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TERMS & CONDITIONS OF BUSINESS FOR TEMPORARY WORKERS

1. These Terms and Conditions govern the supply of workers on a temporary basis (the "Temporary Worker") by teamsales (the "Employment Business") to a client ("Client") and will be incorporated into any agreement between the parties. For the purposes of these Terms and Conditions, teamsales is operating as an employment business.
2. Unless otherwise agreed in writing by a duly authorised officer of the Employment Business, these Terms and Conditions shall prevail over any other terms or purchase conditions put forward by the Client. No amendment to these Terms and Conditions shall be valid unless the details of such amendment are agreed in writing stating the date on or after which such amended terms shall apply and signed in writing by a duly authorised officer of the Employment Business.
3. These Terms and Conditions shall be deemed to be accepted by the Client by virtue of the provision of a CV or any other candidate information by the Employment Business following a request by the Client, an interview with or engagement, in any capacity, of the Temporary Worker by the Client.
4. Confirmation of a request for a Temporary Worker by the Client must be provided by the return of the Employment Business' signed site booking form detailing the hours and/or dates the Temporary Worker is required, the location and any specific duties or skills the Temporary Worker will be required to perform or exhibit (the "Assignment").
5. The Client authorises the Employment Business to advertise the availability of the position(s) which the Client engages the Employment Business to seek to fill as the Employment Business deems appropriate.
6. The Client agrees to pay the hourly charges of the Employment Business at the rates notified to the Client prior to or at the commencement of the Assignment. Charges are calculated according to the number of hours worked by the Temporary Worker to the nearest quarter hour (subject to a minimum charging period of 5 hours) and shall, where requested, be stated on a weekly timesheet completed by the Temporary Worker and duly authorised by the Client. If the Client does not authorise the timesheet within 5 working days of completion by the Temporary Worker the Client shall be deemed to have authorised such timesheet and to accept the Employment Business' charges unless the Client otherwise notifies the Employment Business in writing within such period. Unless otherwise agreed in writing by the Employment Business, travel or other expenses of the Temporary Worker will be invoiced in addition to these charges as may have been agreed with the Client, or if there is no such agreement, such expenses as are reasonable. VAT is payable on these charges, which will be invoiced to the Client on a weekly basis.
7. All monies due pursuant to these Terms and Conditions shall be paid by the Client within 7 days of the invoice date. In the event of late payment, the Employment Business reserves the right to charge interest on all overdue sums at a rate of 2% per month.
8. No rebates are payable in respect of the charges of the Employment Business under clause 6 above.
9. Where a Temporary Worker is requested the day before, or on the day of, the Assignment is due to commence, the first day of the booking shall be deemed to be short notice cover and will be charged accordingly.
10. Overtime becomes chargeable if a Temporary Worker is unable to leave the Assignment within 15 minutes of the official finishing time due to the proper execution of their duties. Overtime is chargeable in quarter hourly increments at the prevailing hourly rate.
11. Transfer Fees: Following the supply of the Temporary Worker by the Employment Business to the Client, the Client shall be liable to pay an amount equivalent to the Introduction Fee as defined in teamsales' Terms and Conditions of Business for Permanent Staff (the "Transfer Fee"), subject to clause 12 below, in any of the following circumstances: -
1. the Temporary Worker is engaged by or becomes an employee, in any capacity, of the Client, whether directly or as a consequence of being supplied by another employment business;
2. the Temporary Worker is engaged by or becomes an employee, in any capacity, of a person, firm or company to which the Client has introduced the Temporary Worker or to which the Client is otherwise connected to or has a business relationship with; and
3. the Temporary Worker is engaged by or becomes an employee of the Client as a result of the Temporary Worker responding to any internal or external advertisement published by or on behalf of the Client.
12. A Transfer Fee will not be payable in accordance with clause 11 if: -
1. any of the events listed in clauses 11(a) to (c) above occurs after the later of (i) 14 weeks from the start of the Assignment or (ii) within 8 weeks of the end of the Assignment. When determining the start of the Assignment for the purposes of (i), the Employment Business will disregard any previous supply of the Temporary Worker to the Client which occurred more than 42 days before the Assignment in question; or
2. the Client has given written notice to the Employment Business to continue to hire the Temporary Worker for a period of six (6) months (an "Extended Hire Notice") on the same terms as applied immediately before the Extended Hire Notice was received by the Employment Business.
13. No refund of any part of the Transfer Fee will be made in any circumstances.
14. In the event that (a) the Client rejects the Temporary Worker following receipt of their CV (or other information sufficient to identify the Temporary Worker) or an interview or (b) the Temporary Worker rejects an offer of engagement by the Client, the Client shall pay a fee equivalent to the Introduction Fee as defined in teamsales Terms and Conditions of Business for Permanent Staff (the "Introduction Fee") if the Client subsequently engages or employs the Temporary Worker in any capacity (and whether under a contract of service or for services) within 6 months of the later of (a) the receipt of their CV (or other information sufficient to identify the Temporary Worker) or (b) an interview (the "Last Introduction Date").
15. An Introduction Fee pursuant to clause 14 above shall also be payable if, within 6 months of the Last Introduction Date, the Temporary Worker is engaged by or becomes an employee, in any capacity, of a person, firm or company to which the Client has introduced the Temporary Worker or to which the Client is otherwise connected with.
16. Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from the Temporary Worker and to provide the Temporary Worker in accordance with the Assignment, the Employment Business is not liable for any loss, expense, damage, delay, costs or compensation arising from any failure to provide a Temporary Worker for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.
17. Temporary Workers supplied by the Employment Business are engaged under contracts for services. They are not the employees of the Employment Business (although the Employment Business will be responsible for payment of the Temporary Worker and making deductions for PAYE and National Insurance contributions) but are deemed to be under the supervision, direction and 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 Temporary Worker, whether wilful, negligent or otherwise as though they were an employee of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety at Work Act, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client's own staff, including the provision of adequate Employer's and Public Liability Insurance Cover for the Temporary Worker during all Assignments.
18. The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body which much be satisfied if the Temporary Worker is to fill the Assignment. The Client will assist the Employment Business in complying with the Employment Business' duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Employment Business of this before the commencement of that week.
19. The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment and shall immediately inform the Employment Business if this ceases to be the case.
20. The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 17 and 18 and/or as a result of any breach of these Terms and Conditions by the Client.
21. If the services of a Temporary Worker should prove to be unsatisfactory, the Employment Business may reduce or cancel the charges for the time worked by that Temporary Worker in its sole discretion provided that the Temporary Worker leaves the Assignment immediately and that notification, which must be confirmed in writing by the Client, is received within two hours of the Temporary Worker commencing duties.
22. The Employment Business endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Temporary Worker's identity and that the Temporary Worker is willing to work in the position which the Client seeks to fill but makes no warranty, express or implied, as to the suitability of the Temporary Worker for the role. The Client agrees that the Employment Business shall not make any further assessment of the Temporary Worker's suitability unless agreed in writing in advance by the Employment Business.
23. These Terms and Conditions are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.

TERMS & CONDITIONS OF BUSINESS FOR PERMANENT STAFF

1. These Terms and Conditions govern the introduction of candidates (the "Candidate") by teamsales (the "Employment Agency") to a client ("Client") and will be incorporated into any agreement between the parties. For the purposes of these Terms and Conditions, teamsales is operating as an employment agency.
2. Unless otherwise agreed in writing by a duly authorised officer of the Employment Agency, these Terms and Conditions shall prevail over any other terms or purchase conditions put forward by the Client. No variation or amendment to these Terms and Conditions shall be valid unless the details of such variation or amendment are agreed in writing stating the date on or after which such varied terms shall apply and signed in writing by a duly authorised officer of the Employment Agency.
3. These Terms and Conditions shall be deemed to be accepted by the Client by virtue of the provision of a CV or any other candidate information by the Employment Agency following a request by the Client, an interview with or engagement, in any capacity, of the Candidate by the Client.
4. Fees: A fee shall become payable by the Client on the day when the Candidate enters into a binding contract of employment with the Client (the "Introduction Fee"). An Introduction Fee is payable whether or not the Client knew of the Candidate previously.
5. The Introduction Fee will be calculated as 18% of the Candidate's gross first year's basic annual salary or a minimum fee of £2,200, whichever is greater. VAT will be charged on the Introduction Fee. The Client shall immediately notify the Employment Agency on the engagement of a Candidate and shall provide the Employment Agency with a copy of the terms of engagement if so requested. In the event that the remuneration of the candidate is not communicated to the Employment Agency, the Introduction Fee will be calculated by reference to the minimum level of remuneration applicable for the position in which the Candidate has been engaged with regard to any information supplied to the Employment Agency by the Client and/or comparable positions in the market generally.
6. All monies due pursuant to these Terms and Conditions shall be paid by the Client within 7 days of the invoice date. In the event of late payment, the Employment Agency reserves the right to charge interest on all overdue sums at a rate of 2% per month.
7. In the event that (a) the Client rejects any Candidate following receipt of their CV (or other information sufficient to identify that Candidate) or an interview or (b) any Candidate rejects an offer of engagement by the Client, the Client shall pay a fee equivalent to the Introduction Fee as defined in clause 5 above if the Client subsequently engages or employs the Candidate in any capacity (and whether under a contract of service or for services) within 6 months of the later of (a) the receipt of their CV (or other information sufficient to identify that Candidate) or (b) an interview (the "Last Introduction Date").
8. A fee equivalent to the Introduction Fee as defined in clause 5 above shall also be payable by the Client if any of the following occurs within 6 months of the Last Introduction Date: -
1. the Candidate is engaged by or becomes an employee, in any capacity, of the Client, whether directly or via another employment business or employment agency; and
2. the Candidate is engaged by or becomes an employee of the Client as a result of the Candidate responding to any internal or external advertisement published by or on behalf of the Client.
9. Introductions of Candidates are done on a strictly confidential basis and the Client agrees not to disclose any information about a Candidate to any third party without the Employment Agency's prior written consent. In the event that, within 6 months of the Last Introduction Date, any Candidate is engaged by or becomes an employee, in any capacity, of a person, firm or company to which the Client has introduced the Candidate or to which the Client is otherwise connected to or has a business relationship with, the Client shall pay a fee equivalent to the Introduction Fee as defined in clause 5 above. A Candidate will be deemed to have been introduced by the Client if they are engaged by a person, firm or company connected with the Client within the meaning set out in regulation 3 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
10. In the event that any employee of the Employment Agency with whom the Client has had personal dealings is engaged by or becomes an employee, in any capacity, of the Client or any person, firm or company connected with the Client within 3 months of leaving the Employment Agency's employment, the Client shall be liable to pay fee equivalent to the Introduction Fee as defined in clause 5 above.
11. The Employment Agency endeavours to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidate's identity and that the Candidate is willing to work in the position which the Client seeks to fill but makes no warranty, express or implied, as to the suitability of the Candidate for the role. The Client agrees that the Employment Agency shall not make any further assessment of the Candidate's suitability unless agreed in writing in advance by the Employment Agency.
12. The Client shall satisfy itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate prior to engaging or employing them. 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 permissions required by law of the country in which the Candidate is engaged to work.
13. Refund Guarantee: Subject to clause 14 below, if the engagement of the Candidate terminates at any time within 12 weeks of commencement, the Employment Agency will first endeavour to find a suitable replacement free of charge. In the event that a replacement cannot be found, and again subject to clause 14 below, the Employment Agency will provide a refund of the Introduction Fee in accordance with the scale below:

For Engagements terminating during or at the end of:		Refund:
Weeks 1 & 2		100%
Weeks 3 & 4		75%
Weeks 5 & 6		65%
Weeks 7 & 8		45%
Weeks 9 to 12		15%

14. The Employment Agency will only endeavour to find a suitable replacement candidate or provide a refund in accordance with clause 13 above provided that: -
1. the Client notifies the Employment Agency in writing within 7 days of the termination of the engagement;
2. all monies due from the Client in respect of the Candidate concerned have been paid in accordance with clause 6 above;
3. the termination is not due to redundancy, corporate restructure, change of management or job description, pregnancy, illness or injury
4. the Client or a person, firm or company to which the Client is connected to or has a business relationship with does not engage or employ the Candidate within 6 months of such termination; and
5. the engagement of the Candidate did not occur in any of the circumstances referred to in clauses 7, 8 or 9 above.
15. The Employment Agency 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 Employment Agency seeking a Candidate for the Client or from the introduction to or engagement of any Candidate by the Client or from the failure of the Employment Agency to introduce any Candidate or from any act or omission of a Candidate whether wilful, negligent, fraudulent, dishonest or reckless. For the avoidance of doubt, the Employment Agency does not exclude liability for death or personal injury arising from its own negligence.
16. The Client shall indemnify and keep indemnified the Employment Agency against any costs, claims or liabilities incurred by the Employment Agency as a result of any breach of these Terms and Conditions by the Client.
17. These Terms and Conditions are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.