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PERMANENT & TEMPORARY TERMS OF BUSINESS

 

 

PERMANT DEFINITIONS

 

In these Terms of Business the following definitions apply:

 

“Applicant”                                            

Means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff.

 

“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 Applicant or Temporary Worker is supplied or introduced.

 

“The Agency”    

Means Semcom Consultancy Limited, Registration Number 06454290.

 

“Engagement”   

Means the engagement, employment or use of the Temporary Worker directly by the Client or any third party or through any other employment business 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; directly or through a limited company of which the Temporary Worker is an officer or employee.

 

“Introduction”

Means (i) the Client’s interview of an Applicant in person or by telephone,

following the Client’s instruction to the Agency to search for an Applicant; or (ii)

the passing to the Client of a curriculum vitae or information which identifies the

Applicant; and which leads to an Engagement of that Applicant.

 

“Remuneration”

Includes salary or fees, guaranteed and/or anticipated bonus and commission

earnings, allowances, inducement payments, the benefit of a company car and

all other payments and taxable (and, where applicable, non-taxable)

emoluments payable to or receivable by the Applicant for services rendered to

or on behalf of the Client or any third party. Where a company car is provided,

a notional amount (to be agreed with the Client) will be added to the salary in

order to calculate the Agency’s fee.

 

o       Unless the context otherwise requires, references to the singular include the plural.

 

o       The headings contained in these Terms are for convenience only and do not affect their interpretation.

 

 

TEMPORARY DEFINITIONS

 

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 which the Temporary Worker is supplied or introduced.

 

“The Employment Business”

Means Semcom Consultancy Limited, Registration Number 06454290.

 

“Engages / Engaged / Engagement”  

Means the Engagement, Employment or use of the Temporary Worker directly

by the Client or any third party or through another Employment Business 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; directly or through a limited company of which the Temporary

Worker is an officer or employee.

 

“Temporary Worker”     

Means the Individual who is introduced by the Employment Business to render services to the Client.

 

“Transfer Fee”

Earns the fee payable in accordance with clause 5.1 below and Regulation 10 of

the Conduct of Employment Agencies and Employment Businesses Regulations

2003.

 

“Introduction Fee”         

Means the fee payable in accordance with clause 5.2 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

 

 

“Introduction”   

Means (i) the Client’s interview of a Temporary Worker in person orby telephone, following the Client’s instruction to the Employment Business to supply a Temporary Worker; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Temporary Worker; and which leads to an Engagement of that Temporary Worker.

 

“Remuneration”

Includes salary or fees, guaranteed and/or anticipated bonus and commission

earnings, allowances, inducement payments, the benefit of a company car and

all other payments and taxable (and, where applicable, non-taxable)

emoluments payable to or receivable by the Applicant for services rendered to

or on behalf of the Client or any third party. Where a company car is provided,

a notional amount (to be agreed with the Client) will be added to the salary in

order to calculate the Agency’s fee.

 

o        Unless the context otherwise requires, references to the singular include the plural.

 

o        The headings contained in these Terms are for convenience only and do not affect their interpretation.

 

 

THE PERMANENT CONTRACT

 

These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Applicant or the Temporary Worker or the passing of

any information about the Applicant or the Temporary Worker to any third party following an Introduction.

 

These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Employment Business, these Terms prevail over any terms of  business or purchase conditions put forward by the Client.

 

No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

 

 

THE TEMPORARY CONTRACT

 

These Terms constitute the contract between the Employment Business and the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Applicant or the Temporary Worker or the passing of

any information about the Applicant or the Temporary Worker to any third party following an Introduction.

 

These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by the Client.

 

No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

 

 

PERMANENT

 

1.         Notification and Fee

 

1.1       The Client agrees:

 

a)         To notify the Agency immediately of any offer of an Engagement which

             it makes to the Applicant.

b)         To notify the Agency immediately that is offer of an Engagement to the

             Applicant has been accepted and to provide details of the Remuneration to

             Agency; and

c)         To pay the Agency fee within 21 days of the date of the invoice.

 

1.2       Except in the circumstances set out in clause 3.1 below, no fee is

            incurred by the Client until the Applicant commences the Engagement of

            the Client. The Agency will render an invoice to the Client for its fees.

 

1.3       The Agency reserves the right to charge interest on invoiced amounts

            unpaid for more than 21 days at a rate of 8% (above the base rate of

            the Bank of England) from the due date until the date of payment.

 

 

1.4       The fee payable to The Agency by the Client for an introduction

            resulting in an Engagement is calculated in accordance with the Fee

            Structure on the Remuneration applicable during the first 12 months of

            the Engagement. Taxable Emoluments, but not limited to company car,

            bonus, commission, guarantees and allowances. VAT will be charged on

            the fee if applicable. (see 4.0)

 

1.5       In the event that the Engagement is for a fixed term of less than 12

            months, the fee in clause 1.4 will apply pro-rata. If the Engagement is

            extended beyond the initial fixed term or if the Client re-engages the

            Applicant within 6 calendar months from the date of termination of the

            first Engagement the Client shall be liable to pay a further fee based on

            the additional Remuneration applicable for the period of Engagement

            following the initial fixed term up to the termination of the second

            Engagement or the first anniversary of its commencement, whichever is

            the sooner.

 

1.6       If the Client subsequently engages or re-engages the Applicant within

            the period of 6 calendar months from the date of the termination of the

            Engagement or withdrawal of the offer, a full fee calculated in

            accordance with clause 1.4 above  becomes payable.

 

2.         Refunds

 

2.1       In order to qualify for the following Refund, the Client must pay the

            Agency’s fee within 21 days of the date of the invoice and must notify  

            the Agency in writing of the termination of the Engagement within 7

            days of its termination.

 

2.2       If the Engagement terminates before the expiry of 8 weeks from the

            commencement of the Engagement (except where the Applicant is

            made redundant) the fee will be refunded in accordance with the scale

            of Refund set out in these Terms of Business (see 4.0)

 

2.3       In circumstances where clause 1.6 applies the full fee stated in clause 1.4

            is payable and there shall be no entitlement to a Refund.

 

3.         Cancellation Fee

 

3.1       If, after an offer of Engagement has been made to the Applicant, the

            Client decides for any reason to withdraw it, the Client shall be liable to

            pay The Agency a minimum fee of 10% of the annual remuneration.

 

4.                  Scale of the Fees and Rebates

 

 

Scale of Rebate                                                                        Scale of Fee

Week                                        Rebate             Salary                                  Fee

up to 2 weeks                     100%                   under £9.999                     12%

2 to 4 weeks                       75%                     £10.000 to £15.999         14%

4 to 6 weeks                       60%                     £16.000 to £22.999         16%

6 to 8 weeks                       40%                     £23.000 to £29.999         18%

8 to 10 weeks                     25%                     £30.000 to £49.999         20%

10 to 12 weeks                  10%                      £50.000 and above           25%

 

 

5.         Introduction

 

5.1       Introductions of Applicants are confidential. The disclosure by the Client

            to a third party of any details regarding an Applicant introduced by the

            Agency, which results in an Engagement with the third party within 6

            months of the introduction renders the Client liable to payment of the

Agency’s fee as set out in clause 1.4 with no entitlement of any Refund.

 

5.2       An Introduction fee calculated in accordance with clause 1.4 will be

            charged in relation to an Applicant engaged as a consequence of or

            resulting from an introduction by or through the Agency, whether direct

            or indirect. Within 6 months from the date of the Agency’s Introduction.

 

5.3       Where the Amount of the actual Remuneration is not known the Agency

            will charge a fee calculated in accordance with Clause 1.4 on the

            minimum level of remuneration applicable for the position in which the

            Applicant has been engaged with regard to any information supplied to

            the Agency by the Client and / or comparable positions in the market

            generally for such positions.

 

5.4       In the event that any Employee of the Agency with whom the Client has

            had personal dealings accepts an Engagement with the Client within 3

            months of leaving the Agency’s Employment, the Client shall be liable to

            pay an introduction fee to the Agency in accordance with clause 1.4.

 

6.         Suitability and References

 

6.1       The Agency endeavours to ensure the suitability of any Applicant

            introduced to the Client by obtaining confirmation of the Applicant’s

            identity; that the Applicant has the experience, training, qualifications

            and any authorisation which the Client considers necessary or which

            may be required by law or by any professional body; and that the

            Applicant is willing to work in the position which the Client seeks to fill.

 

6.2       The Agency endeavours to take all such steps as reasonably practicable

            to ensure that the Client and Applicant are aware of any requirements

            imposed by law or any professional body to enable the Applicant to

            work in the position, which the Client seeks to fill.

 

6.3       The Agency endeavours to take all such steps as reasonably practicable

            to ensure that it would not be detrimental to the interests of either the

            Client or the Applicant for the Applicant to work in the position which the

            Client seeks to fill.

 

6.4       Notwithstanding clause 5.1, 5.2, 5.3 and 5.4 above the Client shall

            satisfy itself as to the suitability of the Applicant and the Client shall

            take up any references provided by the Applicant to it or the Agency

            before engaging such Applicant. The Client is responsible for obtaining

           work permits and / or such other permission to work as may be

           required, for the arrangement of medical examinations and / or

           investigations into medical history of an Applicant, and satisfying any

           medical and other requirements, qualifications or permission required by

           law of the country in which the Applicant is engaged to work.

 

6.5       To enable the Agency to comply with its obligations under clause 5.1,

            5.2, 5.3 and 5.4 above the Client undertakes to provide to the Agency

            details of the position which the Clients seeks to fill,

including the type of work that the Applicant would be required to do; the location and hours of work;

the experience, training and qualifications and any authorisation which the Client considers necessary

or which are required by law for the Applicant to possess in order to work in the position; and any risks to

health or safety known to the Client and what steps the Client has taken to prevent or control such risks.

In addition the Client shall provide details of the date the Client requires the Applicant to commence,

the duration or likely duration of the work; the minimum rate of remuneration, expenses and any

other benefits that would be offered; the intervals of payment of remuneration and the length of notice

that the Applicant would be entitled to give and receive to terminate the employment with the Client.

 

7.         Special Situations

 

7.1       Where the Applicant is required by law, or any professional body to

            have any qualifications or

authorisations to work in the position which the Client seeks to fill; or the work involves caring for or

attending one or more persons under the age of eighteen; or any person who be reason of age,

infirmity or who is otherwise in need of care or attention, The Agency will take all reasonably

practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations

of the Applicant, two references from the persons not related to the Applicant who have agreed that

the references they provide may be disclosed to the Client of the steps it has taken to obtain this

information in any event.

  

8.         Liabilities

 

8.1       The Agency shall not be liable under any circumstances for any loss,

            expenses, damage, delay,

costs or compensations (whether direct, indirect or consequential) which may be suffered or

incurred by the Client arising from or in any way connected with the Agency seeking an Applicant

for the Client or from the introduction to or Engagement of any Applicant by the Client or from the

failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does

not exclude liability for death or personal injury arising from its own negligence.

 

9.         Law

 

9.1       The Terms are governed by the law of England & Wales and are subject

            to the exclusive jurisdiction of the courts of England & Wales.

 

 

 

TEMPORARY

 

1.         Charges

 

1.1       The Client agrees to pay such hourly charges * of the Employment Business

            as shall be notified to and agreed with the Client. The hourly charges are

            calculated according to the number of hours

worked by the Temporary Worker (to the nearest quarter hour) and comprise mainly the Temporary

Worker’s pay but also include The Employment Business’s commission, calculated as a percentage of the

Temporary Worker’s pay, Employers 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, if applicable, is payable on the entirety of these charges.

 

*Note: The amount of the hourly charge will need to be agreed with the

 Client before the start of an Assignment. 

 

1.2       The charges are invoiced to the Client on a weekly basis and are payable

            within 7 days. The Employment Business reserves the right to charge

            interest on invoiced amounts unpaid for more than 21 days at a rate of 8%

            (above the base rate of the Bank of England) from the due date until

            the date of payment.

 

1.3       There is no rebates payable in respect of the charges of The Employment

            Business.

 

2.         Information to be provided

 

2.1       When making an introduction of a Temporary Worker to the Client, the

            Employment Business shall inform the Client of the identity of the

            Temporary Worker; that the Temporary Worker has the necessary or

            required experience, training, qualifications and any authorisation required

            by law or the professional body to work in the Assignment; whether the

            Temporary Worker will be employed by the Employment Business or under

            a contract of Service or apprenticeship or a contract for services; and that

            the Temporary Worker is willing to work in the Assignment.

 

2.2       Where such information is not given in paper from or by electronic means it

            shall be confirmed by such means by the end of the third business day

            (excluding Saturday, Sunday or a public or Bank holiday) following say,

            where the Temporary Worker is being introduced for an Assignment in the 

            same position as one in which the Temporary Worker has previously been

            supplied within the previous five business days and such information has

            already been given to the Client, unless the Client requests that the

            information be resubmitted.

 

3.         Time Sheets

 

3.1       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) the Client shall sign the

            Employment Business time sheet verifying the number of hours worked by

            the Temporary Worker during that week.

 

3.2       Signature of the time sheet by the Client is confirmation of the number of

            hours worked. If the Client is unable to sign a time sheet produced for

            authentication by the Temporary Worker because the Client disputes the

            hours claimed, the Client shall inform the Employment Business as soon as

            reasonably, practicable and shall co-operate fully and in a timely fashion

            with the Employment Business to enable the Employment Business to

            establish what hours, if any, were worked by the Temporary Worker. Failure

            to sign the time sheet does not absolve the Client’s obligation to pay the

            charges in respect of the hours worked.

 

3.3       The Client shall not be entitled to decline to sign a timesheet on a basis that

            he is dissatisfied with the work performed by the Temporary Worker. In

            cases of unsuitable work, the Client should apply the provision of clause 8.1

            below.

 

4.         Payment of the Temporary Worker

 

4.1       The Employment Business assumes responsibility for paying the Temporary

            Worker and where appropriate, for the deduction and payment of National

            Insurance Contributions and PAYE income Tax applicable to the Temporary

            Worker pursuant to sections 44-47 of the Income Tax (Earnings and 

            Pensions) Act 2003.

 

5.1       Where there has been a supply

 

5.1.1    In the event of the engagement by the Client of a Temporary Worker

            supplied by The Employment Business either (1) directly or (2) pursuant to

            being supplied by another employment business, within either

 

           The duration of the Assignment

           14 weeks from the start of the first Assignment (each new Assignment

            where there has been a break of more than 42 days (6 weeks) since the

            end of the previous Assignment shall also be considered to be the “first

            Assignment” for these purposes); or

           8 weeks from the day after the last day the Temporary Worker worked on

            the Assignment the Client shall be liable, to either an extended period of

            hire as set out in 5.1.3 below or a Transfer Fee calculated in accordance

            with 5.1.2 below. The Client must give the Employment Business 3 day’s

            written notice in advance of the Engagement of whether it has elected to

            take the period of extended hire or to pay the Transfer Fee. However,

            where the Client does not give such notice before the Temporary Worker is

            engaged the parties agree the Transfer Fee shall be due.

 

Transfer Fee

 

5.1.2    The Transfer Fee shall be such proportion of the amount calculated as

            follows: 20% of the Remuneration applicable during the first 12 months of

            the Engagement, if the actual amount of the Remuneration is not known, the

            hourly charges referred to in clause 1.1 multiplied by 200 as set out below:

 

5.1.2.1 Where the Temporary Worker supplied has been directly or indirectly

            engaged by the Client within 13 weeks from the commencement of the

            Assignment the Transfer Fee shall be 100%.

 

5.1.2.2  Where the Temporary Worker supplied has been directly or indirectly 

            engaged by the Client more than 13 weeks but less than 26 weeks from the

            commencement of the Assignment the Transfer Fee shall be 50 %.

 

5.1.2.3  Where the Temporary Worker supplied has been directly or indirectly

            engaged by the Client more than 26 weeks from the commencement of the Assignment the Transfer Fee shall be £nil.

 

Extended Period of Hire

 

5.1.3    The Extended period of hire shall be whichever of the following is most appropriate;

 

           Where the Assignment is for a fixed period, and that period has not expired,

             the period ending 6 weeks after the scheduled end date of the Assignment;

           Where the Assignment is for a fixed period, and that period has expired, 12

            weeks; or

           Where the Assignment is of no fixed duration 18 weeks.

 

5.1.4   If the Client elects for an extend period of hire, as set out above, but before

           the end of such period engages the Temporary Worker supplied by the

           Employment Business 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 Transfer Fee calculated in

           accordance with 5.1.2 may be charged, reduced by such percentage to

           reflect the period of extended hire already undertaken by the Temporary

           Worker and paid for by the Client. *

 

*Note: For Example if a Worker leaves 3 weeks into an extended period of hire due to last 6 weeks  the amount charged would be 50% of the Transfer Fee.

 

5.1.5    No refund of the Transfer Fee will be paid in the event that the Engagement

            subsequently terminates.

 

5.1.6    VAT is payable in edition to any fee due.

 

 

5.2       Where has been an Introduction but no supply

 

5.2.1    In the event that there is an introduction of a Temporary Worker to the

            Client which does not result  in the supply of the Temporary Worker by The

            Employment Business to the Client, but which leads to an Engagement of

            the Temporary Worker by the Client either (1) directly or (2) pursuant to

            being supplied by another employment business with 6 months of the date

            of the introduction the Client shall be liable, to either an extended period of

            hire as set out in 5.2.3 or an Introduction Fee calculated in accordance with

            5.2.2 below. The Client must give the Employment Business 3 days written

            notice in advance of the engagement of whether it has elected to take the

            period of extended hire or to pay the Introduction Fee. However, where the

            Client does not give such notice before the Temporary Worker if engaged

            the parties agree that the Introduction Fee shall be due.

 

Introduction Fee

 

5.2.2    The Introduction Fee shall be calculated as follows: 20% of the

            Remuneration applicable during the first 12 months of the Engagement or, if

            the actual amount of the Remuneration is not known, the hourly rate

            charged multiplied by 200. 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.

 

Extended Period of Hire

 

5.2.3    The Extended period of hire will be whichever of the following is most

            appropriate;

 

·         Where the Assignment is for a fixed period, the period ending 12 weeks after the scheduled end date of the Assignment; or

·         Where the Assignment is of no fixed duration, 18 weeks.

 

5.2.4    If the Client elects for an extend period of hire, as set out above, but before

            the end of such period engages the Temporary Worker supplied by the

            Employment Business 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 Transfer Fee calculated in

            accordance with 5.2.2 may be charged, reduced by such percentage to 

            reflect the period of extended hire already undertaken by the Temporary

            Worker and paid for by the Client.

 

5.3       Temp to third party transfer fees where there has been a supply

 

            In the Event that the Temporary Worker supplied to the Client is introduced

            by the Client to a third party, which results in the Engagement of the

           Temporary Worker by the third party within either:

 

·          The duration of the Assignment;

·         14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the “first Assignment” for these purposes); or

·          8 weeks from the day after that last day the Temporary Worker worked on the Assignment the Client shall be liable, to pay a Transfer Fee calculated as follows: 20 % of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly rate charged multiplied by 200. No Refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

 

5.4       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 the

            Employment Business 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 6 months from the date of

            introduction the Client shall be liable, to an Introduction Fee calculated as

            follows: 20% of the remuneration applicable during the first 12 months of

            the Engagement or, if the actual amount of the Remuneration is not known,

the hourly charged agreed pursuant to clause 1.1 multiplied by 200. No

Refund of the Transfer Fee will be paid in the event that the Engagement

subsequently terminates. VAT is payable in addition to any fee due.

 

6.         Liability

 

6.1       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.

 

6.2      Temporary Workers supplied by the Employment Business are engaged

           under contracts for

services. They are not the employees of the Employment Business 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 (excluding the matters specifically mentioned in Clause 6 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments. 

 

6.3      The Client shall advise the Employment Business of any special health

           and safety matters about

which the Employment Business 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 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.

 

6.4      The Client undertakes that it knows of no reason why it would be

           detrimental to the interests of the Temporary Worker for the Temporary

           Worker to fill the Assignment. 

 

6.5      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 non-compliance with clauses 8.2 and 8.3 and/or as a result of

           any breach of these Terms by the Client.

 

 

 

7.         Special Situations

 

7.1       Where the Temporary Worker is required by law, or any professional

            body to have any

qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Employment Business will take all reasonably practicable steps to obtain and offer to the Client:

 

·        Provide copies of any relevant qualifications or authorisations of the Temporary Worker, and

 

·         Two references from persons not related to the Temporary Worker who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Temporary Worker is suitable for the Assignment. If the Employment Business is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event. 

 

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:

 

·        Within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or

 

·          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 the Temporary Worker is unable to

           attend work for any reason.

 

8.4      The Employment Business shall notify the Client immediately if it

           receives or otherwise obtains information, which gives it reasonable

           grounds to believe that a Temporary Worker supplied to the Client is

           unsuitable for the Assignment, and shall terminate the Assignment under

           the provisions of clause 8.2.

 

9.         Law

 

9.1       The Terms are governed by the law of England & Wales and are subject to the exclusive

            jurisdiction of the courts of England & Wales.

 

 

 

 

I have read and understand the Terms and Conditions of Semcom Consultancy Limited.

 

 

Signed for and on behalf of the Client:

 

 

Name:                                                                                      Position:

 

 

 

Company:                                                                                 Dated:

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Please note:

The Terms of Business outlined on the right, are our Standard Terms of Business. For special Offers or special deals, such as representing you as the Sole Agency, please call us on 01293 530 344 or email grit@semcom.co.uk.