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Copperbean Terms and Conditions Terms and conditions for the introduction of permanent staff .1 Definitions In these terms and conditions the following definitions apply:- "The Employment Agency" means Copperbean. The Employment Agency is acting as an employment agency within the scope of the Employment Agencies Act 1973. "The Client" means the person, firm or corporate body to whom the Applicant is introduced. "The Applicant" means the person introduced by the Employment Agency to the Client for an engagement. "Engagement" means the appointment of the Applicant at any time up to six months after the date of the last interview or initial introduction, whichever is the later, to perform services for or on behalf of the Client whether under a contract of service or for services. "Remuneration" means the total of all emoluments payable or receivable by the Applicant pursuant to the Engagement.2 The Contract a) These Terms and Conditions are accepted by the Client by virtue of an interview with, or the Engagement of the Applicant. b) No variation or alteration to these Terms and Conditions shall be valid or enforceable unless approved in writing by a Branch Manager or a Director of the Employment Agency.3 Notification & Fees In the event that the engagement is accepted by the Applicant the Client shall: a) notify the Employment Agency immediately and provide details of the Remuneration; and b) pay the Employment Agency's fee for the introduction of the Applicant within 14 days of the date of invoice. The fee payable by the Client is calculated, in accordance with the scale of fees already provided, on the Remuneration payable to or receivable by the Applicant during the first twelve months of the engagement notwithstanding that the engagement may be terminated during that period. All fees are subject to the addition of VAT. In the event that payment is not made in accordance with Clause 3b, the Employment Agency reserves the right to charge interest on late debt in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and any applicable secondary or subsidiary legislation. Any invoice queries must be raised within 6 months from date of invoice. The Client shall be liable to pay the Employment Agency's fee in respect of an Applicant introduced notwithstanding that the Client engages the Applicant in a different position to that originally envisaged.4 Indirect Introductions The Client shall be liable to pay the Employment Agency's fee in accordance with Clause 3b if it refers the Applicant to any third party within six months of the date of the last interview or initial introduction, whichever is the later, and that third party engages the Applicant or in any event where an engagement results directly or indirectly from the introduction of the Employment Agency. The Replacement and Refund Guarantees shall not apply to any indirect introductions.
6 Suitability The Employment Agency endeavours to ensure the suitability of the Applicant: Notwithstanding this the Client shall take such steps as it is deemed necessary to satisfy itself as to the suitability of the Applicant and is responsible for taking up any references provided by the Applicant and/or the Employment Agency before engaging the Applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of the Applicant, and satisfying any medical and other requirements or qualifications required by law.7 Liability The Employment Agency shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or Engagement of any Applicant or from the failure of the Employment Agency to introduce an Applicant. The Client shall indemnify the Employment Agency against any costs, including legal costs, claims, damages and expenses incurred by the Employment Agency arising from or in any way connected with the introduction of the Applicant to, or engagement of the Applicant by, the Client or the withdrawal, by the Client, of a vacancy.Scale of fees for the introduction of permanent staff
Replace and refund guarantee We offer our clients the choice of a replacement guarantee or refund guarantee if the engagement terminates prematurely.Replacement Guarantee If the Engagement terminates, for any reason related to the suitability of the Applicant or by the Applicant's resignation, within 12 weeks we will endeavour to select and present Replacement Applicants. Upon appointment of the Replacement Applicant the Client will receive a credit note for the original fee and a new invoice for the Replacement Applicant.To elect for the Replacement Guarantee, the Client must: • ensure that payment of the original invoice is received within the terms of payment; and • notify the Employment Agency within 7 days of the date of termination of the Engagement that it requires a Replacement Applicant. The Client should give the Employment Agency a reasonable time within which to put forward a suitable Replacement Applicant. This will receive the highest priority. Where the Client does not want a Replacement Applicant or the Employment Agency is unable to introduce a suitable Replacement Applicant the Client will be entitled to credit in accordance with the Refund Guarantee.Refund Guarantee If the Engagement terminates, for any reason related to the suitability of the Applicant or by the resignation of the Applicant, at any time within 20 weeks we will provide a refund in accordance with the scale below provided that: Payment of the original invoice is received within the terms of payment; and • That the Client notifies the Employment Agency within 7 days of the date of termination.
Note: The Replacement Guarantee is to be on a one off basis and only in accordance with the original instructions. The Refund Guarantee is not available should the Replacement Applicant's engagement terminate prematurely. If payment is not received within the terms of payment neither the Refund nor Replacement Guarantee shall apply. Short Term Placement Fee The fees for short term placements will be calculated as above and apportioned pro-rata. For contracts up to 6 months in duration the Replacement Guarantee is reduced to 6 weeks and the Refund Guarantee to 10 weeks. The minimum fee for a short-term placement will be that applicable to a 6 month placement. Should the contract be extended, a further invoice will be raised for the balance of the Introduction Fee. Terms and conditions for the supply of temporary worker.A Definitions In these Terms and Conditions the following definitions apply: "The Employment Business" means Copperbean or The Authorised Franchisee of Copperbean. The Employment Business is acting as an employment business within the scope of the Employment Agencies Act 1973. "The Client" means the person, firm or corporate body requiring the services of the Associate. "The Associate" means the person or limited company (including any officer, employee or agent thereof) engaged to carry out the Assignment. "The Assignment" means the period during which the Associate is engaged to render services to the Client. B The Contract 1 These Terms and Conditions are accepted by the Client by virtue of its interview with the Employment Business or the Associate or the engagement by the Client of the services of the Associate. 2 No variation or alteration of these Terms and Conditions shall be valid or enforceable unless approved in writing by a Branch Manager or a Director of the Employment Agency. C Timesheets 1 At the end of each week of the Assignment (or, where the Assignment is for a period of less than one week or is completed before the end of the week or at the end of the Assignment) the Client shall sign the timesheet of the Employment Business verifying the number of hours worked by the Associate during that week. 2 Signature of the timesheet by the Client or any other such confirmation of the hours worked by the Associate constitutes acceptance that the Associate's services have been provided for the hours indicated and such services have been satisfactory and in accordance with these Terms and Conditions. 3 The Client shall be responsible for retaining copies of all timesheets signed or submitted by the Client in order to validate the amounts shown on any invoice. 4 The failure of the Client to sign a timesheet or otherwise confirm the hours worked by the Associate will result in the Employment Business raising an invoice calculated on the basis of the Associate having worked 35 hours at the agreed charge rate unless the Client has previously advised the Employment Business of the unsuitability of the Associate in accordance with Clause H of these Terms and Conditions. D Charges 1 The Client shall pay the hourly charges of the Employment Business current at the commencement of the Assignment which may be varied by the Employment Business with immediate effect from time to time during the Assignment. 2 The charges are calculated by reference to the number of hours worked by the Associate (to the nearest quarter hour) plus VAT and are invoiced to the Client on a weekly basis, payable within 14 days. Travelling, hotel and other expenses as may be agreed shall be added to the invoice. Details of the Employment Business's charges are available on request. 3 The Employment Business reserves the right to make a minimum charge equivalent to 4 hours of the hourly rate previously advised in respect of engagements of less than 4 hours duration. 4 In the event that payment is not made in accordance with Clause D2, the Employment Business reserves the right to charge interest on late debt in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and any applicable secondary or subsidiary legislation. 5 All invoice queries must be raised within 6 months from date of invoice. E RemunerationThe Employment Business is responsible for paying the Associate's remuneration where applicable or fees and for the deduction and payment of National Insurance Contributions and Schedule E Income Tax (PAYE), applicable to the Associate as required by law. F Introduction Fees 1 The Employment Business shall be entitled to charge the Client an introduction fee upon the engagement or use by the Client, either directly or indirectly and for any length of time, of the services of an Associate within a period of 8 weeks from the end of the Associate's last Assignment or 14 weeks from the beginning of the Associate's last Assignment, whichever is the later date, or the introduction of the Associate to any third party resulting in any use or engagement by that third party within that period. Where the Associate has been supplied to the Client within the 42 days prior to the commencement date of their last assignment, the start date of that Assignment shall be deemed to be the relevant date for the calculation of the 14 weeks. The introduction fee will be calculated in accordance with the scale of fees for the introduction of permanent staff according to the total taxable emoluments payable to the Associate during the first 12 months of such engagement but without any entitlement to a refund or replacement. An introduction fee is also payable in respect of an Associate who subsequently becomes incorporated under a limited company in accordance with this clause. In the case of direct or indirect engagement or use of the services of an Associate, and whether an Assignment has been carried out or not, the Client will not be liable for an introduction fee if the Client elects to continue the hire of the Associate through the Employment Business for a period of 26 weeks. 2 Where the amount of the annual emolument is not readily discernible, the fee will be calculated as a multiple of 400 times the hourly charge at which the Associate was last engaged by the Client. G Liability 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 the Associate and to provide them in accordance with the booking details provided by the Client, no liability is accepted by the Employment Business for any loss, expense, damage or delay arising from the failure to provide an Associate for all or part of the period of the Client's booking or from the negligence, dishonesty, misconduct or lack of skill of the Associate or if the Associate terminates the Assignment for any reason. 2 Associates provided by the Employment Business to the Client are under the supervision, direction and control of the Client for the duration of the assignment and the Client shall not direct an Associate to undertake any duties outside the scope of either the original booking or these Terms and Conditions or for which special skills or experience are required unless satisfied that the Associate is competent and qualified to undertake such duties and unless the Client has previously advised the Employment Business of such a change. The Client is responsible for all acts, errors and omissions of the Associate whether wilful, negligent or otherwise as though the Associate were an employee of the Client, and the Client will comply in all respects with all statutes including for the avoidance of doubt, the Working Time Regulations, bye-laws and legal requirements to which the Client is ordinarily subject in respect of its own employees and staff, including in particular the provision of adequate Employer's and Public Liability insurance cover for the Associate during Assignments, but excluding the matters referred to in Paragraph E. 3 The Client shall supply the Employment Business with any information required by the Employment Business under the Health and Safety Legislation (including, without limitation, any requisite special occupational qualifications or skills and any special features of the Assignment affecting health and safety). The Client shall also ensure that it complies with all relevant Health and Safety Legislation in respect of the Associate as if the Associate was an employee of the Client and that the Associate complies with any obligations to which it is subject under such legislation. 4 The Client shall indemnify the Employment Business against any costs, including legal costs, claims, damages and expenses incurred by the Employment Business arising out of the engagement or use of the Associate by the Client. The Client shall report to the Employment Business any accident resulting in injury or death of the Associate whilst carrying out an Assignment. text-align:justify; H Termination 1 The Client shall supervise the Associate sufficiently to ensure its satisfaction with skills and standards of workmanship but if the services of the Associate are unsatisfactory, the Employment Business may reduce or cancel the charge for the time worked by the Associate with the Client provided that the Client terminates the Assignment and notifies the Employment Business of the termination within the same day as commencement of the assignment. 2 Each of the Client, the Associate or the Employment Business may terminate the Assignment at any time without prior notice. 3 The Client shall be responsible for advising the Employment Business that the Associate has left the Assignment and failure to do so shall render the Client liable for any costs or losses incurred by the Employment Business or any third party as a result of such a failure. These additional clauses shall apply solely to the supply of Associate Drivers and shall take precedence over any conflicting terms in these Terms and Conditions 1 As far as possible the Employment Business will check the Driver's references, licences and permits and provide the Driver in accordance with the booking details provided by the Client. No liability is accepted by the Employment Business for any loss, expense or delay arising from the failure to provide a Driver for all or part of the period of the Client's booking or from negligence, dishonesty, misconduct or lack of skill of the Driver or if the Driver terminates the Assignment for any reason. 2 Drivers provided by the Employment Business to the Client are under the supervision, direction and control of the Client for the duration of the Assignment. Drivers are supplied on the express understanding that the Client holds an Operator's Licence where required under the Transport Act 1968 or other applicable legislation. 3 The Client is responsible for all acts, errors and omissions of the Driver whether wilful, negligent or otherwise as though the Driver were an employee of the Client and the Client will comply in all aspects with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of its own employees and Drivers. In particular the Client is responsible for all statutory obligations in respect of driving licences and permits, drivers' hours and records, the issue and collection of tachograph cards, the maintenance and safety of vehicles and compliance with Road Traffic Legislation, Health and Safety Regulations, Public and Employees Liability Insurance and the provision of a fully comprehensive insurance policy in respect of the Driver and any vehicle to be driven by the Driver and its contents. 4 In order to assist the Client in complying with its obligations under the Transport Act 1968 and other applicable legislation the Employment Business shall at the Client's request provide information in its possession concerning Assignments carried out by the Driver in the seven day period immediately preceding the commencement of the Assignment. 5 The Employment Business reserves the right to make a minimum charge equivalent to 8 hours of the hourly rate previously advised in respect of engagements of less than 8 hours duration.
Copperbean,
96 Seaforth Avenue, New Malden, KT3 6JT
Tel: 0871 288 4071 Fax: 0871 236 2854 Advertise here Contact Us Privacy Policy Terms of Service Copperbean is a multiservice internet portal company. We also offer recruitment, telephony and internet services. Welcome to our internet portal. © 2006 Copperbean Limited
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