Terms and Conditions of Business For Engagement of Permanent Work Seekers

These Terms have been drawn up to comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

DEFINITIONS

In these Terms and Conditions the following definitions apply:

Charges means additional costs authorised by the Client.

Client means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 that the Work Seeker is supplied or introduced to.

Employment Agency means Credit Professionals Limited of PO Box 83, Crowborough, East Sussex TN6 1WH.

Engaged/Engages/Engagement means the engagement, employment or use of the Work Seeker directly by the Client or any third party or through any other employment agency/business on a temporary or permanent basis, whether under a contract of employment or for services; an agency, license, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Work Seeker is an officer or employee.

Introduction means (i) the Client's interview of a Work Seeker in person or by telephone, following the Client's instruction to the Employment Agency to supply a Work Seeker; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Work Seeker; and which leads to an Engagement of that Work Seeker.

Introduction Fee means the fees payable in accordance with clause 8 below.

Remuneration includes, without limitation, all salary payments and other taxable emoluments offered to, payable to, participating in or receivable by the Work Seeker for the services provided to or on behalf of the Client. All sums are gross and calculated on the basis that the Work Seeker's engagement is for twelve months whether or not the actual engagement is for twelve months. It does not include Share Option schemes, or Medical/Pension benefits.

Start Date is the day on which the Work Seeker is contracted to start work.

Work Seeker means the individual who is introduced by the Employment Agency to the Client.

THE CONTRACT

These terms are effective from 1st October, 2005 until further notice.

These terms and conditions are accepted by the Client by virtue of an interview with or the engagement of the Work Seeker.

No variation in these terms shall be valid or binding on CPL unless confirmed in writing by a Director of CPL.

1. The Client agrees:

1.1 To notify the company immediately when an engagement is accepted notwithstanding that the Client engages the Work Seeker in a different position to that originally envisaged and to provide a copy of the letter of engagement prior to the Start Date of the Work Seeker.

1.2 That Introduction Fee and Charges become due for payment within fourteen days after the Start Date.

1.3 The Introduction Fee payable to the Employment Agency by the Client for the introduction of the Work Seeker are as set out in the accompanying scale of fees (clause 8) on the gross Remuneration.

1.4 Where a Work Seeker has been interviewed by the Client and is initially rejected by the Client or if the Work Seeker rejects an offer of employment and is subsequently employed by that person, firm or corporate body or any subsidiary or associated company or any third party that the Client introduces them to up to and including twelve months after the initial Client interview date, the Client shall be liable to pay the Employment Agency the full Introduction Fee in accordance with clause 8.

1.5 Payment of all Introduction Fee and charges within terms is of the essence. The Rebate scheme will only be offered to a Client if the invoice for the Introduction Fee has been paid in full within the credit terms detailed in 1.2.

1.6 Interest and compensation on overdue accounts will be charged in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998. The Employment Agency reserves the right to recover all legal fees and disbursements incurred as a result of late payment of the Introduction Fee.

2. When making an introduction of a Work Seeker to the Client, CPL shall inform the Client of the Work Seekers identity.

3. The Work Seeker will perform their duties at all times under the direction and control of the Client. The Client is responsible for providing the Work Seeker with all instructions, specifications, information and data necessary to enable the Work Seeker to perform their duties.

4. The Client shall 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 to. The Client shall also advise us of any special health and safety matters about which CPL are required to inform Work Seekers and about any requirements imposed by law or by a professional body, which must be satisfied by Work Seekers accepting the vacancy.

5. The Employment Agency endeavours to ensure the suitability of the Work Seeker and checks their authority to work in the European Union by obtaining a faxed copy of the Work Seeker's Passport or other valid identification as required under Amendments to Section 8 of the Asylum & Immigration Act 1968. The Client, at interview stage, will accept responsibility for checking original documentation from the Work Seeker to ensure eligibility to work in the European Union. Additionally, the Client shall take such steps as it deems necessary to satisfy itself as to the suitability of the Work Seeker and is responsible for taking up references provided by the Work Seeker and is responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of the Work Seeker and satisfying any medical and other requirements or qualifications required by law.

6. CPL shall notify the Client immediately if we receive or otherwise obtain information, which gives us reasonable grounds to believe that the Work Seeker supplied to the Client, is unsuitable for the vacancy.

7. The Employment Agency agrees to make every reasonable effort to maintain high standards in putting forward Work Seekers but accepts no liability whatsoever for any loss, expense, delay or damage, pecuniary or otherwise, consequential or not that the Client, his employees, agents, customers or otherwise may suffer or become liable for. The Client is responsible for and is advised to insure against any liabilities. The Client is responsible for the provision of adequate insurance to the extent that any Work Seeker from the Employment Agency will have the full benefit of the Client's coverage for any liability, which might arise.

8. Scale of Fees for the introduction of permanent staff

8.1 Our Introduction Fee for full-time staff is competitive and simple to calculate:

PACKAGE INTRODUCTIONFEE PAYABLE
CANDIDATE’S REMUNERATION IN YEAR 1
[see Definition of REMUNERATION above]		20%


8.2 Advertising - where a Client requests that we advertise on their behalf our Charges are at actual cost for the advertising plus £450 for a ½ day of consultancy to prepare drafts.

8.3 Satisfaction Guaranteed - should an engagement be terminated by either you or the new employee for whatever reason, Credit Professionals Ltd operate a Rebate Scheme. Subject to you advising us in writing within 10 days of the termination and the Introduction Fee invoice having been paid in accordance with Clause 1.2 of the Terms & Conditions we will offer a suitable replacement within 8 weeks or, failing that, a rebate in accordance with the table below. Termination is defined as the last day of the notice period that the candidate is entitled to.

WEEKS FROM AGREED START DATEREBATE
0 - 270%
2 - 450%
4 - 830%


In the event of a dispute arising under the agreement herein, the dispute if not agreed within two months, is to be resolved by arbitration. The parties shall agree the appointment of an Arbitrator, failing this the appointment of an Arbitrator is to be made by the person who is at the time being the President of the Chartered Institute of Arbitrators. The decision made by the Arbitrator is to be binding on the parties and the costs of arbitration are to be borne equally by the parties. Any disputes regarding this contract shall be resolved according to English Law and the Courts of England & Wales shall have sole jurisdiction subject to the arbitration provisions above to try disputes. The parties further agree that any dispute subject to arbitration clauses shall so far as the financial criteria permit take place at the Tunbridge Wells County Court.

CPL shall not at any time during or after the term of the arrangement divulge or allow to be divulged to any person any confidential information gained.

9. ACCEPTANCE OF TERMS:

9.1 The Client’s first and continuing Instructions regarding any engagement of Work Seekers and any reliance by the Employment Agency will amount to acceptance of our Terms and Conditions of Business For Engagement of Permanent Work Seekers irrespective of whether these Terms are in fact signed and dated by the Client.

9.2 Reliance means any action or steps that the Employment Agency takes in compliance with the Client’s verbal or written representations to engage the services of a Work Seeker including but not limited to any communications by facsimile or e-mail to confirm the Client’s Instructions.

9.3 Changes to our Terms and Conditions of Business For Engagement of Permanent Work Seekers will be posted on the Employment Agency's Web site at www.credit-manager.co.uk/recruitment/employers/terms.shtml from time to time. The Client agrees that changes will become effective upon posting of such changes. Where a change in the Introduction Fee or Charges is made the Client will receive an email notification giving 1 months notice of the changes and any increase in Introduction Fee or Charges will only apply on new vacancies placed from that date.

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