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Terms and Conditions
1. Definitions
1.1 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 is introduced.
Agency means The Workshop (Wisbech) Ltd, 23 The Horsefair,
Wisbech, Cambs. PE13 1AR
Engagement means the engagement, employment or use of the
Applicant by the Client on a temporary or permanent basis directly or through a
limited company of which the Applicant is an officer or employee.
Introduction means the Client’s interview of an Applicant in
person or by telephone following the Clients instruction to the Agency to search
for an Applicant or the passing to the Client of a curriculum vitae or
information which identifies the Applicant and whether this leads to an
Engagement of that Applicant.
1.2 Unless the context requires otherwise, references to the
singular include the plural.
1.3 The headings contained in these Terms of Business are for the
convenience only and do not affect their Interpretation.
2. The Contract
2.1 These terms constitute the contract between the Agency and
the Client and are deemed to be accepted by the Client by virtue of an
Introduction to, or the Engagement of an Applicant or the passing of any
information about the Applicant to any third party following an Introduction.
2.2 These terms contain the entire agreement between the parties
and unless otherwise agreed in writing by The Managing Director of The Workshop
(Wisbech) Ltd, these Terms of Business prevail over any other terms of business
or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid
unless the details of such variation are agreed between the Agency 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.
3. Notification and Fees
3.1 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 its offer of an Engagement
to the Applicant has been accepted and to provide details of the Applicants
remuneration to the Agency
c) To pay the Agency’s fee within 7 days of the date of invoice.
3.2 Except in the circumstances set out in clause 5 below, no fee
is incurred by the Client until the applicant commences the Engagement when the
Agency will render an invoice to the Client for its fees.
3.3 The Agency reserves the right to charge interest on invoiced
amounts unpaid for more than 28 days at the rate of 8% per annum from the due
date until the date of payment.
3.4 The fee payable to the Agency by the Client for an
introduction resulting in an Engagement before the expiry of thirteen weeks is
the amount equal to 10% of the Remuneration applicable, VAT will be charged.
3.5 The Agency agrees to pay the Applicant wages, overtime and
any other entitlements due under their contract of employment with the Agency
3.6 Also to make all appropriate deductions for National
Insurance, Tax etc. and account to the relevant authorities.
3.7 In the event that the engagement is for a fixed term of less
than 12 months, the fee in 3.4 will apply Pro-rata.
3.8 If an applicant is booked in advance by the Client and then
not required, a minimum charge of 4 hours will be made.
3.9 The hourly charge for an Applicant shall be agreed at the
time of booking to which VAT will be charged in addition.
4. Introductions
4.1 Introductions of the Applicant 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 that third party
within 6 months of the Introduction renders the Client liable to payment of the
Agency’s fee as set out in clause 3.4 with no entitlement to any refund.
4.2 An introduction fee calculated in accordance with clause 3.4
will be charged in relation to any 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 day of the Agency’s Introduction.
5. Suitability
The Agency will endeavour to ensure the suitability of any Applicant
introduced to the Client. We will ensure that the Applicant obtains all relevant
work permits and permission to work in this country as required by law and to
confirm their identity and any experience, training, qualifications, which the
Client considers necessary to enable the Applicant to work in the position
required.
6. Liability
The Agency shall not be liable under any circumstances for any loss,
expense, damage, delay, costs or compensation 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.
7. The Agency holds a valid operators licence under
the Transport Act 1968.
8. Law
These Terms are governed by the law of England & Wales and are subject
to the exclusive jurisdiction of the Courts of England & Wales.
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