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Terms & ConditionsTerms & Conditions
TEMPORARY TERMS & CONDITIONS
DEFINITIONS
"Consultants": Harrington Carter Partners Ltd, 145-157 St John Street, London, EC1V 4PY. Registered in England & Wales.
"Client": the company, firm or person requesting employees or temporary workers from the Consultants for temporary assignments.
"Engagement": the engagement of the Consultants’ Temporary Worker or any other person Introduced by the Consultants, whether directly or indirectly, including where a candidate subsequently becomes incorporated under a limited company, be it for a permanent or temporary position.
"Introduction" or "Introduced": The provision by the Consultants to the Client of any details of a Temporary Worker or candidate whether in oral or written form and in respect of which the Client has contacted the Consultants or the Temporary Worker and/ or the Client has interviewed the Temporary Worker or has initiated any other conduct in response to receiving such Temporary Worker details.
"Remuneration": Includes, for the purposes of clause 8, without limitation, all salary, payments and other taxable emoluments payable to or receivable on a gross basis by the Temporary Worker or the candidate for services rendered to or on behalf of the Client. All sums are gross and calculated on the basis that the Temporary Worker's Engagement is for twelve months.
"Temporary Worker": Any person or limited company (including any officer, employee or agent thereof) Introduced to the Client by the Consultants from time to time to work at the Client premises for the benefit of the Client pursuant to clauses T1-T11 of these terms and conditions.
It is agreed that these terms and conditions are deemed to be accepted by the Client upon either the signature of these terms and conditions by the Client or upon the Consultants having Introduced a Temporary Worker to the Client, whichever occurs earlier.
These terms and conditions shall supercede and replace any other terms and conditions previously agreed between the Client and the Consultants. In the event that terms and conditions have previously been agreed by the Consultants with the Client, then these terms and conditions shall be deemed to have been accepted by the Client (in replacement of the previous terms and conditions) upon either the signature of these terms and conditions by the Client or upon any Temporary Worker being Introduced to the Client by the Consultants for a permanent or temporary position which ever occurs earlier. If a Temporary Worker has already been supplied to the Client then these terms and conditions shall be deemed to have been accepted by the Client (in replacement of the previous terms and conditions) upon either the signature of these terms and conditions by the Client or upon after the Client receiving a copy of these terms and conditions and upon the Client continuing to provide work to that Temporary Worker and the Client electing not to immediately terminate the engagement of that Temporary Worker.
No variation can be made to these terms and conditions without the written consent of a person signing themselves as Director of the Consultants.
English law shall apply to these terms and conditions and all disputes arising thereof are subject to the exclusive jurisdiction of the courts of England and Wales.
T1. The Consultants will supply a Temporary Worker to the Client as principal. The capacity of the Consultants for any assignment will be agreed with the Client at the outset and stated on the invoice.
T2. The Client agrees to pay the hourly charge of the Consultants for all hours worked by the Temporary Worker. The charges largely represent the payments paid to the Temporary Worker by the Consultants. VAT is charged in addition to those charges.
T3. The Consultants are responsible for deductions and payment of all statutory contributions in respect of national insurance and the administration of income tax (PAYE) applicable to the Temporary Worker as required by law unless the Temporary Worker is being supplied as a limited company in which case a gross payment will be made to the Temporary Worker by the Consultants.
T4. The Consultants may supply a Temporary Worker on a contract for services under a VAT mitigation Scheme, provided the Client meets the requirements of that VAT mitigation Scheme.
In providing the VAT mitigation Scheme, the Consultants will act as an employment bureau in accordance with Business Brief 10/04 issued by HM Customs & Excise on 19 March 2004. The Temporary Worker will therefore be engaged upon a contract for services and supplied by the Consultants as principal, but for VAT purposes such supply will be deemed to be on an agency basis and consequently VAT will only be payable on the margin element of the Consultant’s Fee.
T5. The charges of the Consultants (and the Temporary Worker’s payments where appropriate) described above will be those in force at the time of the assignment and may be varied from time to time with immediate effect. Details are available on application and are calculated on an hourly basis at rates varying according to the skill requirements of the task and the number of hours required in any one week. A surcharge will normally be applied when bookings are received for a period of less than eight hours. The Client agrees to sign a timesheet confirming the hours worked by the Temporary Worker. By signing this timesheet the Client agrees that the hours indicated on the timesheet have been satisfactorily worked. Travelling, hotel or other expenses as may be agreed shall be itemised on the Consultants’ invoice in addition to the charges described above.
T6. Charges for Temporary Workers are invoiced weekly and payable within 14 days of the date of the invoice.
a) The Engagement by the Client of a Temporary Worker Introduced or supplied by the Consultants or a reintroduction of a Temporary Worker to the Client through another agency, or the introduction of a Temporary Worker to other employers resulting in an Engagement, renders the Client liable to pay a fee to the Consultants based on the Remuneration to be paid to the Temporary Worker following such engagement, irrespective of the length of the period of engagement provided that any such Engagement takes place during the period the Temporary Worker works for the Client through the Consultants or within the period of eight weeks commencing on the day after the day on which the Temporary Worker last worked for the Client (through the Consultants) or within the period of fourteen weeks commencing on the first day on which the Temporary Worker worked for the Client which ever period ends later.
b) The fee payable in accordance with T6 (a) above shall be payable in accordance with the Remuneration paid to the Temporary Worker upon such engagement and in accordance with the following Scale of Fees:
Remuneration per annum
Up to £29,999 20%
from £30,000 to £39,999 25%
from £40,000 to £70,000 30%
From £70,000 + 35%
145-157 St John Street, London, EC1V 4PY Tel: 0845 474 8659
www.harringtoncarter.co.uk Email: eamonn.haig@harringtoncarter.co.uk Client – HC409May 11
c) In all other cases where a fee is payable under T6 (a) or where there is any doubt as to the Temporary Worker’s Remuneration, the annual salary shall be calculated by taking the highest hourly charge payable by the Client to the Consultants within six months prior to the Engagement of the Temporary Worker. The hourly charge will then be multiplied by 37.5 to give an amount, and then multiplied by 46 to give the Remuneration per annum required by T6 (b).
d) The fee payable to the Consultants by the Client under clause T6 (a) above shall apply irrespective of whether the Engagement or introduction occurred through the Client approaching the Temporary Worker or whether the Engagement occurred through the Temporary Worker applying for the position through his/her own volition (and whether or not in response to an internal or external advertisement of the position).
e) The Client may elect by giving written notice to the Consultants not to pay the fee to the Consultants as specified in T6(a) above, provided the Client agrees in such notice to extend the period of engagement of the Temporary Worker (effective from the date of the receipt of the notice) for a further period of twenty weeks upon the same terms as applicable with the Client immediately prior to the service of the notice.
T7. The Consultants endeavour to ensure its Temporary Workers are of a high standard of skill, reliability and integrity and to introduce or supply Temporary Workers in accordance with assignment details supplied by the Client. However, no liability, whether arising from negligence or otherwise, will be accepted for any loss, delay, expense or damage caused by:
a) Failure to provide any particular Temporary Worker during all or part of an assignment;
b) The negligence, dishonesty, misconduct or lack of skill or other act or omission of the Temporary Worker.
T8. The Client acknowledges that the Temporary Worker will spend the majority of his/her time at the Client's premises and accordingly, the following terms shall apply:
a) The Client will supervise the Temporary Worker to ensure a reasonable standard of workmanship.
b) The Client will agree the scope of work which the Temporary Worker will carry out at the Client premises.
c) The Client shall be responsible for all acts, errors and omissions of the Temporary Worker while the Temporary Worker is on assignment with the Client.
d) The Client will comply with all statutes, by-laws and legal requirements to which the Client is subject in respect of its own staff, in particular, providing employer and public liability insurance to cover the Temporary Worker during all assignments and in particular shall provide the Temporary Worker with a safe working environment and any other benefits or entitlements in accordance with the Client’s obligations under Health and Safety laws as if the Temporary Worker was its own employee. The Client’s obligation excludes matters specifically included in T3 or T4 above.
e) The Clients shall in any event inform the Consultants of any health and safety risk which may affect the Temporary Worker while at the Client's premises and what steps have been taken by the Client to prevent or minimise the risk. The Client shall also inform the Consultants of any other matter or issue which may be detrimental to the Temporary Worker while working at the Clients premises.
f) The Client shall indemnify the Consultants against any claim or liability however incurred by the Consultants arising out of the Client’s breach of its obligations under clause T8 or of the Introduction or supply of the Temporary Worker to the Client and in particular any obligation upon the Client to provide a safe working environment or system of work.
T9. If the services of a Temporary Worker prove to be unsatisfactory, the charge for the time worked by that Temporary Worker will be reduced or cancelled provided that the Temporary Worker leaves that assignment immediately and that notification, which must be confirmed in writing within five days, is received by the Consultants either:
a) within seven hours of the Temporary Worker commencing duties; or
b) within two hours for assignments of seven hours or less.
No other refunds shall be due to the Client except as set out in this Clause T9.
T10. The Client shall advise the Consultants of any authorisation or other requirement whether at law or required by any professional body in respect of the Temporary Worker working in the position or environment specified by the Client and shall indemnify the Consultants in respect of any financial or other liability arising from any failure of the Client to notify the Consultants of such requirement. Temporary Worker drivers are Introduced or supplied by the Consultants on the sole understanding that the Client holds an operator’s licence under the Transport Act 1968 where required.
T11. For the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, please note that the Consultants in the provision of these services will be operating as an employment business.
Permanent
These terms and conditions have effect between Harrington Carter Partners Ltd, or any other firm or company trading under the style of “HarringtonCarter” (HC) and the Client (as defined below)
“Associated Employer” means any firm or business associated with the Client.
“The Client” means any person, firm or company to whom or to which HCP introduces a Candidate with a view to engagement and by whom or which engagement of such candidate is made.
“Earnings” means the aggregate of the gross amount of all projected taxable emoluments including but not limited to basic salary or drawings plus bonuses, pension, commissions, relocation payments and overseas premiums.
“Engagement” means the employment or engagement under any agreement or arrangement for the provision of services of any Candidate introduced to the Client by HCP by the Client or by any Associated Employer of the Client.
"Acceptable Shortlist” means presentation to the Client of one of more suitable Candidates on the basis of information provided by HCP, either verbally or in writing, sufficient to identify the candidate.
Where the content admits or requires the singular shall include the plural and the masculine shall include the feminine or vice versa.
1. The Client agrees with HCP:
a) To notify HCP in writing forthwith upon the engagement by the Client or any Associated Employer of a Candidate introduced by HCP.
b) To pay to HCP within seven (7) days of receipt of written acceptance of a Candidate introduced by HCP the fee payable in accordance with HCP rates specified below. Retainer payments and interim payments are payable within seven (7) days of the date of invoice. Failure to pay any of these stage payments within seven (7) days of the date of invoice will result in fees reverting to our standard fees and a supplementary invoice being raised.
c) An introduction of a Candidate to Client shall be deemed to have been effected where HCP sends or provides information relating to the Candidate whether orally or in writing, sufficient to identify him. Any such introduction leading to the subsequent engagement of a Candidate by the Client or any Associated Employer in whatever capacity up to and including two years after the date of the last contact between the candidate and the client will result in a full fee being payable to HCP.
d) Introductions to the Client are confidential. If the Client or any representative or employee of the Client refers any Candidate introduced by HCP to a third party, whether associated or otherwise, which results in the employment of the Candidate in whatever capacity, the fee will be payable by the Client as if the Client itself had engaged the Candidate.
e) If, within two years of appointment, the Candidate introduces any third party to the Client directly or indirectly with a view to engagement by the Client the subsequent engagement of the third party shall be taken to have been solely by reason of the original Candidate introduction and a full search fee shall become payable by the Client.
f) Whether the Candidate was previously known to the Client or not a Candidate shall have been taken to have been introduced to the Client exclusively by HCP and the engagement of the Candidate shall be taken to have been solely by reason of that introduction.
g) If a Candidate is hired through any other source throughout the period of the search a full fee shall be payable to HCP in accordance with clause 2. Any direct or indirect applications made to the Client relevant to the search for Candidates not included in the long list should be forwarded to HCP for benchmarking purposes.
h) Once the “Assignment Brief” has been approved any changes will constitute a new search unless allowed at the discretion of HCP.
i) The client agrees not to instruct any other source during the period of the recruitment campaign. Any previous adverts (either in print, on the internet or on your own website) must be removed.
2.The permanent fees for Harrington Carter Partners is calculated as a percentage of the annualised package of salary and benefits, payable as follows:
Remuneration per annum
Up to £29,999 20%
from £30,000 to £39,999 25%
from £40,000 to £70,000 30%
From £70,000 + 35%
3. Unless otherwise agreed in writing with HCP the Client shall be responsible for:
a) Obtaining references (including the confirmation of any professional or academic qualification), work permits or security clearances for the Candidate, and
b) For any medical, health or other tests required by the Client, and
c) Verifying the accuracy and bona fides of any portable business including any client following or contacts of the Candidate.
4. HCP shall not be liable to the Client for any loss, liability, damage, costs, claims or expense suffered or incurred by the Client arising from or connected with the recruitment or engagement of any Candidate, however arising.
5. HCP shall endeavour to ensure the suitability of any Candidate introduced to the Client and to maintain a high standard of service and integrity, but HCP makes no warranty, representation expressed or implied, as to the suitability of any Candidate introduced to the Client or the bona fides of any following or contacts which the Candidate is held out as having. The Client must rely on its own enquiry. The Client is advised to make its own enquiries if considered appropriate to do so.
6. Where an offer of employment has been made in writing to a Candidate, and is subsequently withdrawn after acceptance through no fault of the Candidate the Client shall, within seven (7) days of such withdrawal, write to HCP a letter giving reasonable particulars of the reason for the withdrawal and shall be liable to pay an administration charge equal to the shortlist fee in 7 b) below.
7. The Client shall pay all fees detailed hereunder within seven (7) days of the invoice date. The search will commence on receipt of the retainer payment. Unless otherwise agreed in writing between the parties, the fee is payable in the following tranches:
a) Retainer: one third of fee payable upon instruction.
b) Shortlist Fee: one third of fee payable upon presentation of a suitable shortlist of one or more Candidates.
c) Success Fee: the balance is payable upon receipt of written acceptance of the successful Candidate.
Interest will be payable on overdue sums at the rate permitted by The Late Payment of Commercial Debt (Interest) Act 1998. Additionally, Clients will be responsible for all legal costs and disbursements incurred by CF in connection with the recovery of any overdue monies. All fees are exclusive of VAT.
8. Where the Client cancels an assignment at any stage after instruction, a fixed cancellation fee of £20,000 shall become due and payable within seven (7) days. Any progress payments together with any other agreed costs will become payable immediately.
9. The minimum fee payable to HCP to undertake a recruitment campaign is £30,000, all stage payments (retainer; shortlist; success fee) will therefore be a minimum of £10,000.
10. Any documentation provided to the Client is provided in strict confidence only for its information and on the basis that the contents are not to be disclosed in any way to any other person without the written consent of HCP and in particular that the Client shall not approach the Candidate’s current employer until the Client has made an acceptable written offer of engagement to the Candidate and until such time as the Candidate gives their express permission for the Client to do so.
11. Expenses will be charged in connection with this assignment including overseas travel and related charges. All expenses billed will have invoice terms by return.
12. HCP trade only under these terms of business, which can be varied only in writing by a Director of Harrington Carter Partners Ltd. No other agent and no employee of HCP has any authority to alter, vary or qualify these terms in any way. No other terms or conditions whether express or implied form any part of the agreement between the parties. These terms supersede all previous terms and conditions.
13. These terms and conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.
