In these terms the following expressions shall have the following meanings:-
“AllNeeds” AllNeeds trading as AllNeeds Recruitment Company Ltd
“The Client” Person, firm or company to whom the Applicant or Temp is introduced by AllNeeds
“The Applicant” Any person introduced to the Client by AllNeeds for a permanent post
“Temp” Temporary or contract staff placed by AllNeeds with the Client Terms to Apply These terms shall apply and no variations to them will be valid unless expressly agreed in writing by a director of AllNeeds except for variations to fees which may be varied in writing duly signed by representatives of both AllNeeds and the Client.
In any event the interviewing by the Client of an Applicant or the hiring of a Temp will be deemed to be unqualified acceptance by the Client of these Terms and Conditions and the Client shall be liable to pay AllNeeds the fees set out below.
A. TERMS APPLICABLE TO BOTH PERMANENT INTRODUCTIONS AND PLACEMENT OF TEMPORARY OR CONTRACT STAFF
Introductions
1. The Client undertakes to respect the confidentiality of all documents relating to the Applicant or Temp provided by AllNeeds and will indemnify AllNeeds against all losses incurred by AllNeeds arising from any breach of this undertaking by the Client.
2. Information that AllNeeds has received in writing or verbally from an Applicant or Temp is considered to be accurate and true and is accepted in good faith. AllNeeds will use all reasonable endeavours to ensure the accuracy of such information during the interview process and from any other sources that the Client may direct. AllNeeds does not, however, accept liability for any loss or damage suffered or incurred by the Client arising as a result of the negligence, dishonesty or fraud of the Applicant or Temp or the negligence of AllNeeds other than liability for death or personal injury attributable to the negligence of AllNeeds.
3. AllNeeds will take up references offered by the Applicant which include work and personal and will only supply applicants who have been fully referenced to meet AllNeeds standards. The Client undertakes not to approach the Applicant’s present employer; the Client shall conduct any medical, aptitude or other test as the Client considers necessary in respect of the Applicant or Temp and obtain any permits, licence or other permission, which the Client may require before lawfully employing the Applicant or Temp.
4. AllNeeds makes no warranty as to the suitability, ability and competence of an Applicant.
Applicant or Temp Information
5. All curriculum vitae and other information concerning Applicants or Temps supplied to the Client shall at all times remain the property of AllNeeds.
6. The Client shall be entitled to use such curriculum vitae and information solely for the purposes of interviewing and selecting Applicants or Temps for interview but not further or otherwise.
7. On an Applicant or Temp accepting an offer of appointment from the Client the Client shall be entitled to retain one copy of that Applicant’s or Temp’s curriculum vitae and related information for the purposes of the Client’s personnel file.
Payment
8. The Client shall pay all invoices within 14 days from date of invoice. AllNeeds will issue invoices to clients for Temporary Positions on a weekly basis. AllNeeds will issue invoices to clients for Permanent Positions in the following manner: 25% on commencement date of Applicant; 25% on completion of first two weeks; and the remaining 50% on completion of fourth week.
Rights Reserved
9. AllNeeds reserves the right to restrict assignments which would conflict with its obligations to existing clients.
Force Majeure
10. AllNeeds shall not be liable for any loss, injury or damage sustained by the Client or for any failure of AllNeeds to perform obligations thereunder as a result of circumstances beyond the control of AllNeeds including, but not limited to, the failure of any Applicant to attend an interview, injury, incapacity or death of an Applicant or Temp, any incorrect or inaccurate information furnished by the Applicant or Temp, failure of computer or other equipment, fire, theft or loss or destruction of records or any other circumstances beyond the control of AllNeeds.
B. PERMANENT STAFF ADDITIONAL TERMS
Fees
11. The invoice for the engagement fee shall be delivered to the Client immediately after the engagement of the Applicant as in section 8. The engagement fee for the introduction of permanent staff on a permanent, self employed or freelance basis is 10% of projected gross annual salary.
12. An Applicant who has been introduced or presented to the Client, its associated firm or company by AllNeeds who was not appointed in the first instance, but who, within 26 weeks is recruited and accepts employment, in any capacity or whose services are used on a self-employed basis by the Client, its associated firm or company, is deemed to have been introduced by AllNeeds and the Client shall be liable to pay the full fee. The passing on of an introduction to another employer which in turn results in the Applicant being appointed renders the Client liable to full payment of the fee.
C. TEMPORARY/CONTRACT STAFF ADDITIONAL TERMS
Charges
13. (a) The charges for the services of Temps provided by AllNeeds to the Client are calculated at an hourly rate which may vary according to the number of hours required by the Client in any one week.
(b) The current scale of charges may be obtained by the Client from AllNeeds but AllNeeds reserves the right to vary the scales from time to time during the engagement.
(c) The minimum charge for Temps shall be the equivalent of 4 hours.
Insurance
14. AllNeeds can accept no liability whatsoever for any loss, costs, delay or damage pecuniary or otherwise, foreseeable or not, which the Client, its servants, agents, customers, or others may suffer or become liable for arising out of or in connection with the provision of Temps or the acts or omissions of any Temps or any failure to provide Temps for all or part of the period for which they are booked and the Client indemnify AllNeeds in full against any such liability and any costs or expenses incurred in connection with the same. The terms of this policy mentioned above are subject to alteration by AllNeeds without notice. The Policy may be inspected at any of the offices of AllNeeds on reasonable notice. The decision of AllNeeds as to whether the policy covers AllNeeds for any particular circumstances will be final and binding. The Client is recommended to carry its own appropriate public liability policy.
Cancellation
15. In the event a Temp proves unsatisfactory AllNeeds shall cancel all charges provided AllNeeds receive notification within three hours from the commencement of an assignment and the Temp forthwith ceases work.
Obligations of AllNeeds
16. AllNeeds shall be responsible for the payment of all wages, National Insurance, and other contributions required by law to be paid by an employer and shall make all appropriate deductions from such wages in respect of Income Tax, National Insurance and other contributions. For all other purposes the Temps supplied by AllNeeds shall be the employees of the Client who shall have complete control over their work and manner of work and shall fully observe and procure the observance of and compliance with all requirements statutory or otherwise which may from time to time exist in relation to the working conditions, hours of work and other such matters in control of the Client, and the Client will indemnify AllNeeds against any liability in respect of any breach of such requirements.
Obligations of the Client When Recruiting Temps
17. (a) Should the Client engage Temps introduced by AllNeeds on a permanent, self-employed or free-lance basis:- - during the first 26 weeks of commencement date of temporary contract then a pro-rata payment of the permanent fee would come into force - between 26 & 52 weeks of the commencement date of a temporary contract which has run continuously then an admin fee of £100 would come into force - within 26 weeks of a temporary contract finishing and start date with client is within 26 weeks of commencement date of temporary contract then a pro-rata payment of the permanent fee would come into force - within 26 weeks of a temporary contract finishing and start date with the client is between 26 & 52 weeks of commencement date of temporary contract then an admin fee of £100 would come into force.
Drivers (excluding Heavy Goods Vehicle Driver)
18. The provision of Temps who are at any time during their engagement required to operate motor vehicles, machinery, automotive or rolling stock equipment (“Vehicles and Equipment”) whether or not the property of the Client shall, in addition to clauses 15 to 19 be subject to the following conditions:-
(a) The Client shall specify to AllNeeds the types of Vehicles and Equipment that it requires the Temp to operate, and will not require a Temp to operate any type of Vehicles and Equipment not so specified without the prior written consent of AllNeeds.
(b) The Client shall keep in force a fully comprehensive insurance policy sufficient to indemnify AllNeeds or any Temp supplied to the Client from liabilities to third parties including passengers and the Client and its employees and shall in any event keep AllNeeds indemnified against all costs, claims, damages and liabilities whatsoever arising from or in connection with the operation of Vehicles and Equipment.
(c) The Client shall ensure compliance with all statutory and other requirements in any way concerning Vehicles and Equipment and in particular as to their construction, safety, maintenance and operation and the holding and display of licences by the client, its employees, the owner of any Vehicles and Equipment and shall keep AllNeeds indemnified against any liability or expense in respect of the same.
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