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Definitions:
Applicant: means the person introduced by the Agency to the Client for an Engagement.
Client: means the person, firm or corporate body together with any subsidiary or associated company (as defined in the Companies Act 1985 and as amended) to whom the Applicant is introduced.
Agency: means Chelsea Staff Bureau limited of London House, 266 Fulham Road, Chelsea, London SWIO 9EL
Engagement: means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or services; under an agency, license, franchise or partnership agreement; or any other engagement.
Placement: means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or services; under an agency, license, franchise or partnership agreement; or any other engagement.
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 other information relating to the Applicant which leads to the engagement of that Applicant by the Client.
Fees: The charges set out in Schedule 1.
Terms and Conditions
Contract
1. The Agency acts as agent only for the purpose of affecting introductions between Clients and staff ("Applicants") and the fees to the Agency are for the introduction only.
2. Clients who do not sign our Terms and Conditions but go on to engage an applicant whose details where obtained from us, are deemed to have accepted them and are thereby liable for the payment of our introduction fee.
3. These (July 2009) Terms and Conditions of Business shall prevail over any other terms of business previously sent.
4. Clients will provide the Agency with details of the position they offer, including type of work, hours of work, duration of employment, salary, the requirement as to experience and qualifications, any authorization required by law or any professional body and any risks known to health and safety.
5. The Agency will do its utmost to ensure the suitability of the Applicant introduced to the Client. The agency will endeavor to check the Applicant's identity, experience, training qualifications which the Client considers necessary or which may be required by law or by any professional body. Clients must notify the Agency immediately an offer of engagement is made to the Applicant and accepted by the Applicant. The agency carefully selects and checks all staff thoroughly, however, we cannot guarantee that all information supply to us by the applicants is accurate, and we do not accept any liability for any misrepresentation
6. Although the Agency does take every care to check Applicant's details, the Client is strongly advised to satisfy himself/herself as to the suitability of the Applicant.
7. Clients are NOT permitted to ask the applicants their personal address or telephone number until notification of intent of engagement is formally given to the Agency.
Fees
8. All placement fees become due when an applicant accepts an offer of a post, not on the commencement of employment. If the client cancel the services of the applicant before the applicant commences employment, 50% of the fee will still be due from the client.
9. All fees to be paid in full within 14 days of the date of the invoice.
10. Clients agree to pay the Agency for the introduction of an Applicant at the rate set out in Schedule I. If Clients increase the hours worked by the Applicant within 12 months of the commencement of the post, then the Agency will regard these hours as the hours on which to base the calculation of its fees and will submit a further invoice for the additional fee. The Agency reserves the right to charge interest at the rate of 10% per annum from the date the invoice became due to the date it is paid in full. Should the Client fail to pay the agency fee’s, The client shall be liable for all recovery costs incurred by Chelsea staff Bureau.
11. In the event of the Client's cancellation of engagement before the employee commences, a 50% fee will be charged.
12. The fee charged for the introduction of any Applicant for a permanent engagement is applicable to one engagement only. For additional Applicants introduced by the Agency and engaged by the Client, a further fee will be charged.
13. Any Client passing-on an Applicant introduced to it by the Agency to a third party will be responsible for the fee due to the Agency resulting from an engagement
14. If the Applicant leaves employment as a result of the Client's failure to comply with the Conditions of Employment previously agreed between the Applicants and the Clients and the Clients and the Agency, the full placement fee will remain payable to the Agency.
15. Invoices
Refund and Free Replacement
Free replacement period
16. A free replacement period is within 10 weeks of an Applicant commencing employment (or at the agency’s discretion). In the event of an employment being terminated within the free replacement period, Clients should be entitled to one free replacement, provided that the Client has notified the Agency in writing within 7 days as to the reasons, and that the Client is not in breach, in any way of the Terms of Business. Equally the Agency shall be granted a reasonable time to find a free replacement with effect from the date of notification.
Refund
17. Should a replacement not be found, the Agency will grant, at its discretion, either a refund or a credit note on the following basis :
a. If the applicant leaves leave within the first two weeks 100% refund
b. If the applicant leaves within 3 and 10 weeks,
the Agency will retain the equivalent to one week salary for each week worked starting from the commencing date.
Liability
18. Notwithstanding, the final decision to engage the Applicant rest with the Client. Before offering the position to the applicant, the Client shall satisfy himself/herself as to the suitability of the Applicant. Clients shall take up, if their wish, any references provided by the Agency before offering the position to the Applicant.
19. Overseas Clients seeking to engage Applicants from outside their country, shall be responsible for obtaining work and other permits, if required, also for the arrangements of medical examinations and/or investigations into the Applicant medical history, as well as satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
20. The Agency shall not be liable under any circumstances for any loss, expense, 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 Introduction to or engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. No liability shall attach to the Agency either in contract or in tort for loss, injury or damage sustained as a result of the act or omission of an Applicant, however so arising, even if such act or omission is fraudulent or negligent. The Client acknowledges that it should consider taking out appropriate insurance in order to cover against any losses. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
Law
21. The Terms and Conditions in this agreement are governed by the Law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
I/We confirm that I/We have read and agree to the above terms
SCHEDULE 1 - INTRODUCTION FEE - UK and European Union countries will be subject to VAT at the UK rate.
Permanent Staff:
Email us to request a full set of terms at enquiries@chelseastaffbureau.com
Temporary Staff:
Email us to request a full set of terms at enquiries@chelseastaffbureau.com
Fee for overseas placement are payable in full, prior to an applicant leaving the UK or any other country to take up the employment.
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