Client Terms & Conditions of Business
Supplying Temporary PAYE Staff Services & Locums
1. DEFINITIONS – the following terms shall have the following meanings;–
1.1 “AGENCY” – means FILLINGZ LIMITED, registered company number 8196726
1.2 “APPLICANT” or “TEMPORARY WORKER” – means the person introduced by the Agency to theClient for an Engagement;
1.3 “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;
1.4 “ASSIGNMENT” or “ENGAGEMENT” – means any employment or use of the Applicant by the Client or any third party on a permanent or temporary basis;
1.5 “INTRODUCTION” – means (i) the Client’s interview of a Candidate in person or by telephone, following the Clients instruction to the Agency to search for a candidate or (ii) the passing to the Client of a
curriculum vitae or information which identifies the Candidate and which leads to an Engagement of that Candidate/Applicant;
1.6 Unless the context requires otherwise, references to the singular include the plural;
1.7 The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Applicant to any third party following an introduction;
2.2 These terms contain the entire agreement between the parties and unless otherwise agreed in writing purchase conditions 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 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.
3. CHARGES & FEES
3.1 The Client agrees to pay the hourly charges of the Agency as notified at the commencement of the Assignment or as may be varied from time to time during the Assignment;
3.2 The charges are calculated according to the number of hours worked by the Applicant/Temporary Worker(to the nearest five minutes). These charges comprise the Temporary Workers remuneration, employer’s national insurance contributions;
3.3 The Charges to the Client are invoiced to the client on a weekly basis, and are payable within seven days. The Agency reserves the right to charge interest on any overdue amounts.
4. PAYMENTS OF THE TEMPORARY/LOCUM WORKER
4.1The Agency assumes responsibility for paying the PAYE of the Temporary Worker and where appropriate (not for self employed dentists/hygienists) 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 & Pensions) Act 2003.
5. INFORMATION TO BE PROVIDED
5.1 When making an Introduction of a Temporary Applicant to the Client the Agency shall inform the Client of the identity of the Temporary Applicant and that the Applicant has the necessary and/or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment, and that the Applicant is willing to work on the Assignment.
6.1 At the end of each assignment, the Client shall sign the Agency’s time sheet verifying the number of hours worked by the Temporary Worker during that period;
6.2 The Clients signature indicates satisfaction with the services provided. The Client shall not be entitled to decline to authorise a timesheet on the basis that s/he is dissatisfied with the work performed by the Temporary applicant. In cases of unsuitable work the Client should apply the provisions of clause 9 below.
7. TRANSFER & INTRODUCTION FEES
7.1 Transfer fees where a worker has been supplied;
7.1.1 In the even of the Engagement by the Client of a Temporary Worker supplied by the Agency as a permanent employee the Client may elect to either;
a) An extended period of hire of the Temporary worker being 8 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3.1 for each hour the Temporary worker is so employed or supplied or;
b) A fee calculated as 7% of the remuneration application during the first 12 months of the permanent employment. No refund of the Transfer Fee will be paid in the event that the employment is
7.1.2 Introduction fees were a worker is introduced but not supplied
126.96.36.199 In the event that there is an Introduction of a Temporary Worker to the Client which results in the engagement of the Temporary Worker by the client as a permanent employee without any intervening period of Temporary work with the client. The Client shall pay a fee of 7 % of the Remuneration applicable during the first 12 months of the Employment or, if the actual amount of the Remuneration is not known,the hourly charges agreed pursuant to clause 3.1 multiplied by 150 No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates.
8.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant. The Agency does not exclude liability for death or personal injury arising from its own negligence.
8.2 Temporary Workers supplied by the Employment Business are engaged under contracts for services.
They are not the employees of the Employment Business but are deemed to be under the supervision,direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by– laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments.
9.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment by directing the Agency to remove the Temporary Worker. The Agency may, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker.
9.2 Cancellations of a temporary workers assignment must be given by 5pm on the proceeding day of the booking, or a minimum charge of 4 hours will be invoiced, this is 24 hours notice before scheduled shift start time for dentist and hygienists.
9.3 All temporary assignments will be charged at a minimum 4 hours.
10.1These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
11. GENERAL DATA PROTECTION REGULATIONS
11.1 Candidate data is supplied for the purpose of providing recruitment services only. Consent to communicate with candidates is not transferred through any direct introduction by the Agency..
11.2 Client data and candidate data is securely and compliantly held within our recruitment software and database. Only authorised members of the Fillingz Limited Recruitment team have access to it. 11.3 Client data is only shared with Candidates for the purpose of regular recruitment activities.
11.4 Fillingz Limited acts as a data controller. Data processing is handled by our GDPR compliant software systems (Eclipse Recruitment Manager v4.0) and processes.