TERMS
OF BUSINESS FOR THE SUPPLY OF TEMPORARY STAFF SERVICES
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 Temporary Worker is supplied;
"The Employment Business" means People in Print Limited trading as Dagmar
tara of 48, Chandos Place, London WC2N 4HS;
"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 the Client's instruction to the Employment
Business 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 are comprised mainly of the Temporary
Worker's remuneration but also include statutory holiday pay, 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 14 days. The Company reserves the right to charge interest
on any overdue amounts at the rate of 4% per annum above the base rate
from time to time of Bank of Scotland from the due date until the date
of payment.
4. TIME SHEETS
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' time
sheet verifying the number of hours worked by the Temporary Worker during
that week.
4.2 Signature of the time sheet 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 time sheet does not
absolve the Client's obligation to pay the charges in respect of the
hours worked.
5. REMUNERATION
5.1 The Employment Business assumes responsibility for payment of the
Temporary Worker's remuneration and where appropriate, for statutory
holiday pay and 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 in accordance with the
accompanying scale of fees for permanent introductions provided that
the Engagement takes place within a period of 6 months (or such lesser
period as prescribed by law) from the termination of the Assignment
under which the Temporary Worker was last supplied, or if there was
no Assignment, within 6 months (or such lesser period as prescribed
by law) 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 hourly charge of the Employment Business for the Temporary
Workers' services by 250. No refund of the introduction fee will be
paid in the event that the Engagement subsequently terminates. VAT is
payable in addition to any fee due.
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 the 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 or arising out of any noncompliance
with clause 7.2 and/or as a result of any breach of these Terms by the
Client.
8. TERMINATION
8.1 The Client undertakes to supervise the Temporary Worker sufficiently
to ensure the Client's satisfaction with the Temporary Worker's 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 that Temporary Worker,
provided that the Assignment terminates: -( a) within four hours of
the Temporary Worker commencing the Assignment where the booking is
for more than seven hours; or (b) within two hours for bookings of seven
hours or less. 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 Any of the Client, the Employment Business or the Temporary Worker
may terminate an Assignment at any time without prior notice and without
liability.
8.3 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 is unable to attend
work for any reason.
9. LAW
9.1 These Terms are governed by the law of England & Wales and are subject
to the exclusive jurisdiction of the Courts of England & Wales.
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