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    Terms & Conditions for Supply of Temporary Workers

    In this Agreement

     

    “Employment Business”       means Vohs & Co Ltd, whose registered office is situated at 119 The Hub Kensal Road London W10 5BE.  Reg No 05574920.

    “Booking”                                  means the agreement for the provision of services by an  identified Temporary Worker .

    “Client”                                       means the party to whom the Temporary Worker is introduced.

    “Temporary Worker ”          means the person introduced by the Employment Business to the Client  to carry out the Booking  

    “Service Period”                     means the period, as agreed from time to time, during which the Temporary Worker is engaged by the client to render his/her services.

    “Services”                                  means the services specified in the form to be provided by the

                                                          Employment Business, to the Temporary Worker. 

     

    (EMPLOYMENT BUSINESS/CLIENT AGREEMENT)

     

    The Client and the Employment Business now agree that the Employment Business shall introduce Temporary Workers to the Client on the following Terms and Conditions:

    1. These terms of Business govern the basis upon which the Employment Business introduces Temporary Workers to the Client to work on Bookings and are deemed to be accepted by the Client by virtue of its request for introduction to or engagement of the Temporary Worker introduced by the Employment Business.

    1. An Introduction of a Temporary Worker will be provided by the Employment Business in the form of an email with the Temporary Workers details included.  In the event that the Temporary Worker is already known to the Client, having been introduced either by a third party or having been known to the Client by other means not though the Employment Business, the Client shall inform the Employment Business of such facts within 48 hours of the initial introduction.

    1. The Employment Business will notify the Client directly when a Temporary Worker has agreed to perform the Services. The Client undertakes to decline or accept the Temporary Worker for a proposed Booking within sixteen working hours, failing which, the Temporary Worker will be deemed to have been declined. Confirmation of all Bookings shall be sent electronically to the Client providing details of the agreed booking.  In the event that the booking confirmation is inaccurate, the Client is asked to alert the Employment business prior to the Temporary Worker commencing work and requesting a new booking confirmation be sent out.

    1. The Client agrees to make payments to the Employment Business in accordance with the hourly rate agreed between the Employment Business and the Client at the commencement of the Service Period and as may be varied from time to time during the Service Period. The sums payable mainly comprise of the Temporary Worker’s remuneration which is calculated according to the number of hours worked by the Temporary Worker but also include employer’s national insurance contributions, any sums due in respect of holiday pay or any other statutory entitlement of the Temporary Worker. The Client shall pay employers’ National Insurance Contributions in proportion to the Temporary Worker’s remuneration earned in any week. The Client shall make such payments to the Employment Business who will in turn remit such payments to the Contributions Employment Business on behalf of the Client. The Temporary Worker’s remuneration should include the Employment Business’s charges for the introductory service provided. The charges shall be advised to the Client on the Booking confirmation provided. VAT is payable in accordance with statutory requirements at the time of invoice.

    1. In the event that the Client, or any subsidiary or associated Client of the Client, or any person connected with, or any employee or officer of the Client, or any third party working in connection with the Client engages a Temporary Worker during the Service period, or 25 weeks following the end of the Service Period for that Temporary Worker with the Client, the Client shall be liable, subject to electing by giving 7 days prior notice, to either:

    1. An extended period of hire of the Temporary Worker being 25 weeks during which the Client shall pay the current charge agreed pursuant to clause 3 for each hour the Temporary Worker is so employed or supplied or

    1. A Transfer Fee calculated as follows: 

    15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 4 multiplied by 200.  No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

     

     

    1. The Employment Business will invoice the Client for charges in effect at the time of the Booking. At times these charges may be varied.  Should this happen whilst a Temporary worker is in the middle of a Booking, the Employment Business will notify the Client of any changes in the charge rate at least seven days prior and obtain consent for the change.  Charge rates will be agreed and confirmed at the time of the Bookings and sent through to the Client in electronic format.

    1. Invoices will be rendered weekly for settlement within seven days wherever possible, based on the timesheets received from the Temporary Worker.  Time is of the essence in relation to payment of invoices.  In the event of a dispute regarding an invoice the Client must notify the Employment Business within seven days in writing of the nature of the disagreement. If the Employment Business has not been informed in accordance with the above the Client is bound to pay the full invoice value.  If the Employment Business is informed of any disagreement in accordance with the above, the Client must nevertheless pay to the Employment Business the element of the invoice that is not in dispute. The Employment Business reserves the right to charge the Client interest at the rate of 1.5% above the base rate of National Westminster Bank plc from time to time on any overdue invoice, such interest to accrue from day to day.

    1. The Client agrees that the Employment Business shall not be responsible for any loss, expense, damage or delay arising from the Employment Business’s failure to introduce a Temporary Worker for all or any part of a Service Period.

    1. The Employment Business shall take reasonable steps prior to placing the Temporary Worker with the Client to ensure the Temporary Worker is properly qualified for the Booking. Such steps shall include but not be limited to taking up professional references, reviewing current appropriate professional registration, checking Passports and in case of foreign nationals, proof of working status and where applicable checking police records.  The Employment Business will further ensure the Temporary Worker is adequately informed of the nature of the Services they will be providing and further ensure the Temporary Worker is willing to work on such a Booking.

    1. The Client accepts that it is responsible for supervising the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standard of work. The Client may request a Temporary Worker to end a Booking due to unsatisfactory work at any time. In such event, the Client will be charged for any period worked.

    1. Subject to Clause 10, the Client agrees with the Employment Business that the Client shall be responsible for all acts, errors and omissions of each Temporary Worker whether wilful, negligent or otherwise during the Service Period. The Client shall effect and maintain throughout each Service Period adequate public liability and other usual insurance covers in respect of the provision of the Services by the Employment Business and every such Temporary Worker.

    1. The Client is responsible for paying the Temporary Worker and shall make such payment through the intermediary of the Employment Business, which shall operate as a payroll service by passing all payments to the Temporary Worker  in respect of his remuneration and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE income Tax applicable to the Temporary Worker . The Employment Business shall ensure that any such deductions together with the applicable Employer’s National Insurance Contributions are passed to the relevant authorities on behalf of the Client.

    1. Where a Temporary Worker is to be paid via a Limited Company, the Employment Business shall inform the Client within the Confirmation Letter of such an instance.

    1. The Client and the Employment Business agree that any charge which the Client may levy for the provision of accommodation needs, meals and telephone services to the Temporary Worker, will be dealt with directly between that Temporary Worker and the Client and shall not be deducted from or added to any monies payable to the Employment Business.

    1. At the end of each week of a Service Period (or at the end of the Service Period where it is for a period of one week or less) the Client shall countersign a time sheet or other written record verifying the number of hours worked by the Temporary Worker during that week and confirming the Client’s satisfaction with the standard to which the Temporary Worker has supplied his/her services. Accordingly the Client undertakes to notify the Employment Business as soon as possible, but in any event within seven days, of any difference between hours originally specified and hours worked.

    1. The Client shall forward to the Employment Business via the Temporary Worker, the signed weekly timesheets following the Client’s agreement and verification.

    1. The Client shall notify the Employment Business immediately, in writing, in the event that it wishes to cancel or vary, the nature of the Services to be provided, or the duration of, or the daily hours for the provision of the Services in any Service Period. Any notice shall contain sufficient detail of any such cancellation or change and may be communicated by means of post, facsimile or email.

    1. The Client shall notify the Employment Business immediately, in writing or verbally, of any breach or alleged breach in performance, or any incompetence or negligence on the part of the Temporary Worker, in the provision of the Services. Any notification under this clause shall contain sufficient details of the matter or matters.

    1. Whilst the Employment Business shall endeavour to ensure that any Temporary Worker is adequately skilled, reliable and honest, in the provision of the Services, having due regard to any particular requirements of the Client specified in the Booking details, it shall be incumbent upon the Client to take such steps as are necessary to satisfy itself as to the said qualities of the Temporary Worker, in relation to the proposed provisions of the Services to it, including any particular requirement of the Client in relation to the provision of those Services.

           

    1. Clients and Temporary Workers are expected to be committed to equal opportunities, thus giving all Clients and Temporary Workers, irrespective of race, gender, class, disability, religion or culture equal care and attention.

    1. The Terms and Conditions contained in this Agreement, shall be deemed to have been agreed by the Client, as a result of the Client notifying the Employment Business that the Client wished the Employment Business to provide a Temporary Worker to the Client for the provision of Services to it.

    1. As far as applicable to the Temporary Worker, these Terms and Conditions shall be deemed to have been agreed by the Temporary Worker, as a result of the Temporary Worker agreeing to perform the contracted services at the time of Booking.

    1. If any provision of these Terms or any part of any provision shall be held to be invalid, unlawful or unenforceable, such provision or part thereof (as the case may be) shall be ineffective only to the extent of such invalidity, unlawfulness or unenforceability, without rendering invalid, unlawful or unenforceable or otherwise prejudicing or affecting the remainder of such provision or any other provision hereof.

    1. A Person who is not party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this does not affect any right or remedy of any such Person which exists or is available otherwise than in consequence of that Act.

    1. These Terms, together with any documents referred to in them, constitute the whole agreement between the parties relating to its subject matter and supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relation to such subject matter.

    1. The validity, construction and performance of this Agreement shall be governed by English Law. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts to which the parties to this Agreement hereby submit.

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