terms & conditions
RIGHTCHEF: TERMS AND CONDITIONS OF BUSINESS FOR THE RECRUITMENT OF PERMANENT STAFF
Agreement
1) These Terms and Conditions of Business (the "Terms") shall form the entire agreement made between Rightchef and the Employer Client (the "Client") to whom Rightchef shall supply the services.
2) Rightchef acts as an employment agency in the recruitment of permanent staff.
3) These Terms and Conditions shall be deemed to be accepted by the Client by virtue of the introduction, interview or engagement of an applicant (the "Applicant") (the term engagement includes the employment or use by the Client or any subsidiary or associated company of the Client, as defined by the Companies Act 1985, whether under a contract of service or for services, or under an agency, licensee, franchise or partnership agreement).
4) An introduction being effected when Rightchef provides a curriculum vitae and/or information whether verbal, electronic, digital, in writing or otherwise sufficient to identify the Applicant to the Client.
5) These Terms shall supersede any previous Terms for the recruitment of permanent staff.
6) These Terms represent the entire agreement between the parties and shall prevail over any terms of business or purchase conditions proffered by the Client and shall not change, alter or supersede any other agreement for other services provided by Rightchef which may be the subject of a separate agreement between Rightchef and the Client.
General Obligations
7) Upon receipt of instructions from the Client, Rightchef shall introduce an Applicant to the Client (the "Services").
8) Rightchef will use all reasonable endeavours to ensure the suitability of the Applicant to meet the Client's stated requirements. Notwithstanding, the Client shall satisfy himself as to the suitability of the Applicant, including the checking of any references provided either by the Applicant or Rightchef before engaging the Applicant.
9) The Client shall be responsible for obtaining work or other permits, and for the arrangement of any medical examination or screening of the Applicant's medical history.
10) Rightchef shall not be liable under any circumstances for any loss, expense, damage suffered or incurred by the Client arising from or in any way connected with the provision of the Service by Rightchef, save to the extent that the Company has been negligent.
Fees and Payment Terms
11) The Client shall notify Rightchef immediately an offer of employment is accepted by the Applicant, confirm the date the Applicant will commence work (the "Start Date") and shall provide forthwith full details of the Remuneration. Rightchef shall then render an invoice for the Services (the "Fee") and any other expenses. The Client shall pay the invoice, which shall become due on receipt.
12) The Fee will be charged in relation to any Applicant engaged by the Client or any subsidiary or associated company of the Client, as a consequence of, or resulting from, an introduction by or through Rightchef, even though the introduction may be made indirectly by another party.
13) The Fee payable to Rightchef by the Client shall be calculated as a fixed percentage of the first year's total remuneration of the Applicant, which includes the basic taxable pay plus all guaranteed and/or anticipated bonuses and commission earnings, inducement payments, allowances including accommodation and car allowances, benefits including the use of accommodation and a company car, and all other payments and emoluments that form part of the gross taxable pay. The Fee payable, exclusive of VAT, is based on the starting annual gross salary as follows:
10% of annual gross salary
Note: Where a car or car allowance is provided, the sum of £2000 (or the car allowance amount, whichever is greater) will be added to the first year's total remuneration.
14) Time of payment shall be of the essence and if any payment has not been paid within 14 days of the date of the invoice, Rightchef shall be entitled to:
a) Cancel the Client's entitlements detailed in Clauses 15 and 16 below and/or
b) Charge interest on any overdue payments at the rate of 3% above the base rate from time to time of Lloyds TSB and/or
c) Charge on an indemnity basis for all collection costs incurred as a result of instructing a solicitor or collection agency to recover the outstanding payment.
Replacement Guarantee
15) (a) Subject to the provisions of Sub-clause 15(b) below, if the Applicant leaves the Client's employment within 12 weeks of the Start Date, Rightchef will use reasonable endeavours to introduce another Applicant to the Client as soon as practicable. A similar replacement guarantee will apply in respect of the second Applicant.
(b) This replacement guarantee is conditional upon:
(i) The invoice having been paid within 14 days of the invoice date.
(ii) The Client notifying Rightchef within 7 days of the Applicant leaving the Client's employ.
Refunds
16) (a) Subject to the provisions of Sub-clause 16(b) below, if the Client does not want a replacement Applicant, then a rebate will be given in accordance with the following scale based upon the elapse of time between the Start Date and the date Rightchef was notified that the Applicant had left the Client's employ.
Period (Weeks) Rebate
0 to 12 100%
(b) The refund entitlement is conditional upon:
(i) Outstanding invoices having been paid within 14 days of the invoice date.
(ii) The Client notifying Rightchef within 7days of the Applicant leaving the Client's employ.
Placement Fees
17) Introductions are confidential. A Placement Fee calculated in accordance with Clause 13 above, shall be payable by the Client to Rightchef (with no entitlement to a refund) where:
(i) The Client or any subsidiary or associated company of the Client subsequently re-engages the Applicant within the period of 6 calendar months from the date of termination, or withdrawal of the offer, or
(ii) The introduction is passed to a third party, which results in an engagement of the Applicant.
Value Added Tax
18) VAT will be added to all charges due under this contract at the rate prevailing at the time of supply.
Jurisdiction
19) The contract between the parties is governed by the Laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
20) If any clause contained in this contract is unenforceable it shall not have effect on the remainder of the contract.
I acknowledge that, having due authority, I agree with and accept Rightchef's Terms and Conditions of Business shown above.
Establishment
Represented by (print name)
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Signature
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