These Terms and Conditions of Business are between NETWORK 0 to 5 Ltd and an employer (the Client) and are deemed to be accepted by the Client by virtue of an interview, engagement or use of an Applicant introduced by the Agency.
1.1 In these Terms of Business: “The Agency” means NETWORK 0 to 5 Ltd.
1.2 “The Client” means any person or persons or company who approaches the Agency with a view to engaging or otherwise employing an Applicant or to whom an Applicant is introduced by the Agency
1.3 “The Applicant” means a person who is registered with the Agency for the purpose of seeking employment with a Client and is introduced by the Agency to the Client to be considered for an Engagement
1.4 “Engagement” means the employment, hire or other use, directly or indirectly and whether under a contract of service or otherwise, and on a permanent, temporary or other basis, of an Applicant, by or on behalf of the Client.
2. The business of the Agency is to introduce prospective Clients and Applicants to each other. The Agency does not directly or indirectly employ the Applicant. The Client is the employer of the applicant and all PAYE and National Insurance contributions, together with any other statutory rights that the Applicant is entitled to, are the responsibility of the employer
3. The Client must inform the Agency immediately an engagement is arranged with the Applicant. Exact date of commencement of employment, number of hours/days and gross salary offered must be given at the same time, and also the length of stay if the position is temporary.
4. As soon as an engagement has been arranged and the Agency notified, the placement fee will be invoiced. Invoices must be paid within 7 days of the date of invoice. Please note that an engagement is deemed to be made and shall immediately commence when the terms of employment are agreed between the Client and the Applicant, and not on the date when the Applicant actually commences duties.
5. Accounts not settled in full, within the above time scale, may be subject to an interest charge at the rate of 5% above the prevailing base rate of Barclays bank plc. for every month or part month that the account remains outstanding.
6. The Agency fee relates to the successful introduction and engagement of one prospective employee only. Any future engagement through the Agency is subject to a full placement fee.
7. If a temporary placement becomes a permanent placement, the full permanent introduction fee becomes due and the appropriate additional fee will be charged, taking into consideration the temporary fee already paid, as per the Agency’s normal terms of business.
8. In cases where the applicant has been engaged on a temporary basis and the employment continues for a period longer than that for which the fee has been calculated, or on a permanent basis, the Agency must be notified immediately and the appropriate additional fee will be charged and will be payable as per normal terms of business
9. Should the Client subsequently re-engage the Applicant within 6 months from the date of termination or withdrawal of the offer, or engage an Applicant at a future date having previously declined the services of that Applicant, a full fee becomes payable.
10. Introductions and details of any Applicant given by the Agency are confidential. If an introduction is passed to another employer which results in an engagement the Client will be liable for the full fee.
11. If the Client engages an Applicant introduced by the Agency without informing the Agency we reserve the right to charge the full permanent introduction fee (irrespective of the length or condition of engagement). In these cases the Agency’s rebate/replacement terms do not apply.
12. In the case of an engagement involving the Applicant being shared between two or more Clients each of the Clients will be responsible for making arrangements satisfactory to themselves. Each of the Clients shall be jointly and severally responsible for payment of the total fee due to the Agency
13. If the relevant employment terminates within 8 weeks the Agency will endeavour to find a replacement at no extra cost (This will not apply if the employee was made redundant or if the employee left because the conditions of employment were misrepresented by the Client). If no suitable replacement can be found within 4 weeks of termination, the Agency will charge for the original introduction as if it had been a temporary engagement. Both of these conditions only apply if the Client notifies the Agency in writing within 2 days of the termination of employment and has paid the Agency’s fees within 7 days of the date of the invoice.
14.In the event that the agreement is cancelled by the Client, after a firm booking, prior to commencement, for whatever reason, the Client will be charged 25% of the Introduction Fee which would have been payable had the Candidate been engaged, in consideration of costs incurred by the Agency. Should an employee fail to take up the appointment after the engagement has been made the Agency will endeavour to provide a replacement at no further cost to the Client.
15. Whilst every care is taken in ensuring the suitability of any Applicant introduced to the Client, the final responsibility rests with the Client as to the Applicant’s suitability. All references provided by the Applicant and/or the Agency should be verified by the Client before engagement commences. The Agency does not give any warranty as to the suitability, history, character, honesty, age or capability of any Applicant introduced by the Agency though the Agency will always check a minimum of two references and wherever possible carry out a personal interview to satisfy itself that the applicant is suitable.
16.The Agency accepts no liability whatsoever for the contents of any draft Contract it may provide the Client with to enable the Client to enter into a written contract with the Applicant. Any draft Contract is supplied as a guide and has not been drawn up by a lawyer with any specific circumstances in mind. The Agency recommends that the Client obtains its own legal advice in relation to any Contract it wishes to enter into with the Applicant.
17. The Agency shall not be liable under any circumstances for any loss, damage, or expense suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or the introduction by the Agency to the Client of any Applicant or the engagement of any Applicant by the Client.
18. In the event that the Client wishes to complain about Network 0 to 5 Ltd., in the first instance, the complaint should be put in writing to Alison Brownlee, and an effort made to resolve any situation. If the situation has not been resolved to the Client’s satisfaction, then the letter of complaint will be passed on to the chair of the ANA Committee, and will be officially investigated.
19. The Employer and the Agency acknowledge and agree that the terms of this contract shall remain confidential and agree not to disclose, communicate or otherwise make public the same either directly or indirectly through a third party, save the professional advisers and relevant tax authorities, or otherwise as may be required by law. Furthermore, the parties hereby agree that they will not make, publish, or otherwise communicate any disparaging or derogatory statements, whether verbally, in writing or through any social media source or websites, concerning the other party hereto. Any complaints that may arise from either party will be dealt with in line with Network 0 to 5’s Complaints Procedure. (See clause 18). A failure to adhere to this clause risks the party in breach being subject to legal action by the other.