Fortis Vets Recruitment Terms and conditions

These terms of Business are for NON-BUSINESS SUBSCRIPTION MEMBERS and are for practices looking to source industry related staff on a permanent basis.

Our Locum terms and conditions can be found below.

Fortis Recruitment Ltd 2020

CLIENT TERMS OF BUSINESS – Permanent Placements

We are Fortis Recruitment Ltd(“Fortis Recruitment Veterinary division – Fortis Vets”) of Arrochar, Bolton Road, Scorton, North Yorkshire, DL10 6AG (Reg No: 09145934) and “we”, “us”, “our” and “ours” refers to Fortis Recruitment and for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of Fortis Recruitment Limited.

You are XXXX, a company based at [Enter Client Address], (Company Reg No: [Enter Client Reg No.]), a Client or potential Client of ours and are the recipient of these Terms of Business and “you”, “your” and “yours” refers to you. For the purposes of this agreement “you” includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of yours.

By accepting or requesting any services or using information from us you are deemed to accept these Terms of Business (the “Terms”), which apply to all dealings between us relating to the business described in the Terms and override any terms proposed by you unless we have such terms in writing and agreed by a director of Fortis Recruitment. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:

1.1 In these Terms the following words and phrases shall have the following meanings unless the context requires otherwise:

Additional Services means any recruitment related service as agreed between Fortis Recruitment and the Client.

Advertisement means a notice designed to attract Applications from Candidate s in relation to a Client’s Requirement.

Application means a written or verbal request by a Candidate to have their CV considered for a Client’s Requirement.

Candidate means a person who applies for a Fortis Recruitment advertised vacancy on any job board site, affiliated job board site or online site or through any electronic communication or is contained within our Candidate CV Database. Candidate will also include any Contract or Contingency Workers under the auspices of their Limited or Umbrella Companies.

CV means the curriculum vitae or any other document which outlines the details of a Candidate’s education, training, skills and employment experience which is provided to Fortis Recruitment by a Candidate for distribution to Clients with a view to securing a Requirement.

CV Search means the process of searching CV databases for relevant Candidates.

Engagement means the engagement of the Candidate as a direct result of any Introduction to the Client.

Fees means the fees and charges payable for a Permanent engagement by the Client as specified in these Terms.

Screening means an automated and/or manual process of screening and ranking Candidate Applications to provide a short list for a Requirement.

Intellectual Property means patents, trademarks, registered designs, design rights, service marks, and applications for any of the foregoing, trade and business names, copyright and know-how.

Introduction means the provision to the Client of information by Fortis Recruitment by way of a CV or in such format as the Client may from time to time require which identifies the Candidate.

Material Misrepresentation means any deliberate hiding or falsification of a material fact which, if known to us, could have significantly altered the basis of the contract.

Remuneration means the base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client.

Requirement means a request from the Client in any form for Fortis Recruitment to introduce a Candidate or provide any other advertising, searching or filtering service. For the avoidance of doubt Fortis Recruitment is not acting as an employment agency as defined in the Employment Agencies Act 1973. Fortis Recruitment is purely a venue for employers and Candidate s to meet and is not involved in the actual transaction between Clients and Candidate s.

Service means any service that Fortis Recruitment provides to its Client under the terms of this contract.

1.2 All references to a statutory provision shall be construed as including references to:

a) any statute, modification, consolidation or re-enactment (whether before or after the date of this agreement) for the time being in force;

b) all statutory instruments or orders made pursuant to it; and

c) any statutory provisions of which it is a consolidation, re-enactment or modification.

2. CONTRACT

These Terms constitute the contract between Fortis Recruitment and the Client and are deemed to be accepted by the Client by virtue of confirmation of your acceptance of these Terms, making payment, requesting an invoice to be raised, approving or amending the Requirement.

3. OUR OBLIGATIONS

3.1 We agree:

a) to use all reasonable endeavours to locate Candidate s for you to directly hire in accordance with your Requirements via an Advertisement and/or CV Search;

b) to provide such Additional Services as may be agreed from time to time.

3.2 To act in accordance to the measures set within the WHO code of practice for international recruitment of Veterinary professionals

4. YOUR OBLIGATIONS

4.1 You agree to accept these Terms and you acknowledge and agree that:

a) upon issuing a Requirement or as soon as reasonably practicable thereafter you shall provide to us sufficient and accurate information to enable us to locate Candidates

b) your Requirement must be legal, decent, honest and truthful and not infringe the rights of any third party;

c) you will act in good faith and in a business-like and courteous manner to us and our Candidate s;

d) It is your responsibility to verify and satisfy yourself with the information we have provided to you to ensure that the Candidate is suitable for your purposes and to take up such references for Candidate s as you think fit;

4.2 By reason of your acceptance of responsibility and your warranties as set out in clauses 4(a) – 4(e) we shall not be liable for any loss or damage arising out of any representation made by us in good faith that may have induced you to accept a Candidate , or for any breach of contract, negligence or tort of the Candidate and you will fully indemnify and keep us so indemnified against any claim or action (including the costs thereof on an indemnity basis) brought by a Candidate or another business (of any kind) with which we have been dealing in relation to a Requirement arising from incorrect or incomplete information provided by you to us.

5. ADVERTISEMENTS

5.1 You acknowledge and agree that:

a) we may advertise your Requirement on any website or other media controlled by us or any affiliated third party, or enter into any agreement for the provision of services for the purpose of filling the Requirement;

b) the Requirement can be viewed by anyone with Internet access throughout the world;

c) we may need to modify the Advertisement in order to optimise your results for job board searching and to attract suitable Candidate s;

d) Advertisements will be branded ‘Fortis Recruitment’, and no active e-mail addresses or web links will be shown;

e) Advertisements will be shown for a 28-day period after which time they shall expire;

f) any Requirement which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race, disability or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or Disability Act or the Age Discrimination Act. A statement must be made at the time the Requirement is placed or Service used to state which of the exemptions in the Act(s) is considered to apply. Fortis Recruitment reserves the right to refuse any Advertisement it considers illegal or inappropriate.

6. INTELLECTUAL PROPERTY

6.1 Applications will only be sent to the Client the Candidate intended.

6.2 We shall not share Applications with other Clients or third parties unless requested by a Candidate.

6.3 We reserve the right to communicate with Candidate s for marketing and promotional purposes.

6.4 The Advertisement we use remains the copyright of Fortis Recruitment and you are not authorised to copy, reproduce or otherwise use this work without our prior written consent.

6.5 You may not use any of Fortis Recruitment Intellectual Property without prior written consent.

7. CONFIDENTIALITY

7.1 You acknowledge and agree that:

a) you shall keep any information relating to a Candidate confidential and not use it for any purpose other than the purpose you disclose you to us at the time the information is requested;

b) in relation to a Candidate ’s information you will act in accordance with the Data Protection Act relevant to the country you are based;

c) you shall not directly nor indirectly pass Candidate information on to a third party;

d) you shall not divulge to any other party, or use for your own benefit, any information capable of being confidential relating to the affairs of our business or business methods, or confidential information, received from each other, except that which is in the public domain or is trivial or obvious or authorised to be released or required by Court Order to be disclosed.

8. NOTIFICATION AND FEES

8.1 The Client agrees:

a) To notify Fortis Recruitment immediately of any offer of an Engagement which it makes to any successful candidate or candidates. Should such notification not be received in writing or by email within 7 days of the Candidate’s Engagement any alteration to our normal fee scales will not apply;

b) To notify Fortis Recruitment immediately that its offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to Fortis Recruitment; and;

c) To pay Fortis Recruitment’s fee within 15 days of the date of invoice. Should no such payment be received within 15 days any alteration to our normal fee scales will not apply.

8.2 Fortis Recruitment reserves the right to charge interest on invoiced amounts unpaid for more than 15 days at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment

8.3 The fee payable to Fortis Recruitment by the Client for an Introduction resulting in an engagement is the amount equal to 12.5% of the annual remuneration package offered to the candidate by the Client. (where any additional expenses, bonuses and costs are included in the annual remuneration).

8.4 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 8.3 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Candidate within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.

8.5 If the Client subsequently engages or re-engages the Candidate within the period of 12 calendar months from the date of termination of the Engagement, a full fee calculated in accordance with clause 8.3 above becomes payable.

8.6 If, after the Candidate has accepted the offer of Engagement, the Client decides for any reason not to proceed with the appointment, it shall be liable to pay Fortis Recruitment 30% of the full fee indicated if an Engagement was successful in accordance with clause 8.3.

8.7 Subject to clause 8.6, If the Client or any subsidiary or associated company of the Client subsequently re-engage the Candidate within the period of 12 calendar months from the date of termination, or withdrawal of the offer, a full fee in accordance with Clause 8.3 becomes payable.

9. VAT

Where applicable, Fortis Recruitment shall charge Value Added Tax (VAT) at the standard prevailing rate. Fortis Recruitment will include VAT on each individual invoice.

10. REFUNDS

10.1 In order to qualify for the following refund, the Client must pay Fortis Recruitment’s fee within 15 days of the date of invoice and must notify Fortis Recruitment in writing of the termination of the Engagement within 7 days of its termination.

If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement (except where the Candidate is made redundant) the fee which will be refunded to the Client will be as follows:

1st & 2nd week of employment – 90%

3rd week of employment – 70%

4th week of employment – 50%

5th week of employment – 40%

6th Week of employment – 30%

7th week of employment – 20%

8th week of employment – 10%

In any event a minimum administration fee of £200 will be charged.

10.2 This clause 10 will not apply where clause 8.4, 8.5, 8.6 and 8.7 takes precedence.

10.3 Rebates can only be given provided the Client has written to the Company to inform the Company of an Applicant’s termination within four working days of The Applicant leaving or being dismissed, and that the original fee has been paid within a fourteen (14) day period.

11. INTRODUCTIONS

11.1 Introductions of Candidate/s are confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by Fortis Recruitment which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of Fortis Recruitment’s fee as set out in clause 8.3 with no entitlement to any refund.

11.2 An introduction fee calculated in accordance with clause 8.3 will be charged in relation to any Candidate engaged as a consequence of or resulting from an introduction by or through Fortis Recruitment, whether direct or indirect, within 12 months from the date of Fortis Recruitment’s Introduction.

12. SUITABILITY AND REFERENCES

12.1 Fortis Recruitment endeavours to ensure the suitability of any Candidate introduced to the Client by checking that the Candidate has the experience, training, qualifications  and legal state to work in the UK which may be required by law or by any professional body and that the Candidate is willing to work in the position which the Client seeks to fill.

12.2 At the same time as proposing a Candidate to the Client Fortis Recruitment shall inform the Client of such matters in clause 4.1 as they have obtained confirmation of. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following.

12.3 Fortis Recruitment endeavours to take all such steps as are reasonably practicable to ensure that the Client and Candidate are aware of any requirements imposed by law or any professional body to enable the Candidate to work in the position which the Client seeks to fill. Fortis shall endeavour to ensure the suitability of an Applicant and to maintain a high standard of service and integrity, but makes no warranty, express or implied, as to such suitability.

12.4 Fortis Recruitment endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate for the Candidate to work in the position which the Client seeks to fill.

12.5 Notwithstanding clauses 12.1, 12.2, 12.3 and 12.4 above the Client shall satisfy itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate to it or Fortis Recruitment before engaging such Candidate. The Client is 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 Candidate, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Candidate is engaged to work.

12.6 To enable Fortis Recruitment to comply with its obligations under this clause 12 the Client undertakes to provide to Fortis Recruitment details of the position which the Client seeks to fill, including the type of work that the Candidate  would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate  to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Candidate 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 Candidate would be entitled to give and receive to terminate the employment with the Client.

13. TERMINATION

13.1 We may terminate this agreement if:

a) after providing written notice to the Client of breach of these Terms, such breaches are not rectified within 5 working days by the Client;

b) the Client fails to pay Fortis Recruitment on the due date any sums that may be due;

c) the Client makes any material misrepresentation;

d) the Client is using the Service for any improper use or with the intention of damaging the reputation of Fortis Recruitment

13.2 You have the right to withdraw the Requirement for any reason at any time with no right to any refund.

14. LIABILITY

14.1 Our liability to you for breach of contract or negligence shall not exceed the fee payable in respect of any engagement. In no event shall we be liable for any special, indirect, or consequential loss whatsoever or any loss of profit regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with the use of the Service.

14.2 Whist we will take all reasonable steps to ensure the accuracy of information we provide to you as part of the Service, Fortis Recruitment will not be liable for any loss suffered by you, whether direct or indirect, foreseeable or otherwise as a result of your, or anyone else’s reliance on such information.

15. THIRD PARTY RIGHTS

15.1 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.

16. ENTIRE AGREEMENT

16.1 These Terms contain the entire and only agreement between the parties and supersedes all previous agreements between the parties respecting the subject matter of this agreement.

16.2 Each party acknowledges and agrees that in entering into this agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in this agreement.

16.3 Each party acknowledges and agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the terms of this agreement.

16.4 Nothing in this clause shall limit or exclude liability for fraud.

17.  GOVERNING LAW AND JURISDICTION

17.1 The laws of England and Wales govern this agreement and all non-contractual obligations arising out of it. The parties agree to submit to the exclusive jurisdiction of the English Courts.

Signing Provisions below

SIGNING PROVISIONS:

Signed:______________________________________________________________________________________

Name:_______________________________________________________________________________________

Position:______________________________________________________________________________________

For and on behalf of

Company:____________________________________________________________________________________

Date:________________________________________________________________________________________

Signed For and on behalf of Fortis Recruitment Ltd

Signed:______________________________________________________________________________________

Name:_______________________________________________________________________________________

Position:______________________________________________________________________________________

Date:________________________________________________________________________________________

Governing Law: These Terms shall be construed and governed by English law

Clients Please Note:

It is a requirement of The Conduct of Employment Agencies and Employment Businesses Regulations 2003 that someone employed by your company signs this document to confirm that they have received these terms and agrees to them.

LOCUM TERMS AND CONDITIONS

CLIENT TERMS OF BUSINESS – Service Providers

We are Fortis Recruitment Ltd(“Fortis Recruitment or The Agency”) of Arrochar, Bolton Road, Scorton, North Yorkshire, DL10 6AG (Reg No: 09145934) and “we”, “us”, “our” and “ours” refers to Fortis Recruitment and for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of Fortis Recruitment Ltd.

You are [Company name], a company based at [Company address] with the Company Registration No: a Client or potential Client of ours and are the recipient of these Terms of Business and “you”, “your” and “yours” refers to you. For the purposes of this agreement “you” includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of yours.

By accepting or requesting any services or using information from us you are deemed to accept these Terms of Business (the “Terms”), which apply to all dealings between us relating to the business described in the Terms and override any terms proposed by you unless we have such terms in writing and agreed by a director of Fortis Recruitment. Upon such acceptance and in consideration of the mutual benefits set out herein, it is agreed as follows:

  1. Definitions
    1. In these Terms of Business the following definitions apply:

“Service Provider”         means the individual who is introduced by the Agency to render services to the Client;

“Assignment Schedule”   means the assignment schedule detailing the Service Provider, Charges, Expenses, Work Role, etc to be performed by the Service Provider for the Client for the period during which the Service Provider is supplied by the Agency to work temporarily for and under the supervision and direction of the Client;

“Claim”                              means any complaint or claim to a tribunal or court made by or on behalf of the Service Provider against the Client and/or the Agency for any breach;

“Agency”                           means Fortis Recruitment Ltd;

“Engagement”                   means the engagement, employment or use of the Service Provider directly by the Client or any third party or through any other Agency on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Service Provider is an officer or employee;

“First Assignment”         means the Assignment; or if, prior to the Assignment the Service Provider has worked in any assignment in the same role with the Client as the role in which the Service Provider works in the Assignment, and the relevant Qualifying Period commenced during such assignment, that assignment;

“Client”                             means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body to whom the Service Provider is supplied or introduced;

“Client’s Group”             means (a) any individual, company, partnership, statutory body or other entity which from time to time controls the Client, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is controlled by or is under common control with the Client, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;

“Introduction Fee”         means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Agencies Regulations 2003;

“Introduction”                   means (i) the Client’s interview of a Service Provider in person, by telephone or any other means, following the Client’s instruction to the Agency to supply a Service Provider; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Service Provider; and which leads to an Engagement of that Service Provider by the client;

“Relevant Period”          means the later or either 14 weeks from the first day on which the Service Provider was supplied by the Agency to work for the Client, or 12 weeks from the day after the Service Provider was last supplied by the Agency to the Client;

“Remuneration”                includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Service Provider for services rendered to or on behalf of the Client or any third party;

“Substitute”                    a substitute for the Service Provider appointed under the terms of clause 3.8;

“Transfer Fee”                means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Agencies Regulations 2003;

“Week”                             means any period of seven days starting with the same day as the first day of the First   Assignment;

“Month”                            means any period of up to 31 days starting with the 1st working day of any Month detailed in the Assignment Schedule and finishing on the last working day of that Month;

  1. Unless the context otherwise requires, references to the singular include the plural.
    1. The headings contained in these Terms are for convenience only and do not affect their interpretation.
  • The Contract
    • These Terms constitute the contract between the Agency and the Client for the supply of the Service Provider’s services by the Agency to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Service Provider or the passing of any information about the Service Provider to any third party following an Introduction.
    • These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
    • Subject to clause 4.2, 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.
  • Duties and Obligations
    • The Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including: the type of work that the Service Provider would be required to do; the location and hours of work; the experience, training, qualifications and any authorization which the Client considers necessary or which are required by law or any professional body for the Service Provider to possess in order to work in the position; any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks; the date the Client requires the Service Provider to commence the Assignment; and the duration or likely duration of the Assignment.
    • The Client will supply the Agency with any relevant information about the Assignment requested by the Agency. If the Client requires the services of an Service Provider for more than 48 hours in any week during the course of an Assignment, the Client must notify the Agency of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Client requires the Service Provider to work in excess of 48 hours.
    • The Client undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at the Agency’ request:
      • to inform the Agency of any Weeks in which the relevant Service Provider has worked in the same or a similar role with the Client via any third party prior to the date of commencement of the relevant Assignment;
      • to inform the Agency if the Service Provider has worked in the same or a similar role with the Client via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Client via any third party during the relevant Assignment, to provide the Agency with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by  the Agency;
      • to inform the Agency if the Service Provider has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:
        • completed two or more assignments with the Client;
        • completed at least one assignment with the Client and one or more earlier assignments with any member of the Client’s Group; and/or
        • worked in more than two roles during an assignment with the Client and on at least two occasions worked in a role that was not the same role as the previous role;
    • The Client will comply with all the Agency’s requests for information.
    • The Client warrants that all information and documentation supplied to the Agency in accordance with clauses 3.2, 3.3 and 3.4 is complete, accurate and up-to-date; and that it will, during the term of the relevant Assignment, immediately inform the Agency in writing of any subsequent change in any information or documentation provided in accordance with these clauses.
    • The Client shall inform the Agency in writing of any oral or written complaint the Service Provider makes to the Client and of any written request for information relating to the Relevant Terms and Conditions that the Client receives from the Service Provider, in either case as soon as possible but no later than seven calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Client and the Client will take such action and give such information and assistance as the Agency may request, and within any timeframe requested by the Agency, in order to resolve any such complaint or to provide any such information in a written statement to the Service Provider within 28 days of the Client’s receipt of such a request and the Client will provide the Agency with a copy of any such written statement.
    • If the Service Provider is unable to provide the Services due to illness or injury, the Agency shall advise the Client of that fact as soon as reasonably practicable.
    • Subject to clause 3.7, the Service Provider may, with the prior written approval of the Client and subject to the following proviso, appoint a suitably qualified and skilled Substitute to perform the services instead of the Service Provider, provided that the Substitute shall be required to enter into direct undertakings with the Client, including with regard to confidentiality. If the Client accepts the Substitute, the Service Provider shall continue to invoice the Client  in accordance with clause 4 and shall be responsible for the remuneration of the Substitute
  • Charges
    • The Client agrees to pay the Hourly/Daily charges of the Agency as detailed in the Assignment Schedule. The charges are calculated according to the number of Hours/Days worked by the Service Provider (to the nearest hour or day). The charges comprise mainly the Service Provider’s pay but also include the Agency’ commission, and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable.
    • The Agency reserves the right to vary the charges agreed with the Client, by giving written notice to the Client, especially in order to comply with any additional liability imposed by statute or other legal requirement or entitlement , and/or if there is any variation in the Relevant Terms and Conditions.
    • VAT, if applicable, is payable on the entirety of these charges.
    • The charges are invoiced to the Client on a monthly or weekly basis and are payable within 30 days unless otherwise agreed. The Agency reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
    • There are no rebates payable in respect of the charges of the Agency for invoices issued against Client authorised timesheets and/or expenses.
  • Information to be provided by the Agency
    • When making an Introduction of a Service Provider to the Client the Agency shall inform the Client of the identity of the Service Provider; that the Service Provider has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Service Provider will work for the Agency under a contract of service or apprenticeship or a contract for services; and that the Service Provider is willing to work in the Assignment; and the charges. The Agency reserves the right to use an intermediary supplier to source the Service Provider.
    • Where such information is not given in paper form or by electronic means it shall 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 Service Provider is being Introduced for an Assignment in the same position as one in which the Service Provider had previously been supplied within the previous five business days and such information has already been given to the Client.
  • Time sheets
    • At the end of each week/month of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Agency’ time sheet verifying the number of hours or days worked by the Service Provider during that work period.
    • Signature of the time sheet by the Client is confirmation of the number of hours or days worked. If the Client is unable to sign a time sheet produced for authentication by the Service Provider because the Client disputes the hours or days claimed, the Client shall inform the Agency as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Agency to enable the Agency to establish what hours, if any, were worked by the Service Provider. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours or days worked.
    • The Client shall not be entitled to decline to sign a time sheet on the basis that he is dissatisfied with the work performed by the Service Provider. In cases of unsuitable work the Client should apply the relevant provisions of clause 10 below.
  • Transfer and Introduction Fees
    • In the event of the Engagement of a Service Provider supplied by the Agency either (1) directly by the Client or (2) by the Client pursuant to being supplied by another Agency, within the Relevant Period the Client shall be liable to either:
      • Pay the agreed Hourly/Daily Rate as invoiced and supported by authorised timesheets and/or expenses including the Agencies agreed mark up of 20%
      • subject to electing upon giving 7 days’ notice unless otherwise agreed, an extended period of hire of the Service Provider being 12 weeks unless otherwise agreed during which the Agency shall be entitled to the charges set out in the Assignment Schedule below for each hour/day that the Service Provider is so employed or supplied; or
      • a Transfer Fee calculated as follows: 20% 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/daily charges referred to in the Assignment Schedule multiplied by 300. 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.
    • In the event that there is an Introduction of a Service Provider to the Client which does not result in the supply of that Service Provider by the Agency to the Client, but there is a later Engagement of the Service Provider by the Client either directly or pursuant to being supplied by another Agency within 3 months of the Introduction the Client shall be liable, to either:
      • subject to electing upon giving 7 days’ notice unless otherwise agreed, a period of hire of the Service Provider being 12 weeks unless otherwise agreed during which the Agency shall be entitled to the charges set out in clause 4.1 above for each hour the Service Provider is so employed or supplied; or
      • an Introduction Fee calculated as follows: 20% 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/daily charges referred to in the Assignment Schedule multiplied by 300. 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.
    • In the event that the Engagement of the Service Provider is for a fixed term of less than 12 months, the fee in clause 7.1.2 and 7.2.1, calculated as a percentage of the Remuneration, will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Service Provider within 3 months of the termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is sooner.
    • In the event that the Service Provider is introduced by the Client to a third party which results in the Engagement of the Service Provider by the third party within the Relevant Period the Client shall be liable to pay a Transfer Fee calculated as follows: 20% 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/daily charges referred to in the Assignment Schedule multiplied by 300.  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.
  • Liability
    • Whilst every effort is made by the Agency to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Service Providers and further to provide them in accordance with the Client’s booking details, the Agency is not liable for any loss, expense, damage or delay arising from any failure to provide any Service Provider for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Service Provider. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
    • Service Providers supplied by the Agency are not the employees of the Agency but are deemed to be under the supervision and direction 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 Service Provider, whether willful, negligent or otherwise as though the Service Provider was on the payroll of the Client.
    • The Client shall advise the Agency of any special health and safety matters about which the Agency is required to inform the Service Provider and about any requirements imposed by law or by any professional body, which must be satisfied if the Service Provider is to fill the Assignment. Where the Client requires or may require the services of a Service Provider for more than 48 hours in any week, the Client must notify the Agency of this requirement before the commencement of that week.
    • The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Service Provider for the Service Provider to fill the Assignment.
    • The Client shall indemnify and keep indemnified the Agency against any costs, claims or liabilities incurred by the Agency arising out of any Assignment or arising out of any non-compliance with clauses 8.2 and 8.3 and/or as a result of any breach of these Terms by the Client.
    • The Client shall inform the Agency in writing of any Claim which comes to the notice of the Client as soon as possible but no later than seven calendar days from the day on which any such Claim comes to the notice of the Client.
    • If the Service Provider brings, or threatens to bring, any Claim, the Client undertakes to take such action and give such information and assistance as the Agency may request, and within any timeframe requested by the Agency and at the Client’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such Claim and to appeal against any judgment given in respect thereof.
    • The Agency’ liability to the Client for breach of contract or negligence shall not exceed the amount of the individual assignment to which the liability occurs.  In no event shall the Agency be liable for any special, indirect, or consequential loss whatsoever or any loss of profit regardless of whether such losses are foreseeable and whether or not caused by the Agency’ negligence arising out of or in connection with the provision of the services to the Client.
  • Special Situations
    • Where the Service Provider is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one of 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, the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Service Provider, two references from persons not related to the Service Provider who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Service Provider is suitable for the Assignment.  If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
  1. Termination
    1. The Client undertakes to supervise the Service Provider sufficiently to ensure the Client’s satisfaction with the Service Provider’s standards of workmanship. If the Client reasonably considers that the services of the Service Provider are unsatisfactory, the Client may terminate the Assignment either by instructing the Service Provider to leave the Assignment immediately, or by directing the Agency to remove the Service Provider. The Agency may, in such circumstances, reduce or cancel the charges for the time worked by that Service Provider, provided that the Assignment terminates:
      1. within eight hours of the Service Provider commencing the Assignment where the booking is for more than eight hours; or
      1. within two hours for bookings of seven hours or less and also provided that notification of the unsuitability of the Service Provider is confirmed in writing to the Agency within 48 hours of the termination of the Assignment.
    1. Any of the Client, the Agency or the Service Provider may terminate an Assignment at any time with notice as set out in individual Assignment Schedules or to default at 7 days’ notice from any party.
    1. The Client shall notify the Agency immediately and without delay and in any event within 24 hours if the Service Provider fails to attend work or notifies the Client that the Service Provider is unable to attend work for any reason.
    1. The Agency shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Service Provider supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment under the provisions of clause 10.1.
  1. ENTIRE AGREEMENT
    1. These terms contain the entire and only agreement between the parties and supersede all previous agreements between the parties respecting the subject matter of this agreement.
    1. Each party acknowledges and agrees that in entering into this agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in this agreement.
    1. Each party acknowledges and agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the terms of this agreement.
    1. Nothing in this clause shall limit or exclude liability for fraud.
  1. SEVERANCE
    1. The invalidity, unenforceability or illegality of any provision (or part of a provision) of this agreement under the laws of any jurisdiction shall not affect the validity, enforceability or legality of the other provisions.
    1. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification as is necessary to give effect to the commercial intention of the parties.
  1. Law
    1. These terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

Signed For and on behalf of

Signed:__________________________________________Name:____________________________________________

Position:_________________________________________Date:_____________________________________________

Signed For and on behalf of Fortis Recruitment Ltd

Signed:____________________________________________________________________________________________

Name: Lee Asher                                  Position: Director                                            Date:

Clients Please Note: It is a requirement of The Conduct of Employment Agencies and Agencies Regulations 2003 that someone employed by your company signs this document to confirm that they have received these terms and agrees to them.

Assignment Schedule

SCHEDULE NUMBER: 
DATE: 
SERVICE PROVIDER: 
SERVICE PROVIDER’S NAME: 
SERVICE TO BE PROVIDED: 
CLIENT COMPANY: 
CLIENT COMPANY/WORK ADDRESS: 
CLIENT CONTACT: 
CLIENT END CUSTOMER: 
COMMENCEMENT DATE: 
END DATE: 
PAY RATE: 
EXPENSES ALLOWED: 
EXPENSES DETAIL: 
NOTICE PERIOD: 

Signed For and on behalf of

Signed:__________________________________________Name:____________________________________________

Position:_________________________________________Date:_____________________________________________

Signed For and on behalf of Fortis Recruitment Ltd

Signed:____________________________________________________________________________________________

Name: Lee Asher                                  Position: Director                                            Date: