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Terms and Conditions for the Supply of Temporary Personnel

These Terms and Conditions of Business are between Jobsearch North West Ltd, 25 Bridge Street, Burnley (hereinafter called “Jobsearch” ) the Employment Business and the Employer ( hereinafter called the “Client” ) and are deemed to be accepted by the Client by virtue of an interview or engagement of a Temporary Employee ( hereinafter called the “Employee” ) introduced by Jobsearch.

1.1 The Client shall pay the agreed hourly charge in respect of each person supplied by Jobsearch advised at the time of the booking of the Temporary Employee for all hours actually worked and to sign a time-sheet in respect thereof. Hourly charges include the temporary workers hourly rate of pay, employers NI contributions, statutory holiday pay element and the Employment Business’ commission. Traveling, hotel or other expenses as may be agreed shall be itemized on the Jobsearch invoice in addition to this charge. These charges will be those in force at the time of the assignment, no variation or alteration to these charges or terms shall be valid until the details of such variations are agreed between the Employment Business and the Client and are set out in writing with such a copy provided to the Client, specifying the details of the variations and the date they from which they shall apply . Details of charges are available on application and are calculated on the agreed hourly basis at rates varying according to the number of hours required in any one week and are subject to Value Added Tax at the appropriate rate. Invoices are sent weekly and are payable within THIRTY DAYS of receipt. Jobsearch reserve the right to charge interest at Bank Base rate on accounts overdue.

1.2 No refunds are payable in respect of the charges of the Employment Business.

2 .Jobsearch assumes responsibility for payment of remuneration, deduction and payment of all statutory contributions in respect of Earnings Related Insurance and the administration of Schedule E Income Tax (PAYE) applicable to the Temporary Employee as required by law.

3.1 In the event of the Engagement by the Client of a Temporary Worker supplied by Jobsearch either (1) directly by the Client or(2) pursuant to being supplied by another employment business, during the Assignment or within whichever is the longer of either 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or 8 weeks from the day after the last day the Temporary Worker worked on the Assignment, the Client shall be liable, subject to electing upon giving 7 days notice, to either: (a) An extended period of hire calculated in proportion to the number of weeks the Temporary Worker has been supplied to the client prior to the notice date in accordance with the accompanying schedule of extended hire periods set out below, during which the Client shall pay the charges agreed pursuant to clause 1 above for each hour the Temporary Worker is so employed or supplied; or (b) A Transfer Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement, less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates, or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 1 multiplied by 400 less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

SCHEDULE OF EXTENDED HIRE PERIODS

Number of weeks the Temporary Worker has been supplied to the Client prior to the notice date

0

1

2

3

4

5

6

7

8

9

10

11

12

Extended Hire Period (in weeks)

12

11

10

9

8

7

6

5

4

3

2

1

0

SCHEDULE OF TRANSFER FEE REBATES

Number of weeks the Temporary Worker has been supplied to the Client prior to the notice date

0

1

2

3

4

5

6

7

8

9

10

11

12

Transfer Fee Rebate (as a % of the Fee set out in Clause 7.1(b))

0

5

7

10

20

30

40

50

60

70

80

90

100

3.2 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by Jobsearch to the Client, but which leads to an Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another employment business within 6 months from the date of Introduction the Client shall be liable, subject to electing upon giving 7 days notice, to either: (a) period of hire of the Temporary Worker being 12 weeks during which the Client shall pay the hourly charges agreed pursuant to clause 1 above for each hour the Temporary Worker is so employed or supplied; or (b) An Introduction Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 1 multiplied by 400. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due. There are no rebates or reductions of extended periods in respect of charges arising under clauses 3.2 (a) and (b) above.

3.3 If the client does not give such notice, as outlined in Clauses 3.1 and 3.2, before the Temporary Worker is Engaged the parties agree that the Fee in Clauses 3.1(b) or 3.2(b) shall be due.

4. Every effort is made by Jobsearch to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from a Temporary Employee and further to provide them in accordance with the booking details. No liability whatsoever will be accepted by Jobsearch for any loss, expense, damage of delay arising from any failure to provide any particular Temporary Employee for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Employee provided.

5. Jobsearch shall not be liable under any circumstances for any loss damage or expense whatsoever, suffered or incurred by the Client arising from or in any way connected with the supply by Jobsearch to the Client of any person or the use by the Client of the services of any person for all or any part of the period of a booking by the Client.

6. The Client undertakes to supervise the workmanship of the Temporary Employee but if the services of the Temporary Employee prove to be unsatisfactory, Jobsearch may reduce or cancel the charge for the time worked by the Temporary Employee provided that the Temporary Employee leaves that assignment immediately and that notification which must be confirmed in writing is received either: a. within four hours of the Temporary Employee commencing duties where the booking is for more than seven hours or b within two hours for bookings of seven hours or less.

7. A Temporary Employee provided by Jobsearch is deemed to be under the exclusive direction and control of the Client from the time the worker reports to take up duties and for the duration of the assignment and the Client agrees to be responsible for all acts, errors and omissions be they willful, negligent or otherwise as though the worker were on the payroll of the Client, the Client accepts responsibility for all on site health & safety, risk assessment matters and the Client will in all respects comply with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of the Clients own staff, but excluding the matters specifically mentioned in condition 2 above.

8. The Client is deemed to comply with all Health & Safety legislation and/or regulations and is responsible for the safety of the temporary employee as though the temporary employee were employed by the client. Jobsearch accept no responsibility in respect of any accident, injury or other claim howsoever arising from the temporary employee during the period of the Contract. The client must have appropriate insurance cover in respect of the temporary employee during the period of the Contract and must indemnify Job search to the full extent of any claim made against them by the temporary employee in respect of loss during the period of Contract. Conditions 5, 6 & 7 herein also apply.

9. Alterations to these Terms & Conditions of Business can only be accepted if confirmed in writing by Jobsearch.

10. The client, under GLA regulations, allows Jobsearch reasonable access to the place of work, for the purpose of assessing relevant H & S matters.

11. The Client cannot employ Temporary Workers from Jobsearch to replace other workers involved in an official Trade Union dispute.