Terms and Conditions for permanent staff

1 All and any business undertaken by Recruitment Solutions (RSNW), a trading name of RSNW LTD is transacted subject to the terms and conditions hereinafter set out, each of which shall be incorporated or implied in any agreement between RSNW LTD and the Client. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless otherwise expressly agreed by RSNW LTD in writing RSNW LTD is acting in the capacity of an employment agency. Any amendments to these terms and conditions must be in writing and signed by an authorised representative of RSNW LTD.

2 When specifying the requirements for a particular role the Client shall provide RSNW LTD with full details of:-
(i) the intended duties of the Applicant,
(ii) any special skills, authorisations, qualifications and training which the Applicant is required to have. Further the Client should also inform RSNW LTD if the Applicant is required by law or professional body to have a particular qualification to carry out the role,
(iii) the date on which the Client requires the Applicant to commence work;
(iv) the location at which the work will be performed and the hours of work;
(v) the minimum rate of remuneration and any other benefits which would be offered to the successful Applicant;
(vi) the intervals at which the successful Applicant would be paid;
(vii) the length of notice either party would be required to give to terminate the employment;
(viii) any special hazards which the Applicant will face;
(ix) any health and safety information which the Client wishes RSNW LTD to pass on to the Applicant.
Together known as “the Role Details”
When assessing the suitability of an Applicant, RSNW LTD shall place reliance on the Role Details provided by the Client and the Client accepts that RSNW LTD will make no further assessment of the Client’s requirements including but not limited to the matters referred to in clause (2) (ii) above. RSNW LTD agrees to obtain the Applicant’s confirmation that the Applicant has the experience, training, qualifications and/or authorisations specified in the Role Details. RSNW LTD shall not undertake any further checks unless requested to do so by the Client.

3 The arrangement of an interview of an Applicant introduced by RSNW LTD whether effected by RSNW LTD directly or by the Client shall be deemed to be acceptance of and agreement to these terms and conditions by the Client, except that where RSNW LTD is retained by the Client for a specific assignment (“Retained Assignment”) these terms and conditions shall apply upon the acceptance by RSNW LTD of the Retained Assignment. The Introduction Fee (as defined below) will be charged whether or not the Client knew of the Applicant previously.

4 Fees: On a file search, a fee shall become payable by the Client on the day the Applicant enters into a binding contract of employment (which terms includes employment or use whether under contract of service or for services) with the Client (“the Introduction Fee”). If, after acceptance of an offer of engagement but prior to the Applicant commencing the engagement, the Client decides for any reason, which is outside the control of RSNW LTD, not to proceed with the engagement, it shall still be liable to pay RSNW LTD the applicable Introduction Fee as detailed below. The Client agrees to notify RSNW LTD forthwith upon the engagement by the Client of an Applicant introduced by RSNW LTD and, if so requested by RSNW LTD, will provide copies of all terms of such agreement.
On a Retained Assignment, fees will be payable as follows:-
(i) a Retainer Fee is payable immediately upon commencement of the assignment and is non-refundable.
(ii) a Short-list Fee is non-refundable and payable upon presentation to the Client of a minimum of 3 candidates who in the reasonable opinion of RSNW LTD meet the agreed specification.
(iii) A Completion Fee which incorporates the Total Fee based on the actual gross remuneration of the Applicant as set out below, minus the Retainer Fee and Short-list Fee (if levied) and is payable on the day the Applicant enters into a binding contract of employment (which term includes employment or use whether under a contract of service or for services) with the Client. If, after acceptance of an offer of engagement, but prior to the Applicant commencing the engagement, the Client decides for any reason, which is outside the control of RSNW LTD, not to proceed with the engagement, it shall still be liable to pay RSNW LTD the completion fee. The Client agrees to notify RSNW LTD forthwith upon the engagement by the Client of an Applicant introduced by RSNW LTD and, if so requested by RSNW LTD, will provide copies of all terms of such engagement.
For this purpose, the percentage of the Applicant’s first year’s gross remuneration will be as follows:

All fees are expressed and calculated as a percentage of Applicant’s first year’s anticipated (including guaranteed and not guaranteed elements) gross remuneration which shall include but not be limited to salary, benefits, commission, bonuses, overseas premiums, living/accommodation allowance, etc.
The provision of a car is valued at £5,000 additional remuneration.
Notwithstanding the above the minimum fee in respect of each placement will be £2,500.
Where applicable, Value Added Tax will charged in addition at the appropriate rate.
Fees will be payable as a result of the engagement of an Applicant notwithstanding the fact that the engagement may not comply with the Client’s original requirement.
In the event that more than one Application is engaged by the Client, then the Client shall pay an Introduction Fee, as detailed above, in respect of each Applicant.

5 Payment Terms: All monies due hereunder shall be paid by the Client within fourteen days of the invoice date. In the event of late payment we reserve the right to charge interest on all overdue invoices at a rate of 2% per month. In the event of an engaged Applicant leaving within 10 weeks, a free replacement or pro-rata rebate can only be provided if invoices have been paid these terms (see Condition 13).

6 In the event that any Applicant is rejected by the Client or the Applicant reject an offer of engagement by the Client, the Client shall pay the Introduction Fee to RSNW LTD in accordance with Condition 4 above if the Applicant is subsequently engaged by the Client within twelve months of the date on which the Client was last introduced to the Applicant by RSNW LTD (*the Last Introduction Date).

7 The Introduction of an Applicant or the provision of an Applicant’s details is done on a strictly confidential basis and is conditional upon the Client agreeing not to disclose any information about an applicant to any other person, firm or corporation without RSNW LTD’s prior written consent. In particular, the Client shall not approach the Applicants referees or current employer unless and until the Applicant has formally accepted the Client’s offer of engagement.

8 If the Client Introduces or re-introduces an Applicant to another person, firm or corporation resulting in the engagement of the Applicant by that person, firm or corporation within twelve months of the Last Introduction Date, the Client shall pay the Introduction Fee in accordance with Condition 4 above.

9 If a Retained Assignment is cancelled or deemed by RSNW LTD to be inactive beyond a period of 8 weeks, then in addition to the Retainer Fee and Short-list Fee (if submitted), the Client shall pay a cancellation fee of 10% of the stated remuneration, plus all the agreed advertising costs and travel expenses

10 If RSNW LTD provides an advertising service to the Client, all prior-agreed advertising costs, travel and interview expenses will be charged to the Client as incurred, and the Client will pay the agreed artwork costs incurred by RSNW LTD. An advertisement may only be cancelled on sufficient notice to enable RSNW LTD to withdraw the advertisement. Advertising accounts shall be paid by the Client within fourteen days of the invoice date.

11 RSNW LTD shall on behalf of the Client reimburse an Applicant his/her travelling and out-of-pocket expenses in connection with attending an interview with the Client and such costs shall be paid by the Client within fourteen days of the invoice date.

12 Fees as set out in condition 4 will also be payable if within 12 months of the Last Introduction Date:
(a) the Client or anybody associated with it engages, in any capacity, whether under a contract of services, any person who at the time of such engagement, or who, within 13 weeks immediately prior thereto, was employed by RSNW LTD or anybody associated with it (“RSNW LTD Employee”): or
(b) any other party engages, in any capacity, whether under a contract of service or a contract for services any RSNW LTD Employee where such engagement has resulted directly or indirectly from the Client passing information about the RSNW LTD Employee to another party.13 In the event that an engagement terminates (whether by expiry of notice or otherwise) within 10 weeks of the date of commencement of work by the Applicant and provided that:
(i) the Client notifies RSNW LTD in writing of the termination of engagement within seven days of such termination; and
(ii) the Client or its subsidiary or associated company shall not engage the Applicant within twelve months from the date of such termination; and
(iii) the termination is not due to redundancy, corporate restructure, change of management or job description, pregnancy, illness or injury; and
(iv) all monies due from the Client have been paid in accordance with these terms and conditions;
RSNW LTD shall endeavour to find a replacement at no extra cost to the Client except for agreed additional advertising costs and travel expenses. If RSNW LT does not find a replacement it shall refund the fee paid under Condition 4 above, in the same proportions as the unworked period bears to 10 weeks (calculating being done to the nearest week)

14 The Client shall be responsible for arranging all medical examinations and investigations of the Applicant (including the confirmation of any professional or academic qualifications) and for obtaining any work and other permits and shall satisfy itself as to the suitability of any Applicant prior to any engagement.

15 RSNW LTD shall endeavour to ensure the suitability of an Applicant and to maintain a high standard of service and integrity, but make no warranty, express or implied, as to such suitability.

16 RSNW LTD shall not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with an engagement and, in particular, but without limitation to the foregoing, any such loss, injury damage, expense or delay arising from or in any way connected with;
(a) failure of the Applicant to meet the requirements of the Client for all or any of the purposes for which he/she is required by the Client (subject to condition 13);
(b) any act or omission of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
(c) any loss, injury, damage, expense or delay incurred or suffered by an Applicant;
PROVIDED THAT nothing in the Condition 16 shall be construed as purporting to exclude or restrict liability or RSNW LTD to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability, any exclusion or limitation of which is prohibited by law.

17 In consideration of RSNW LTD entering into an agreement with the Client in which these conditions are incorporated, the Client hereby undertakes to indemnify RSNW LTD in respect of any and all liability or RSNW LTD for;
(a) any loss, damage, expense or delay suffered or incurred by an Applicant, howsoever caused;
(b) any breach by the Client of any of its obligations under these terms and conditions; and
(c) any loss, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; PROVIDE THAT this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an engagement.
The Client shall immediately inform RSNW LTD should there be any reason or circumstance under which it would be detrimental to the interests of RSNW LTD, the Client or the Applicant for the Applicant to take up a position with the Client.

18 Any circumstances allegedly giving cause for complaint about an Applicant or an invoice must be notified to RSNW LTD and confirmed in writing as soon as the cause of the alleged complaint arises.

19 RSNW LTD shall not be held liable for any failure or delay in performing its obligations under these terms and conditions where such failure or delay is caused by events beyond its reasonable control.

20 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.

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Terms and Conditions for the Provision of Temporary Workers

Effective from 21.6.2004

1 All and any business undertaken by Recruitment Solutions (RSNW) and/or, it's UK trading subsidiaries, RSNW LTD is transacted subject to the terms and conditions hereinafter set out, each of which shall be incorporated or implied in any agreement for the provision of temporary workers between RSNW LTD and the Client. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless otherwise expressly agreed by an authorised representative of RSNW LTD in writing. For the purpose of these terms and conditions, RSNW LTD operates in the capacity of an employment business, introducing Workers who may be engaged under a contract for or contract of services

2   These terms and conditions are accepted by the client by virtue of the provision of a CV or any other candidate information, an interview or an engagement (which term includes employment or use whether under a contract of service or for services) of a temporary worked introduced by RSNW LTD, whichever is the earlier

3   Any amendment to these terms and conditions must be in writing and signed by an authorised representative of RSNW LTD

4  When making a request for the provision of a temporary worker (“Worker”) to perform certain services (“the Assignment”) the Client shall give RSNW LTD full details of: (a) the intended duties of the Worker (b) any special skill, experience, authorisations, qualifications and/or training which it, the law or any professional body requires the Worker to possess to perform the Assignment (c) the date on which the Worker is required to commence the Assignment and the duration or likely duration of the Assignment (d) The location at which the Worker is to perform the Assignment and the hours during which the Worker would be required to work; and (e) Any actual or potential risks to health and safety which the Worker may face in performing the Assignment and the steps taken by the Client to prevent or control such risks Together known as “the Assignment Details”. When assessing the suitability of a prospective Worker, RSNW LTD shall place reliance on the Assignment Details provided by the Client and the Client accepts that RSNW will make no further assessment of the Client's requirements including, but not limited to the matters referred to in 4b above. RSNW LTD agrees to obtain the Worker's confirmation that the Worker has the experience, training, qualifications and/or authorisations specified in the Assignment Details. RSNW shall not undertake any further checks unless requested to do so by the Client

4.1 If during the Assignment the Client proposes a change to any of the Assignment Details, it will inform RSNW LTD without delay and in any event before making the change

4.2 The Client must not instruct the Worker to perform any night work unless and until the Worker has been given a health assessment which has not shown any reason why the Worker may not do night work. If the Client is in any doubt as to the position, it should check with RSNW LTD.

4.3 The Client shall not instruct the Worker to undertake any work other than that which is specified in the assignment Details. In particular, the Client shall not instruct or allow the Worker to undertake work requiring special skills, experience, or authorisation unless such requirements were specified in the Assignment Details

4.4 When booking a Worker for an Assignment, RSNW LTD shall advise the Client of the hourly rate. The Client agrees to pay the hourly rate for all the hours worked by the Worker together with any additional amounts set out in this clause 4.4 (“the Charge”). The hours actually worked will be stated on a weekly time sheet completed by the Worker and duly authorised by the Client (which authorisation shall be regarded as acceptance of the Charge). If the Client does not authorise the time sheet within 5 working days of completion the Worker, the Client will be deemed to have authorised and accepted the Charge unless the Client shall have otherwise notified RSNW LTD within such time period

4.5 If the Client instructs RSNW LTD to pay the Worker a bonus, the amount of the bonus plus any additional National Insurance shall be included in the Charge. Travelling, hotel or other expenses (as may be agreed from time to time) shall be itemised on RSNW LTD's invoice and included in the Charge. RSNW LTD reserves the right to vary the Charge on any extension or subsequent Assignment. RSNW LTD shall be entitled to vary the Charge on an existing Assignment subject to seven days prior notification of such variation being given to the Client. All charges are invoiced weekly and payable within seven days. In the event of non-payment, RSNW LTD may, without prejudice to its other rights, elect to terminate this Contract and withdraw the Worker upon three hours notice to the Client.

5 RSNW LTD will be responsible for payment of the Worker's earnings and Deductions and payment of all National Insurance Contributions and PAYE deductions. Where applicable, VAT or any equivalent, will be charged to the Client at the ruling rate

6.1 If, following the supply of a particular Worker by RSNW LTD to the Client (a) the Client employs or engages the Worker either directly or via an employment business other than RSNW LTD; or (b) the Client uses or claims to use the services of the Worker, in any capacity, otherwise than through RSNW LTD whether facilitated directly or indirectly by Client or Worker including, but not limited to, outsourcing or corporate restructuring; or (c) the Client engages the Worker, in a capacity , as a direct or indirect result of the Worker responding to internal or external advertisements published by the Client and or any of its representatives or agents then the Client agrees to pay RSNW LTD an amount equivalent to the Introduction Fee (as defined overleaf).

6.2 No refund is available for such supply whether or not engagement continues. The Introduction Fee will be charged whether or not the Client knew of the Worker previously.

6.3 The Introduction Fee will not be payable if: (a) subject to Clause 6.4 below, the Client elects, on written notice to RSNW LTD, to continue the hire of the Worker for a further period of 12 months (“the Extended Assignment”); or (b) any of the events referred to in Clause 6.1 (a) to (c) above occur after the end of the Relevant Period.

6.4 RSNW LTD shall remain entitled to the Introduction Fee if, other than through its default, RSNW LTD does not supply the Worker to the Client for the duration of the Extended Assignment

7.1In the event that: (a) any Worker is rejected by the Client (following receipt of a CV or after interview); or (b) the Worker rejects an offer of engagement, and the Worker is engaged by the Client in any capacity within 12 months of the last introduction of the Worker by RSNW LTD then the Client shall pay the Introduction Fee. No refund is available for such placement whether or not the engagement continues.

7.2 The Introduction Fee will not be payable if: (a) the Client elects, on written notice to RSNW LTD, to hire the Worker for an Extended Assignment; and (b) RSNW LTD supplies the Worker to the Client for the duration of the extended Assignment

8 If, following the supply of a particular Worker by RSNW LTD to the Client, the worker is engaged or employed by a third party (which shall include any of the Client's associated companies) following an introduction by the Client, the Client shall pay RSNW LTD the Introduction Fee provided that any such employment or engagement shall have commenced within the Relevant Period

9 The Client shall not have the option of an Extended Hire Period and the Relevant Period shall not apply where RSNW LTD holds a Valid Opt Out in respect of the Worker.

10 For the purposes of Clauses 6, 7, 8 and 9 the following words and phrases shall have the following meaning:

The “Introduction Fee” means the standard introduction fee payable for a transaction as if governed by the RSNW LTD Terms and Conditions for Permanent Staff “Relevant Period” means the later of:- (a) the period of 8 weeks after the last working day of the Assignment; or (b) the period of 14 weeks since the first working day of the Assignment

When determining the first working day of an Assignment for the purposes of (b) above, RSNW LTD shall disregard any previous supply of the Worker to the Client which occurred more than 42 days before the current assignment.

“Valid Opt Out” means written notification from a limited company contractor and the individual Worker in accordance with regulation 32 (9) of the Conduct of Employment Agencies and Employment Business Regulations 2003.

11 The provision of a CV is strictly confidential. The Client agrees not to disclose any information therein to any other person, firm or corporation without RSNW LTD's written consent and in particular not to approach the Worker direct or his/her former/current employer without RSNW LTD's written consent.

12 Whilst every effort is made by RSNW LTD to give satisfaction to the Client by providing good Worker of integrity and of a reasonable standard of skill and reliability (in accordance with the Client's requirements), no liability will be accepted by RSNW LTD for any loss, expense, damage or delay arising from any failure to provide a particular Worker for all or part of the Assignment or from negligence, dishonesty, misconduct or lack of skills of the Worker provided whether wilful or otherwise.

13 If the Client has any complaint about the Worker such complaint must be made by telephone and confirmed in writing within one day of the event forming the basis of the complaint. In any event the Client waives any rights to withhold payment until after notification.

14.1 A Worker provided by RSNW LTD is deemed to be the responsibility of the Client from the time at which the Worker reports to begin the Assignment and for the duration of the Assignment, and the Client agrees to be responsible to third parties for all acts, errors and omissions be they wilful, negligent or otherwise as though the Worker were the direct employee of the Client will in all respects comply with the statutory bye-laws and legal requirements to which the Client is ordinarily subject in respect of all the Client's own staff but excluding matters specifically mentioned in Clause 5 above.

14.2TheClient acknowledges that it is responsible for providing the Worker with a safe working environment during the Assignment. To comply with Health and safety legislation, the Client will carry out such risk assessments and provide such comprehensible information to a Worker as may be required to ensure that a Worker is made aware of particular risks arising out of his engagement.

14.3 the Client shall immediately inform RSNW LTD should there be any reason or circumstance under which it would be detrimental to the interests of RSNW LTD, the Client or a Worker for an Assignment to continue

15.1The Client hereby undertakes to insure against all risks to third parties arising out of any acts or defaults of the Worker during the assignment and to indemnify RSNW LTD against all claims, costs and damages arising out of the assignment. The Client further undertakes to insure the Worker for all risks in respect of claims by third parties. The obligations of the Client to take out and maintain insurance shall extend (but not be limited) to the employer's liability and public liability insurance and, where relevant, to fully comprehensive motor insurance. Any failure by the Client to meet its insurance obligations shall not reduce or eliminate its obligations to indemnify RSNW LTD.

15.2 The Client shall indemnify RSNW LTD and keep it indemnified against the costs and financial consequences of and occasioned by any and all claims against RSNW LTD arising from any loss, injury, damage, expense or delay suffered by the Client, the Worker or any third party as a result of any breach by the Client of any of its obligations under these Conditions or as a results of any act of omission of the Worker.

15.3 The Client agrees that arrangements in relation to each Worker and each assignment represents individual contracts and that the Client shall have no right to set off or counter claim between individual arrangements.

16 All monies due hereunder shall be paid by the Client within seven days of The date of the invoice. No refunds or rebates are payable. In the event of late payment we reserve the right to charge interest on all overdue invoices at a rate of 2% per month. 17 These terms and conditions shall be governed and construed in accordance with English law and the parties shall submit to the exclusive jurisdiction of the English courts.

Updated 05-Jan-2006

Terms and conditions for permanent staff

Terms and conditions for the provision of temporary workers