Home >
Terms & Conditions
Terms and Conditions of Business for the supply of specialist staff
1. General
1.1 Definitions:
“Project” means the period during which the Specialist Staff are supplied to render services to the Client in line with the project brief.
“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 Business” means Recruit Retail Services Plc
“Engagement” means the engagement, employment or use of the Specialist Staff directly by the Client or any third party or through any other Business on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement.
“Specialist Staff”
means the individuals introduced by the Business to render services to the Client as part of the project
“Transfer Fee” means the fee payable in accordance with clause 2.2 below and Regulation 10 of the Conduct of Employment Agencies and Businesses Regulations 2003.
“Relevant Period”
means the later of either 14 weeks from the first day on which the Specialist Staff were supplied by the Business to work for the Client, or 8 weeks from the day after the Specialist staff were last supplied by the Business to the Client. For the avoidance of doubt, the ‘first day’ will be the first occasion on the which the Specialist Staff are supplied to work for the Client or the first day of a project where there has been more than 42 days since the end of any previous project.
Previous
Next
Page 1 of 5
General (Cont)
1.2 The terms and conditions contained herein shall apply to the supply of Specialist Staff by Recruit Retail Services Plc (Recruit) to the Client. For this purpose Recruit is acting as an Employment Business.
1.3 The Client is deemed to have accepted the terms and conditions upon request by the Client for Recruit to provide specialist staff whether orally, electronically or in writing.
1.4 The Client shall provide all necessary information regarding the nature of work for the project.
1.5 The Client shall adhere to its obligations under the Health and Safety at work etc Act whilst the Specialist Staff are on its premises or performing duties on its behalf.
1.6 Any quotation given to the Client shall remain valid for a period of 30 days from the date the quote was given, during which time, should the Client wish to accept must give Recruit written notification. Recruit reserve the right to withdraw such a quote upon giving the Client prior notice before acceptance.
1.7 No variation of the terms shall be effective unless in writing and signed by the director of Recruit.
1.8 Where there is a conflict between these terms and conditions and any relevant legislation or regulation, the provisions of the legislation or regulation shall prevail.
1.9 These terms and conditions shall supersede any other terms and conditions or agreed terms.
1.10 The terms and conditions are not intended to form the basis of a principal/agent relationship between the parties.
1.11 This agreement is governed by and shall be construed in accordance with the law of England and Wales. The parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
2. Fees
2.1 The rates are calculated and are submitted on a project by project basis in line with the project brief unless annual rates have been agreed.
2.2 In the event of the Engagement of Specialist Staff supplied by the Business either:
(1) Directly by the Client or;
(2) by the Client pursuant to being supplied by another Business or specialist support company, within the Relevant Period the Client shall be liable, to either:
a) Subject to electing upon giving 7 days notice, an extended period of hire of the Specialist staff being 52 Weeks (Less any time already served on the project) during which the Business shall be entitled to the agreed charge as set out in clause 2.1 above for Specialist Staff that is so employed or supplied; or
b) A Transfer Fee equivalent to 20 days standard charge rates as agreed in accordance with clause 2.
2.3 VAT is payable on all fees and charged at the prevailing rate.
2.4 The rates contained in 2.1 are subject to annual review by Recruit to take account of rises in wages, earnings, retail index etc. Such percentage rises may be reflected in the invoice sent to the Client after the date of the review.
3. Payment
3.1 The invoice shall be payable by the Client within 21 days of the date the invoice is issued.
3.2 Recruit reserves the right to charge interest on any outstanding monies due and not paid by the Client at a rate of 3% over the base lending rate of Barclays Bank Plc at the time the amount is owed to Recruit.
4. Non-Solicitation
4.1 The Client shall not directly or indirectly, whether alone or in conjunction with or on behalf of another, solicit or entice from Recruit any staff to its employ during the period of the project/Project for which staff have been provided, at the date of termination or for a period of 12 months thereafter without the prior written consent of Recruit.
4.2 Breach of 4.1 will result in the payment of a fee in accordance with clause 2.1 above by the Client Recruit for each member of staff solicited.
5. Liability
5.1 Recruit shall not be liable to the Client for any loss, costs or expense incurred by the Client howsoever arising, except where such loss, costs or expense is as a direct result of the act, omission or negligence of Recruit or its staff.
5.2 Recruit shall not be liable to the Client or anyone to whom the Client is responsible for any indirect or consequential loss, loss of profit, loss of revenue or economic loss.
5.3 Liability for personal injury or death caused as a result of the act, omission or negligence of either party cannot be limited or excluded.
6. Insurance
6.1 The Client shall maintain all necessary insurance to cover its obligations for the duration of this agreement or Project.
7. Confidentiality
7.1 Neither party shall disclose information considered confidential, except as is necessary to its employees or required by law, without the prior consent of the other.
8. Termination
8.1 Either party may terminate this agreement/ or an Project upon giving the other 3 months written notice. Termination shall not prejudice the rights and/or obligations of either party that have accrued up to the date of termination.
8.2 Recruit may terminate this agreement/ or a Project immediately should the Client breach this agreement and has failed to remedy the breach (where the breach is capable of remedy) within 7 days of request of the party not in breach to remedy the breach. Breach shall include but is not limited to failure of the Client to make payment of any outstanding amount due (outside the 21 day payment period) to Recruit within 7 days after which request for payment has been made by recruit.
8.3 Where a project is cancelled by the Client before commencement of the project, the following charges will apply:
8.3.1 within 24 hours – 100% of total quote
8.3.2 within 48 hours – 75% of total quote
8.3.3 3-5 working days – 50% of total quote
Where teams can be reallocated, in the reasonable opinion of the business an admin fee of £25 per person would apply.