These terms and conditions govern the provision of employment agency services provided by J D Frost and R J Rivett in partnership trading as Larstone Recruitment of Valley View, The Street, Sharrington, Melton Constable, Norfolk, NR24 2AB (the “Agency”).
Contact:
Tel: 07979 501997 or 07771 655879
E-mail: jackie@larstonerecruitment.com or rebecca@larstonerecruitment.com
1. DEFINITIONS AND INTERPRETATION
1.1 The definitions below apply:
1.2 Clause headings shall not affect interpretation.
1.3 References to a person include legal entities, successors, and assigns.
1.4 Words in the singular include the plural and vice versa.
1.5 References to statutes include amendments and subordinate legislation.
1.6 References to writing or written include email but not fax.
2. SERVICES
2.1 The Agency acts as an employment agency but is not authorised to enter contracts on behalf of the Client.
2.2 The Agency will use reasonable efforts to introduce suitable Applicants to the Client, which may include advertising at its discretion.
3. FEES AND VAT
3.1 The Client shall pay to the Agency:
(a) an initial registration fee of £80 + VAT;
(b) an Introduction Fee, assessed as follows on the gross annual pay offered by the Client to the Applicant fulfilling the Vacancy:
and in any other case, as the Agency shall determine in consultation with the Client.
The Introduction Fee shall be paid to the Agency immediately on the Applicant being employed by the Client.
(c) Advertising only fees as follows:
Advertising fees must be paid before the Agency introduces Applicants to the Client.
3.2 If an Applicant leaves a Vacancy within 12 weeks then the Agency will offer a replacement to the Client free of charge. If an Applicant leaves a Vacancy between 12 weeks and 6 months then the Agency will charge the Client 50% of its usual fee to find a replacement. All amendments to fees are at the sole discretion of the Agency.
3.3 Fees are non-refundable.
3.4 Payment of the Advertising fees are due and payable on the 10th Business Day after the date of the invoice.
3.5 If the Client introduces an Applicant to a third party within 14 weeks of an assignment or 8 weeks of its end, and that third party employs the Applicant, the full Introduction Fee is payable.
3.6 The Agency charges VAT at the prevailing rate. VAT Reg No: (GB) 413 5424 24.
3.7 The Agency shall advise by notice in writing to the Client of any increase in the fees referred to in thisClause 3.
3.8 If a Client fails to make a payment due to the Agency under this agreement by the due date, then without limiting the Agency’s remedies under Clause 7 (Default and Early Termination), the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at 4% per annum above the Bank of England’s base rate from time to time, but at 4% per annum for any period when that base rate is below 0%.
4. AGENCY OBLIGATIONS
4.1 In order to use the Agency’s services, the Agency will require the Applicant to provide details of their qualifications, training, experience, employment history and references to match the Applicant with the relevant Vacancy having regard to the Specification provided by the Client.
4.2 The Agency will use reasonable endeavours to ensure that all information submitted to the Client is complete and up-to-date.
4.3 The Agency shall confirm:
(a) the Applicant’s identity; and
(b) the Applicant’s experience and qualifications, as required by the Client in accordance with the Specification or law.
4.4 In the event that the Agency is made aware that information submitted by the Applicant to the Agency is incorrect, the Agency shall inform the Client in writing.
5. CLIENT OBLIGATIONS
5.1 In order to use the Agency’s services, the Client shall be required to provide the Specification to the Agency.
5.2 The Client is responsible for verifying the accuracy of all information supplied by the Applicant.
5.3 The Client must confirm to the Agency compliance with all legal and professional requirements.
5.4 The Client must notify the Agency immediately upon employing an Applicant.
5.5 The Client must notify the Agency if an Applicant is or may be unsuitable within three months of the Applicant’s start date.
6. ADDITIONAL COSTS & CANCELLATIONS
6.1 The Client agrees to pay to the Agency any additional costs reasonably incurred by the Agency (as the Agency determines) in relation to any obligation of the Agency under this agreement. The Agency will notify the Client of any additional costs in writing.
6.2 If the Client cancels the employment or appointment of an Applicant within 14 days of an Applicant’s start date (as notified by the Client to the Agency in writing), all fees as shall be payable under this agreement will be payable together with two weeks’ gross salary of the Applicant.
6.3 If the Client terminates their agreement with the Agency after the Agency has begun advertising, a £396 + VAT fee applies.
7. DEFAULT AND EARLY TERMINATION
7.1 Either party may terminate this agreement on 14 Business Days written notice and shall be without prejudice to any accrued rights or obligations of either party up to the date of that termination.
7.2 Immediate termination without notice applies if:
(a) a party breaches a material term and does not correct it within 10 Business Days;
(b) the Client becomes insolvent or ceases trading.
8. CONFIDENTIALITY & DATA PROTECTION
8.1 Neither party shall disclose confidential information without prior written consent of the other.
8.2 The Agency and the Client shall comply with their obligations under all applicable data protection legislation.
9. WARRANTIES & REPRESENTATIONS
9.1 The Agency shall not be liable for any of the following:
(a) the loss of any data or materials submitted by the Client which is not due to any default of the Agency;
(b) any errors or inaccuracies in the information presented by the Applicant;
(c) any errors or inaccuracies in the information presented by the Client;
(d) the failure of a Client to secure employment or the appointment of an Applicant.
(e) any loss or damage of any kind, howsoever arising out of any material submitted to the Agency.
9.2 The Agency does not guarantee an Applicant's suitability and is not liable for losses incurred due to an Applicant’s performance or conduct.
9.3 The Agency does not give any warranty or make any representation to the Client that the information provided by the Applicant is correct.
9.4 The Client warrants that all information provided in the Specification is accurate and not misleading.
9.5 Any liability of the Agency to the Client shall not exceed an amount equal to the payment of the Introduction Fee.
10. THIRD-PARTY RIGHTS
10.1 No third party has any rights under this agreement.
11. GOVERNING LAW & JURISDICTION
11.1 This agreement, and any dispute or claim arising out of it or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
11.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation.
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