TERMS OF BUSINESS FOR:

Transcription

1 TERMS OF BUSINESS FOR: 1 st July Contract Start Date Dolphin Personnel Ltd your professional, local agency that offer the highest quality service with a caring, personal touch. PERMANENT When you require a permanent person for your Company, Dolphin Personnel Ltd will supply, with speed, a short list of applicants that have been tested, screened and matched to your job, all at a very reasonable finder s fee and with a money back guarantee. TEMPORARY Temporaries are a cost effective way of coping with work peaks, holidays, maternity leave and sickness. Dolphin Personnel Ltd offers an excellent service, including 24- hour emergency cover at seriously competitive prices. TEMP-TO-PERM Employ our temporaries after they have worked within your organisation through us for a total of 592 hours and then take them on without any further charge. Your requirements are based on: DOLPHIN PERSONNEL LTD AS FROM 01/01/2018 Job role/position Days (per hour) Charges/Rates ( /p) Waking Nights (after 10pm per hour) Sleep in (per shift) Residential Support worker Mon-Sun: **Double-time charge out on Bank Holidays EXC sleep in allowance** **Mileage for staff cars 0.50p per mile if used for Business Purposes** **Vat charged at current rate where applicable** **Cancellation charge is applied for staff members shifts cancelled 24 hours prior to commencement**

2 SCALE OF FEES (PERMANENT) Percentage fee based on salary of applicant Managerial and care positions: one payment of 10% of annual salary Other categories: by negotiation All fees subject to VAT Percentage Refund: Should any applicant having taken up employment subsequently leave the following credits will be allowed by the Company: Up to 2 weeks 100% credit Not exceeding 3 weeks 60%, Not exceeding 4 weeks 40%, Not exceeding 5 weeks 20% & Not exceeding 6 weeks 10%. The above refund structure is considered void where (i) A reduction in the quoted percentage fee has been negotiated (ii) Where the Client has withheld payment and/or failed to meet the Company s payment terms. Conditions & Terms of Business for the Introduction of Permanent Staff 1. All and any business undertaken by Dolphin Personnel Ltd or any of its subsidiaries or associates (hereinafter called the company) is transacted subject to the conditions set out, each of which shall be incorporated or implied in any agreement between the Company and its Client. In the event of conflict between these conditions and any other terms and conditions, the former shall prevail unless expressly agreed to the contrary by the Company in writing. 2. The interview by the client of any applicant introduced by the Company shall be deemed acceptance of and agreement to these conditions of business by the Client. 3. The client shall pay an introduction fee upon engaging any applicant introduced by the Company to the Client. The introduction fee shall be calculated in accordance with the Company s scale of fees in force and previously stated, plus Value Added Tax payable seven days from receipt of invoice. 4. The Company endeavours to ensure the suitability of any applicant introduced to the Client. The Client shall, notwithstanding satisfy himself as to the suitability of any applicant and shall take up any references provided by any applicant and/or the Company before engaging such applicant. The Client shall be responsible for obtaining work and other permits and for the arrangement of medical examinations and/or investigations into the medical history of any applicant. 5. In the event of any applicant terminating and/or the Client lawfully terminating the engagement within the period specified of the date upon which such applicant commenced work for the Client and provided: (i) that the Client notifies the Company in writing of the termination of engagement within seven days thereof; and (ii) that the Client or any subsidiary or associated company of the Client shall not engage the applicant within three months from the date of termination of the engagement, then the Client shall receive a credit calculated in accordance with the scale set out against the introduction fee payable under Condition 3 hereof and as defined earlier.

3 6. The Company shall not be liable under any circumstances for any loss of damage or expense suffered or incurred by the Client arising from or in any way connected with the Company seeking an applicant for the Client or the introduction by the Company to the Client of any applicant or the engagement of any applicant by the Client. 7. In the event of the Client introducing any applicant introduced to the Client by the Company to another person, firm or corporation resulting in an engagement by that person, firm or corporation, the Client shall pay to the Company an introduction fee in accordance with Condition 3 herein, unless the engagement occurs more than 6 months after the applicant s introduction by the Company to the Client. 8. All monies due to the Agency for Temporary or Permanent staff shall be paid by the Client within seven days of receipt of invoice. The client accepts that in accordance with the Late Payments of Commercial Debts (Interest) Act 1998, interest can be charged at the rate of 8% above the Bank of England rate, per month or part thereof plus Court costs as incurred. Conditions of Business: Temporary Staff 1. In these Conditions the following expressions shall be given the following meanings: Assignment The period during which a Temporary performs services or carries out work for (or arranged by) the Client under any one booking by or on behalf of the latter with the Company, commencing at the time the Temporary first reports to the Client to take up duties (or, if earlier, the commencement by the Temporary of such work or service) and ending upon the cessation by the Temporary of all such work and services. The Client Any person, firm or corporation who places an order with the Company for the supply of a Temporary worker. Temporary Any person who is supplied by the Company to the Client pursuant to Condition 6 of the Temporary Conditions and with a view to carrying out work for the Client. 2. In these conditions words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include feminine and neuter and vice versa. 3. All and any business undertaken by the Company is transacted subject to these Conditions all of which shall be incorporated in any agreement between the Company and the Client. In the event of any conflict between these Conditions and any other terms and conditions, these Conditions shall prevail unless expressly otherwise agreed in writing by a Director of the Company. No variation can be made to these Conditions without the written consent of a Director of the Company. 4. The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such provision for any other purpose or the remaining provisions. Any such provision shall be deemed to be severed for that purpose subject to consequential modification as may be necessary for the purpose of such severance. 5. The interviewing by or on behalf of the client or the acceptance of services by or on behalf of the Client (whichever first occurs) of any Temporary shall be deemed acceptance of and agreement to these Conditions.

4 6. The Company will supply a Temporary to carry out work for the client of such nature as the Client shall notify to the Company when placing its order for a Temporary. When placing its order the Client shall specify its exact requirements by providing full details of the type of work for which the Temporary is required and in particular, by notifying the Company of any special skills required for such work. The Client shall not allow any temporary to undertake any work other than that which has been notified by the Client to the Company in placing its order for such Temporary. 7. The client shall pay to the Company the following charges:- (a) the hourly charge in respect of each Temporary notified to the Client at the times of booking, (b) payments of National Insurance Secondary Contributions required to be paid by the Company as mentioned in Condition 9 below (c) such travel, and other expenses as may be agreed between the Client and the Company or in the event of disagreement, such expenses as are reasonable. Value Added Tax shall be paid in addition on such of the above charges as give rise to a charge to Value Added Tax 8. Temporaries are supplied to the Client on the basis that each Temporary will be the employee of the agency throughout the duration of the Assignment. The Client undertakes that it will not do any act or thing which would suggest otherwise. Notwithstanding the foregoing, as a matter of convenience in view of the Company s obligation under the legislation referred to in Condition 9 below, the Company will pay each Temporary the wages, overtime and other emoluments to which he is entitled for carrying out work for the Client 9. (a) As required by Section 38 of the Finance (No 2) Act 1975, the Company will make appropriate deductions and account to the Inland Revenue for income tax under Schedule E in respect of the remuneration of each Temporary which is treated as emoluments under the said Section 38. (b) As required by the Social Security (Categorisation of Earners) Regulations (1978/1989), the Company will make appropriate deductions and account for all necessary statutory contributions in respect of earnings related insurance relevant to the remuneration of each Temporary. 10. (a) The Client hereby undertakes to comply with all obligations, duties and regulations (whether statutory or otherwise and without prejudice to the generality of the foregoing those relating to the place, nature or system of work) in any way arising from or directly or indirectly connected with the services rendered by a Temporary. (b) Without prejudice to the generality of paragraph 10 (a) of this condition, all temporaries who are supplied to the Client for purposes which include the driving of vehicles are supplied to the Client on the Clients express warranty:- (1) That they are the holder of a valid Operations License under the Transport Act 1968, where this is required, (2) That it will take all necessary steps to ensure that such Temporaries comply with the provisions of the Transport Act 1968 and all other road transport legislation. (3) That it will take all steps that may be required by law in relation to the insurance, maintenance and safety of, and will in particular satisfy itself that such vehicles are roadworthy and properly maintained and shall under no circumstances require Temporaries to check such matters, (4) That it will control the driving duties of such Temporaries, their journeys and hours of work and comply with all statutory duties in regard thereto and in respect of driving licenses, macrographs and logbooks. 11. Because Temporaries are employed within specific Terms of Engagement that constitute a contract of service between them and the Agency and not with the Client, the Agency has no rights of supervision, direction or control over the manner, time and place where Temporaries carry out their work for the client. For the avoidance of doubt, all Temporaries

5 are engaged as self-employed workers, although the Employment Business is required to make statutory deductions from remuneration in accordance with PAYE Class 1 National Insurance & Income Tax pursuant to S134 of the Income & Corporation Taxes Act 1988 and any other deductions required by law. 12. In the event of any Temporary s services failing to satisfy reasonably the requirements of the Client or the Temporary failing to report to the Client within 1 hour of the appointed time, the charge for the time worked by him payable under condition 7 may be reduced or cancelled by the Company provided that:- (a) The Temporary leaves his assignment with the Client immediately upon the Client notifying such dissatisfaction to the Temporary, and (b) the Client gives notice to the Company (by telephone) which must be confirmed in writing to the Company as its relevant local office) that such services are unsatisfactory:- i) Within 4 hours of the Temporary commencing duties where the booking is for more than 7 hours; or ii) Within 2 hours of the Temporary commencing duties where the booking is for 7 hours or less The Company will not be obliged to reduce or cancel any charges if the Client fails to adhere to the time limits contained in this Condition (a) Without prejudice to the provisions of paragraph (b) of this condition 13, the Company will take all reasonable steps to ensure that the Temporary is reasonably suitable for the purposes notified to the Company by the Client prior to the time that such Temporary first reports to the Client for work. Where the Client required the Company to provide a Temporary for purposes which include the operation of a motor vehicle or a heavy goods vehicle or other vehicle of a specified class or description, the Company shall take all reasonable steps to enquire whether the Temporary is the holder of a current licence to drive a vehicle of the class or description duly notified to the Company by the Client as aforesaid. (b) The Client must verify at the time that the Temporary begins to render services for or on behalf of the Client that he can carry out the duties required, including the operation of any machinery or vehicles. (c) No liability will be accepted by the Company for any loss, injury, damage, expenses or delay arising directly or indirectly from or in any way connected with any failure by the Company to supply a Temporary for all or part of the period booked and the only rights or remedies of the Client shall be the reduction or cancellation of the charge payable under Condition 7 in accordance with Condition (a) The Company shall not be liable to the Client for any loss, injury, damage, expenses or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the supply of a Temporary to the Client and in particular, but without limitation to the foregoing, any such loss, injury, damage, expenses or delay so arising from or in any way connected with:- (i) Failure of the Temporary to meet the requirements of the Client for all or any of the purposes for which he is required by the Client (subject to Condition 12) (ii) any act or omission of a Temporary, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise, and PROVIDED THAT nothing in this Condition 14 shall be construed as purporting to exclude or restrict any liability of the Company to the Client for death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability any exclusion or irritation of which is prohibited by law. (b) In consideration of the Company entering into an agreement with the Client into which these Conditions are incorporated, the Client hereby undertakes to indemnify the Company in respect of any and all liability of the Company for:- (i) any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Temporary, howsoever caused, and (ii) any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Temporary,

6 whether wilful, reckless, fraudulent, negligent, dishonest or otherwise PROVIDED THAT this indemnity is given only in respect of such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with the relevant Assignment. 15. The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the charges payable to the Company here under and shall accept risk and/or insure accordingly. 16. In the event of the Client engaging any Temporary or introducing any Temporary to another person, firm or corporation resulting in an engagement by that person, firm or corporation (which the Client shall immediately notify to the Company) the Client shall pay an introduction fee to the Company if the engagement occurs within 6 months of the date of termination of the services provided to the Client by the Temporary. The introduction fee shall be calculated in accordance with the Company s fees for permanent introductions in force at that time on which Value Added Tax shall be paid in addition. The rebate scheme for permanent introductions does not apply to engagements resulting from an Assignment. 17. All monies due hereunder shall be paid by the Client within seven days of delivery of invoice by the Company. Any breach of this Condition 17 shall entitle the Company to terminate without prior notice each and every agreement concluded under these Conditions between the Company and the Client Our Staff: We invest a great deal of time and effort into the selection, appointment and training of our Consultants. Therefore, if they are procured by virtue of any introduction through this Agency, then our Terms of Business would apply and a charge in accordance with our Scale of Fees (Permanent) would become payable. I agree to the terms and conditions as outlined within this contract of 1 st July 2018 I am in agreement and have signed below:- Please therefore open an account in the name:, as discussed. Signed (Auth signature of) Print Name Position. Date of contract 1 st July 2018