Supply of temporary contractors
1. DEFINITIONS
| 1.1 | In these terms and conditions (“Terms”) the following expressions shall have the following meanings: |
| Assignment | means the provision of a Contractor to a Client to perform Services; |
| Assignment Fees | means the fees payable by a Client for an Assignment, as set out in the Assignment Terms; |
| Assignment Terms | means the specific terms relating to an Assignment, set out in a separate document; |
| Client | means a person, firm or corporation who approaches Initi8 for the supply of a Contractor; |
| Contractor | means a person, firm or corporation who is supplied by Initi8 to carry out Services for a Client; |
| Engagement | means any employment or engagement, directly or indirectly, of a Contractor on a permanent or temporary basis; |
| Introduction | means the delivery by Initi8 to the Client of information which identifies a Contractor; |
| Introduction Fee | means the fee payable by the Client in accordance with Paragraphs 6 and 8 below; |
| Initi8 | means Initi8 Recruitment Limited, whose registered office is at Langley House, Park Road, East Finchley, London, N2 8EY (company number: 6339462). |
| Services | means any work carried out by a Contractor for a Client under these Terms. |
| 1.2 | Initi8 is acting as an employment business pursuant to the Employment Agencies Act 1973. |
2. THE CONTRACT
| 2.1 | These Terms together with the separate Assignment Terms constitute the entire agreement for the supply of the Contractor’s services by Initi8 to the Client. These Terms are deemed agreed by the Client by virtue of a request for interview or the commencement of an Assignment and unless otherwise agreed in writing by a director of Initi8 prevail over any terms of business proffered by a Client. |
| 2.2 | When requesting details of Contractors for an Assignment, the Client shall provide details of the identity of the Client, dates and likely duration of the Assignment, the services to be provided (including location and hours, potential health and safety risks and steps taken to prevent or control such risks), training, qualifications or authorisations considered necessary, any expenses payable, the rate payable and the length of notice required. |
| 2.3 | The Client shall not allow a Contractor to undertake any work other than that which has been notified by the Client in accordance with Paragraph 2.2. |
| 2.4 | The Client agrees that upon Initi8 providing details of a potential Contractor, Initi8 shall be given priority over any duplicated applications by the same Contractor. Should the Client receive a duplicated application, the Client shall not engage that Contractor outside these Terms without the written permission of Initi8. |
3. CHARGES
| 3.1 | The Client agrees to pay the Assignment Fees. |
| 3.2 | The Assignment Fees are calculated on a daily basis of 7.5 hours per day, based on a standard working week of 37.5 hours. |
| 3.3 | Travelling, hotel or other expenses as may be agreed from time to time (or if there is no such agreement, such expenses as are reasonable) shall be itemised on Initi8’s invoice in addition to the Assignment Fees. VAT will be added to the charges, where applicable. These charges may be varied by Initi8 from time to time on reasonable notice. |
| 3.4 | All monies due under these Terms are invoiced weekly and are payable by the Client within 14 days from the date of Initi8’s invoice. |
| 3.5 | Any breach of this Paragraph 3 shall entitle Initi8 to terminate without prior notice any one or more Assignments undertaken for the Client. |
| 3.6 | Initi8 reserves the right to charge the Client on any overdue sum at a rate of 4% per annum above Barclays Bank plc’s base rate from time to time calculated daily (both before and after any judgment) from the date of the invoice to the date of payment. |
4. TIME SHEETS
| 4.1 | At the end of each week of Assignment (or at the end of the Assignment) the Client agrees to verify and sign the Contractor’s timesheets. Signature of such timesheets by the Client constitutes acceptance that the Contractor’s services have been provided for the hours indicated on the timesheets. |
| 4.2 | The Client shall not be entitled to refuse to sign a timesheet on the basis that it is dissatisfied with the work performed by a Contractor. |
| 4.3 | If the Client is unable to sign a timesheet because of a dispute over the hours claimed, the Client shall inform Initi8 as soon as reasonably possible and shall cooperate fully with Initi8 to establish the number of hours actually worked by a Contractor. |
| 4.4 | Failure to sign the timesheet does not affect the Client’s liability to pay the Assignment Fees due or any other sum due under these Terms. |
5. AGENCY WORKERS REGULATIONS
| 5.1 | The Client agrees to comply with all relevant provisions of the Agency Workers Regulations 2010 (the “Regulations”) and to indemnify Initi8 against any cost, claim, loss or damage suffered as a result of Client’s failure to comply with the Regulations. |
| 5.2 | In order to ensure that Contractors are receiving equal treatment the Client’s permanent staff, the Client shall provide the following information to Initi8 (promptly if requested, and in any event prior to the 12th week of any Engagement) in respect of any Contractor whose Engagement exceeds 12 weeks: (i) details of the level of basic pay; The above information shall be provided on the basis of the amount the Contractor would have received if they had been recruited directly by the Client. |
6. INTRODUCTION FEES
| 6.1 | The Engagement by a Client (or any group company) of a Contractor introduced by Initi8, or the introduction by the Client of a Contractor to any third party resulting in an Engagement (or, where applicable, if the Contractor has become incorporated under a limited company, the Engagement of that limited company) renders the Client liable to pay an introduction fee calculated in accordance with Initi8’s standard scale of fees for permanent introductions (the “Introduction Fee”), provided that the Engagement takes place within the Relevant Period. |
| 6.2 | For the purposes of this Paragraph 6, the “Relevant Period” shall mean if there was no Assignment, within 6 months of the Introduction of the Contractor by Initi8 or, if there was an Assignment, the Relevant Period shall be the later of: (a) 8 weeks commencing on the day that the Contractor last performed Services; and |
| 6.3 | In the case of an Engagement by a Client, the Client can, instead of paying the Introduction Fee, elect to extend the period of hire by the Extended Period (as defined below) after which time the Contractor shall be able to be engaged directly by the Client, or through another agency, without payment of the Introduction Fee. |
| 6.4 | Where a Client elects to extend the period of hire in accordance with Paragraph 6.3 above, the Client must give Initi8 7 days’ prior notice in writing of its intention to do so. Where a Client fails to give such notice and directly engages the Contractor, an Introduction Fee will automatically become payable in accordance with Paragraph 6.1. |
| 6.5 | For the purposes of this Paragraph 6 the “Extended Period” shall mean 26 weeks or such other period as is specified in the Assignment Terms. |
| 6.6 | Where the Client fails to inform Initi8 of the annual remuneration of the Contractor, the Introduction Fee will be calculated by multiplying the daily charge of Initi8 Recruitment Services for the Contractor’s services by 225. 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. |
| 6.7 | Introductions of Contractors are confidential. In the event a Client, a group company or a related third party, within 26 weeks of the first Introduction or the last interview (whichever is the latter): (a) enters into an Assignment with a Candidate, and fails to notify Initi8; or the Client shall be charged at twice the amount of the Introduction Fee. This fee must be paid by the Client with two weeks of commencement of work, with no entitlement to a refund. For limited company contractors who have contracted out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003: 6A.1 The Engagement by a Client (or any group company) of a Contractor introduced by Initi8, or the introduction by the Client of a Contractor to any third party resulting in an Engagement renders the Client liable to pay an introduction fee calculated in accordance with Initi8’s standard scale of fees for permanent introductions (“the “Introduction Fee”), provided that the Engagement takes place within a period of 6 months from the termination of the Assignment under which the Contractor was last supplied or, if there was no Assignment, within 6 months of the Introduction of the Contractor by Initi8. 6A.2 Where the Client fails to inform Initi8 of the remuneration of the Contractor, the Introduction Fee will be calculated by multiplying the daily charge of Initi8 for the Contractor’s services by 300. 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 all reasonable efforts are made by Initi8 to ensure a reasonable standard of skills, integrity and reliability from Contractors in accordance with the Assignment requirements, the Client accepts that no warranty as to the suitability of the Contractor can be given by Initi8. |
| 7.2 | Contractors are engaged by Initi8 Recruitment Services under contracts for services. They are not employees of Initi8 but are deemed to be under the supervision, direction and control of the Client from the time they report to take up their duties, for the duration of the Assignment. |
| 7.3 | The Client shall be responsible for obtaining any work and other permits and for ensuring that the Contractor satisfies any medical requirements or other qualifications that may be appropriate or required by law. |
| 7.4 | Initi8 shall not be liable for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the introduction or supply of a Contractor or from any failure by Initi8 to supply a Contractor and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with failure of the Contractor to meet the requirements of the Client; any act or omission of a Contractor, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; any loss, injury, damage, expense or delay incurred or suffered by a Contractor. |
| 7.5 | Nothing in this Paragraph 7 shall restrict any liability of Initi8 to the Client for personal injury or death resulting from the negligence of Initi8 nor any statutory liability or any exclusion or limitation that is prohibited by law. |
| 7.6 | The Client undertakes to indemnify Initi8 in respect of any and all liability, costs or damages of Initi8 for any loss, injury, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Contractor, whether wilful, reckless, fraudulent, negligent, dishonest or otherwise; and any loss, injury or delay suffered or incurred by Initi8 as a result of any act or omission of the Client; provided that this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly out of or in any way connected with an Assignment. |
| 7.7 | The Client acknowledges that the limitations and exclusions of the obligations and liabilities of Initi8 set out in these Terms are reasonable and reflect the charges payable to Initi8 and accepts the risk and/or will insure accordingly. |
8. TERMINATION
| 8.1 | If Initi8 reasonably believes that a Contractor is unsuitable for Assignment requirements, it will inform the Client immediately and it will be entitled to terminate the Assignment without prior notice and without liability. |
| 8.2 | If the Client, acting reasonably, determines that the services of a Contractor (an “Unsuitable Contractor”) prove to be wholly unsatisfactory to carry out the Services (subject at all times to the Client complying with its obligations within these Terms), the Client shall notify Initi8 in writing giving the full grounds for its dissatisfaction with the Unsuitable Contractor (a “Dissatisfaction Notice”). |
| 8.3 | Within 5 working days of receipt by Initi8 of a Dissatisfaction Notice, Initi8 shall either: (a) provide a suitable replacement for an Unsuitable Contractor, in which case Paragraph 3 shall continue to apply without interruption; or
|
| 8.4 | Subject to any notice period that may be agreed in respect of a specific Assignment any of the Client, Initi8 or the Contractor may terminate an Assignment at any time without prior notice and without liability. |
| 8.5 | The Client shall notify Initi8 immediately (and in any event within 24 hours) if the Contractor fails to attend work or notifies the Client that he is unable to attend work for any reason. |
| 8.6 | The Client shall give Initi8 such co-operation as Initi8 may reasonably request (including but not limited to the production of relevant documents and the attendance of witnesses) at the Client’s expense in any internal disciplinary proceedings, employment tribunal proceedings or other legal proceedings in relation to any Contractor’s performance or conduct. |
9. GENERAL
| 9.1 | The Client shall at all times treat the Contractor reasonably and not discriminate against the Contractor by reason of his or her gender, sexual orientation, race, age or disability. |
| 9.2 | Initi8 reserves the right to revise these Terms on reasonable notice to the Client. |
| 9.3 | These Terms and any Assignment Terms shall be governed by and construed in accordance with the laws of England and Wales and the English Courts shall have exclusive jurisdiction. |
