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Terms & Conditions
TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY STAFF
1. DEFINITIONS
1.1 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 Applicant is introduced. • “The Employment Business” t/a ALLSTAFF, Paisley Secretarial Services Ltd, registered office, 4-5 County Place, Paisley, PA1 1BN, Co. Reg No. SC74409. • “Engagement” means any employment or use of the Temporary Worker 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. • “Temporary Worker” means the individual whose services are supplied by the Employment Business to the Client. • “Introduction” means the Client’s interview of a Temporary Worker in person or by telephone, following Client’s instructions to the Company to search for a Temporary Worker, or the passing to the Client of a curriculum vitae or other information which identifies the Temporary Worker and which leads to an engagement of that Temporary Worker by the Client.
1.2 Unless the context otherwise requires references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms govern the supply of the Temporary Worker’s services by The Employment Business 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.
2.2 No variation or alteration to these Terms shall be valid unless approved by The Employment Business in writing.
2.3 Unless otherwise agreed in writing by The Employment Business, these terms prevail over any terms of business or purchase conditions proffered by the Client.
3. CHARGES
3.1 The Client agrees to pay the hourly charges of The Employment Business as notified at the commencement of the Assignment and as may be varied from time to time during the Assignment. The charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour). The charges mainly comprise the Temporary Worker’s remuneration but also include The Employment Business’ Commission, employer’s National Insurance Contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT is payable on the entirety of these charges.
3.2 The charges are invoiced to the client on a weekly basis and are payable within 7 days. Allstaff will exercise the statutory right to charge interest, current at date of invoice, under the Late Payment of Commercial Debts (Interest) Act 1998, if debt is not paid according to agreed credit terms.
3.3 Any legal fees incurred in collecting the debt will be charged to client.
4. TIMESHEETS
4.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Client shall sign The Employment Business Timesheet verifying the number of hours worked by the Temporary Worker during that week.
4.2 Signature of the timesheet by the Client indicates satisfaction with the services provided by the Temporary Worker and confirmation of the number of hours worked. Failure to sign the timesheet does not absolve the Client’s obligation to pay the charges of the hours worked.
5. REMUNERATION
5.1 The Employment Business assumes responsibility for payment of Temporary Worker’s remuneration and where appropriate for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker.
6. INTRODUCTION FEES
6.1 The direct Engagement by a Client of a Temporary Worker introduced by The Employment Business, or the introduction by the Client of a Temporary Worker to any third party resulting in an Engagement (or, where applicable, if the Temporary Worker has become incorporated under a limited company, the engagement of that limited company) renders the Client subject to the payment of an introduction fee calculated at 13% of the annual gross taxable remuneration and emoluments payable to the Temporary Worker provided that the Engagement takes place within a period of 6 months from the termination of the Assignment under which the Temporary Worker was last supplied, or, if there was no assignment, within 6 months of the introduction of the Temporary Worker by The Employment Business. Where the Client fails to inform The Employment Business of the annual remuneration, the introduction fee will be calculated by multiplying the last hourly charge rate agreed between the Client and the Employment Business by a figure not exceeding 237 times the hourly charge rate. No refund of the introduction fee will be paid in the event that the Engagement subsequently terminates.
7. LIABILITY
7.1 Whilst every effort is made by The Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client’s booking details. The Employment Business 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, The Employment Business does not exclude liability for death or personal injury arising from its own negligence.
7.2 Temporary Workers are engaged by The Employment Business under contracts for services. They 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 Temporary Worker, whether wilful, negligent or otherwise as though he 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, 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 5 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments. The Client shall also advise The Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker. The Client will assist The Employment Business in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by The Employment Business and the Client will not do anything to cause The Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week. The Client must notify The Employment Business of this requirement before the commencement of that week.
7.3 The Client shall indemnify and keep indemnified The Employment Business against any costs, claims or liabilities incurred by The Employment Business arising out of any Assignment and/or as a result of any breach of these Terms by the Client. 7.4 The client shall notify The Employment Business immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the client that he/she is unable to for any reason. Failure to comply with this may hold the client liable for any costs in connection with any statutory benefits.
8. TERMINATION
8.1 The Client undertakes to supervise the Temporary Workers sufficiently to ensure the Client’s satisfaction with the Temporary Workers’ 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 The Employment Business to remove the Temporary Worker. The Employment Business may in such circumstances reduce or cancel the charges for the time worked by the Temporary Worker, provided that the Assignment terminates:- (a) Within 4 hours (6 hours for driving staff) of the Temporary Worker commencing the Assignment where the booking is for more than 7 hours and also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.
8.2 The Client, The Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.
9. LAW
9.1 These terms are governed by Scottish Law and are subject to the exclusive jurisdiction of the Scottish Courts.
TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT
1. DEFINITIONS
1.1 In these Terms of Business the following definitions apply:- • “Applicant” means the person introduced by the Company to the Client for an Engagement including any members of the Company’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 whom the Applicant is introduced. “The Employment Business” t/a ALLSTAFF, Paisley Secretarial Services Ltd, registered office, 4-5 County Place, Paisley, PA1 1BN, Co. Reg No. SC74409. • “Engagement” means any employment or use of the Temporary Worker on a permanent or temporary basis. Whether under a contract of service or for services, an agency, license, franchise or partnership arrangement, or an other engagement. • “Company” t/a ALLSTAFF. Paisley Secretarial Services Ltd, 4-5 County Place, Paisley PA1 1BN. 69 St. Vincent Street, Glasgow, G2 5TF. • “Engagement” means the engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under a contract of service or for services, under any agency, license, franchise or partnership arrangement, or any other engagement. • “Introduction” means the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Company to search for an Applicant or the passing to the Client of a curriculum vitae or other information which identifies the Applicant and which leads to an Engagement of the Applicant by the Client. • “Remuneration” includes base salary, 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 to or receivable by the Applicant for services rendered to or on behalf of the Client. Where a company car is provided by the employer, a notional amount of 15% will be added to the salary in order to calculate the Company’s fee.
1.2 References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it.
1.3 The heading contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms of Business are deemed to be accepted by the Client by virtue of an Introduction to or the Engagement of an Applicant.
2.2 Unless otherwise agreed in writing by a Director of the Company, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Director of the Company.
3. NOTIFICATION AND FEES
3.1 The Client agrees: • a. to notify the Company immediately of any offer of an Engagement which it makes to the Applicant. • b. to notify the Company immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Company. • c. to pay the Company’s fee within 14 days of the date of invoice.
3.2 No fee is incurred by the Client until the Applicant commences the Engagement when the Company will render an invoice to the Client for its fees.
3.3 The Company will exercise the statutory right to charge interest, current at date of invoice, under the Late Payment of Commercial Debts (Interest) Act 1998, if debt is not Paid according to agreed terms.
3.4 The fee payable to the Company by the client for an Introduction resulting in an Engagement is calculated in accordance with the accompanying Fee Structure on the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable. Minimum fee £500.00. Any legal fees incurred in collecting the debt will be charged to the client.
3.5 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will be pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 3 months of the termination of the first Engagement the Client shall be liable to pay a further fee based on the additional remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.
4. REFUND GUARANTEES
4.1 In order to qualify for the following guarantees, the Client must pay the Company’s fee within 14 days of the date of invoice and must notify the company in writing of termination of Engagement within 7 days of its termination.
4.2 The fee rebate scheme covers the first 11 weeks of the person’s employment. If the employment is terminated for any reason within the first week the fee will be refunded in full while for the following 10 weeks there will be a rebate of 10% of the fee for each complete work not worked
4.3 If after an offer of Engagement has been made to the Applicant, the Client shall be liable to pay the Company a minimum fee of £500.00
4.4 Should the client or any subsidiary or associated company of the Client subsequently re-engage the Applicant within the period of 6 calendar months from the date of termination of Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable, with no entitlement to the refund.
5. INTRODUCTIONS
5.1 Introductions of Applicants are confidential. The Disclosure by the Client to a Third party of any details regarding an Applicant introduced by the Company which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Company’s fee as set out in clause 3.4 with no entitlement to any refund.
5.2 An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Company, whether direct or indirect, within 6 months from the date of the company’s introduction.
6. SUITABILITY
6.1 The Company endeavours to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the applicant and/or the Company before engaging such Applicant. The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
7. LIABILITY
7.1 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, cost or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the client arising from or in any way connected with the Company seeking an Applicant for the client or from the introduction to or Engagement of any Applicant by the Client or form the failure of the company to introduce any Applicant. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
8. LAW
8.1 These Terms are governed by Scottish Law and are subject to the exclusive jurisdiction of the Scottish Courts.
INDUSTRIAL DIVISION All as above and to include the following:
9.1 All industrial assignments will be charged at a minimum of 6 hours.
9.2 Temporary drivers are supplied by The Employment Business on the sole understanding that the Client holds an Operators License under the Transport Act 1968, where required.
9.3 As far as possible, The Employment Business will check references of drivers, and will examine driving licenses and permits; notwithstanding this the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licenses and permits, driver’s hours and records, the issue and collection of tachograph cards, maintenance and safety vehicles, health and safety regulations, road traffic and liability insurances, including but not limited to fully comprehensive insurance, for the vehicle to be driven and its contents.
9.4 To assist Clients in complying with the relevant provisions of the Transport Act, The Employment Business agrees to provide the client upon request with such information as is available to The
9.5 The Client shall on request permit The Employment Business to inspect its operators license and policies of insurance for the vehicles to be driven by the Temporary Worker.
9.6 Overtime will normally be charged after 8 hours, Monday to Friday, and on Saturday until 12 noon at the basic rate x 1.5 Saturday 12 noon onwards and Sunday will normally be charged at basic rate x 2.
TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY / CONTRACTING STAFF TO THE CONSTRUCTION INDUSTRY
1. DEFINITIONS
1.1 “The Client” means any person, firm or company to whom the Company provides the services of a contractor.
1.2 “The Company” means t/a ALLSTAFF, Paisley Secretarial Services Ltd, registered office, 4-5 County Place, Paisley, PA1 1BN, Co. Reg No. SC74409.
1.3 “The Contractor” means any individual firm or company whose technical and/or professional services are provided by the company to the client.
1.4 “The Contract” means the contract for the provision of the services of the contractor to the client.
1.5 “The Rate” means the rate at which will be payable by the client to the company in respect of the provision of the contractor’s services (see blue section overleaf for details).
2. SERVICES PROVIDED BY CONTRACTORS
2.1 The Company does not guarantee or warrant the professional or technical competence of the Contractor. It is the Client”s responsibility to satisfy itself as to the professional and or technical competence of the Contractor before allocating work to the Contractor. Contractor’s are not employees of the Company, the Client will be solely responsible for allocating work to the Contractor and for the control, direction and supervision of the Contractor.
2.2 The Company shall not be held liable by the Client for any claim, loss, damage, cost or expense whether direct, indirect or consequential incurred by the Client or any third party arising otherwise in connection with act, omission, negligence or neglect on the part of the Contractor, however arising.
2.3 The Company is not liable for the lack of punctuality or nonattendance of the Contractor. the Rate and such increased charges shall be payable by the Client in accordance with Condition 5 below.
3. FEES
3.1 The Rate will be calculated on the reasonable expectation that the Contractor should complete any work allocated to the Contractor by the Client within the period for completion estimated by the Client by working during the Clients usual hours of business
3.2 In the event that the cost to the Company of providing the Contractors services increased by reason of the introduction, imposition or variation of any National Insurance or other social security contribution or of any tax or levy payable by the Company or any change in the Inland Revenue practice, the Rate shall be increased by such part of such contribution, tax, levy or as shall be recoverable by the Company from the Contractor and the Client agrees to indemnify and keep indemnified the Company in respect thereof.
3.3 Unless otherwise stated the Rate is exclusive of any applicable Value Added Tax and/or any other applicable duties which the Client shall be liable to pay the Company. Value Added Tax and/or any other applicable duties will be charged at the rate effective on the date on which the Company issues an invoice to the Client.
3.4 The Company will submit invoices on a weekly basis to the Client for the fees (calculated at the Rate) and expenses (“together the Fees”) payable by the Client to the Company in respect of the Contractor’s services. In order to assist the Company in preparing such invoices the Client shall supply the Company with such written information as the Company may, from time to time request relating to work performed by the Contractor. The Client shall promptly sign time sheets for hours worked by the Contractor and such signature constitutes acceptance by the Client that the Contractor’s services have been provided for the hours indicated on the time sheet and that such services have been satisfactory.
3.5 Any dates quoted for supply of the Contractor’s services are approximate only and the Company shall not be liable for any delay howsoever caused and the Client shall not be entitled to terminate the Contract by reason of such delay. Time for supply of the Contractor’s services shall not be of the essence.
3.6 The Company reserves the right to withhold supply of Contractor’s services if the Client:- • a. Fails to comply with these Conditions • b. Becomes bankrupt or insolvent or an order is made or a resolution passed for its winding up otherwise than as part of a bona fide amalgamation or reconstruction within insolvency or makes a composition with its creditors or has an administrator or administrative receiver appointed over any part of its undertaking or assets.
3.7 The Rate does not include any contribution in respect of Training Board Levy. The Company will not accept deductions of any kind from the Rate or the fees unless they are agreed in writing and signed by a Director of the Company.
3.8 In the event that the Client requires the Contractor to perform work other than that for which the Contractor was originally engaged or in the event of the Client introducing changes to the work to be carried out by the Contractor, the Company may increase Employment Business about any driving assignments carried out by the driver in the 7 days immediately preceding the commencement of an assignment with the Client, provided the drivers shall have worked for a Client of The Employment Business during those 7 days.
4. EXPENSES
The Client will be responsible for the payment to the Company of only those hotel, travelling and similar expenses incurred by the Contractor as shall have been approved in writing by the Client prior to those expenses being incurred.
5. PAYMENT OF FEES
5.1 Clients without monthly accounts approved by the Company shall pay the Fees immediately upon receipt of the relative invoice.
5.2 The charges are invoiced to the Client on a weekly basis and are payable within 7 days. The Company will exercise the statutory right to charge interest, current at date of invoice, under the Late Payment of Commercial Debts (Interest) Act 1998, if debt is not paid according to agreed credit terms.
5.3 Any legal fees incurred in collecting the debt will be charged to client.
5.4 The time of the payment of the Fees shall be of the essence. Receipts for payments will be issued only upon request.
5.5 If the Client fails to make payment in full on the due date then without prejudice to any other right or remedy available to the Company the Company shall be entitled to:- • a. cancel the Contract or suspend performance of any Contract or • b. charge the Client interest (both before and after judgement) on the amount unpaid at the rate of 2% per annum above the Bank of Scotland base rate from time to time calculated on a daily basis from the due date until payment in full is made. 5.6 Where the Company agrees to supply services in installment each installment shall be paid for in full under this condition and failure to pay in full for any installment shall entitle the Company to refuse to supply any further installment of the Sum due under this or any other contract between the Client and the Company and to exercise its rights under condition 5.4
6. PUBLIC LIABILITY INSURANCE
6.1 During the Currency of every Contract the Company will arrange with its insurers for the Contractor to be included within the insurance cover provided by the Public Liability Insurance Policies maintained by the Company under which the Company’s cover for all compensation payable in respect of any one accident of series of accidents arising out of any one occurrence is limited to £5m. Your attention is drawn in particular to Conditions 2.1,2.2,6,7 and 8 regarding obligations for supervision and your legal obligations. Your attention is also drawn to Conditions 2, 3.5 and 9 limiting liability.
6.2 During the currency of every Contract the Client is responsible for and will arrange with its insurers for the Contractor to be insured against all liabilities including employers liability, public liability (save to the extent covered in Condition
6.1 above and third party risks arising during or relating to the supply of the Contractor and work performed by him.
6.3 The Client indemnifies and will keep indemnified the Company and the Contractor at all times against any and all liabilities claims losses, damages, costs, expenses or actions which may be incurred by or brought against the Company or the Contractor arising out of the supply to or engagement of the Contractor by the Client or any act, omission, negligence, neglect or default of the Contractor.
7. HEALTH & SAFETY AT WORK
The Client shall at all times discharge all statutory and common law duties which the Client may from time to time owe to or to which the Client may from time to time be subject in respect of the safety, health and protection from injury, the personal property of the Contractor and the Client will at all times indemnify the Company and hold the Company fully indemnified against all claims, loss, damage, costs or expenses incurred by the Company.
8. USE OF MOTOR VEHICLES
8.1 The Client shall not cause or permit the Contractor to use any motor vehicle or heavy goods vehicle for any business purpose in connection with work allocated to the Contractor unless there exists adequate third party insurance cover in respect of such user and the driver has a full current UK driving licence to drive such a vehicle.
8.2 The Client will at all times keep the Company indemnified against any liability (wether in respect of any insured risk or otherwise) incurred by or attributable to the Company or arising otherwise in connection with the use by the Contractor of any motor vehicle for any business purpose.
9. LIMITATION ON LIABILITY All warranties, conditions or other terms implied by statute or common law are excluded and in particular but not by way of limitation the Company shall be under no liability in respect of any act, omission, neglect, negligence or default on the part of the Contractor.
10. TERMINATION
10.1 If the Contractor shall fail to render the services with that degree of technical and professional skill as was reasonably anticipated by the Client in agreeing the Rate then the Client may give notice to the Company terminating the use of the Contractor’s services forthwith.
10.2 Subject as aforesaid the Company or the Client may terminate any Contract at any time by giving to the other not less than 5 working days notice (excluding Weekends, Bank Holidays or clients close down periods) of termination.
10.3 Upon any such termination as aforesaid the Client shall be liable to the Company for the Fees payable by the Client in respect of the Contractor services up to the expiry of notice of termination.
10.4 In the event that the Client does not wish to engage the Contractor, having agreed to do so, it will give the Company the hourly charge for the services of the Contractor multiplied by 37 (representing one week’s services of the Contractor).
11. MISCELLANEOUS
11.1 If the Client engages, employs or used the Contractor either during the Contract or within three months after the termination of the Contract or introduces the Contractor to other employers with a resulting engagement within three months after the termination of Contract, the Client shall pay a fee to the Company of 10% of the Contractors first year’s remuneration and taxable benefits from the Client (or other employer) to the Contractor. The Client will also give the Company one month’s notice of such employment, engagement or use. No refund of the fee will be made by the Company to the Client in the event that the Client ceases to engage, employ or use the Contractor.
11.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at, its registered office, or principal place of business or such other address as may at the relevant time be notified pursuant to these provisions to the party giving notice.
11.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforcable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be effected thereby.
11.4 These Conditions shall be governed by and construed in all respects in accordance with the laws of Scotland and the parties hereby submit themselves to the exclusive jurisdiction of the Scottish Courts.
11.5 These conditions shall survive repudiation accepted or other termination of the Contract.
11.6 The Company is an employment business and agency and nothing herein contained shall constitute the relationship of employer and employee or any partnership either between the Client and the Company or between the Client and the Contractor or between the Company and the Contractor.