Terms & Conditions

Terms & Conditions for Temporary Introductions
The Client agrees to pay such hourly charges of The Employment Business as shall be notified to and agreed with the Client.

The hourly charges are calculated accordingly to the number of hours worked by the Temporary worker (to the nearest quarter hour) and comprise mainly the Temporary worker's hourly rate, the Employers National Insurance contribution and any travel, hotel or other expenses as may have been agreed with the Client or, if there is such agreement, such expenses as are reasonable.

VAT, if applicable, is payable on the entirety of these charges.

The Charges are invoiced to the Client on a weekly basis and are payable within 7 days of the date of invoice.

These terms and conditions are deemed to be accepted by the client by virtue of an introduction to, or engagement of, an Applicant.

No Variance of our Terms and Conditions will apply unless confirmed in writing by a Director of Cameron James Recruitment Limited.

1. DEFINITIONS

1.1 In these Terms and conditions the following apply:

'Assignment' means the period during which the Temporary Worker is supplied to render services to the client

'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.

'The Employment Business' means Cameron James Recruitment Limited, 117 Waterloo Road, London, SE1 8UL

'Engages/Engaged/Engagement' means the Engagement, employment or use of the Temporary Worker directly by the Client or any third party or through any other Employment Business on a Permanent or Temporary basis, whether under a contract of service or for services; under an Employment business licence, franchise or partnership agreement; or any other engagement, directly or through a Limited Company of which the Temporary Worker is an officer or employee.

'Temporary Worker' means the individual who is introduced by The Employment Business to render services to the Client.

'Transfer Fee' means the fee payable in accordance with clause 7.1 below and regulations 10 of the conduct of Employment Business Regulations 2003.

'Introduction Fee' Means the Fee payable in accordance with clause 7.2 below and regulations 10 of the Conduct of Employment Agencies and Employment Business Regulations 2003.

'Introduction' means (i) the clients interview of a Temporary Worker in person or by telephone, following the clients instruction to The Employment Business to supply a Temporary Worker, or (ii) the passing to the Client a curriculum Vitae or information which identifies the Temporary Worker, and which leads to an Engagement of that Temporary Worker

'Remuneration' includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non taxable) emoluments payable to or receivable by the Temporary Worker for services rendered to or on behalf of the Client. Where the client provides a company car, a notional amount of £5,000 will be added to the salary in order to calculate The Employment Business fee. Where a relocation allowance is applicable and no fix sum is payable towards the relocation a notional amount of £8,000 will be added to the salary in order to calculate The Employment Business Fee.

1.2 Unless the context otherwise requires, references to the singular include the plural

1.3 The headings contained in these Terms and Business are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1 These terms constitute the contract between The Employment Business and the Client and are deemed to be accepted by the Client by virtue of an introduction to, or the Engagement of the Temporary Worker 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 another Director of The Employment Business, these Terms of Business prevail over any other Terms of Business or purchase conditions put forward by the client.

2.3 No variations or alternations to these terms shall be valid unless the details of such variation are agreed between The Employment Business and the Client stating the Date on or after which such varied Terms will apply.

3 CHARGES

3.1 The Client agrees to pay such hourly charges of The Employment Business as shall be notified to and agreed with the Client. The Hourly charges are calculated according to the number of hours worked by the Temporary Worker (To the nearest quarter hour) and comprise mainly the Temporary Worker's hourly rate but also include The Employment Business commission calculated as a percentage of the Temporary Worker's hourly rate, employers National insurance contributions and any travel, hotel or other expense as may have been agreed with the Client or, if there is not such agreement, such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges.

3.2 The charges are invoiced to the Client on a weekly basis and are payable within 7 days of the date of invoice. The Employment Business reserves the right to charge interest on any overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 from the due date until the date of payment.

3.3 There are no rebates payable in respect of the charges of The Employment Business other than those set out in clause 7 below.

4. INFORMATION TO BE PROVIDED

4.1 When making an introduction of a Temporary Worker to the Client The Employment Business shall inform the Client of the identity of the Temporary Worker, that the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment, whether the Temporary Worker will be employed by The Employment Business under a contract of service or apprenticeship or a contract for services; and that the Temporary Worker is willing to work in the Assignment.

5. TIMESHEETS

5.1 At the end of each week of the assignment (or at the end of an Assignment where it is for a period of one week or less) The Client shall sign The Employment Business time sheet verifying the number of hours worked by the Temporary Worker during that week.

5.2 Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the Temporary Worker because the Client disputes the hours claimed the Client shall inform The Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with The Employment Business to enable The Employment Business to establish what hours, if any, were worked by the Temporary worker. Failure to sign the time sheet does not absolve the Clients obligation to pay the charges in respect of the hours worked.

5.3 The Client shall not be entitled to decline to sign the time sheet on the basis that they are dissatisfied with the work performed by the Temporary Worker. In cases of unsuitable work the Client should apply the previsions of clause 9.1 below.

6. PAYMENT OF THE TEMPORARY WORKER

6.1 The employment business assumes responsibility for paying the Temporary Worker and/or where appropriate the deduction and payment of National insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to section 44-47 of the income Tax (Earning and Pensions) Act 2003.

7. TRANSFER AND INTRODUCTION FEES

7.1 Where there has been a supply

7.1.1 In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business either (1) directly or (2) pursuant to being supplied by another employment business, within either the duration of the Assignment; or Fourteen (14) weeks from the start of the first Assignment (the first Assignment being each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment); or Eight (8) weeks from the day after the last day the Temporary Worker worked on the Assignment the Client shall be liable, to either an extended period of hire or a Transfer Fee the length or amount of which is to be agreed between the Employment Business and the Client.

7.1.2 The Client must give the Employment Business three (3) days' written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the Transfer Fee.

7.1.3 If the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due.

7.1.4 If the parties do not agree a period of extended hire or a Transfer Fee in accordance with 7.1.1 then a) The length of the extended period of hire shall be Fifty Two (52) weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3.1 for each hour the Temporary Worker is so employed or supplied]; or b) The amount of the Transfer fee shall be calculated as follows: Twenty (20) percent of the Remuneration applicable during the first twelve (12) months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges referred to in clause 3.1 multiplied by three hundred (300).

7.2 Where there has been an introduction but no supply

7.2.1 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but which leads to an Engagement by the Client of the Temporary Worker by the Client either (1) directly or (2) pursuant to being supplied by another employment business within six (6) months of the date of the Introduction the Client shall be liable, to either an extended period of hire or an Introduction Fee the length or amount of which is to be agreed between the Employment Business and the Client.

7.2.2 The Client must give the Employment Business three (3) days' written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the Introduction Fee.

7.2.3 If the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Introduction Fee shall be due.

7.2.4 If the parties do not agree a period of extended hire or an Introduction Fee in accordance with 7.2.1 then a) The length of the extended period of hire shall be thirteen (13) weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3.1 for each hour the Temporary Worker is so employed or supplied]; or b) The amount of the Transfer fee shall be such proportion of the amount calculated as follows Twenty (20) percent of the Remuneration applicable during the first thirteen (13) months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges referred to in clause 3.1 multiplied by three hundred (300).

7.3 Where there has been Introduction to and Engagement by a Third Party

7.3.1 In the event that the Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within either The duration of the Assignment; Fourteen (14) weeks from the start of the first Assignment (the first Assignment being each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment); or Eight (8) weeks from the day after the last day the Temporary Worker worked on the Assignment the Client shall be liable, to pay a Transfer Fee the length of which is to be agreed between the Employment Business and the Client.

7.3.2 If the parties do not agree a Transfer Fee in accordance with 7.3.1 then the Client will be liable to pay a Transfer Fee calculated as follows: twenty (20) percent of the Remuneration applicable during the first Twelve (12) months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges multiplied by three hundred (300).

7.3.3 No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates.

7.3.4 VAT is payable in addition to any fee due.

7.4 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but the Temporary Worker is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within six (6) months from the date of Introduction the Client shall be liable, to an Introduction Fee calculated as follows: twenty (20) percent of the Remuneration applicable during the first twelve (12) months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by three hundred (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.

8. LIABILITY

8.1 Whilst every effort is made by the Employment business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Clients booking details, The Employment Business is not Liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary worker.

8.2 Temporary workers supplied by The Employment Business are engaged under contracts for service. They are not the Employees of The Employment Business but are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though the temporary worker was on the payroll of the Client. The Client will also comply with all statues including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act, by laws, code of practice and legal requirements to which the Client is ordinarily subject in respect of the Clients own staff including, in particular, the provision of adequate Employers and Public Liability Insurance cover for the Temporary Worker during all assignments.

8.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fulfil the Assignment. The Client will assist The Employment Business in complying with it's duties under the Working Times Regulations. Where the Client requires or may require the services of a Temporary Worker for more the 48 hrs in any week/s, the Client must notify The Employment Business of this requirement before the commencement of that week.

8.4 The Client undertakes that it knows of no reason why it would be detrimental to the interest of the Temporary Worker for the Temporary Worker to fill the Assignment.

8.5 The Clients undertakes not to request the supply of a Temporary Worker to Perform the duties normally performed by a worker who is taking part in official industrial action or duties of the person on strike or taking official industrial action,

8.6 The Client shall indemnify and keep indemnified The Employment Business against the costs, Claims and Liabilities incurred by The Employment Business arising out of any non-compliance with causes 8.2, 8.3 and 8.5 and/or as a result of any breach of these Terms by the Client.

9. SPECIAL SITUATIONS

9.1 Where the Temporary Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen (18) years or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Employment Business will take all reasonably practicable steps to obtain and offer to provide to the Client:

Copies of any relevant qualifications or authorisations of the Temporary Worker, and

Two references from persons not related to the Temporary Worker who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Temporary Worker is suitable for the Assignment. If the Employment Business is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.

10. TERMINATION

10.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Clients satisfaction with the Temporary Worker's Standards of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing The Employment Business to remove the Temporary Worker.

10.2 The Employment Business may, in certain circumstances, reduce or cancel the charges for the time worked by the Temporary Worker, Provided that the Assignment terminates either within four hours of the Temporary worker commencing the Assignment where the booking is for more then seven hours or within two hours for bookings of seven hours or less;

10.3 And also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to The Employment Business within 48 hours of the termination of the Assignment.

10.4 Any of the Client, The Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.

10.5 The Client shall notify The Employment Business immediately and without delay and in any event within 24hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.

10.6 The Employment Business shall notify the client immediately if it received or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith by notice in writing without prior notice and without liability.

11. LAW

11.1 These terms are governed by the Law of England & Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.