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 Terms and Conditions Please read these carefully as they are legally binding. - InterpretationIn these terms and conditions the following expressions shall have the meanings shown: “Agency”Reliance Services Agency;“Agreement”the fees set out on page 1 and the terms;“Applicant”any one or more individuals or couples introduced by the agency for a temporary or permanent position, whether full or part time;“Client” the person, firm, company, or other body requesting the use of the Agency‘s services and to whom these Terms and Conditions have been delivered;“Fees”the fees to be paid by the Client to the Agency, as set out in clause 3.1, in the amounts set out in page 1 of this agreement,“Terms”the terms and conditions set out in this document.
- GeneralThese Terms shall govern and be incorporated in every contract or other course of dealings made or undertaken by the Agency with the Client and shall prevail over all other terms and conditions. The interview, engagement or use of an Applicant directly or indirectly by the Client at any time shall constitute unqualified acceptance of these Terms. No variation to these Terms shall be binding unless agreed in writing.
- Fees
- 3.1. The Fee shall become due and payable on the happening of any one or more of the following events:
- 3.2. When calculating the amount of the Fee payable, gross salary shall be deemed to include all taxable remuneration including any weighting allowance, guaranteed overtime or commission, bonus or other amounts payable to or receivable by the Applicant. For the avoidance of doubt, the Agency‘s entitlement to the Fee shall not be affected if the Agency provides details of an Applicant to a Client and the Client subsequently receives details of the same Applicant from any third party, including another agency or the Applicant within 12 months of the date such details were provided by the Agency.
- 3.3. The Client must notify the Agency immediately if any form of engagement, including any subsequent re-engagement, is offered to an Applicant.
- 3.4. The Client must pay the Fee (and any other sums due from the Client to the Agency) within 14 days of the date of invoice, provided that the Agency shall not invoice the Client until one or more of the events set out in clause 3.1 has occurred. Where Applications are engaged for a placement outside the UK, all Fees must be settled within the earlier of 14 days from the date of the invoice or 14 days before the Applicant‘s proposed date of departure from the UK.
- 3.5. Subject to clause 4, the Agency reserves the right to charge 50% of the Fee, by way of a cancellation fee and not as a penalty, in the event that an offer of employment made by the Client to the Applicant is terminated or withdrawn by the Client prior to the date of appointment through no fault of the Applicant or the Agency.
- Replacement Service and Refund Facility
- 4.1a. PROVIDED THAT THE CLIENT HAS PAID ALL FEES AND OTHER SUMS DUE TO THE AGENCY IN ACCORDANCE WITH CLAUSE 3.5, the Client shall be entitled to the Agency‘s free 10 week replacement service or refund facility as set out in clause 4.2 and 4.3 respectively.
- 4.1b. In the event of an Individual/s is provided by our agency and it then transpires the job specification as described to Reliance Services Agency has been misrepresented in any manner, our refund policy will become void. It will be a matter of discretion of the management of Reliance Services Agency as to any subsequent replacement or refund thereafter.
- 4.2. The Client must notify the Agency immediately if the Applicant‘s employment is terminated at any time within the first 10 weeks of the Applicant‘s appointment and the Agency will use its reasonable endeavours to introduce a suitable replacement Applicant to the Client.
- 4.2. In the event only that a replacement Applicant is not engaged by the Client, the Client shall be entitled to a refund of the Fee as set out in this clause 4.3. The Client shall be entitled to a 100% refund of the Fee if the Applicant‘s employment by the Client is terminated for any reason within the first 14 days of such employment. After the expiry of this 14 day period, the following refund structure shall apply for the subsequent 8 week period; if the Applicant‘s employment is terminated in the third week after the date of employment, then a 70% refund of the Fee will be given in the fourth week, a 60% refund; in the fifth week, a 50% refund etc. provided that no refund shall be due if the Applicant‘s employment is terminated for any reason at any time after 10 weeks from the date of employment. The refund policy does not apply to any overseas placement. A free replacement service will apply for the same ten-week period.
- TerminationThe Agency is entitled to terminate this Agreement for any reason with immediate effect by giving notice to the Client. The Client is entitled to terminate this Agreement by giving the Agency 30 days prior written notice provided that such termination shall not affect the Client‘s obligations to pay any Fees which are due or which become due as provided in clause 3. In the event of termination, all outstanding Fees and other amounts due to the Agency shall become immediately due and payable.
- ConfidentialityAll information supplied by the Agency to the Client, including details of Applicants, is confidential and the Client agrees to keep such information confidential at all times and not to pass such information to any third parties. In the event that this clause 6 is breached, without prejudice to any other rights or remedies the Agency may have the Fee set out in clause 3.1(c) shall become due and payable.
- Liability and Indemnity
- 7.1. The Agency will use reasonable skill and care to introduce suitable Applicants to the Client and will use its reasonable endeavours to verify information, including references, regarding the Applicant. However, the Agency does not guarantee the suitability of any Applicant introduced to the Client or the Accuracy of any information, including references, about the Applicant.
- 7.2. THE CLIENT HAS SOLE RESPONSIBILITY FOR ENGAGING THE APPLICANT AND SHOULD SATISFY HIM/HERSELF AS TO THE SUITABILITY OF THE APPLICANT FOR THE POSITION, INCLUDING TAKING UP ALL REFERENCES. The Client shall be responsible for all matters concerning the engagement of the Applicant, including any relevant tax and/or National Insurance payments, obtaining any necessary work permits, arranging any required medical examinations and satisfying other requirements of law.
- The Agency accepts no liability whatsoever for any loss, damage, misrepresentation, claims or expenses or whatever nature (including loss of profit or of business) arising directly or indirectly, from any act or omission of the Agency or of any Applicant introduced to the Client by the Agency. Without prejudice to the foregoing the Agency‘s aggregate liability to the Client, howsoever caused whether for breach of contract, negligence.
Please sign this and post it to the address below. Signature of Client ________________ Date: __________________ (or Agent Thereof) Print Name ______________________Phone: ___________________ Agency per _____________________ Date: ___________________ Reliance Services Agency Suite 104, 254 Belsize Road London NW6 4BT Tel/Fax: 0207 625 8889 Mobile: 07985 474 618 |
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