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Terms and Conditions of Business
(Please read these terms carefully before signing – They are binding)
1. Contract: all Terms & Conditions specified herein constitute the Contract between Chelsea Staff Bureau Limited (the Agency) and the Client or the Client’s representative.
2. Governing Law and Jurisdiction– these Terms are governed by the Law of England & Wales and are subject to the exclusive jurisdiction of the Court of England & Wales.
3. Acceptance of Terms : engagement of any Applicant introduced by the Agency will be deemed as the Client accepting these Terms. The Agency acts only as an Introduction Agency.
4 Liability: the Agency shall not be liable under any circumstance for any loss expense damage delay cost or compensations (whether direct or indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the introduction to or the 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 avoidance of doubt the Agency does not exclude liability for death or personal injury arising from its own negligence.
4. Offer of Employment: clients are obliged to notify the Agency immediately employment is offered to an applicant introduced by the Agency. All our introductions are confidential. Clients who pass on details to another party that results in an offer of employment the Client will be liable for the Agency fee. If the agency introduces or supplies details of an applicant and subsequently another agency sends an introduction for the same applicant, the Agency shall consider the introduction to be hers. This applies for a 12 months period from the date of the agency’s introduction.
5. Cancellation Fee- the Agency reserves to right to apply 50% cancellation fee should an offer of employment to one of our applicant terminates through no fault of the Applicant and/or the Agency.
6. Staff Selection: the Agency endeavour to ensure the suitability of the applicant introduced to the Client by taking reasonable steps: ensuring that both Client and Applicant are aware of any requirement imposed by the law or by any professional body and to check the Applicant’s references identity experience qualification including CRB when required.
The client is advised to take up any references provided by the Applicant before engaging the
Applicant. The Client has to satisfy herself as to the suitability of the applicant. The Agency
carefully select all staff however we cannot guaranty that all information supplied to the Agency
by the Applicant is accurate and the Agency does not accept any liability for misrepresentation
concerning the Applicant.
Chelsea Staff Bureau Limited Page 2
Terms & Condition of Business
7. Replacement: in the unlikely event of the employment being terminated within 10 weeks from the commencement the Client shall be entitled to a free replacement providing that the Agency fee has been paid within 14 days from the date of invoice and the Client having notify the Agency within 7 days of notification date in writing as to the reasons and the client is not in breach in any way of the terms & Conditions upon which the placement was made. The termination of the employment shall be the date the Applicant ceases working for the Client. Equally the Agency will be granted a reasonable time to find a replacement with effect from the date of notification.
8. Refund:.Should a replacement not be found the Agency will grant at it’s discretion either a refund or a credit note on the following basis:- 10% of the introduction fee for each complete week of the initial 10 weeks period not worked by the Applicant. If subsequently of the Client receiving a refund the Applicant is re-engaged at any time the Client shall repay the fee to the Agency. The Client shall not be entitled to a further refund or replacement.
Introduction Fees
(all UK and EC placement-Fees are subject to VAT at the current UK rate)
Permanent & Part time Placements ........... 18% of the gross annual salary
Temporary Placement (under 3 months) £150 per week
The introduction fee is payable within 14 days of the date of invoice.
Overseas Placements 22% of the annual salary
Placement Fee for overseas are to be paid prior to the Applicants(s) leaving the UK or any other country to take up employment.
These are December 2010 Terms. They supersede all previous Terms
The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (interest) Act 1998. Invoice unpaid by the due date at the rate of 9% per annum above the base rate from time to time of the Bank of England from the due date to payment
Please Note: The Agency Introduction Fee and Staff remuneration are determined by the market rate for comparable position in which the Applicant(s) are engaged
Client’s signature__________________________ Date_____________
Signed by or on behalf of the Client . Name: ____________________________
I confirm that I am authorised to sign these Terms for and on behalf of the Client.
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