CARE ANGELS INTERNATIONAL LTD
Terms of Business for the Supply of Staff
1.
PERMANENT STAFF TERMS
(a). These terms and conditions are effective from 1 st October 1996
(b). No variation of these terms is valid or shall be binding on Care Angels International Limited (hereinafter referred to as CA Int Ltd) unless confirmed in writing with the authority of a Director.
(c). All accounts and charges are payable within 14 days from receipt of invoice and payment should be made to Care Angels, 325 Watford Way, Hendon, London NW4 4TE. Receipt of invoice shall be deemed to be two days after the date shown on the invoice.
(d). VAT is payable at the prevailing rate.
(e). CA Int Ltd reserves the right to charge interest on all invoices raised from the date of invoice until the date of payment calculated at the rate of 3% per calendar month or part thereof.
(f). If any employee of CA Int Ltd or any of its subsidiary companies is engaged by the Client on a temporary, permanent or self employed basis, these terms of business will apply and the Client will be liable to CA Int Ltd for an introduction fee equivalent to the normal permanent fee in the event of permanent employment.
(g). CA Int Ltd can accept no liability whatsoever for any loss, damage, costs or expenses howsoever caused which the Client may suffer or for which the Client may become liable arising out of or in connection with or as a result of the introduction to the Client or the engagement by the Client of a candidate.
(h) By asking CA Int Ltd to introduce a candidate for permanent employment or by agreeing to engage or make use of such a candidate in any position of employment or work the Client is deemed to have accepted these terms of business. For the purposes of this clause the word introduce shall be deemed to include without limitation the provision by CA Int Ltd of any details whether written or oral of a candidate for permanent employment.
(i) By agreeing to engage or make use of a candidate introduced by CA Int Ltd the Client will be liable for the appropriate introduction fee.
(j) The Client shall notify CA Int Ltd immediately a candidate introduced by CA Int Ltd is engaged.
(k) If the Client, without notifying CA Int Ltd, engages a candidate in any capacity within one year of the candidate being introduced by CA Int Ltd, or if the Client or member of the Client's staff refers a person introduced by CA Int Ltd to some other person or body and that other person or body engages the candidate in any capacity whether temporary, permanent or self-employed, the Client will be liable for an introduction fee for permanent staff at the prevailing rate based on the total first year's remuneration quoted by the Client on the registration of the vacancy, without entitlement to rebate. Interest at the rate of 3% per calendar month or part thereof will be applied from the date of appointment until payment of the invoice without concession.
(l) The Client is responsible for the taking up of references as to the candidate's qualifications, capabilities, integrity, medical history and suitability to meet the job specification. It is also the Client's responsibility to obtain a work permit for the candidate wherever necessary.
2 TEMPORARY STAFF TERMS
(a) These terms and conditions take effect from 1 st October 1996.
(b) No variation of these terms is valid or shall be binding on Care Angels International Limited (hereinafter referred to as CA Int Ltd) unless confirmed in writing with the authority of a Director.
(c) All accounts and charges are payable within 14 day from receipt of invoice and payment should be made to Care Angels, 325 Watford Way, Hendon, London NW4 4TE. Receipt of invoice shall be deemed to be two days after the date shown on the invoice.
(d) VAT is payable at the prevailing rate.
(e) CA Int Ltd reserves the right to charge interest on all invoices raised from the date of invoice until the date of payment calculated at the rate of 3% per calendar month or part thereof.
(f) If any employee of CA Int Ltd or any of its subsidiary companies is engaged by the Client on a temporary, permanent or self employed basis, these terms of business will apply and the Client will be liable to CA Int Ltd for an introduction fee equivalent to the normal permanent fee in the event of permanent employment.
(g) CA Int Ltd can accept no liability whatsoever for any loss, damage, costs or expenses howsoever caused which the Client may suffer or for which the Client may become liable arising our of or in connection with or as a result of the introduction to the Client or the engagement by the Client of a candidate.
(h) CA Int Ltd's responsibilities to the Client are to verify references and qualifications and to select a temporary suitable for introduction to the Client in accordance with the Client's requirements as to skills and experience as notified to CA Int Ltd at the time of the booking or subsequently in response to such questions as CA Int Ltd may ask to establish who would be a suitable temporary to do the work required. It is the Client's responsibility to supply CA Int Ltd with sufficient information and to respond honestly and accurately to CA Int Ltd's questions to enable CA Int Ltd to select a temporary with suitable abilities, qualifications and skills.
(i) By asking CA Int Ltd to introduce the temporary the Client is deemed to have accepted these terms of business. For the purposes of this clause the word introduce shall be deemed to include without limitation the provision by CA Int Ltd of any details written or oral of a candidate for temporary employment.
(j) The charge made for the temporary's services will be in accordance with the scale of charges advised to the Client at the time of booking. The charge will consist of the temporary's pay, commission, any expenses to be reimbursed and where appropriate employer's National Insurance contributions and VAT.
(k) The temporary will be employed by CA Int Ltd under a contract of service. CA Int Ltd will pay the temporary's wages and make appropriate deductions for earnings related insurance and income tax under Schedule E and account to the Inland Revenue for these deductions.
(l) Overtime and shift premiums, unless otherwise agreed in writing prior to the assignment are payable on the following basis: An overtime premium of 50% of the hours worked during the overtime period (i.e. 1 ½ times our standard charge) will be applied to any hours in excess of 7 ½ hours on a weekday and on all hours on Saturday. An overtime premium of 100% (i.e. 2 times/double our standard charge) will be applied to all hours worked on Sunday and Bank Holidays.
(m) One Day Guarantee . CA Int Ltd endeavours to ensure that the temporary will be satisfactory for the Client's requirements. If at any time the temporary proves to be unsatisfactory the Client should notify CA Int Ltd and a one day credit will be made, provided the temporary's services are discontinued immediately.
(n) The Client is responsible for ensuring that the temporary's ability, qualifications and skills are adequate to operate any equipment, machine and/or vehicles that the temporary may be called upon to operate and the Client will be solely responsible for any liability whatsoever which may arise therefore.
(o) The Client is responsible for providing adequate insurance whilst the temporary is under the Client's direction and control, to the extent that the temporary and CA Int Ltd have full benefit of coverage for any liability which might arise. The temporary is under the direction and control of the Client for the duration of his/her assignment.
(p) The Client is responsible for complying with the provision of the Offices, Shops and Railway Premises Act 1963, the Health and Safety at Work Act 1974 and any other health and/or industrial safety statute and any regulations made under these Acts and the Client will be solely responsible for any liability arising there under and will indemnify CA Int Ltd and/or the temporary against any liability, loss or damage whatsoever arising there under in connection with the assignment of the temporary.
(q) Whilst the temporary is under the Client's direction and control, the Client is responsible for ensuring that the temporary receives entitlements or rest breaks and rest periods in accordance with the Working Time Regulations 1998 (“the Regulations”) and for ensuring that the temporary's working time does not exceed the limit imposed by the Regulations unless CA Int Ltd has informed the Client that the temporary has agreed to exclude the operation of the Regulations in respect of the 48 hour working week. The Client will inform CA Int Ltd of any work the temporary is to perform which involves special hazards or heavy physical or mental strain and or any collective or workforce agreement inexistence under Regulation 6(8) (a) which identifies such work.
(r) The Client shall notify CA Int Ltd immediately on engaging or making use of the temporary introduction by CA Int Ltd.
(s) If within six months of introduction of the temporary or the completion by the temporary of his or her assignment (whichever is later), the Client agrees to employ or make use of the temporary in any capacity whether temporary, permanent or self-employed otherwise than directly through CA Int Ltd or the client refers the temporary to an associated or subsi- diary company of the Client or to any third party who so employs or makes use of the temporary, the Client will be liable for a fee of 400 times the temporary's hourly rate without entitlement to rebate. Interest will run from the date of employment or engagement calculated at the rate of 2% per calendar month or part thereof.
(t) The Client will sign the timesheet and such signature by the client on behalf of CA Int Ltd on the timesheet, charge sheet or other formal confirmation of the completed assignment shall be deemed conclusive evidence (a) that the Client is satisfied with the work done by the temporary or temporaries concerned and (b) that the Client will pay the charges in full without dispute or deduction. However, failure by the Client to sign any timesheet or charge sheet shall not preclude charging by CA Int Ltd in full for all time actually worked by the temporary in accordance with these conditions. Further, unless and until CA Int Ltd is notified of dissatisfaction as provided by Clause (m) the Client shall be deemed to be fully satisfied.

