Terms of Business - GroupL1
1. DEFINITIONS AND GENERAL 1.1 In these Terms and Conditions the following definitions apply: 1.1.1 "Applicant" means any person, firm or corporation introduced by the Agency to the Client to be considered for an Engagement and includes any officer or employee of the Applicant if the Applicant is a limited company and also includes employees of the Agency who are so introduced; 1.1.2 "Client" means any person, firm or corporation who approaches the Agency with a view to engaging or otherwise employing an Applicant or to whom the Applicant is introduced for the purposes of an Engagement; 1.1.3 "Agency" means Locum Meds trading name for Medical Locum Recruitment Limited (Company Number 10634499, registered office is Suit 1.1, 34 Clarendon Road, Watford, United Kingdom, WD17 1JJ), and/or any of their subsidiary or associated companies or any company part Locum Meds, whether or not that company exists at the time this agreement is entered into;
1.1.4 "Engagement" means the engagement, employment, hire or other use of the Applicant by the Client or any third party on a permanent, temporary or other basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; whether directly or through a limited company of which the Applicant is an officer or employee and "Engaged" shall have a similar meaning; 1.1.5 "Introduction" means (i) the Client’s interview of an Applicant whether in person, by telephone, by video conference or other means and which is subsequent to the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitæ or any other information concerning the Applicant and where that Applicant is subsequently engaged by the client and "Introduced" shall have a similar meaning; 1.1.6 "Remuneration" includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a comp any car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. 1.2 Unless the context requires otherwise, references to the singular include the plural. 1.3 The headings contained herein are included for convenience only and shall not affect the interpretation of the contents hereof in any way. 1.4 These terms and conditions are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England, Wales, Scotland and Northern Ireland. 1.5 These terms and conditions along with Schedule A relating to Fees and Schedule B relating to Refunds shall be deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant by the Client or the passing of any information about the Applicant to any third party following an Introduction. 1.6 No variation or alteration to these terms and conditions shall be valid unless approved by one of our Directors, in writing stating the date on or after which such varied terms shall apply. 1.7 These terms and conditions shall prevail over any other terms and conditions that the Client may proffer. 1.8 In the Agency’s dealings with the Client, it acts as an employment agency. 2. SUITABILITY AND REFERENCES 2.1 The Agency will use its reasonable endeavours to ensure that any Applicant introduced to the Client for the purposes of an Engagement is suitable for the position the Client seeks to fill and, to that end, the Agency will obtain confirmation of the Applicant’s identity and his or her experience, training and qualifications and willingness to accept the Engagement. The Client accepts that no warranty as to the suitability of the Applicant can be given by the Agency. The agency cannot guarantee to find a suitable Applicant for each or any vacancy. 2.2 At the same time as proposing an Applicant to the Client the Agency will reasonably endeavour to inform the Client of such matters in clause 2.1 as they have been able to confirm at the time. 2.3 Prior to introducing or supplying any Applicant to a Client, the Agency will take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law, or by any professional body, which must be satisfied by the Client or the Applicant to enable the Applicant to work for the Client in the position which the Client seeks to fill. 2.4 The Agency will make all such enquiries, as are reasonably practicable, to ensure that it would not be detrimental to the interests of the Applicant or the Client for the Applicant to work for the Client in the position which the Client seeks to fill. 2.5 Notwithstanding the foregoing, the Client shall satisfy itself as to the suitability of any Applicant and the Client shall contact any referees provided by the Applicant to it or the Agency before engaging the Applicant. The Client is ultimately responsible for the decision to engage the Applicant. The Client is solely responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examination s and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permissions required by law of the country in which the Applicant is engaged to work. 2.6 The Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do, the location and hours of work, the experience, training, qualifications and any authorization which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position, and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date upon which the Client requires the Engagement to commence, the duration or likely duration of the Engagement, the minimum rate of remuneration, expenses and any other benefits that would be offered, the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the Engagement with the Client. 2.7 Where the Applicant is required by law, or any professional body to have any qualifications or authorizations to work in the position which the Client seeks to fill or the work involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or otherwise is in need of care or attention, the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorizations of the Applicant, two references from persons not related to the Applicant who have ag reed that the references they provide may be disclosed to the Client. If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event. 3. NOTIFICATION AND FEES 3.1 The Client agrees: 3.1.1 To notify the Agency immediately of its intention to make an offer of an Engagement to the Applicant and provide the Agency with details of the Remuneration. The Agency will make the offer on the Client’s behalf and notify the Client when its offer of an Engagement to the Applicant has been accepted; 3.1.2 To pay the Agency’s fee within 30 days of the date of any invoice presented to the Client by the Agency. An invoice will be due immediately upon commencement of an Engagement. If payment is received late and not within the Agency’s stipulated payment terms, the Client shall lose its entitlement to any previously agreed refund or entitlement to a refund as outlined in the attached ‘Schedule B’ entitled ‘Refunds ‘and shall be liable to pay the full fee outlined in the attached ‘Schedule A’ entitled ‘Fees’. For the avoidance of any doubt, and in the event of any conflict, this clause 3.1.2 shall take precedence over any other agreement between the parties or any representation by the Agency. 3.2 If payment is received late and not within the Agency’s stipulated payment terms, it will exercise its statutory right to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. The Client shall raise any invoice queries’ s, and then confirm these in writing as soon as possible and no later than 14 days of the date of the invoice. If the Agency are not so informed the Client will be required to pay the full invoice value. 3.3 The fee payable to the Agency by the Client following Introduction resulting in an Engagement will be calculated in accordance with attached ‘Schedule A’ entitled ‘Fees’. 3.4 Introductions of Applicants and all information relating thereto are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction shall render the Client liable to payment of the Agency’s fee as set out in Schedule A with no entitlement to any refund. 3.5 An introduction fee calculated in accordance with Schedule A will be charged in relation to any Applicant engaged by the Client as a consequence of or resulting from an Introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency’s Introduction. 4. ADVERTISING CHARGES Not Applicable Not Applicable 5. WORK PERMIT CHARGES 5.1 Where the Agency or its agents agree to assist the Client to obtain a work permit for any Applicant, all charges incurred in relation to obtaining that work permit are payable by the Client. Such charges are payable within 14 days of the date of any invoice presented to the Client. The Client shall pay any charges in respect of disbursements to be incurred or which have been incurred immediately upon demand by the Agency. 6. REFUNDS 6.1 Any refund or replacement entitlements are outlined in the attached ‘Schedule B ’entitled ‘Replacement & Refunds’. 7. LIABILITY 7.1 Neither the Agency nor any of its staff shall be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected to an Introduction or Engagement and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with: 7.1.1 failure of the Applicant to meet the requirements of the Client for all or any of the purposes for which he is required by the Client; 7.1.2 any act or omission of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; 7.1.3 any loss, injury, damage, expense or delay incurred or suffered by an Applicant PROVIDED THAT nothing in this clause shall be construed as purporting to exclude or restrict liability of the Agency to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability or any exclusion or limitation which is prohibited by law. 7.2 In consideration of the Agency entering into an agreement with the Client into which these Terms are incorporated, the Client hereby undertakes to indemnify the Agency in respect of any and all liability of the Agency for: 7.2.1 any loss, injury, expense or delay suffered or incurred by an Applicant, howsoever caused; and 7.2.2 any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; PROVIDED THAT this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an Introduction or Engagement. 7.3 The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Agency set out in these Terms are reasonable and reflected in the fee payable to the Agency under these Terms and shall accept risk or insure accordingly. SCHEDULE A – FEES 1.1 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the following fee structure based on the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable. Remuneration A charge of 7.5% will be applicable on the first years annual salary offered to the candidate and will be invoiced on the start date 1.2 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 1.1 will apply pro-rata according to the following fee structure. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner. Contract Duration Fee Up to 6 months 50% of Fee 6-12 months 50-100% of Fee prorated on number of months from 6 –12 dependent on contract duration. 1.3 Except in the circumstances set out in 1.5 below, the Client incurs no fee until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees. 1.4 Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with 1.1 above on the appropriate level of reasonable remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions plus a further 7.5%. The Agency will, in its sole discretion, grant a rebate to the Client if the latter is able to demonstrate to the Agency’s satisfaction and within one calendar month of the Engagement commencing that the Applicant has received a lower level of remuneration than was estimated. 1.5 If the Client subsequently engages the Applicant within the period of 6 calendar months from the withdrawal of the offer, a full fee double the amount calculated in accordance with clause 1.1 (Schedule A – Fees) above becomes payable and there shall be no entitlement to any refund. SCHEDULE B – REPLACEMENT & REFUNDS 1.1 If the Engagement terminates before the expiry of 10 weeks (including any relevant notice period) from its commencement and the termination is not for reason of the Applicant having been made redundant or having been wrongfully dismissed or unfairly dismissed by the Client, the Agency will use its reasonable endeavours to find a suitable replacement Applicant for the Client and will do so at no extra charge to the Client provided that the Client has paid the Agency all amounts that are due to it under these terms and conditions, that such payments were made on time and that the Client notified the Agency in writing of the termination within 7 days of its occurrence. 1.2 If the Agency cannot find a suitable replacement within 8 weeks of being informed of the termination and all of the criteria in 1.1 have been met, then the client will be entitled to a refund in accordance with the scale set out below:
1.3 There will be no refund where the Applicant leaves during or after the 13th week of the Engagement.
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Document Name: Terms of Business - GroupL1
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