Silver Teal Cooks - Terms and Conditions
Valid from 1st March 2008
1.1 In these Terms of Business the following definitions apply:
"Company" means Silver Teal Cooks, 28/3 London Street, Edinburgh, EH3 6NA
"Applicant" means the person introduced by the Company to the Client for an Engagement.
"Client" means the person, firm, organisation or corporate body to whom the Applicant is introduced.
"Engagement" means the engagement, employment or use of the Applicant by the Client on a permanent or short term basis whether under a contract of service or for services under an agency licence franchise or partnership agreement or any other engagement.
"Introduction" means the notification by telephone, fax or otherwise of the name and any further details of an Applicant by the Company to the Client upon request of the Client to search for an Applicant which leads to an Engagement of the Applicant by the Client.
1.2 References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it.
1.3 The headings contained in these Terms are for convenience only and do not affect the interpretation.
2.0 THE CONTRACT
2.1 These Terms of Business are deemed to have been received and accepted by the Client by virtue of an Introduction to or the Engagement of an Applicant.
3.0 ENGAGEMENT AND FEES
3.1 The Client shall notify the Company immediately of an offer of Engagement to the Applicant which has been accepted by the Applicant and where applicable provide details of the Applicant's gross annual salary.
3.2 The fee payable to the Company by the Client for an Introduction resulting in an Engagement is calculated in accordance with the accompanying Scale of Fees or such other scale of fees as shall be notified to the Client.
3.3 No fee is incurred by the Client until the Applicant commences the Engagement when the Company will render an invoice to the client for its fees.
3.4 The Company reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 10% per month charged on a daily basis from the due date until the date of actual payment.
3.5 The re-Engagement by a Client of an Applicant introduced by the Company within a period of 2 years from the end of the last Engagement of the Applicant through the Company or the Introduction by the Client of an Applicant to any third party resulting in an Engagement (or, where applicable, if the Applicant has become incorporated under a limited company, the Engagement of that limited company) renders the Client and/or third party liable to the payment of an introduction fee in accordance with the current scale of fees.
3.6 Where the client fails or refuses to inform the Company of the Applicant's salary the Company shall use a notional salary which in the opinion of the Company reflects the appropriate salary level for the Engagement for the purpose of calculating its fees. The notional salary shall be calculated by multiplying a standard daily rate of £115 by an appropriate multiple not exceeding 300.
4.0 SUITABILITY
4.1 All Applicants are interviewed and carefully selected by the Company but the Client is advised to satisfy itself as to the suitability of the Applicant and to take up any references provided by the Applicant and /or the Company before engaging such Applicant. The Client shall be responsible for obtaining work or other permits if required and satisfying any other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
5.0 LIABILITY
5.1 The Company 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 Company seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Company to introduce an Applicant. For the avoidance of doubt the Company does not exclude liability for death or personal injury arising from its own negligence.
6.0 CLIENT'S RESPONSIBILITIES
6.1 Terms regarding pay, duties, hours, holidays, length of notice should be agreed between the Client and the Applicant before the Applicant commences employment.
6.2 The Client is responsible for P.A.Y.E, Income Tax and National Insurance deductions on behalf of the Applicant as an employee in addition to liabilities as an employer.
The Company is an equal opportunities employer.
Silver Teal Cooks
28/3 London Street
Edinburgh EH3 6NA
