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Terms & Conditions

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This Terms & Conditions Contract is between an employer/client, herein after to be called the ‘Client’ t/a  Belles & Beaus Nanny Agency the owner of Belles & Beaus Nanny Agency. A Client is defined as a person(s) who approaches Belles & Beaus Nanny Agency either via verbal or written instruction and requests Belles & Beaus Nanny Agency to introduce the Client to a Nanny, Maternity Nurse, Mother’s Help (or any other childcare professional requested), herein after to be called the ‘Candidate,’ for the purpose of employment.

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If you do not choose to hire one of our nannies there will be no fee payable.

 

By registering with Belles & Beaus Nanny Agency either verbally or through written instruction the Client accepts and wholly understands Belles & Beaus Nanny Agency’s Terms & Conditions of Business.  Any and all business undertaken by Belles & Beaus Nanny Agency is transacted subject to the conditions herein set out, each of which shall be incorporated and implied by any agreement with Belles & Beaus Nanny Agency.

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Services

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Belles & Beaus Nanny Agency will introduce a Candidate to carry out work for the Client of such nature as notified by the Client.  Upon placing this request, the Client will specify its exact requirements by providing the full details of the work for which the Candidate is needed to carry out. The Client shall notify Belles & Beaus Nanny Agency immediately should it choose to engage a Candidate introduced or supplied by Belles & Beaus Nanny Agency.  As a result of such engagement, the Client agrees to pay a placement fee in accordance with Belles & Beaus Nanny Agency’s Fee Structure. The introduction of a Candidate to a Client by Belles & Beaus Nanny Agency, directly or indirectly, is confidential and such introductions are made individually.  If the Client or a member of the Client’s staff or any acquaintance or associate of the Client, passes on an introduction to any other person or persons within six months of the Candidate’s introduction to the Client by Belles & Beaus Nanny Agency, resulting in the engagement of the Candidate, the Client shall be liable for payment of the full fee in accordance with the Belles & Beaus Nanny Agency’s Fee Structure for permanent placements.

 

Belles & Beaus Nanny Agency is run by experienced nanny recruitment consultants each with substantial experience in successful nanny placements and endeavours to ensure, but cannot not guarantee, the suitability of any candidate introduced by Belles & Beaus Nanny Agency to the Client.  Suitability includes, but is not limited to, a Candidate’s character, honesty, reliability or professional capacity.  Belles & Beaus Nanny Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by Belles & Beaus Nanny Agency. We do arrange enhanced DBS’s and paediatric first aid courses for our successfully placed permanent candidates if the certificates they hold in both are over a year old. However, we are unable to accelerate the enhanced DBS return once we have submitted it and it is in progress. In these circumstances (if the nanny’s start date is before it is returned) we will run a List 99 pre-employment check which will be back before they start. If we are unable to arrange for the nanny to do a paediatric first aid course before the start date we will ensure that it is booked for as soon as possible after the start date. These are six or twelve hour courses that are Ofsted recognised.

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Our Full Refund Scheme

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If a Candidate engaged in permanent employment by the Client does not remain in the Client’s employment for at least two weeks or has their employment terminated by the Client within two weeks of commencement, Belles & Beaus Nanny Agency will provide a refund of placement fee excluding a £300 administrative fee, if all the following conditions are met:-

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  1. The Client notifies Belles & Beaus Nanny Agency within 24 hours of the Candidate’s notice of termination.

  2. The Client paid Belles & Beaus Nanny Agency’s placement fee in full within 14 days of the invoice date, or by the start date (whichever is the soonest)

  3. The Client has not changed the Candidate’s location of employment, the hours originally agreed by the Candidate and Client or the original job description and has provided the Candidate with an employment contract.

  4. The Client did not terminate the Candidate’s employment or the Candidate did not resign due to unreasonable demands placed upon the Candidate by the Client or for reasons stated above in ‘3’.

  5. The Client still intends to employ a Nanny.

  6. The Client has allowed Belles & Beaus Nanny Agency 4 weeks (commencing from the date the Client notified Belles & Beaus Nanny Agency of the original Candidate’s resignation or notice of termination) as sole Agency engaged by the Client to recruit a suitable replacement Candidate to be engaged by the Client and the Client has not taken on another Nanny.

  7. The client has arranged and provided all necessary work permits/visas for the nanny if she/he is asked to accompany the family overseas for any reason.

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If the Client has not met the above conditions (1) to (6) Belles & Beaus Nanny Agency, the Client is responsible for full payment of the initial placement’s invoice and no refund is due.  Should the Client find the Candidate unsuitable and still retains the Candidate under their employment, Belles & Beaus Nanny Agency will offer no refund to the Client. 

If it is temporary employment we do not normally offer a refund (unless there are exceptional circumstances with prior agreement) if the nanny has started with the family.  Agency fee is £25 per day.

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Fee Structure

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The Client holds full responsibility for informing Belles & Beaus Nanny Agency immediately upon enlisting the Candidate’s services whether the Client intends to engage a Candidate on a permanent or temporary basis.  Unless specifically stated by the Client, a request for a permanent Candidate will be assumed by Belles & Beaus Nanny Agency, and the applicable fee will be charged to the Client.

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1. Should the Client choose to engage a Live-In Candidate for permanent employment within the UK, Belles & Beaus Nanny Agency charges a standard fee equal to 6 weeks of the Candidate’s net salary  if paid within 14 days of the invoice being issued. If payment has not been fully settled by 14 days of the invoice being issued OR by the commencement of the nannies employment (whichever is the soonest) then an additional 15% will be added to the invoice and it may delay the start date of the nanny and will affect the refund policy.

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2. Should the Client choose to engage a Live-Out Candidate for permanent employment within the UK, Belles & Beaus Nanny Agency charges a standard fee equal to 2.5 weeks of the Candidate’s net salary if paid within 14 days of the invoice being issued. If payment has not been fully settled by 14 days of the invoice being issued OR by the commencement of the nannies employment (whichever is the soonest) then an additional 15% will be added to the invoice and it may delay the start date of the nanny and will affect the refund policy.

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3. Should the Client choose to engage a Candidate for employment abroad, Belles & Beaus Nanny Agency charges a standard fee of 17.5% of the Candidate’s annual net salary if paid within 14 days of the invoice being issued. If payment has not been fully settled by 14 days of the invoice being issued OR by the commencement of the nannies employment (whichever is the soonest) then an additional 15% will be added to the invoice and it may delay the start date of the nanny and will affect the refund policy. It is the employer’s responsibility to check about and provide all relevant work permits/visas if the nanny is asked to accompany the family overseas for any reason whatsoever. Belles & Beaus Nanny Agency cannot be held responsible for arranging or advising over this issue.

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4. Should the Client wish to engage a Candidate for temporary employment, a fee of £25 per week night/day and £50 per weekend and bank holiday night/day will be charged if paid within 3 days of invoice being issued or by commencement of employment whichever is the soonest. (a day or night is seen as any period worked within 24 hours) All fees not settled in accordance with Belles & Beaus Nanny Agency’s Terms & Conditions of Business are subject to an additional 15% surcharge on each re-invoice which may occur every 7 days (The minimum fee payable to Belles & Beaus Nanny Agency for a temporary placement is £250).  Belles & Beaus Nanny Agency will invoice the client in advance on a monthly basis for temporary placements. If the terms set out in our terms and conditions are not met it may delay the start date of the nanny.

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5.  The Client is responsible for paying any temporary Candidate separately and directly.  Should any temporary employment of a Candidate introduced (directly or indirectly) by Belles & Beaus Nanny Agency be extended or made permanent within 3 years of Belles & Beaus Nanny Agency’s introduction of the Candidate to the Client, the Client is required to pay the difference between the original ‘temporary candidate’ fee charged and the actual fee that is due on the new time period of employment.

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6.  There are no refunds due should the Client cancel the booking or reduce the days required once the booking has been made and confirmed on both sides. In cases where a Candidate is employed for specified dates but continues to work for the Client afterwards or is allowed to remain in the household on a paid or unpaid basis beyond the specified dates, then the Client will be charged the appropriate additional fee. The client will be liable to pay the nanny the agreed rate for days they have booked even if they cancel them.

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7. Work permits and Visas. It is the employer’s responsibility to check about and provide all relevant and necessary work permits/visas if the nanny is asked to accompany the family overseas for any reason whatsoever and for any length of time. Belles & Beaus Nanny Agency cannot be held responsible for arranging or advising over this issue.

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7. Belles & Beaus Nanny Agency will issue an invoice after the Client has accepted a Candidate – verbally or through written instruction – for employment.  Fees for temporary placements are payable by the Client within 3 days of the invoice being issued. For all fees not settled in accordance with Belles & Beaus Nanny Agency’s Terms & Conditions of Business are subject to an additional 15% surcharge on each re-invoice which may occur every 7 days.  This is cumulative and will be added to each invoice until it is paid. Fees for permanent placements are payable by the Client within 14 days of the invoice being issued or advance of the booking commencing, whichever soonest.   For all fees not settled in accordance with Belles & Beaus Nanny Agency’s Terms & Conditions of Business are subject to an additional 15% surcharge on each re-invoice which may occur every 7 days.  This is cumulative and will be added to each invoice until it is paid.

No VAT is charged.

 


Employment Contract & Client Responsibility

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Should the Client wish to interview and/or employ a Candidate outside of Hertfordshire, Bedfordshire, Buckhinghamshire, Cambridgeshire, Essex or London, the Client is responsible for paying all travel expenses incurred by the Candidate for the return travel.

Belles & Beaus Nanny Agency holds no responsibility for the Client and Candidate’s employment contract and such matters are to be arranged between Client and Candidate. Candidates are required to sign a declaration form providing their consent for their documentation including cv to be sent to all prospective clients. Belles & Beaus Nanny Agency may offer a template Employment Contract, which the Client may use as a guide or point of reference.  Once the contract between Client and Candidate is drawn, the Client is responsible for the submitting a copy to Belles & Beaus Nanny Agency.  This is in line with The Conduct of Employment Agencies and Employment Business Regulations 2003 (effective April 6, 2004). Belles & Beaus Nanny Agency is not liable for any losses, personal injury or death resulting from its negligence.  The Client assumes full legal responsibility for their employee’s Tax and National Insurance deductions.

Additional to Belles & Beaus Nanny Agency taking up references on the Candidate, the Client agrees to also satisfy himself as to the suitability of any Candidate and shall take up any references provided by the Candidate and/or Belles & Beaus Nanny Agency before engaging the Candidate in employment. The Client shall be responsible for obtaining work and other permits for the Candidate where necessary.  It is the responsibility of the Client to inspect original employee documentation as it is not always possible for Belles & Beaus Nanny Agency personnel to do so. Client holds full responsibility for the arrangement of any medical examinations and/or investigations into the medical history of the Candidate and qualifications as may be required by law. The Client shall ensure that any nanny the Client employs has public liability insurance and the Client shall also ensure the Client has employers' liability insurance in force for any nannies the Client employs. 

 

Belles & Beaus Nanny Agency provides a complete service to parents – making the whole process as simple as possible. Additional to finding the ideal experienced nanny for you and your family, we can help you in the following if requested: nanny contracts, nanny pay, nanny tax, paediatric First Aid courses, nanny DBS checks, advice on Ofsted registration, auto enrolment etc. The contract above represents our exact Terms & Conditions of Business.

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Terms of Business for the introduction of permanent or fixed term Contract Staff pertaining specifically to early years foundation settings placements

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1. DEFINITIONS1.1 In these Terms the following definitions apply:“Agency” Belles and Beaus Nannies Ltd registered company no 13533299. Trading as Belles & Beaus Nanny Agency of 86-90 Paul Street, London, EC2A 4NE,  (“the Agency”).

“Cancellation Fee”means the fee payable by the Client to the Agency when the Client withdraws an offer of Engagement made to the Candidate before the Candidate has accepted the offer and which is calculated in accordance with clause 3.9.;

“Candidate”means the person Introduced by the Agency to the Client for an Engagement including any officer, employee or other representative of the Candidate if the Candidate is a corporate body, and members of the Agency’s own staff;

“Client” means the person, organisation or corporate body together with any subsidiary or associated person or corporate body (as the case may be) to which the Candidate is introduced;

“Engagement” means the engagement (including the Candidate’s acceptance of the Client’s offer), employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client, 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; or through a limited company of which the Candidate is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“Introduction”means (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to the Agency to search for a Candidate; and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly;

“Introduction Fee”means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement;

“Remuneration” means the Candidate’s gross base annual salary;

“Replacement Candidate”means any Candidate Introduced by the Agency to the Client to fill the Engagement following the Introduction of another Candidate whose Engagement either did not commence or was terminated during the first 8 weeks of the Engagement;

“Vulnerable Person”means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen.

1.2.Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.

1.3.The headings contained in these Terms are for convenience only and do not affect their interpretation

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THE CONTRACT

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2.1.These terms of business and the attached Schedule(s) (“the Terms”) constitute the contract between the Agency and the Client for the Introduction of permanent or contract staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate to any third party following an Introduction.

2.2.These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.

2.3.No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a Director of the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

2.4.The Agency acts as an employment  agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.

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3. NOTIFICATION AND FEES

3.1.The Client agrees to:

3.1.1.notify the Agency immediately of the terms of any offer of an Engagement which it makes to the Candidate;

3.1.2.notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and;

3.1.3.pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, by the due date for payment in clause 3.2. 3.2.The Introduction Fee calculated in accordance with clause 3.3 below is payable if the Client Engages the Candidate within the period of 12 calendar months from the date of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement, (whichever is the latter).

3.2.1 The Introduction Fee shall be payable within 14 days of the date of the Agency’s invoice which shall be rendered once the Candidate accepts the offer of the Engagement, whether such offer is conditional or not.

3.3.The Introduction Fee is calculated in accordance with the attached fee structure schedule based on the remuneration applicable during the first twelve months of the engagement.

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3.4.Where the actual Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally.

3.5.Where prior to the commencement of the Engagement the Agency and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Introduction Fee will apply pro-rata. If the Client (a) extends the Engagement beyond the initial fixed term or (b) re-Engages the Candidate within 12 calendar months from the date of termination of the agreed period of the fixed term Engagement, then the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable for (a) the extended period of Engagement or (b) the period of the second and any subsequent Engagement, subject to the Client not being liable to pay a greater sum in Introduction Fees than the Client would have been liable for under clause 3.3 had the Candidate first been Engaged for 12 months or more.

3.6.The Client’s obligations under this clause 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.

3.7.VAT is charged at the standard rate on all fees.

3.8.The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.

3.9.If, after an offer of Engagement has been made to the Candidate, the Client decides for any reason to withdraw it prior to the Candidate accepting the Engagement, the Client shall be liable to pay the Agency a Cancellation Fee of £150.

4. REFUNDS

4.2.To qualify for a refund, the Client must comply with the provisions of clause 3.1 and must notify the Agency in writing of the termination of the Engagement or the non-commencement of the Engagement within 7 days of its termination or non-commencement.A refund may not be payable, when:

4.2.1 The candidate is being made redundant, or;

4.2.2 The client has made any unreasonable demands of the candidate

4.2.3 The position has been terminated due to a change in role, hours, duties or work place location.

4.3.For the purposes of this clause 4 the date of termination of the Engagement shall be the date on which the Candidate ceases working or would have ceased working for the Client.

4.4.In circumstances where clause 3.5 applies, the full Introduction Fee is payable and there shall be no entitlement to a refund.

4.5.If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of 12 calendar months from the date of termination then the refund shall be repaid to the Agency. The Client shall not be entitled to any further refunds in relation to the re-Engagement of this Candidate.

5. INTRODUCTIONS TO THIRD PARTIES

Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within 12 months of the Agency’s Introduction of the Candidate to the Client, then the Client will be liable to the Agency for payment of an Introduction Fee calculated in accordance with clause 3.3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.

6. SUITABILITY CHECKS

6.1.The Agency endeavours to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to:

6.1.1.ensure that it would not be detrimental to the interests of either the Client or the Candidate;

6.1.2.ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;

6.1.3.confirm that the Candidate is willing to work in the position; 6.1.4.obtain confirmation of the Candidate’s identity and that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body;

6.1.5.the agency will endeavour to personally interview all candidates. Where this is not possible a SKYPE interview will be carried out and the client informed;

6.1.6.obtain two references. In the event of these references not being obtained the agency will inform the client in writing prior to the candidates start day.

6.2.Notwithstanding clause 6.1 the Client shall be obliged to satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:

6.2.1.taking up any references provided by the Candidate before Engaging the Candidate;

6.2.2.checking the Candidate’s right to work and obtaining permission to work as may be required by the law of the country in which the candidate is engaged to work;

6.2.3.the arrangement of medical examinations and/or investigations into the medical history of any Candidate; and satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.

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6.3.To enable the Agency to comply with its obligations under clause 6.1, the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following: 6.3.1.the type of work that the Candidate would be required to do; 6.3.2.the location and hours of work; 6.3.3.the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position;

6.3.4.any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;

6.3.5.the date the Client requires the Candidate to commence the Engagement;

6.3.6.the duration or likely duration of the Engagement;

6.3.7.the minimum rate of Remuneration, expenses and any other benefits that would be offered;

6.3.8.the intervals of payment of Remuneration;

6.3.9.the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client;

7. CONFIDENTIALITY AND DATA PROTECTION

All information relating to a Candidate is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose 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. In addition, information relating to the Agency’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except for information which is in the public domain.

8. LIABILITY

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 arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.

9. NOTICES

All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.

10. SEVERABILITY

If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

11. GOVERNING LAW AND JURISDICTION These Terms are governed by the law of England & Wales are subject to the exclusive jurisdiction of the Courts of England & Wales.

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Signed for and on behalf of the Client:-

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Print name :-

 

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I confirm I am authorised to sign these Terms on behalf of the client:-

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Date:-

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Terms of Business for the introduction of permanent or fixed term Contract Staff (continued)

 

SCHEDULE: SCALE OF REFUND1. The following scale of refund only applies in the event that the Client complies with the provisions of clause 3.1 of these Terms of Business.2. Where the Applicant leaves during the first 8 weeks of the Engagement, a partial refund of the introduction fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions in clause 4.1.3. A full refund will be given if the Candidate fails to commence employment.Week in which the Applicant leaves % of introduction fee refunded1 - 2 80%3 - 4 60%5 - 6 40%7 - 8 20%3. There will be no refund where the Applicant leaves during or after the 8th week of the Engagement.4. In the event of the Client cancelling the Engagement after an offer of an Engagement has been made to the Applicant the minimum fee specified in clause 5 shall become payable, which shall be calculated as follows: 2 % of the Remuneration where the annual Remuneration is £20,000 or less and 3% of the Remuneration where the annual Remuneration is £20,001or more.

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Privacy Policy

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