1. Definitions
1.1 In these terms of business the following definitions
apply:
"Applicant" means the person introduced to
the Client by the Company for an engagement;
"Client" means the person, firm or corporate
body to whom services are provided or an applicant is
directly or indirectly introduced to, including any
associated employer;
"Company" means Blue Cannon Ltd of 3a-5a Cecil Road, Hale, Cheshire. WA15 9NY;
"Associated Employer" means a holding company
or subsidiary or associated company of the Client;
"Engagement" means the engagement, employment
or use of the applicant by the client on a permanent
or temporary basis;
"Introduction" means the client's interview
of an applicant following the client's instruction to
the company to search for an applicant, or the passing
to the client a curriculum vitae or other information
which identifies the applicant and which leads to the
engagement of that applicant by the client;
"Remuneration" means the applicant's total
gross remuneration package including guaranteed bonuses
and other financial benefits provided which would normally
be considered to be part of the total remuneration package;
"Introduction Fee" means the fee payable by
the Client to the Company upon the engagement of the
Applicant introduced by the Company, being a percentage
of the Applicant's salary in accordance with the scale
of fees;
2. The Contract
2.1 These terms and conditions apply to all services
and introductions made by the Company and are deemed
to be accepted by the Client upon request by the Client
for any such service or introduction.
2.2 Unless otherwise agreed by a Director of the Company
in writing no variation to these terms will be valid.
2.3 No other terms and conditions whether express or
implied form any part of the agreement between the parties.
3. Notification and Fees
3.1 The Client agrees:
3.1(1) to notify the Company immediately of any offer
made to the Applicant;
3.1(2) to notify the Company immediately that its offer
to the Applicant has been accepted and provide details
of the Remuneration package to the Company;
3.1(3) to pay the Company's fee within 14 days from
date of invoice
3.2 The Client incurs no fee until the Applicant commences
the engagement, at which time the Company will render
an invoice to the Client for its fee.
3.3 The fee payable to the Company by the Client for
an Introduction, which results in an Engagement, is
based on a percentage of the Remuneration package and
is set out in the Scale of Fees.
4. Refund Guarantees
4.1 In order to qualify for a refund of fee, the Client
must pay the Company's fee within the agreed payment
terms and must notify the Company in writing of the
termination of Engagement within 7 days of its termination.
4.2 If the Engagement terminates before the expiry of
8 weeks from the commencement of the Engagement (except
where the Applicant is made redundant or wrongfully/unfairly
dismissed) the fee will be rebated in accordance with
the information provided on the Scale of Fees.
4.3 Should the Client or any subsidiary or associated
company of the Client subsequently re-engage the Applicant
within 12 months from the date of termination or withdrawal
of offer, a full fee calculated in accordance with the
Scale of Fees becomes with no entitlement to refund.
5. Introductions
5.1 Introductions of Applicants are confidential. The
disclosure to a third party of any details regarding
an Applicant introduced by the Company which results
in an Engagement with the third party within 12 months
of the Introduction renders the Client liable to payment
to the Company's fee as set out in the Scale of Fees.
6. Suitability
6.1 The Company endeavours to make every reasonable
effort to ensure the suitability of the Applicant. Notwithstanding
this the Client shall satisfy itself as to the suitability
of the Applicant and shall take up references provided
by the Applicant and/or the Company before engaging
the Applicant. The Client will be responsible for obtaining
work and other permits if required, for the arrangement
of medical examinations and/or investigations into the
medical history of the Applicant, and satisfying any
other requirements or qualifications required by the
law of the country 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, costs 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. 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 the law of England
and Wales and are subject to the exclusive jurisdiction
of the courts of England and Wales.
9. Neither party shall be liable to the other for any
delay in or failure to fulfil its obligations as a result
of any cause beyond its reasonable control.
10. The Company reserves the right to amend these terms
and conditions and the Scale of Fees from time to time
by notice in writing to the Clients.
Fee Structure for the introduction of
Permanent Staff
The introduction fee payable by the client is calculated
at the percentage rate of the annual starting salary
and is subject to Value Added Tax at the standard rate.
The percentage rates are as follows:
Fee payable at 18% of annual salary up
to £19,999.
Fee payable at 22% of annual salary from £20,000
to £34,999.
Fee payable at 26% of annual salary from £35,000
to £49,999.
Fee payable at 30% of annual salaries above £50,000.
Should the applicant, having taken up
employment, leave before the completion of the eighth
week of employment, the following rebate will be allowed
at the discretion of the Agent:
Period of Employment
Up to 2 weeks 100% rebate
Not exceeding 3 weeks 80% rebate
Not exceeding 4 weeks 60% rebate
Not exceeding 5 weeks 40% rebate
Not exceeding 6 weeks 20% rebate
Not exceeding 8 weeks 10% rebate
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1. DEFINITIONS
In these terms the following definitions apply
1.1 "the Client" means any individual, firm
or company to whom the temporary worker is supplied.
1.2 "the Company" means BLUE CANNON LTD or
its subsidiary or associated companies.
1.3 "the Temporary Worker" means the individual
or company who is supplied by the Company to the Client.
1.4 "the Contract" means the Contract of engagement
of the Temporary Worker.
1.5 "the Rate" means the rate of pay that
will be paid to the Temporary Worker for his/her services.
1.6 "the Works" means the work allocated to
the Temporary Worker by the Client.
1.7 "the Regulations" shall mean the European
Working Time Directive 1998
2. GENERAL
2.1 No variation of these conditions will be effective
unless agreed in writing and signed by a director of
the Company.
2.2 These conditions embody the entire understanding
of the parties and supersede any prior promises or agreements.
3. SERVICES
3.1 The Client will be solely responsible for allocating
work to the Temporary Worker and for supervising the
execution of the Works by the Temporary Worker.
3.2 The Temporary Worker is not an employee of the Company
and since the Company is not entitled to and does not
in practice seek to exercise supervision, direction
or control as to the manner in which the Works are executed,
the Temporary Worker will be exclusively liable to the
Client for any claim, loss, damage, liability, injury,
cost or expense incurred by the Client or any third
party or arising otherwise in connection with any act,
omission, negligence, neglect or default on the part
of the Temporary Worker howsoever arising.
4. PAYMENT OF FEES AND EXPENSES
4.1. The Rates are calculated on the reasonable expectation
that the Temporary Worker completes any work allocated
to the Temporary Worker by the Client within the period
for the completion estimated by the Client and should
do so by working during the Client's normal business
hours.
4.2. The Company will be solely responsible for the
payment of the fees (calculated at the Rates) and reasonable
expenses of the Temporary Worker (together "the
Charges").
4.3. The Company will only be responsible for the payment
of those hotel, travelling and similar expenses incurred
by the Temporary Worker which have been approved in
writing by the Company and the Client prior to those
expenses being incurred.
4.4. The Temporary Worker should submit invoices or
timesheets to the Company on a weekly basis for the
Charges in respect of the Works together with such other
written information as the Company may from time to
time request in support of such invoices or timesheets.
Invoices and timesheets submitted must be signed by
a duly authorised representative of the Client and without
such signature, no payment will be made in respect of
the Charges.
4.5. National Insurance, Income Tax, etc
4.5.1 Under the provisions of the Income and Corporation
Taxes Act 1988 ("ICTA") all remuneration or
fees receivable by an individual while engaged in the
Works will be treated for the purposes of Income Tax
as emoluments which are assessable to tax under Schedule
E and from which the Company shall make deductions on
account of tax under the Pay As You Earn system.
4.5.2 These Conditions are subject to the Social Security
(Categorisation of Earners) Regulations 1978 as amended
from time to time and as such the Company will pay weekly
Class 1 (Employees') national insurance contributions
in respect of an individual's services in accordance
with the above regulations.
4.5.3 The Company will be entitled to reduce the Charges
(calculated at Rates) by all payments and deductions
as it shall make in accordance with the above and by
all such other payments and deductions of, or on account
of, any similar national insurance or social security
contribution, or any tax or any levy as the Company
may from time to time be required to make, deduct or
pay, including without prejudice to the generality of
the foregoing, as a result of any change in Inland Revenue
practice. The Temporary Worker shall provide the Company
on request with such information as it shall from time
to time require to enable it to fulfil its statutory
obligations in regard to any such contribution or payment
as aforesaid.
4.6 Holidays, Sickness etc.
The Temporary Worker will be paid the fees only in respect
of work actually performed at the request of the Client.
4.6.1 In accordance with the Regulations, entitlement
to paid holiday for a 4 week period (20 days) of each
leave year (commencing on 23 November 1999) will be
paid. Paid Holiday will accrue at the rate of 5 days
for every 13 weeks during each leave year and will be
paid at the Temporary Workers normal rate on a pro rata
basis if appropriate.
4.6.2 Paid holidays will only be available after a 13
week qualifying period.
4.6.3 Only accrued paid holiday can be taken at any
time
4.6.4 The Temporary Worker will not be entitled to receive
any fees in respect of any period which the Temporary
Worker is prevented from working by reason of sickness
or accident, subject to any statutory entitlement under
the Regulations.
4.7 The Temporary Worker hereby accepts that the fees
are fully inclusive of any holiday pay to which the
Temporary Worker has an entitlement in accordance with
the Regulations. The Temporary Worker may choose to
receive the holiday pay at the time that the payment
of the fees is due. Or, the Temporary Worker hereby
authorises the Company to deduct the sum of 8% of the
net fees payable in accordance with the Agreement after
deduction of PAYE and national insurance contributions
as holiday pay from the fee and to hold the holiday
pay to the Temporary Worker's order until such time
as the payment falls due in accordance with the Regulations.
5 EMPLOYEES OF INCORPORATED TEMPORARY WORKERS (NATIONAL
INSURANCE, INCOME TAX, ETC)
5.1 The Temporary Worker will at all times during the
continuance of the Works be the employer of the individual
engaged to carry out the Works and the Temporary worker
will be responsible for making all such deductions of
or on account of income tax, national insurance contributions
and any other social security contributions, taxes or
levies as may from time to time be deductible in respect
of monies paid to individuals. The Temporary Worker
will also duly account to the relevant governmental
body for all such deductions made by it.
5.2 Without prejudice to the generality of the foregoing
the Company will be entitled to make such deductions
from any fees payable to the Temporary Worker in respect
of " Construction Operations" as from time
to time be required by section 559 ICTA
5.3 The Temporary Worker will indemnify the Company
against any national insurance or other social security
contributions, taxes or levies as shall from time to
time be due from or assessed on the Company in respect
of Works or services provided.
5.4 It will be the responsibility of the incorporated
Temporary Worker to ensure there is no breach of regulations
in respect of working hours, rest periods and holiday
entitlements applicable to their employees.
6 INSURANCE
6.1 During the currency of every contract the Company
will be under no responsibility to insure the Temporary
Worker against any liability including Employers liability,
Public liability and third party risks arising during
or relating to the performance of the Works.
6.2 The Temporary Worker hereby undertakes to indemnify
the Company at all times against any and all liabilities,
claims, costs, damages, expenses or actions which may
be incurred by or brought against the Company arising
out of any act, omission, negligence or default of the
Temporary Worker.
7 HEALTH & SAFETY
7.1 The Company will not be responsible in any way for
the health, safety and protection from injury of the
Temporary Worker or his property at any time.(subject
to any entitlement the Temporary Worker may have under
the Regulations)
8 USE OF MOTOR VEHICLE
8.1 The Temporary Worker will not at any time use any
motor vehicle for any business purpose in connection
with the Works unless adequate third party insurance
cover is in force in respect of such user.
9 LIMITATIONS OF LIABILITY
9.1 All warranties, conditions or other terms implied
by statute or common law are excluded to the fullest
extent permitted by law and in particular but not by
way of limitation the Company will be under no liability
in respect of any act, omission, negligence, neglect
or default on the part of the Temporary Worker.
10 TERMINATION
10.1 If the Temporary Worker fails to proceed with any
Works with that degree of competence as was anticipated
by the Company in agreeing the rates, or if the Temporary
Worker or any of its employees or agents shall be guilty
of any criminal act,gross default or other misconduct
in connection with or affecting such Works, then the
Company may give notice terminating the Temporary Workers
services forthwith.
10.2 In the event that the Client terminates its Contract
with the Company for the supply of the Temporary Worker
within 4 hours of the Temporary Worker commencing work
for the Client, the Company may give notice terminating
the Contract with the Temporary Worker forthwith.
10.3 Subject to 10.1 and 10.2 above, the Company or
the Temporary Worker may terminate any Contract at any
time by giving the other party not less than 24 hours
notice of such termination.
11 MISCELLANEOUS
11.1 The Company will not arrange any work for the Temporary
Worker unless and until the Temporary Worker supplies
the Company with sufficient evidence of all qualifications,
he/she holds.
11.2 It is the responsibility of the Temporary Worker
to supply tools and safety equipment suitable for his/her
trade.
11.3 The Temporary worker is responsible for his/her
safety when on site and has a duty of care towards all
colleagues. All accidents, incidents, dangerous occurrences,
near misses must be reported in line with Blue Cannon
procedure.
11.4 Blue Cannon disciplinary procedures will be implemented
and enforced when it is deemed any employee has breached
Blue Cannon rules or any other related standard/rule/code
of practice.
11.5 Should the Temporary worker feel he/she is receiving
unfair treatment they should contact Blue Cannon whereupon
the grievance procedure shall be implemented.
11.6 If any provision of these conditions is held by
any competent authority to be invalid or unenforceable
in whole or in part the validity of the other provisions
of these conditions and the remainder of the provision
in question will not be affected.
11.7 These conditions will be governed by the laws of
England and Wales and the parties hereby submit themselves
to the exclusive jurisdiction of the English and Welsh
courts.
11.8 These conditions will survive repudiation or other
termination of the Contract.
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