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Red Dot Standard terms of business

1. DEFINITIONS

In these Terms and Conditions, the following definitions shall apply:
"Red dot recruitment' means MLW Recruit Ltd t/as Red Dot Recruitment.
"The Client" means the person, firm or Company requiring the services of the Worker or seeking or affecting the Engagement of the Candidate.
"The Worker" means the person introduced to the Client by Red Dot Recruitment to carry out the Temporary Assignment
The Temporary Assignment” means the period during which the worker is engaged to render services to the Client.
"The Candidate" means the person introduced by Red Dot Recruitment to the Client for a permanent placement.
"The Engagement" means the engagement of the Candidate or Worker by the Client, or any person to whom information about the Candidate or Worker has been passed, directly or indirectly, by the Client in any capacity and whether under a contract of service.
”Working Time Regulations" means the Working Times Regulations 1998 (Statutory Instrument 1998 no. 1833)

2. TERMS AND CONDITIONS

(a) These Terms and Conditions of business supplied by Red Dot Recruitment to the Client shall be incorporated into each contract made by Red Dot Recruitment and the Client (or the introduction of a Worker or a Candidate)
(b) No variation of these Terms and Conditions shall be valid unless approved in writing by a Director of Red Dot Recruitment

3. JURISDICTION

These Terms and Conditions shall be interpreted in accordance with English Law, and the parties agree to submit to the jurisdiction or the English Courts

INTRODUCTION OF TEMPORARY WORKERS

4. TIME SHEETS/RECORDS

a)    At the end of each week of the Temporary Assignment or the end or the Temporary Assignment if earlier, the Client will request a completed timesheet from the Worker and the Client will sign/authorise (either physically, electronically via email or timesheet system) the timesheet if in agreement with it. Unless stated in writing in advance by the Client any director, worker or representative shall be deemed duly authorised to do so, and such signature/authorisation shall be conclusive evidence that:
i.The Worker has worked the number of hours shown on the time sheet, and
ii.The Client is satisfied with the services provided by the Worker, and
iii. The Client is liable to pay Red Dot Recruitment charges in accordance with Clause 5 of these Terms & Conditions.
b)    The Client will retain one copy of the signed/authorised timesheet.
c)     In the event that the Client shall fail to Sign/authorise the timesheet, without good reason, Red Dot Recruitment reserve the right to charge the Client in accordance with these Terms and Conditions, for the hours worked by the Worker, as recorded by the Worker on the timesheet.

5.       CHARGES

a)     Subject to Clause 5(b) below, Red Dot Recruitment shall charge the Client for the hours worked by the Worker, in accordance with its list of charges in appendix A at the date of commencement of the Temporary Assignment, and the Client shall pay such charges without deduction, abatement or set-off.
b)     Red Dot Recruitment reserves the right to vary the charges from time to time during the Temporary Assignment. Any such variations shall be notified in writing to the Client in advance of those charges being applied.
c)      Charges for the provision of a Worker shall be calculated by Red Dot Recruitment by multiplying the hourly charge in relation to the Worker by the numbers of hours worked by that Worker.
d)     Red Dot Recruitment shall invoice the Client on a weekly basis for the charges calculated in accordance with paragraph 5 plus VAT. The amount Invoiced shall be payable within 7 days of the date of the invoice
e)     The Client shall indemnify Red Dot Recruitment against all costs incurred by Red Dot Recruitment in obtaining payment or any overdue invoice If the recovery of the sums outstanding from the Client is passed to a debt collection agency or to solicitors, the Client shall pay Red Dot Recruitment's costs in instructing any said debt collection agency or solicitors and all legal costs and disbursements.
f)     Unless otherwise agreed in writing, the Client will not be responsible for paying the Workers remuneration nor for the deduction and payment of the appropriate National Insurance Contributions and Income Tax in relation to the Worker
g)      Once a worker has completed 12 full working weeks for the client, the client can take on the worker for an agreed flat fee or percentage of Annual salary.

6. LIABILITY

a)     Red Dot Recruitment gives no warranties and makes no representation to the Client as to the suitability, skill, experience, knowledge or honesty of the Worker, nor shall Red Dot Recruitment be liable for any breach or alleged breach of such warranty or misrepresentation. Red Dot Recruitment will provide the Client with all assistance reasonably required by the Client to form a view as to the suitability of a Worker.
b)    Whilst Red Dot Recruitment will use reasonable efforts to fulfil the Clients requirements in respect or temporary staff, Red Dot Recruitment shall not be liable for any loss, expense, damage or delay arising from any failure to provide suitable temporary staff at the time, or for all or part of the period requested by the Client
c)     Subject to clause 6(d) Red Dot Recruitment accepts no liability for any loss, expense, damage or delay arising from the negligence, dishonesty, misconduct or lack of skill of the Worker, or if the Worker terminates the Temporary Assignment for any reason, the Client having been responsible for establishing the suitability of the Worker. In the event of a court judging Red Dot Recruitment to be liable to pay damages to the Client, pursuant to the Terms and Conditions or for any other reason, Red Dot Recruitment's liability shall be limited to the fee paid by the Client to Red Dot Recruitment in relation to that particular Worker.
d)    Nothing in these Terms and Conditions is intended or purports to exclude Red Dot Recruitment from liability as a result of its own negligence resulting in death or personal injury to the Worker or any other third party.
 

7. RESPONSIBILITY OF THE CLIENT

a)    The Client shall be responsible for all acts, errors and omissions of the Worker, whether wilful, negligent or otherwise.
b)    Workers provided by Red Dot Recruitment to the Client shall be deemed to be under the supervision, direction and control of the Client for the duration of the Temporary Assignment_
c)     The Client shall provide the Worker With adequate instruction, training, safety equipment and safety clothing where necessary.
d)     The Client shall comply with all statutes, bye-laws and legal requirements in respect of the Worker including (but without limitation) requirements regarding Health and Safety al work. The Client shall provide appropriate Employer's and Public Liability insurance cover for the Worker during the Temporary Assignment.
The Client will assist Red Dot Recruitment to comply with the Working Time Regulations and the Agency Workers Regulations by supplying any relevant information about the assignment, environment and benefits (along with pay and benefits of other workers conducting similar assignments) required and the Client will not do anything to cause Red Dot Recruitment to be in breach of its obligations under these regulations.
Where the Client requires or may require the services of a Worker (or more than 48 hours in any week, the Client must notify Red Dot Recruitment of this requirement before the commencement of that week.
Ill. Where the Client requires or may require the services of a Worker for night work, as defined in the Working Time Regulations, the Client must notify Red Dot Recruitment of this requirement before the commencement of that week.
Where the Client requires or may require the Worker to perform night work in situations involving special hazards or heavy physical or mental strain, as defined in the Working Time Regulations, the Client must notify Red Dot Recruitment or this requirement before the commencement of that week.

e) The Client shall indemnify Red Dot Recruitment and shall keep Red Dot Recruitment indemnified against

Any claim of whatsoever kind which the Worker or members of his family or other dependants may make against Red Dot Recruitment by reason of or arising out of any failure by the Client to fulfil its obligations hereunder; and
          Any claim which a third party may make against Red Dot Recruitment arising from or by reason of any conduct, act or omission of the Worker during the Temporary Assignment, and
All costs and expenses (including legal costs and expenses) incurred by Red Dot Recruitment in respect or or arising out of any claim.
f)      The client shall, in relation to the Worker, conform to the Working Time Regulations 1998. If the client requires the Worker to work hours outside the provided for under the Working Time Regulations, the Client will make known to Red Dot Recruitment and to the Worker in advance that such is its intention.
8.     RECRUITMENT OF TEMPORARY WORKERS.
If a Worker who has carried out a Temporary Assignment during the preceding six months is engaged by the Client in any capacity and whether under a contract of or for service, the Client shall pay to Red Dot Recruitment fees as if the person had been introduced under Red Dot Recruitment's Terms and Conditions for the introduction of permanent staff.


9. DRIVING OF VEHICLES

Where the engagement involved the Worker in driving any vehicle:
a)     Ensure the said vehicle complies in all respects with all applicable legislation and is comprehensively insured to include all liability to third parties and property and liability for death or injury to the Worker.
b)    Ensure that the vehicle is safe, fully maintained and in good working order.
c)     Satisfy itself that the Worker has a suitable current licence for driving such vehicle

10.         EQUIPMENT

The Client will provide proper and adequate security facilities and shall provide and be totally responsible for all tools, equipment and materials necessary to carry out the proposed services, whether their own or their Workers.

11.        LOANS

The Client will not provide encashment facilities or make loans or provide money to a Worker other than at the Client's own risk unless previously and specifically requested to do so by Red Dot Recruitment in writing. No allowance for any such unauthorised payments for them will be made in any invoice rendered by Red Dot Recruitment to the Client.

12.       TERMINATION

Notwithstanding the termination of the Temporary Assignment, each of the provisions of these Terms and Conditions which are capable of surviving such termination shall remain in full force and effect and the Client will remain liable in relation to all sums owing and any indemnities given whilst the Worker was engaged on the Temporary Assignment.

INTRODUCTION OF PERMANENT STAFF

13. FEES

a.        No fee is payable for preliminary discussions and recommendations
b.        The Client shall pay Red Dot Recruitment a fee upon the engagement of the Candidate calculated as a percentage of the first
years anticipated gross remuneration which includes salary, commission, bonuses, provision of a car and any other taxable emolument or a one-off fee whichever is agreed and stated in Appendix A
c.        The fee will be payable as a result of the engagement notwithstanding the fact that it may not comply with the Clients original requirement (e.g. as to number or type of vacancy),
d.        Red Dot Recruitment reserve the right to invoice the Client for a fee based on the gross remuneration actually paid during the Candidate's first twelve months if in excess of the anticipated gross remuneration referred to in Clause 13(b) above and the Client undertakes to forthwith provide Red Dot Recruitment with all information reasonably requested by it relating to the actual gross remuneration of the Candidate to enable it to determine if such an invoice should be rendered, including without limitation, all payroll records, Inland Revenue records, P45s and P60s.
e.        The Client undertakes to forthwith send notice to Red Dot Recruitment in writing as soon as it comes to its attention that any Worker has accepted an offer of engagement from it or any other party

 

14. PAYMENT

The fee is payable within 7 days of the earlier of the dates of engagement (Irrespective of the date the Candidate commences employment) and the date that Red Dot Recruitment's invoice is received by the Client. Failure by the Client to pay invoices in accordance with this clause will entitle Red Dot Recruitment to charge the client interest on charges overdue by more than seven days at the rate of 3% above the annual base rate of Nat West Plc from time to time

15. CONFIDENTIALITY

The Client acknowledges that all information supplied by its relating to the Candidate is confidential and If the Client passes any such information to any other party (on whatever basis and for whatever reason) and the Candidate is then the subject of an engagement, then the Client shall be liable to pay the fees set out in paragraph 1 as if it had itself made an offer of engagement to the Candidate which the Candidate had accepted.

16. REBATE

There shall be no trial periods tor Candidates. In the event of the Candidate leaving the Client's service ("The Termination) within SIX weeks of commencement of work for the Client, the fee referred to above shall be subject to rebate as detailed below, providing such fee was paid In full and within the agreed payment terms. Should the Client or any associated company or party of the Client re-engage the Candidate within Six months of the Termination the full fee becomes payable, less credit for any amounts already paid to Red Dot Recruitment in respect of the engagement. No rebate will be made unless the Client notifies Red Dot Recruitment in writing within seven days of the Termination
                            Up to but not exceeding one week. Full rebate

Week one to week three                                50% rebate
Week Three to week six 25% rebate
After 6 weeks No rebate
 

17. CANDIDATE'S SUITABILITY

a)             Although every reasonable effort is made by Red Dot Recruitment to ensure the suitability of each Candidate, the Client is responsible (or taking all steps to check and ensure that the Candidate is suitable for the position for which he is engaged, including taking up references, checking qualifications, checking driving licences, checking work permits, arranging medical examinations and the like
b)             Red Dot Recruitment does not take up references and, subject to the terms of the Unfair Contract Terms Act 1977, cannot accept responsibility for any statement or representation about a Candidate made by its servant or agents, whether or not in writing
c)              Red Dot Recruitment does not accept responsibility for any loss, expense or damage incurred directly or indirectly by the Client in respect of any Candidate.
d)                   In the event that the Court rules that damages have been incurred by the Client,
the amount of damages shall be limited to the fee payable to and received by Red Dot Recruitment upon Engagement.

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