Terms of business

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    1. DEFINITIONS

    • 1.1. In these Terms of Business the following definitions apply:
    • “Applicant” means the person introduced by the Agency to the Client for an engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff;
    • “Assignment” means the period during which the Temporary Worker is supplied by the Employment Business to render services to the client;
    • “Client” means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
    • “Agency/Employment Business” means Check Recruitment Ltd. of Unit 207 Victory Business Centre, Somers Road North, Portsmouth, Hants PO1 1PJ
    • “Engages/Engaged/Engagement” means the engagement, employment or use of the Applicant/Temporary Worker by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee;
    • “Introduction” means (i) the Client’s interview of an Applicant/Temporary Worker in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Applicant;
    • “Temporary Worker” means the individual who is introduced by the Employment Business to render services to the Client.
    • “Transfer Fee” means the fee payable in accordance with clause 5 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
    • “Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments.
    • 1.2. Unless the context requires otherwise, references to the singular include the plural.
    • 1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

    2. EMPLOYMENT AGENCY

    • 2.1. These Terms and Conditions of business are between Check Recruitment Ltd. and the client
    • 2.2. The placing of a vacancy with Check Recruitment Ltd. by the Client shall be deemed Acceptance of our Terms & Conditions.

    3. NOTIFICATION & FEES

    • 3.1. The Client agrees:
    • a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
    • b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and to pay the Agency’s fee within 14 days of the date of invoice.
    • 3.2. The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 8% per annum from the due date until the date of payment.
    • 3.3. The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the attached Fee Structure on the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable.
    • FEE STRUCTURE
      Charge rate % of annual starting salary
      • Minimum Fee = 2% + VAT
      • Up to £25,000 = 14% + VAT
      • £25,001 and above = 16% + VAT
    • 3.4. In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.3. will apply pro-rata. 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.
    • 3.5. If the Client subsequently engages, re-engages or passes onto any third party the Applicant within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.3 above becomes payable furthermore rights to trial periods, guarantees and refunds will be waived.

    4. REBATES

    • 4.1. If a Candidate’s engagement with the Client is terminated by either party within 12 weeks of the date of commencement (including notice period) the Client will be entitled to a refund of the introduction fee as follows:
    • REBATE STRUCTURE
      Up to 2 weeks 100%
      (Less £100 Admin Fee)
      • 3 - 4 weeks = 50 %
      • 5 - 8 weeks = 25 %
      • 9 - 12 weeks = 10%
    • Provided that:
    • a) the fees payable by the Client pursuant to clause 3 has been duly paid within 14 days of the date of invoice.
    • b) the Client has notified Check Recruitment Ltd. in writing within 7 days of the date of cessation of the engagement.
    • c) termination of the engagement is lawful and not by way of redundancy, pregnancy, injury or ill health.

    5. OUR TERMS

    • 5.1. The client shall satisfy itself as to the suitability of the applicant and take up any references provided by the applicant before engaging the applicant. The client is responsible for obtaining work permits and/or such other permissions to work as may be required, for the arrangement of medical examinations and/or investigations into medical history of the applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the applicant is engaged to work.
    • 5.2. Check Recruitment Ltd. shall not be liable under any circumstances for any loss, damage, expense, delay, cost or compensation that may be suffered or incurred by the client arising from or in any way connected with Check Recruitment Ltd. seeking an applicant for the client or from failure to introduce any applicant.

    6. EMPLOYMENT BUSINESS

    • 6.1. The placing of a vacancy with Check Recruitment Ltd. by the Client shall be deemed Acceptance of our Terms & Conditions.
    • 6.2. The Client agrees to pay such hourly charges of the Employment Business as shall be notified to and agreed with the Client. The hourly charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour) and comprise mainly the Temporary Worker’s hourly rate but also include the Employment Business’ commission calculated as a percentage of the Temporary Worker’s hourly rate, employer’s National Insurance contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges
    • 6.3. The charges are invoiced to the Client on a weekly basis and are payable within 14 days. The Employment Business reserves the right to charge interest on any overdue amounts at the rate of 8% per annum from the due date until the date of payment.
    • 6.4. There are no rebates payable in respect of the charges of the Employment Business.
    • 6.5. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Employment Business’ time sheet verifying the number of hours worked by the Temporary Worker during that week. An email from an authorised member of the Client shall constitute verification of hours.
    • 6.6. Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the Temporary Worker because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
    • 6.7. The Client shall not be entitled to decline to sign a time sheet on the basis that he is dissatisfied with the work performed by the Temporary Worker.
    • 6.8. The Employment Business assumes responsibility for paying the Temporary Worker and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
    • 6.9. In the event of the engagement of a temporary worker supplied by the employment business either directly to the client or by the client pursuant to being supplied by another employment business, within a period of 12 weeks the client shall be liable to either:
    • a) A transfer fee as per clause 3 of section A. Employment Agency above or
    • b) In the event that the salary cannot be accurately established, the introduction fee will be 240 times the hourly rate at which the temporary worker was last supplied to the client.
    • 6.10. As the temporary worker is not under the direct control of the employment business, the employment business shall not be liable under any circumstances for any loss, damage, expense, delay, cost or compensation that may be suffered or incurred by the client arising from or in any way connected with the employment business seeking an applicant for the client or from failure to introduce any applicant.
    • 6.11. The client undertakes to supervise the temporary worker sufficiently to ensure the clients satisfaction with the temporary worker’s standard of work. If the client reasonably considers that the services of the temporary worker are unsatisfactory, the client may terminate the assignment either by instructing the temporary worker to leave the assignment or by contacting Check Recruitment within 4 hours of the commencement of the assignment. In such circumstances the employment business may at its discretion offer a reduction or cancellation of charges.
    • 6.12. All information relating to a temporary worker is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to temporary workers. Such information must not be used for any other purposes nor divulged to any third party and the client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times.
    • 6.13. All notices which are required to be given in accordance with this agreement shall be given in writing and will be deemed accepted unless a written confirmation of nonacceptance is received within 30 days of any such notice.

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