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Technical, Engineering and IT Recruitment and Support Services
Our Partnership
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solve problems not create them |
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fully understand your needs |
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provide value for money |
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develop a partnership |
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deliver commitments |
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create trust |
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BID Technology Limited
Red Lodge, Bonds Mill
Stonehouse, Glos GL10 3RF
| Tel: |
+44 (0) 1453 829595 |
| Fax: |
+44 (0) 1453 827763 |
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Terms and Conditions
FOR THE INTRODUCTION OF PERSONNEL TO BE DIRECTLY EMPLOYED BY CLIENTS (PERMANENT STAFF)
1. These Terms and Conditions of Business are between BID Technology Ltd (hereinafter called the Company) and A Company Ltd (hereinafter called the Client) and are deemed to be accepted by the Client by virtue of an interview or the engagement (which term includes employment or use, whether under a contract of service or for services, or under an agency, licensee, franchise or partnership agreement) of an applicant introduced by the Company.
2. The Client agrees: a) to notify the Company immediately an engagement is accepted, and b) to pay the fee of the Company, within twenty-eight days of the date of invoice.
3. The fee payable to the Company by the Client for the introduction of an applicant is the
amount equal to ( )% of the annual starting salary. VAT will be charged in addition to the fee.
4. Should the relevant employment terminate before the expiry of twelve weeks (save where, as a result of the applicant being made redundant by the Client), a rebate of 5% will be allowed against the fee for each complete week not actually worked provided that the Client notifies the Company in writing within seven day of the termination of employment and has paid the Company's fee within twenty-eight days of the date of invoice. If, after the offer of engagement has been accepted by the applicant, the Client decides for any reason not to proceed with the appointment, it shall be liable to pay the Company the minimum fee indicated on the Scale of Rebate. Should the Client or any subsidiary or associated company of the client subsequently re-engage the applicant within the period of twelve calendar months from the date of termination, or withdrawal of the offer, a full fee in accordance with Paragraph 3 becomes payable, with no entitlement to a refund.
5. Introductions are confidential. The passing on of an introduction to another employer which results in an engagement renders the Client liable to payment of the Company's fee as set out in Paragraph 3.
6. An introduction fee calculated in accordance with Paragraph 3 of these Terms will be charged in relation to any applicant engaged as a consequence of or resulting from an introduction by or through the Company, even though the introduction may be made indirectly. The term applicant refers to the person introduced by the Company to the Client, including any member of the Company's own staff.
7. The Company endeavours to ensure the suitability of any applicant introduced to the Client. The Client shall notwithstanding satisfy himself as to the suitability of any applicant and shall take up any references provided by any applicant and/or the Company before engaging such 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 any applicant and satisfy any medical and other requirements or qualifications required by law.
8. The Company shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Company seeking an applicant for the Client or the introduction by the Company to the Client of any applicant or the engagement of any applicant by the Client.
9. No variation can be made to these terms without the written consent of a director of the company (or competent authority).
(Note: It is important to identify other competent authority, if any, apart from directors in relation to Clause 9 i.e. all those who have authority to vary the terms of business.)
FOR THE SUPPLY OF TEMPORARY WORKERS
1. DEFINITIONS
In these Terms of Business the following definitions apply:-
'The Company' - means: BID Technology Ltd
'The Client' - means: A Company Ltd,
'The Contractor' - means: A N Other, the Temporary Worker introduced to the Client by the Company and engaged by the Client to carry out this Assignment
'Assignment' - means the period during which the Contractor is engaged by the Client to render services.
2. THE CONTRACT
a) These Terms constitute the contract between the Company and the Client and are deemed to be accepted by the Client by virtue of its request for the interview or the engagement of Contractors introduced by the Company.
b) No variation or alteration to these Terms shall be valid unless approved in writing by a Director of the Company.
3. CONFIRMATION OF ASSIGNMENTS
Prior to the commencement of the Assignment by the Contractor or if this is not practical upon commencement of the Assignment, the Company will send to the Client written confirmation of the Assignment specifying inter alia the duration of the Assignment, the identity of the Contractor, the hourly rate charged by the Company together with such expenses as may have been agreed, the intervals at which invoices shall be rendered to the Client by the Company and any other relevant information.
4. TIMESHEETS
a) At the end of each week of the Assignment (or at the end of the Assignment where the Assignment is for a period of less than one week or is completed before the end of a week) the Client shall sign the Company's time sheet properly completed by the Contractor to indicate the number of hours worked by the Contractor during the preceding week of the assignment
b) Signature of the time sheet by the Client constitutes acceptance that the Contractor's services have been provided for the hours indicated and that such services have been satisfactory and in accordance with these Terms.
5. CHARGES
a) The Company shall render invoices to the Client at the intervals specified in the written confirmation indicating the charges payable by the Client calculated by reference to the number of hours worked by the Contractor and the hourly rate and other expenses as advised in the written confirmation plus VAT.
b) Invoices are payable by the Client within thirty days from date thereon. The failure by the Client to settle invoices within that period entitles the Company to charge interest on overdue amounts at the rate of 4 % per annum above the base rate from time to time of Nat West Bank plc calculated from the date of delivery of the invoice.
6. REMUNERATION
The Company is responsible for paying the Contractor's remuneration and for deducting any sums therefrom as may be required by law.
7. LIABILITY
a) Whilst every effort is made by the Company to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Contractors and to provide the same in accordance with the Assignment details provided by the Client, no liability is accepted by the Company for any loss, expense, damage, costs or delay arising from the failure to provide a Contractor for all or part of the period of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Contractor or if the Contractor terminates the Assignment for any reason.
b) Contractors provided by the Company to the Client are deemed to be under the direction and control of the Client for the duration of the Assignment. The Client will comply in all respects with all relevant statutes, bye-laws and legal requirements including provision of adequate Employers and Public Liability insurance in respect of the Contractor The Client shall indemnify the Company against any costs, claims, damages and expenses incurred by the Company arising out of the engagement or use of the Contractor by the Client.
8. COMPENSATlON FEES
The engagement by the Client, directly or indirectly, whether under a contract of service or for services or in partnership or under a licence or franchise arrangement (including the reintroduction by or use through another employment agency or consultancy) of any Contractor who has been introduced to the Client by the Company or has been supplied by the Company to carry out an Assignment for the Client during the preceding six month period, or the introduction of such Contractor by the Client to any third party resulting in any such engagement within that period, shall render the Client liable to pay the Company a fee equal to one-hundred-and-eighty-five times the hourly rate at which the Contractor was last supplied to the Client by the Company.
9. TERMINATION OF THE ASSIGNMENT
a) The Client may terminate the Assignment by giving to the Company the notice specified in the written confirmation.
b) Notwithstanding the provisions of sub-clause (a) the Client may terminate the Assignment forthwith by notice in writing to the Company where the Contractor is in wilful or persistent breach of its obligation.
c) The Company may terminate an Assignment forthwith by notice in writing:-
i) if the Client is in wilful or persistent breach of its material obligations under these Terms, or
ii) if the Client becomes bankrupt or has a receiving order or administrative order made against it or is put into liquidation (save for the purposes of reconstruction or amalgamation).
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