For The Introduction Of Permanent Or Contract Staff

1. Definitions

1.1 In these Terms of Business the following definitions apply:

• "Applicant" means the person introduced by us to you for an Engagement including any officer or employee of the Applicant, if the Applicant is a limited company, and members of the Agency's own staff.
• "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.
• "Agency" means Northern Employment Services Limited of Townhead Court, 148 Yorkshire Street, Rochdale, OL16 1LD
• "Engagement" means the engagement, employment or use of the Applicant, in any capacity by you or any third party on a permanent or temporary basis, whether direct or otherwise.
• "Introduction" means:
  (i) your interview of an Applicant in person or by telephone, following your instruction to us to search for an Applicant; or
  (ii) our passing to you of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Applicant.
• "Remuneration" includes base salary or fees, payments and other taxable (and where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or for you.

1.2 Unless the context requires otherwise, references to the singular include the plural.

1.3 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 us and you and are deemed to be accepted by you by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.

2.2 These Terms contain the entire agreement between us and you and unless otherwise agreed in writing by one of the Directors, these Terms of Business prevail over any other Terms of Business or purchase conditions put forward by you.

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

3. Notification & Fees

3.1 You agree:

a) To notify us immediately of any offer of an Engagement which you make to the Applicant;
b) To notify us immediately your offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration, and
c) To pay our fee within 7 days of the date of invoice.

3.2 Except in the circumstances set out in clause 5.1 below you incur no fee until the Applicant commences the Engagement when we will render an invoice to you for our fees.

3.3 We reserve the right to charge interest on invoiced amounts unpaid for more than 7 days at the rate of 4% per annum above the base rate from time to time of the HSBC Bank from the due date until the date of payment.

3.4 The fee payable to us for an Introduction resulting in an Engagement is calculated in accordance with our accompanying scale of fees on Annual Remuneration at commencement of Engagement. VAT is payable in addition to the fee.

3.5 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro-rata. You must tell us if there is any extension of the short-term engagement and pay an additional fee pro-rata. If you subsequently engage or re-engage the applicant within 6 months from the date of termination of Engagement or withdrawal of offer, a full fee calculated in accordance with clause 3.4 is payable, with no entitlement to any refund.

3.6. The Introduction of Applicants is confidential. Disclosure by you to a third party of any details regarding an Applicant introduced by us which results in an Engagement with that third party within 6 months of the Introduction renders you liable to payment of our fee as set out in clause 3.4 with no entitlement to any refund.

4. Refunds

4.1 In order to qualify for the following refund guarantee you must pay our fee within 7 days of the date of invoice and must notify us in writing of the termination of the Engagement within 7 days of its termination.

4.2 If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement our fee will be rebated as set out in our Scale of Fees.

4.3. In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund.

5. Suitability & References

5.1 We endeavour to ensure the suitability of any Applicant introduced to you by obtaining confirmation of the Applicant's identity; that the Applicant has the experience, training, qualifications and any authorisation which you consider necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position you seek to fill.

5.2 When proposing an Applicant to you, we will inform you of such matters in clause 5.1 as we have obtained confirmation of. Where such information is not given in paper form or by electronic means it will be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to you.

5.3 We endeavour to take all such steps as are reasonably practicable to ensure that you and the Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position you seek to fill.

5.4 We endeavour to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either you or the Applicant for the Applicant to work in the position which you seek to fill.

5.5 Notwithstanding clauses 5.1, 5.2, 5.3 and 5.4 above you shall satisfy yourself as to the suitability of the Applicant and you shall take up any references provided by the Applicant to you or us before engaging such Applicant. You are responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.

5.6.1 To enable us to comply with our obligations under clauses 5.1, 5.2, 5.3 and 5.4 above you undertake to provide to us details of the position which you seek to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which you consider necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to you and what steps you have taken to prevent or control such risks. In addition you shall provide details of the date you require the Applicant to commence, the duration or likely duration of the work, the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the applicant would be entitled to give and receive to terminate the employment with you.

6. Special Situations

6.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which you seek to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention. We will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications of the Applicant; two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to you and all other reasonably practicable steps to confirm that the Applicant is suitable for the position. If we are unable to do any of the above we shall inform you of the steps we have taken to obtain this information in any event.

7. Liability

7.1 We 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 you arising from or in any way connected with us seeking an Applicant for you or from the Introduction to or Engagement of any Applicant by you or from our failure to introduce any Applicant. For the avoidance of doubt, we do not exclude liability for death or personal injury arising from our own negligence.

8 Law

8.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

INTRODUCTION FEES FOR PERMANENT OR CONTRACT STAFF OR TEMP TO PERM (SEE BELOW)

REFUND (Not Applicable To Temp to Perm)

TEMP TO PERM

A Fee is chargeable if:
(a) engagement during assignment
(b) within 8 weeks of leaving assignment or
(c) within 14 weeks after commencing assignment, whichever is the longer.

An alternative to paying a fee is to extend hire period as detailed below.

Please note no refund terms on Temp to Perm

Vat at the current rate in force will be added to all Fees
This scale of fees should be read in conjunction with Terms of Business of Northern Employment Services Limited for Introduction of Permanent or Contract Staff and for Introduction and Supply of Temporary Workers, which supersede all previous issues.