You are referred to the Terms of Business provided prior to
the introduction of the Temporary Worker for full details of the applicable
Terms of Business. However, Ritz Recruitment Ltd (the Employment Business)
would like to draw your specific attention to the following provisions:

1: Following the acceptance of the Worker by the Client Company, the Client Company agrees to verify the total number of hours worked by the Worker each week by signing the Worker’s time sheet to that effect at the end of each week. By signing the Worker’s time sheet, the Client Company accepts that the hours recorded by the Worker as having been worked are correct and that the Worker has performed satisfactorily at all material times. However, the failure on the part of the Client Company to sign a time sheet shall not in itself affect the Client Company’s liability to pay the Employment Business at the Hourly Rate for each hour worked by the Worker.

2: The Employment Business shall invoice the Client Company at the Hourly Rate for all of the hours or part hours worked by the Worker (to the nearest quarter hour) as recorded on his/her time sheet and the Client Company agrees to pay to the Employment Business by cheque or credit transfer within 7 days of the date of the Employment Business’ invoice a sum which shall not be less than the said total number of hours worked by the Worker for the Client Company multiplied by the Hourly Rate, plus any claimable expenses and Value Added Tax (at the statutory rate from time to time). Payment should be sent to Ritz Recruitment Limited, 105—109 Bishopsgate, London, EC2M 3EU

3: Transfer/Introductions Fees

3.1: Temp to Perm / Temp to Temp transfers

If at any time during the supply of a Worker, the Client Company notifies the Employment Business that they want to directly employ that Worker or require that the supply of that Worker is transferred to another recruitment agency or employment business, the Client Company agrees:

3.1.1: To pay to the Employment Business a fee calculated at 16% of the starting annual salary; or

3.1.2: To notify the Employment Business in writing of the fact that they require that the Worker be supplied to them for an extended period of hire of 26 weeks during which the Employment Business shall be entitled to charge the appropriate Hourly Rate charges for the Worker.

PROVIDED ALWAYS that the transfer takes place within the
Relevant Period

3.2: Fees payable where Worker Engaged within 12 months of Introduction.

If at any time during the period of 12 months following an
Introduction without Engagement the Client Company directly employs or engages
the Worker to provide or perform services for a fixed or indefinite period, the
Client Company agrees:

3.2.1: To pay to the Employment Business a fee calculated at 16% of the starting annual salary; or

3.2.2: To notify the Employment Business in writing before the Worker is Engaged of the fact that they require that the Worker be supplied to them for an extended period of hire of 26 weeks during which the Employment Business shall be entitled to charge the appropriate Hourly Rate charges for the Worker. The charges to comprise mainly the Worker’s pay but also to include the Employment Business’ commission calculated at 22% of the Worker’s pay, holiday pay and National Insurance Contributions. VAT is payable on the entirety of these charges.

3.3: Transfers to Third Parties

If at any time during a period of 12 months following the
Introduction and/or Engagement, the Client Company introduces a Worker to a
third party who then Engages that Worker to provide or perform services for a
fixed or indefinite period, the Client Company agrees to pay to the Employment
Business a fee calculated at 16% of the annual salary.

4: For the avoidance of doubt there will be no rebate or replacement in these circumstances as outlined in 3.1, 3.2 and 3.3.

5: The Employment Business reserves the right to charge 4% over bank base rate, payable monthly on all amounts remaining unpaid for 7 days after the invoice date.

6: The Employment Business reserves the right to review or amend the Hourly Rate for the Worker by serving the Client Company with no less than 7 days advance notice in writing to that effect.

7: The Client Company covenants with the Employment Business that it shall at all times ensure that any Worker supplied to it by the Employment Business shall be provided with a safe working environment, free from any reasonably foreseeable danger or risk to their health and safety.

8: The Client Company warrants that it will not require the Worker to work more than 48 hours a week unless the Employment Business has informed the Client Company that the Worker has opted out of the 48 hour working week in accordance with the Working Time Regulations 1998. The Client Company will assist the Employment Business in complying with the Working Time Regulations 1998 by supplying any relevant information to the Employment Business and the Client Company agrees not to do anything to cause the Agency to be in breach of its obligations under the Working Time Regulations 1998.

9: The Client Company agrees that if the Worker is required to work for more than nine hours (eight hours for Industrial Divisions) on one weekday or any hours on a Saturday (hereinafter referred to as “overtime hours”), an overtime premium will be applied. The premium will be calculated by adding 50% to the number of overtime hours worked. If the Client Company requires the Worker to work on a Sunday or a statutory bank holiday or public holiday, the overtime premium will be calculated by adding 100% to the number of overtime hours worked.

10: In the event that the Worker incurs claimable expenses whilst working under the control of the Client Company or any Associated Company, such expenses shall be recorded upon the time sheet and the Client Company agrees to reimburse the Employment Business fully in respect of them.

11: The Client Company agrees to fully indemnify the Employment Business for (a) any costs, expenses, loss or damages suffered by the Employment Business as a consequence of the Employment Business’ vicarious liability (if any) for acts committed by the Worker while under the control or supervision of the Client Company or any Associated Company; and (b) any costs, expenses, loss or damages suffered by the Employment Business as a consequence of any notice of claim or actual legal proceedings taken by a Worker against the Employment Business arising out of any breach by the Client Company or any Associated Company of the Worker’s statutory or other legal rights.

12: The Employment Business does not accept any liability for any loss or damage suffered by the Client Company as a consequence of any breach of contract by, or unsuitability, negligence, dishonesty or lack of skill on the part of the Worker of which the Employment Business was not or could not have reasonably been aware, including the failure of the Worker to provide services on any given date.

TERMS OF BUSINESS


TERMS OF BUSINESS: PERMANENT DIVISION

This Agreement contains the terms and conditions of business for the Introduction of Candidates for permanent employment between Ritz Recruitment Limited, whose registered office is at 105-109 Bishopsgate, London, EC2M 3UE, (Company no: 01866661 (the “Agency”) and Helen Foster of/whose principal office is at 123 Fake Street JH45F7 (The “Client Company”)

 

DEFINITIONS AND INTERPRETATION

In this Agreement:

‘Candidate’ means a Candidate for any position with the Client Company.

‘Confidential Information’ means all and any secret or confidential information (whether or not recorded in documentary form or on computer disk or tape) relating to the business of the Client Company.

‘Engagement’ means the direct recruitment, engagement or employment by the Client Company or any Associated Company.

‘Introduction’ means the presentation by the Agency of a Candidate to the Client Company for interview or the supply of personal information relating to or referring to a Candidate or the passing to the Client Company of a curriculum vitae or information which identifies the Candidate; and which leads to an Engagement of that Candidate.

‘Starting Salary’ means the pro-rata gross annual salary or wage paid to the Candidate during the first 12 months of their Engagement by the Client Company or any Associated Company.

‘Introduction Fee’ means 16% of the Starting Salary.

1. Words importing one gender include the other and words importing the singular include the plural and vice versa. Any reference to legislation shall be deemed to include a reference to any statutory modification or re-enactment of it.

THE AGREEMENT

2. These Terms constitute the agreement between the Agency and the Client Company and are deemed to be accepted by the Client Company by virtue of an Introduction to, or the Engagement of a Candidate, or the passing of any information about the Candidate to any third party following an Introduction

WARRANTIES AND OBLIGATIONS OF THE CLIENT COMPANY

3. Prior to the Introduction of a Candidate to the Client Company, the Client Company shall notify the Agency in writing/or provide confirmation of the following terms of Engagement relating to the position they are seeking to fill;

a. Their identity and the nature of their business;
b. The date upon which the Candidate is to commence work and the duration, or likely duration, of the work;
c. The position the Candidate will fill, including the type of work involved, the location and the hours the Candidate will be required to work;
d. The experience, training, qualifications and/or experience that the Client Company considers necessary and/or are required by law or by the relevant professional body;
e. Any expenses payable by or to the Candidate;
f. Any risks to health and safety known to the Client Company and the steps that the Client Company has taken to prevent, control or reduce such risks. The Agency reserves the right to request a copy of the Health and Safety Risk Assessment carried out by the Client Company in relation to its premises, equipment and working conditions.

4. The Client Company shall also confirm prior to an Introduction:

a. Starting Salary of the Position
b. Bonus, commission and any other taxable emoluments (whether guaranteed or discretionary)
c. Confirmation of the pay intervals for salary and any bonuses and/or commission
d. The length of notice required to be given by the Candidate and/or the Client Company to terminate the Candidate’s employment.

5. If following an Introduction, the Client Company engages the Candidate the Client Company shall inform the Agency of this immediately in writing and confirm the starting salary and any bonuses, commission and any other taxable emoluments (whether guaranteed or discretionary). No fee is incurred by the Client Company until the Candidate commences employment when the Agency will render an invoice to the Client Company for its fees.

6. The Agency shall invoice the Client Company on the day that the Candidate commences his/her Engagement with the Client Company and the Client Company agrees to pay within 30 days of the date of the said invoice the Introduction Fee calculated at the rate of 16% of the Starting Salary of the Candidate. The Agency reserves the right to charge interest on any Introduction fee that has not been paid within 30 days of the date of the said invoice at the rate of 4% over bank base rate, payable monthly. Value Added Tax will be charged on the fee (at the statutory rate from time to time).

7. Guarantee In the event of a Candidate leaving the Client Company’s employment, for any reason other than redundancy as defined by section 139 of the Employment Rights Act 1996, within the first ten weeks of commencing an Engagement with the Client Company, the Employment Agency shall endeavor to find a suitable replacement. If the Client Company does not require a replacement, a 10% credit will be issued to the Client Company in respect of each complete week that the Candidate failed to work within the ten week period. The Client Company will only be entitled to a credit under the provisions of this clause if the invoice referred to in clause 6 has been paid within 30 days of the date of the said invoice, and the Client Company has notified the Agency of the fact of the termination of the Engagement within seven days of such termination.

8. The Client Company agrees that Candidates who are Engaged by the Client Company within twelve months of an Introduction by the Agency, will be deemed to have been employed as a result of this Agency’s efforts and will be invoiced in line with clause 6.

8.1 Introductions of Candidates are confidential. The disclosure by the Client Company to a third party of any details regarding a Candidate introduced by the Agency which results in an Engagement with that third party within twelve months of the Introduction renders the Client Company liable to payment of the Agency’s fee as set out in clause 6 with no entitlement to any refund.

8.2 An Introduction fee calculated in accordance with clause 6 will be charged in relation to any Candidate engaged as a
consequence of or resulting from an Introduction by or through the Agency, whether direct or indirect, within twelve months from the date of the Agency’s Introduction.

WARRANTIES AND OBLIGATIONS OF THE AGENCY

9. The Employment Agency warrants that prior to the supply of a Candidate, it shall obtain confirmation:

a. Of the identity of the Candidate;
b. That the Candidate has all the relevant training, qualifications and/or experience required by the Client Company and/or are required by law or any relevant professional body; and
c. That the Candidate is willing to work in the position that the Client Company wants to fill.

10. The Agency shall confirm the information in clause 9 to the Client Company in written or electronic format within three working days of verbal confirmation.

11. The Agency also warrants that:

a. They shall take all steps that are reasonably practicable to ensure that the Client Company and the Candidate are aware of any professional and/or legal requirements to be satisfied in order for the Candidate to work for the Client Company;
b. They shall make such reasonable enquiries, as are reasonably practicable, to ensure it would not be detrimental to either the Candidate or the Client Company for the Candidate to work for the Client Company.

12. The Agency confirms that, save where it is not possible to do so (in which case written confirmation of steps taken will be provided to the Client Company) it shall take all reasonable steps to obtain:

a. Copies of relevant professional qualifications and authorities;
b. Two references from persons not related to the Candidate;
c. Confirmation that the Candidate is not unsuitable to work with vulnerable persons, if appropriate.

13. The Agency will inform the Client Company in writing if the Agency receives or obtains information within three months of an Introduction that the Candidate is or may be unsuitable for the position in which the Candidate is employed, the Agency shall inform the Client Company of this information.

LIABILITY

14. The Agency does not accept any liability for any loss or damage suffered by the Client Company as a consequence of any breach of contract by, or unsuitability, negligence, dishonesty or lack of skill on the part of our Candidate, including the failure of a Candidate to provide services on a given date.

15. Whilst every effort is taken to select Candidates suitable to our Client Company’s needs, the Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client Company arising from or in any way connected with the Agency seeking a Candidate for the Client Company or from the Introduction to or Engagement of any Candidate by the Client Company.


MISCELLANEOUS

16. This Agreement is governed by and shall be construed in accordance with the laws of England and parties irrevocably submit to the exclusive jurisdiction of the English Courts.

17. This Agreement contains the entire understanding between the parties and supersedes all previous Agreements and arrangements (if any) between them (which shall be deemed to have been terminated by mutual consent).

18. Any amendment or variation to this Agreement will not be valid unless it is made in writing. The Agency undertakes to provide written confirmation of the amendment or variation to the Client Company as soon as reasonably practicable after it has been agreed.

19. The clause headings do not form part of this Agreement and shall not be taken into account in its construction or interpretation. References in this Agreement to any clause, sub-clause, schedule or paragraph without further designation shall be construed as references to clauses, sub-clauses schedules or paragraphs of this Agreement so numbered.

The Agency shall not without the prior written consent of the Client Company, whether during or after the period of this Agreement, divulge to any person whatsoever or otherwise make use of any Confidential Information. This restriction shall continue to apply without limit in point of time but shall cease to apply to information ordered to be disclosed by a Court of competent jurisdiction or otherwise required to be disclosed by law.



TERMS OF BUSINESS: TEMPORARY DIVISION

This Agreement contains the terms and conditions of business transacted for the supply of Temporary Workers between Ritz Recruitment Limited, whose registered office is at 105-109 Bishopsgate, London, EC2M 3UE, (Company no: 01866661 (the
“Employment Business”) Dionysios Vlachos of/whose principal office is at 62-66 Farringdon Road London EC1R 3GB (The “Client Company”)


DEFINITIONS AND INTERPRETATION

In this Agreement:
‘Associated Company’ includes any associated business, subsidiary or any other company, which is for the time being a holding company (as defined by the Companies Act 1985 Section 736) of the Client Company or another subsidiary of any such holding company.

‘Confidential Information’ means all and any secret or confidential information (whether or not recorded in documentary form or on computer disk or tape) relating to the business of the Client Company.

‘Engagement’ / ‘Engaged’ means the entering into of any contract for the supply of services by a Worker on a permanent, short-term, fixed term or other basis (including an agency/employment business, license, franchise, partnership or other agreement) by the Client Company or any Associated Company.

‘Hourly Rate’ means the appropriate rate per hour payable by the Client Company to the Employment Business in consideration for the supply of services by the Worker, as notified to the Client Company prior to instruction.

‘Introduction’ means the presentation by the Employment Business of a Worker to the Client Company or the supply of personal information relating or referring to a Worker.

‘Starting Salary’ means the pro-rata gross annual salary or wage paid to the Worker during the first month of their Engagement by the Client Company or any Associated Company.

“Relevant Period” means 14 weeks from the start of the Worker’s first Engagement or within 8 weeks of the end of any subsequent period of engagement, which ever is the later or as otherwise defined by Regulations 10(5) and 10(6) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

‘Worker’ means a person supplied to the Client Company by the Employment Business as a Temporary Worker, in the stated capacity agreed in writing between the Client Company and the Employment Business.

1. Words importing one gender include the other and words importing the singular include the plural and vice versa. Any reference to legislation shall be deemed to include a reference to any statutory modification or re-enactment of it.

2. The clause headings do not form part of this Agreement and shall not be taken into account in its construction or interpretation. References in this Agreement to any clause, sub-clause schedule or paragraph without further designation shall be construed as references to clauses, sub-clauses, schedules or paragraphs of this Agreement so numbered.

3. The terms of this Agreement are deemed to be accepted by the Client Company and shall apply to any and all dealings between the Employment Business and the Client Company for the supply of Temporary Workers. The Client Company hereby authorises the Employment Business to release relevant information to Workers concerning the Client Company or any vacancy.

4. The Employment Business does not accept any liability for any loss or damage suffered by the Client Company as a consequence of any breach of contract by, or unsuitability, negligence, dishonesty or lack of skill on the part of the Worker of which the Employment Business was not or could not have reasonably been aware, including the failure of the Worker to provide services on any given date.


WARRANTIES AND OBLIGATIONS OF THE EMPLOYMENT BUSINESS

5. The Employment Business warrants that prior to the supply of a Worker, it will obtain confirmation:

(a) Of the identity of the Worker;
(b) That the worker has all the relevant training, qualifications and/or experience, required by the Client Company and/or are required by law or any relevant professional body; and
(c) That the Worker is willing to work in the position that the Client Company wants to fill.

6. The Employment Business shall confirm the information in 5 above to the Client Company in written or electronic format within 3 working days of verbal confirmation save where the Worker has been supplied to the Client Company within the last 5 working days and the information to be supplied to the Client Company under clause 5 has not changed.

7. The Employment Business also warrants that:

(a) It shall take all steps that are reasonably practicable to ensure that the Client Company and the Worker are aware of any professional and/or legal requirements to be satisfied in order for the Worker to work for the Client Company;
(b) It shall make such reasonable enquiries, as are reasonably practicable, to ensure it would not be detrimental to either the Worker or the Client Company for the Worker to work for the Client Company.

8. The Employment Business confirms that, save where it is not possible to do so (in which case written confirmation of steps taken will be provided to the Client Company), it shall take all reasonable steps to obtain and to provide to the Client Company:

(a) Copies of relevant qualifications and authorities; (b) Two references from persons not related to the Worker;
(c) Confirmation that the Worker is not unsuitable to work with vulnerable persons, if appropriate.

9. The Employment Business will inform the Client Company in writing if the Employment Business becomes aware of information which creates a reasonable belief that a Worker is not suitable for the position for which they have been supplied. If the belief proves well founded the Employment Business shall inform the Client Company and terminate the supply of the Worker concerned.

WARRANTIES AND OBLIGATIONS OF THE CLIENT COMPANY

10. Prior to the Introduction of a Worker, the Client Company shall confirm:

(a) Their identity and the nature of their business;
(b) The date upon which the Worker is to commence work and the duration, or likely duration, of the work;
(c) The position which the Worker will fill, including the type of work involved, the location and the hours the Worker will be required to work;
(d) Any risks to health and safety known to the Client Company and the steps that the Client Company has taken to prevent, control or reduce such risks. The Employment Business reserves the right to request a copy of any risk assessments carried out by the
Client Company in relation to its premises, equipment and working conditions;
(e) The experience, training, qualifications and/or experience that the Client Company considers necessary and/or are required by law or by the relevant professional body;
(f) Any expenses payable by or to the Worker.

11. Following the acceptance of the Worker by the Client Company, the Client Company agrees to verify the total number of hours worked
by the Worker each week by signing the Worker’s time sheet to that effect at the end of each week. By signing the Worker’s time sheet, the Client Company accepts that the hours recorded by the Worker, as having been worked, are correct and that the Worker has performed satisfactorily at all material times. However, the failure on the part of the Client Company to sign a time sheet shall not in itself affect the Client Company’s liability to pay the Employment Business at the Hourly Rate for each hour worked by the Worker.

12. The Client Company warrants that it will not require the Worker to work more than 48 hours a week unless the Employment Business has informed the Client Company that the Worker has opted out of the 48 working week in accordance with the Working Time Regulations 1998. The Client Company will assist the Employment Business in complying with the Working Time Regulations 1998 by supplying any relevant information to the Employment Business and the Client Company agrees not to do anything to cause the Employment Business to be in breach of its obligations under the Working Time Regulations 1998.

13. The Client Company agrees that if the Worker is required to work for more than nine hours (eight hours for Industrial Divisions) on one weekday or any hours on a Saturday (hereinafter referred to as “overtime hours”), an overtime premium will be applied. The premium will be calculated by adding 50% to the number of overtime hours worked. If the Client Company requires the Worker to work on a Sunday or a statutory bank holiday or public holiday, the overtime premium will be calculated by adding 100% to the number of overtime hours worked.

14. In the event that the Worker incurs claimable expenses whilst working under the control of the Client Company or any Associated Company, such expenses shall be recorded upon the time sheet and the Client Company agrees to reimburse the Employment Business fully in respect of them.

15. The Employment Business shall invoice the Client Company at the Hourly Rate for all of the hours or part hours worked by the Worker (to the nearest quarter hour), as recorded on his/her time sheet and the Client Company agrees to pay to the Employment Business by cheque or credit transfer within 7 days of the date of the Employment Business’s invoice a sum which shall not be less than the said total number of hours worked by the Worker for the Client Company multiplied by the Hourly Rate, plus any claimable expenses and Value Added Tax (at the statutory rate from time to time). Payment should be sent to Ritz Recruitment Limited, 105-109 Bishopsgate, London, EC2M 3UE
16. The Employment Business reserves the right to charge 4% over bank base rate, payable monthly on all amounts remaining unpaid for 7 days after the invoice date.

17. The Employment Business reserves the right to review or amend the Hourly Rate for the Worker by serving the Client Company with no less than 7 days advance notice in writing to that effect.

18. The Employment Business assumes responsibility for the payment of wages or salary to the Worker and responsibility for the deduction of tax and national insurance payments as appropriate before making such payments (save where the Worker has been Engaged by the Client Company).

19. Where the Worker supplied to the Client Company is required to drive a vehicle as part of his/her assignment, the Client Company warrants that it has in force a fully comprehensive contract of insurance in respect of such Worker. The Client Company further warrants that the Employment Business is not responsible for any damage by the Temporary Worker, whatever the circumstances, and the Client Company or its insurer is responsible for damage claims to third parties, to premises and the vehicle itself.

20. The Client Company covenants with the Employment Business that it shall at all times ensure that any Worker supplied to it by the Employment Business shall be provided with a safe working environment, free from any reasonably foreseeable danger or risk to their health and safety.

21. The Client Company further agrees to take reasonable steps to ensure that all Workers are protected from any unlawful discrimination, bullying or harassment of whatever kind while under the control or supervision of the Client Company or any Associated Company.
22. The Client Company shall not require the Worker to perform services that are illegal, immoral or in breach of any statutory or other legal rights of the Worker.

23.1 In the event that a Worker is supplied to the Client Company and the Client Company finds the Worker unsatisfactory for
reasons relating to the Worker’s standards of performance or suitability, the Client Company shall immediately inform the Employment Business in writing to that effect specifying the reasons they find the Worker unsatisfactory.

23.2 In the event that the Client Company notifies the Employment Business (such notification to be made within one day of the arrival of the Worker at the Client Company’s premises or within two hours if the assignment is for an initial period of less than twelve hours) that a Worker is unsatisfactory, and the Client Company immediately discontinues to use the Workers services as a consequence thereof, there shall be no charge to the Client Company in respect of that Worker.

24 Liability

24.1 The Client Company agrees to fully indemnify the Employment Business for:
a) any costs, expenses, loss or damages suffered by the Employment Business as a consequence of the Employment Business’s vicarious liability (if any) for acts committed by the Worker while under the control or supervision of the
Client Company or any Associated Company; and
b) any costs, expenses, loss or damages suffered by the Employment Business as a consequence of any notice of claim or actual legal proceedings taken by a Worker against the Employment Business arising out of any breach by the Client Company or any Associated Company of the Worker’s statutory or other legal rights.

24.2 Whilst every effort is made by the Employment Business to give satisfaction to the Client Company by ensuring reasonable standards of skills, integrity and reliability from the Temporary Worker and further to provide them in accordance with the Client Company’s booking details, the Employment Businesses is not liable for any loss, expense, damage or delay arising from the failure to provide any Temporary Worker for all or part of the period booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker of which the Employment Business was not or could not have reasonably been aware. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from it’s own negligence.

24.3 Temporary workers supplied by the Employment Business are engaged under contracts for services, and are deemed to be under the supervision, direction and control of the Client Company from the time they report to take up duties and for the duration of the assignment. The Client Company agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether willful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client Company.
The Client Company will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety at Work Act etc, by-laws, codes of practice and legal requirements to which the Client Company is ordinarily subject in respect of the Client Company’s own staff (excluding the matters specifically mentioned in Clause 18), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary worker during all assignments.

25 Transfer/Introduction Fees

25.1 Temp to Perm / Temp to Temp transfers

If at any time during the supply of a Worker, the Client Company notifies the Employment Business that they want to directly employ that Worker or require that the supply of that Worker is transferred to another recruitment agency or employment business, the Client Company agrees:

25.1.1 To pay to the Employment Business a fee calculated at 16% of the starting annual salary; or

25.1.2 To notify the Employment Business in writing of the fact that they require that the Worker be supplied to them for an extended period of hire of 26 weeks during which the employment business shall be entitled to charge the appropriate Hourly Rate charges for the Worker.

PROVIDED ALWAYS that the transfer takes place within the Relevant Period

25.2 Fees payable where Worker is Engaged within 12 months of Introduction.

If at any time during the period of 12 months following an Introduction without Engagement the Client Company directly employs or engages the Worker to provide or perform services for a fixed or indefinite period the Client Company agrees:

25.2.1 To pay to the Employment Business a fee calculated at 16% of the starting annual salary; or

25.2.2 To notify the Employment Business in writing before the Worker is Engaged of the fact that they require that the worker be supplied to them for an extended period of hire of 26 weeks during which the Employment Business shall be entitled to charge the appropriate Hourly
Rate charges for the Worker. The charges to comprise mainly the Worker’s pay but also to include the
Employment Business’ commission calculated at 22% of the Workers pay, holiday pay, and National Insurance Contributions. VAT is payable on the entirety of these charges.

Transfers to Third Parties

26. If at any time during a period of 12 months following the Introduction the Client Company introduces a Worker to a third party who then Engages that Worker to provide or perform services for a fixed or indefinite period, the Client Company agrees to pay to the Employment Business a fee calculated at 16% of the annual salary.

27. For the avoidance of doubt there will be no rebate or replacement in these circumstances, as outlined in 25.1, 25.2 and 26


MISCELLANEOUS

28. This Agreement is governed by and shall be construed in accordance with the laws of England and parties irrevocably submit to the exclusive jurisdiction of the English Courts.

29. This Agreement contains the entire understanding between the parties and supersedes all previous Agreements and arrangements (if any) between them (which shall be deemed to have been terminated by mutual consent).

30. Any amendment or variation to this Agreement will not be valid unless it is made in writing. The Employment Business undertakes to provide written confirmation of the amendment or variation to the Client Company as soon as reasonably practicable after it has been agreed.

31. This Agreement shall also apply to all future instructions received by the Employment Business for the supply of Temporary Workers to the Client Company or any Associated Company, unless the contrary is expressly agreed between the parties in writing.

32. Notices served under this Agreement may be given by either party by letter addressed to the other at its main or registered office for the time being or it’s last known address, and any notice given by letter shall be deemed to have been given at the time at which the letter would be delivered in the ordinary course of post or if delivered by hand upon delivery, and in proving service by post it shall be sufficient to prove that the notice was properly addressed and posted.

By signing this document I confirm that I have read and accepted the Terms of Business for Ritz Recruitment Permanent and Temporary divisions contained in the attached document, a copy of which I have retained for my Company’s records.

 

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