Terms and Conditions of Business
- Definitions: In these Terms and Conditions of Business the following definitions apply:
“Candidate” means the person introduced by FRS to the Client for a Permanent or Contract Engagement
“Temporary Worker” means the individual who is introduced by FRS 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 which the Candidate is introduced
“FRS” means the Company; Finance Recruitment Solutions Ltd
“Engagement” means the engagement, employment or use of the Candidate or Temporary Worker by the Client or any third party on a permanent, contract or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Candidate or Temporary Worker is an officer or employee
“Introduction” means (i) the Client’s interview of a Candidate or Temporary Worker in person or by telephone, following the Client’s instruction to FRS to search for a Candidate or Temporary Worker; or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or Temporary Worker; and which leads to an Engagement of that Candidate or Temporary Worker.
- For the purposes of permanent recruitment FRS is acting as an Employment Agency and for the purposes of temporary recruitment FRS is acting as an Employment Business.
2.1 All business undertaken by FRS is subject to the terms and conditions set out below. In the event of a conflict between these and any other terms and conditions, the former shall prevail unless expressly otherwise agreed by FRS in writing.
2.2 In these Terms and Conditions of Business words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
2.3 These Terms and Conditions of Business constitute a contract between FRS and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of a Candidate or Temporary Worker or by the passing of any information about the Candidate or Temporary Worker to any third party following an Introduction.
2.4 Any amendment to these Terms and Conditions of Business must be in writing and signed by a Director of FRS.
- Liability
3.1 FRS shall endeavour to ensure the suitability of any Candidate or Temporary Worker introduced to the Client but makes no warranty, express or implied as to the suitability of any Candidate or Temporary Worker prior to their Engagement. FRS will only take up references for Candidates if expressly requested by the Client, the Clients are recommended to do so before Engagement.
3.2 FRS 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 FRS seeking a Candidate or Temporary Worker for the Client or from the Introduction to or Engagement of any Candidate or Temporary Worker by the Client or from the failure of FRS to introduce any Candidate or Temporary Worker. For the avoidance of doubt, FRS does not exclude liability for death or personal injury arising from its own negligence.
- Payment Terms:
4.1 All monies due shall be paid by the Client within 7 DAYS of the date of the invoice. FRS reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate set by the Bank of England (in accordance with the Late Payment of Commercial Debts (Interest) Act 1998) from the due date until the date of payment. Failure to settle accounts within 30 days will result in the refund guarantee being forfeited.
Permanent and Contract Candidates
- Introduction and Transfer Fees
5.1 An introduction fee shall become payable by the Client on the day the Client and the Candidate enter into a contract to engage the Candidate (which term includes employment or use whether under a contract of service or for services). Introduction fees will be charged whether or not the Client knew of the Candidate previously and are liable up to 12 months from the date of the Introduction.
5.2 Fees are charged on the basis of the gross annual remuneration package (including salary and any guaranteed payments). Where a company car is included £5,000 will be added to the salary for the purpose of calculating the fee. VAT will be charged in addition to the fee.
5.3 Permanent/ Introduction and Transfer Fees
Annual salaries up to £19,999 20.0%
£20,000 to £29,999 22.5%
£30,000 to £39,999 25.0%
£40,000 to £49,999 27.5%
£50,000 + 30.0%
6 Refund Guarantee
6.1 Should a Permanent Engagement terminate within eight weeks of the date of commencement and provided that the Client had notified FRS in writing (within 7 days of the termination of Engagement), settled all monies due and the termination is not due to redundancy, then FRS will endeavour to find a replacement at no extra cost. If FRS is unable to find a permanent replacement within four weeks the Client shall receive a credit against the fee as follows: –
Up to 4 weeks service: 75% refund
Over 4 weeks – 8 weeks service: 25% refund
The above refund shall not apply when a previously engaged Temporary Worker or Contract Candidate is taken on permanently or where the Client instructs other Employment Agency’s during the 4 weeks preceding the termination of employment.
7 Retained Assignments
7.1 The total fee (calculated as for Permanent fees) will be payable in three instalments as follows: a retainer fee due immediately upon commencement of the assignment and not returnable under any circumstances: a shortlist fee, non-returnable, payable upon presentation of a minimum of 3 candidates: a completion fee payable on the day a Candidate agrees to an Engagement with the Client. Retainer 1/3, Shortlist 1/3, Completion 1/3.
7.2 If FRS provides an advertising service (which term includes mail-shots) to the Client, the Client will pay all prior agreed advertising costs incurred by FRS, within 7 days of the invoice date. Advertising may only be cancelled on sufficient notice to enable FRS to withdraw the advertisement. The Client accepts that any artwork charges incurred may still be charged even if the advertisement is cancelled.
8 Contract Fees: Up to 6 months > 6 months
Annual salaries up to £19,999 30.0% 25.0%
£20,000 to £29,999 32.5% 27.5%
£30,000 to £39,999 35.0% 30.0%
£40,000 to £49,999 37.5% 32.5%
£50,000 + 40.0% 35.0%
Contract fees are expressed as a percentage of the first year’s gross annual remuneration package. The contract fee due will be equivalent to ‘x’ / 12ths of the appropriate salary package multiplied by the fee percentage (where ‘x’ denotes the duration of the contract in months) and will be invoiced in full at the start of the contract. In the event that the Candidate does not complete the period of the contract no refund is payable.
8.1 If the Client wishes to extend the agreed initial period of contract then a further fee will be payable, and calculated as in Condition 8 as if this was a new separate contract.
8.2 If the Client wishes to employ the Candidate on a permanent basis, then in addition to the contract fee already paid the Client shall pay a permanent fee in accordance with Condition 5. If the Client continues to use the services of the Candidate (whether on a permanent, contract or temporary basis, whether direct or via a Limited Company or via any third party) within one year after the last contract has been completed, then FRS will charge the Client the appropriate contract extension fee or introduction fee in accordance with Condition 5.
Temporary Workers
- Transfer and Introduction Fees
9.1 In the event of any Temporary Worker being engaged by the Client or an associated Company, or in the event of the Client or any of its associates using the services of the Temporary Worker, in any capacity, (other than through FRS) whether facilitated directly or indirectly by the Client or Temporary Worker within the relevant period the Client will be liable to either an extended period of hire, the length of which is to be agreed between FRS and the Client, or a Transfer Fee in accordance with Condition 5.
9.2 The Client should give FRS 5 day’s written notice in advance of the Engagement of whether it has elected to take the period of extended hire or pay the Transfer Fee. If the Client does not give such notice or does not agree to a period of hire or a Transfer fee it is agreed that the Transfer fee will be due.
9.3 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by FRS to the Client, but which leads to an Engagement by the Client of the Temporary Worker either (1) directly or (2) pursuant to being supplied by another employment business within 12 months of the date of the Introduction the Client shall be liable, to either an extended period of hire, the length or amount of which is to be agreed between FRS and the Client or an Introduction Fee subject to Condition 5.
9.4 If the Client elects for an extended period of hire but before the end of such period Engages the Temporary Worker supplied by FRS either directly or pursuant to being supplied by another employment business or the Temporary Worker chooses not to be supplied for an extended period of hire, the Introduction or Transfer Fee calculated in accordance with Condition 5 may be charged.
9.5 In the event that the Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party in any capacity during the relevant period then the Client is liable to pay an Introduction fee in accordance with Condition 5.
9.6 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by FRS to the Client, but the Temporary Worker is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within 12 months from the date of Introduction, the Client shall be liable to an Introduction Fee in accordance with Condition 5.
9.7 In respect of all Transfer fees or Third Party Introduction fess no refund will be paid in the event that the Engagement subsequently terminates.
- Charges and Timesheets
10.1 The Client agrees to pay the hourly rate charge that FRS advised at the time of booking of the Temporary Worker for all the hours actually worked. The hours actually worked will be stated on a weekly timesheet duly authorised by the Client in acceptance of FRS’s charge. Such charges are invoiced weekly and payable within 7 days. If a Client wishes to withdraw authorisation of a timesheet FRS can only comply subject to the receipt of that instruction in writing before payment to the Temporary Worker by FRS.
10.2 Travelling, hotel or other expenses as may be agreed shall be itemised on FRS’s invoice in addition to the hourly rate charge.
10.3 FRS reserves the right to vary the charge on any extension or subsequent assignment and further to review and vary the charges on an existing assignment subject only to seven days’ prior notification of such variation being given to the Client.
10.4 In the event of non-payment FRS may without prejudice to its other rights, elect to terminate this contract and withdraw the Temporary Worker upon three hours notice to the Client
10.5 Overtime is payable after 40 hours and for Saturdays at 1.5 times the hourly rate and at 2 times the hourly rate for Sundays
- Payment of the Temporary Worker
11.1 FRS will be responsible for the Temporary Worker’s wages, holiday pay and deduction and payment of all National Insurance contributions and PAYE deductions.
- Obligations of the Client
12.1 Temporary Workers supplied by FRS are engaged under contracts for services. They are not the employees of FRS but 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 the Temporary Worker 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, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff.
12.2 The Client shall advise FRS of any special health and safety matters about which FRS is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the assignment. The Client will assist FRS in complying with their duties under the Working Time Regulations by supplying any relevant information about the assignment requested by FRS and the Client will not do anything to cause the FRS to be in breach of its obligations under these Regulations.
12.3 The Client undertakes to supervise the Temporary Worker. If the Client has any complaint about the Temporary Worker such complaint must be made by telephone and confirmed in writing within one day of the alleged breach. In any event, the Client waives any rights to withhold payment until after notification.
12.4 The Client hereby undertakes to provide adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all assignments and to indemnify FRS against all claims, costs and damages arising out of the assignment. The Client further undertakes to insure the Temporary Worker for all risks in respect of claims made by third parties.
13 Liability
13.1 FRS shall not be liable for any failure to provide a Temporary Worker in accordance with the Client’s stated requirements for all or part of the period of the assignment. FRS reserves the right to substitute another Temporary Worker at any time.
14 Termination
If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the assignment by instructing the Temporary Worker to leave the assignment immediately.
14.2 Any of the Client, FRS or the Temporary Worker may terminate an assignment at any time without prior notice and without liability.
14.3 The Client shall notify FRS immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.
14.4 These Terms and Conditions of Business are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the courts of England & Wales.