if the Client engages the services of any contractual staff within one year of the last date on which they were supplied, or introduced to the Client. In the event that the introduction fee becomes payable under the provisions of this sub-clause, then the provision for refund contained in clause 2 shall not apply.

5.6 The Client accepts that contractual staff will be working under the direct supervision and control of the Client; work will be selected by the Client and premises designated by the Client. The Client will comply in all respects with all statutes to which the Client is ordinarily subject to in respect of the Clients own staff, in particular the provision of Employers and Public Liability Insurance cover for the Contractor during the assignment.

6. Charges and Time Sheets

6.1 The hourly charge(s) for contractual staff will be agreed between the Company and the Client from time to time.

6.2 The Company will invoice on a weekly basis at the agreed hourly charge plus VAT at the rate in force at the time.

6.3 The Company may act upon any time sheet, once signed by or on behalf of the Client. A signed time sheet shall be binding upon the Client and conclusive as to the Client’s acceptance of the Company’s charges for the hours shown.

6.4 Failure of the Client to authorise the time sheet does not absolve the Client from being responsible for payment of any hours actually worked.



TERMS APPLICABLE TO PERMANENT AND CONTRACTUAL STAFF PLACEMENTS

7. Introduction

7.1 The introduction of an Applicant/contractual staff (hereafter referred to as “staff”) means the passing to the Client of curriculum vitae or other information, which identifies the staff; or the interview of the staff by the Client, or a representative of the Client, by telephone or in person. These Terms are deemed to be accepted by the Client by virtue of its request for an introduction to the staff.

8. Notification of Engagements and Calculation of Remuneration

8.1 Within 7 days of the engagement of any staff who were introduced by the Company or in respect of clause 5.6, the Client shall notify the Company in writing of all relevant details of such engagement. If the Client shall fail to disclose details of the remuneration of an individual where a fee is payable under these Terms then the Company shall be entitled to estimate the likely remuneration and to charge its fee based thereon.

8.2 For the purposes of clause 1, annual salary shall be computed on the basis of 12 times the monthly or 52 times the weekly gross salary. For positions remunerated at an hourly rate, a week shall be the number of hours specified as the basic week on notification of the vacancy to the Company (or, if none were specified, then 37.5 hours).

8.3 A placement fee shall be payable under clause 1 or 3 or 5.6 whether the engagement or re-engagement of services is by the Client, by any third party acting at the direction of or by arrangement with the Client or as a result of the passing on of an introduction by the Client or any other disclosure by the Client of information concerning staff. An engagement shall include a request for services or an offer of employment on a permanent, contractual, self employed or other basis whether directly or through any incorporated body or third party or other employment agency or the acceptance of the services of the relevant individual under any circumstances (other than through the contractual staff services provided by the Company)

9. Payment

9.1 The Company’s terms are strictly 14 days net from date of invoice. No discount is allowed for earlier payment.

9.2 Any sum overdue for payment from the Client to the Company shall bear interest at the rate of 3% above the HSBC Bank Base Rate applicable at the time, for each calendar month or part thereof during which the sum remains unpaid.

10. Exclusion of Liability

10.1 The Company shall not be liable for any loss of profits, loss of contracts or consequential loss whatsoever and howsoever caused.

10.2 The Company shall not be liable for any loss or damage arising from any act or omission of any staff supplied or introduced by the Company, save insofar as the same can be attributed to any negligence by the Company.

10.3 The Company shall not be responsible for non-performance in whole or in part of its obligations hereunder nor under any liability to the Client, if such non-performance or liability is due to or arises from any cause beyond the control of the Company including, without limitation, act of God, war, insurrection, riot, civil commotion, Government regulation, embargo, explosion, strike, labour dispute, illness, flood, fire, tempest or failure of subcontractors or contractual staff to honour their obligations to the Company.

10.4 The Company holds a policy of Employers and Public Liability Insurance. A copy of the current policy with endorsements is available on request by the Client at any time. The Company undertakes to maintain the policy and pay the premiums falling due thereon or to obtain suitable alternative insurance cover.

10.5 The Client shall indemnify and keep indemnified the Company against all costs claims or liabilities incurred by the Company arising out of any Assignment and/or as a result of any breach of these Terms by the Client.

10.6 The Company shall not be liable for any loss, damage or expense arising from any staff temporarily or permanently absenting themselves from their duties to the Client. The Company shall use its best endeavours to provide suitable replacement staff.

11 General

11.1 Information disclosed by the Company to the Client concerning staff offered shall be treated by the Client as confidential and is only to be used by the Company for the purposes of considering whether or not to engage such staff on the terms hereof.

11.2 This agreement is subject to English Law and to the jurisdiction of the Courts of England and Wales.









137 - 139 High Street, Beckenham, Kent, BR3 1AG Tel: 020 8402 4442 Fax: 020 8402 4447
Email: consultants@venturer-recruitment.co.uk http://www.venturer-recruitment.co.uk
Company Registration No. 3001817 Vat Registration No. 523 7615 50