1 Interpretation
- 1.1. In these terms of business (‘the Terms’) the following expressions will be given the following meanings:
- 1.1.1. ‘Candidate’ means a person introduced by Search 4 Staff to the Client to be considered for an Engagement
- 1.1.2. ‘The Client’ means any person, firm or corporation who approaches Search 4 Staff with a view to engaging or otherwise employing a Candidate or to whom a Candidate is introduced by Search4staff.
- 1.1.3. ‘Search 4 Staff’ means Search 4 staff Limited of Mons Calpe, The High Street, Tilshead, Salisbury, SP3 4RZ.
- 1.1.4. ‘Engagement’ means the appointment, employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client at any time up to six months after the date of the initial introduction or the last interview whichever is later.
- 1.2. All and any business undertaken by Search 4 staff is transacted subject to these Terms, all of which will be incorporated in any agreement between Search4staff and the Client. In the event of any conflict between these Terms and any other terms and conditions, these Terms will prevail unless expressly otherwise agreed in writing by a Director or other authorised officer of Search 4 staff. No variation in these Terms will be valid if made without the written consent of a Director or other authorised officer of Search 4 staff.
- 1.3. The interviewing by or on behalf of the Client or the Engagement of a Candidate or the commencement by a Candidate of work for or the provision of services to the Client (whichever first occurs) will be deemed acceptance of and agreement to these Terms.
- 1.4. These Terms supersede all previous terms of business.
2 Obligations of Search 4 Staff
- Search 4 Staff will use reasonable endeavours to introduce to the Client a suitable Candidate to carry out work for the Client of such nature as the Client will notify to Search 4 Staff when advising Search 4 staff of the vacancy in respect of which the Candidate has been introduced. The Client accepts that no warranty as to the suitability of the Candidate can be given by Search 4 staff. Search 4 staff cannot guarantee to find a suitable Candidate for each vacancy.
3 Obligations of the Client
- 3.1. The Client will notify Search 4 staff immediately an offer of employment is accepted by a Candidate or otherwise upon the commencement of an Engagement (whichever first occurs).
- 3.2. Notwithstanding clause 3.1 above, the Client will satisfy itself as to the suitability of any Candidate for the purposes of the vacancy for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Client that it is for the Client to take up references, to check the validity of qualifications and to ensure that the Candidate is capable of operating any equipment and/or machinery to the necessary level. The Client will be responsible for obtaining any work and other permits and for ensuring that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
- 3.3. The Client undertakes not to employ or seek to employ members of the staff of Search 4 staff but if any such member of staff accepts an Engagement within 3 months of such member leaving the employment of Search 4 staff, then the Client will be liable to pay Search 4 staff’s scale fees as if such member had been introduced by Search 4 staff.
- 3.4. The Client undertakes that in the event of the Client effectively introducing (directly or indirectly) any Candidate to another person, firm or corporation, including any subsidiary, associated or holding company of the Client, resulting in an Engagement by that person, firm or corporation (which the Client will immediately notify to Search 4 staff) the Client will pay to Search 4 staff an introduction fee in accordance with clause 4, unless the Engagement occurs more than 6 months after the introduction of the Candidate to the Client by Search 4 staff or from the date of the Candidate’s last interview with the Client whichever is the later.
- 3.5. The Client will be liable to pay the an introduction fee in accordance with clause 4 notwithstanding that the Client engages the Candidate in a different position to that originally envisaged.
4 Fees
- 4.1. The introduction fee will become due immediately upon the commencement of an Engagement. The fee will be a one-off fee of £800 exclusive of VAT. VAT will be payable thereon at the prevailing rate where applicable.
-
- 4.2. Charges for advertising must be separately agreed in writing before the advertisement is placed and will be payable irrespective of whether a Candidate is engaged. All other charges must be separately agreed in writing and will be payable irrespective of whether or not a Candidate is engaged.
- 4.3. All monies due hereunder will be paid by the Client within 14 days of the date of invoice by Search 4 staff.
- 4.4. Search 4 staff reserves the right to charge the Client interest in respect of any amount outstanding after the period for payment set out in clause 4.4 above (both before and after any judgment) from the date of invoice up to and including the day of payment at the rate of ...% a year above the base rate from time to time of HSBC.
5 Rebate Guarantee
- 5.1. In the event of a Candidate terminating or the Client lawfully terminating an Engagement within 8 weeks of the date upon which such Candidate commenced work for the Client and provided that:
- 5.1.1. all monies due hereunder have been paid by the Client in accordance with clause 4 above;
- 5.1.2. such termination is not as a result of redundancy, pregnancy, injury or ill-health or by reason of the Candidate’s race, sex or any disability;
- 5.1.3. such termination has not arisen where the Client has entered into the Engagement with the prior or likely intention of disposing with the Candidate’s services or terminating employment either without proper cause or with a view to obtaining a rebate unfairly;
- 5.1.4. the Client serves notice on Search 4 staff in writing at its registered office of the termination of the Engagement within 7 days thereof; and
- 5.1.5. neither the Client nor any subsidiary, associated or holding company of the Client will commence Engagement of the Candidate within 6 months from the date of the termination of the Engagement, then the Client will receive a rebate calculated in accordance with Search 4 staff’s scale of rebates set out below. Under no circumstances will any expenses be rebated.
- Engagement terminating during or at the end of: Rebate
Week 1 100%
Week 2-4 50%
Week 4-6 25%
Week 6-8 10%
- 5.2. No rebate will be payable by Search 4 staff in the event of failure by the Client to adhere to the time limits provided for in clause 5.1 above.
- 5.3. No rebate will be made in respect of an Engagement where the Candidate was previously engaged in any capacity by the Client through Search 4 staff.
- 5.4. The rebate will be repayable to Search 4 staff in full where the Client, any subsidiary, associated or holding company of the Client or any third party introduced by the Client subsequently re-engages the Candidate in any capacity within the period of 6 months from the date of termination of the Engagement.
6 Replacement Guarantee
- In the event of a Candidate terminating or the Client lawfully terminating an Engagement within 6 weeks of the date upon which the Candidate commenced work for the Client and provided as set out in clauses 5.1.1 to 5.1.3 and the Client serving notice on Search 4 staff in writing of the termination of the Engagement and that it requires a replacement candidate then Search 4 staff will, on a priority basis, select and present to the Client replacement candidates. The Client agrees that it will give Search 4 staff a reasonable time within which to put forward suitable replacement candidates. In the event that the Client does not want replacement candidates to be put forward by Search 4 staff, the Client will be entitled to a credit in accordance with the Rebate Guarantee under clause 5.
7 Liability and indemnity
- 7.1. Neither Search 4 staff nor any of its staff will be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with an introduction or an Engagement and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:
- 7.2. failure of the Candidate to meet the requirements of the Client for all or any of the purposes for which he/she is required by the Client (subject to clause 5 above);
- 7.2.1. any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
- 7.2.2. any loss, injury, damage, expense or delay incurred or suffered by a Candidate; PROVIDED THAT nothing in this clause 7 will be construed as purporting to exclude or restrict liability of Search4staff to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability or any exclusion or limitation which is prohibited by law.
- 7.3. In consideration of Search 4 staff entering into an agreement with the Client into which these Terms are incorporated, the Client hereby undertakes to indemnify Search 4 staff in respect of any loss and all liability of Search4staff for:
- 7.3.1. any loss, injury, expense or delay suffered or incurred by a Candidate, howsoever caused; and
- 7.3.2. 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 Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise, PROVIDED THAT this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an introduction or an Engagement or a withdrawal by the Client of a vacancy.
- 7.4. The Client acknowledges that the limitations and exclusions of the obligations and liabilities of Search4staff set out herein are reasonable and reflected in the fee payable to Search 4 staff hereunder and will accept risk and/or insure accordingly.
8 Miscellaneous
- 8.1. Search 4 staff reserves the right to review and to revise these Terms without prior notice.
- 8.2. The fees for short term placements will be charged at the fixed rate of £500 exclusive of VAT. The Rebate Guarantee will apply to the first four weeks of the Engagement and the Replacement Guarantee will apply to the first three weeks only. If the Engagement is extended, an additional invoice will be raised for the balance of the introduction fee to a maximum of £800 exclusive of VAT.
- 8.3. A person who is not a party to an agreement with the Client into which these Terms are incorporated has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of such agreement.
- 8.4. These Terms will be governed by and construed in accordance with the laws of England and Wales.
