These Terms of Business are between:-
Intec Recruitment Services Limited of Unit 4 Midas House, Calleva Park, Aldermaston, Berkshire, RG7 8EA ( "Company"), and
Individuals seeking to engage the Company's work-finding services ("Candidate")
(1) these Terms are deemed to cover the supply of services by Intec Recruitment Services Limited and
(2) it is understood that the Company may act in its capacity as an Employment Agency (Permanent supply) and / or Employment Business (Temporary supply)
(3) the Company operates in the Engineering, Electronic and Manufacturing and associated sectors of the Recruitment Industry.
1. DEFINITIONS 1.1 In these Terms of Business the following definitions apply:
Assignment means the period during which the Candidate is supplied to render services to the Client
Client means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 and any customer of the Client requiring the services of the Candidate
Candidate means the person introduced by the Company to the Client for an Engagement which may be of Permanent or Temporary nature, including any officer or employee of the Limited Company where the individual supplied is a Limited Company Contractor
Conduct Regulations means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as may from time to time be amended.
Engagement means the engagement, employment or use of the Candidate directly by the Client or any third party or through any other Company on a permanent or temporary basis, whether under contract of service or for services; an agency, licence, franchise or partnership agreement; directly or through a Limited Company of which the Candidate is an officer or an employee, and Engage/Engaged shall be construed accordingly;
IANA means the Immigration Asylum and Nationality Act 2006 as may from time to time be amended;
Introduction means (1) the passing to the Client of a CV or other information which identifies the Candidate following Client's instructions to Intec to search for a Candidate or (2) the interview (in person or by telephone) or Engagement of a Candidate by the Client or any Third Party who has obtained such information through the Client's intermediation following the passing to the Client by Intec of a speculative CV or other information with identifies the Candidate;
Job Boards means internet based services enabling Candidates to actively search for suitable vacancies and enabling Clients to actively search for suitable Candidates;
Limited Company Contractor means the Candidate, who may or may not be Opting-Out of the Conduct Regulations, and whose services are supplied by the Company to the Client through a Limited Company;
Opting-Out means the legal act of declaring, by means of signing an Opt-Out notification, the Conduct Regulations to be non-applicable to one's services.
Our Services means the Company's specialised skills, techniques and resources employed to find you suitable work, which may be of a Permanent or Temporary nature
PAYE Contractor means a person Engaged by the Company on a contract for services basis and paid as an agency worker in accordance with s.44 of the Income Tax (Earnings and Pensions) Act 2003.
Registration means (i) your registration through the Company's website; (ii) the provision of Your Details to the Company by other means in order to be registered as a Candidate on the Company's database with a view to using Our Services
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 Candidate for services rendered to or on behalf of the Client
You means the individual reading these Terms with a view of engaging the Company's work-finding services
Your Details means the personal data (including, but not limited to, your CV) You will be requested to provide when registering with the Company and any further details that may be required either by law or upon Client's request, or such details as you may have made publicly available through Job Boards
Your Services means the knowledge, skills, experience and techniques you will employ to perform your Assignment
2. GENERAL 2.1 Unless the context requires otherwise, references to the singular include the plural and reference to the masculine include the feminine and vice versa.
2.2 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2.3 Personal data of the Candidate will be held by the Company in its manual and automated filing systems. The Candidate consents to the processing and disclosure of such data both inside and, where necessary, outside the European Economic Area in order for their services to be performed and this agreement to be fulfilled.
2.4 These Terms contain the whole agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties, and in particular shall supersede any terms set out in any invoice, timesheet, or other communication issued by the Candidate to the Company.
3. LAW 3.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
4. THE CONTRACT 4.1 These Terms of Business are deemed to be accepted by virtue of your Registration and / or by virtue of your agreement for the Company to forward your CV to a Client. The Company will not forward your CV to any Client without your permission.
4.2 The Company's work-finding services to you are provided free of charge.
4.3 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Director of the Company.
4.4 These Terms will not at any time be considered to constitute a contract of employment between the Candidate and the Company or any of its Clients.
5. 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 you arising from or in any way connected with the Company seeking suitable work for you or from the Company's Introduction of you to or Engagement by the Client or from the failure of the Company to find you suitable work. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
6. THE Company'S OBLIGATIONS 6.1 The Company agrees to do the following:-
6.2 At Registration stage
6.2.1 Give you clear information about Our Services and what Terms & Conditions apply to Our Services
6.2.2 Register Your Details in line with current Data Protection requirements and request any further details we may require
6.3 At Search stage
6.3.1 Match your requirements with vacancies on our Database
6.3.2 Provide you with details regarding the position we propose to put you forward for
6.3.3 Confirm your interest in and suitability for a vacancy before passing Your Details to the relevant Client
6.4 At Introduction stage
6.4.1 Pass your details to relevant Client(s)
6.4.2 Where applicable provide you with H&S information relevant to the position
6.4.3 Arrange for an Interview
6.4.4 Inform you of the outcome of your Interview
6.5 At Offer stage
6.5.1 Confirm the Client's Offer to you
6.5.2 Clarify any questions you might have
6.5.3 Obtain your Acceptance of that Offer
6.6 At Placement stage
6.6.1 If your Engagement is of a temporary nature we will send you your contract, timesheets and any other relevant documentation.
6.6.2 If your Engagement is for permanent employment, the Client will send you your contract and any other relevant documentation.
7. YOUR OBLIGATIONS 7.1 You agree to do the following:-
7.2 At Registration stage
7.2.1 Provide the Company with complete and accurate personal details as requested by your the Company consultant or as per the Registration Form
7.2.2 Provide the Company with proof of your eligibility to work in the UK (see also clause 8 below)
7.2.3 Provide the Company with names and contact details of at least 2 professional referees
7.2.4 Inform the Company of the type of work you are looking for
7.2.5 Provide the Company with copies of any qualifications relevant to the type of work you are looking for
7.3 At Search stage
7.3.1 Give the Company permission to pass your details to those Clients whose vacancies you are interested in.
7.3.2 Provide the Company with any additional documentation the Client may require in order for you to be considered for the vacancy.
7.4 At Introduction stage
7.4.1 Attend any Interviews your recruitment consultant may, with your agreement, arrange for you.
7.5 At Offer stage
7.5.1 If your preferred type of work is of a temporary nature, inform us whether or not you will be providing Your Services as a Limited Company Contractor; and
7.5.2 If applicable, provide us with a valid Opt-Out notification.
7.6 At Placement stage
7.6.1 Commence Your Services on the date and time agreed
8. ELIGIBILITY TO WORK IN THE UK 8.1 The Company cannot arrange for your Employment by or Engagement to a Client unless you have provided proof of your eligibility to work in the UK as required under the IANA.
8.2 The preferred documents that prove your Eligibility to Work in the UK are:-
8.2.1 A valid British, EAA or Swiss passport or National Identity card;
8.2.2 A COMBINATION of (i) full birth certificate issued in the UK, Channel Islands or Isle of Man showing names of both parents, AND (ii) an official document showing your name and National Insurance number (such as your National Insurance card, a P45 / P60 or a letter from a Government agency);
8.2.3 A valid non-EEA passport endorsed with valid Leave to Remain plus, if applicable, a current work permit.
8.3 Where the document presented is a passport, the following pages should be presented:-
8.3.1 photo page, all pages containing personal details and the cover page.
8.4 Where the documents presented are a non-EEA passport endorsed with valid Leave to Remain, all previous UK
endorsements, if applicable, should be presented as well.
8.5 To avoid Racial Discrimination the Company is obliged to establish Eligibility to Work in the UK for all its candidates, regardless of nationality and including those holding British nationality.
9. ASSIGNMENTS 9.1 The Company will seek to match your requirements with vacancies on its own database. The Company will match your requirements with both Permanent and Temporary vacancies unless you indicate otherwise. The Company will identify possible vacancies in accordance with your preferred type of work as you will have indicated upon Registration, and will confirm the precise type of work in the relevant Assignment Schedule.
9.2 If we offer to Engage you (or your Limited Company) for a temporary Assignment in our capacity as an employment business, you (or, as appropriate, your Limited Company) will be Engaged under a contract for services. If we introduce and place you for a position direct with a Client you will not be Engaged by the Company and your contract will be with the Client, details of which will be confirmed to you at offer stage.
9.3 The Company's ability to discuss the content of its contracts for services is limited and ends at Offer stage. See also Clause 7.5.
9.4 To terminate an Assignment where possible we work to a reciprocal professional notice period of one (1) week, unless specifically stated otherwise in the relevant Assignment schedule. Notice periods may vary from Assignment to Assignment depending on duration, type of work and Client requirements.
9.5 In accordance with Regulation 15(d)(ii) of the Conduct Regulations we guarantee that the minimum rate of pay we reasonably expect to realise for you shall be at least equal to the national minimum wage as applicable at the time of the Assignment. The actual rate of pay we will be able to secure for you for each Assignment will vary, and will be confirmed in the relevant Assignment schedule. We undertake to advise you of the rate applicable to each Assignment as soon as it is known to us, and to confirm it in the relevant Assignment schedule.
9.6 If you are Engaged as a PAYE Contractor You can normally be paid in arrears on a weekly basis. If you are Engaged on a Limited Company Contractor basis your Limited Company can be paid in arrears on a monthly basis. Should you accept an offer of Engagement final details regarding payment intervals will be confirmed to you in the relevant Assignment schedule.
9.7 If you are Engaged as a PAYE Contractor you will be entitled to statutory minimum annual leave and holiday pay in accordance with the Working Time Regulations 1998 (as amended). Accordingly you will have an absence entitlement of 28 days per annum or equivalent of a direct/permanent employee after week 12 in accordance with the Agency Workers Regulations 2010 (to include public holidays and bank holidays) (based on a 5 day working week or pro rata equivalent for part time workers). If you work as a Limited Company Contractor your Limited Company will be responsible for any statutory annual leave and holiday pay entitlement you may have. The Company will pay the Limited Company on a gross basis inclusive of any holiday pay which may be due to you from the Limited Company.
9.8 For the avoidance of doubt you will not be considered to be an employee of either the Company or its Client while working on a temporary Assignment.
10. ABOUT COMPLAINTS 11.1 Complaints should in first instance be addressed to your Recruitment Consultant. In the event that a complaint cannot be settled with your Recruitment Consultant You should contact the Company's Director, Intec Recruitment Services Ltd, Unit 4 Midas House, Calleva Park, Aldermaston, Berkshire, RG7 8EA or email firstname.lastname@example.org