'Candidate' means a person or limited company introduced by Our Metals Ltd to the Client for the purpose of a permanent or fixed term position with the Client.
'Client' means the hirer who has requested Our Metals to introduce a Candidate or to whom Our Metals Ltd has introduced a Candidate.
'in any capacity' includes without limitation on a permanent, fixed term, temporary or self employed basis.
'introduce' means the provision by Our Metals Ltd to the Client of any details, whether written or oral, of a Candidate.
'position' means a permanent or fixed term vacancy within the Client's organisation, as appropriate.
'Our Metals' means Our Metals Ltd.
'Regulations' means the Conduct of Employment Agencies and Employment Business Regulations.
'Terms of Business' means these Employment Agency Terms of Business, any documents agreed or issued pursuant to the terms herein and any agreed variations.
These Terms of Business take effect from February 2008 and supersede any previous terms of business issued by Our Metals.
When introducing a Candidate for permanent or fixed term employment, Our Metals is acting as an employment agency as defined in the Regulations.
By asking Our Metals to introduce a Candidate for any position, or by agreeing to engage or make use of a Candidate in any capacity, the Client is deemed to have accepted these Terms of Business.
No variation of these Terms of Business is valid or shall be binding on Our Metals unless confirmed in writing to the Client.
The Client shall notify Our Metals immediately on engaging or making use of a Candidate in any capacity.
By agreeing to engage or make use of a Candidate in any capacity, the Client will be liable for the permanent introduction fee.
All fees and charges are payable within 7 days from receipt of invoice and payment shoul be made to Our Metals Ltd, Waterfront Studios, 1 Dock Road, Silvertown, London, E16 1AG.
Receipt of invoice shall be deemed to be two days after the date shown on the invoice.
VAT is payable at the prevailing rate.
Our Metals reservces the right to charge interest on all invoices raised from the date of invoice until the date of payment calculated at the rate of 2% per calendar month or part thereof.
In respect of a position, the Client shall provide Our Metals with the following information:
its full corporate name, address and registered number or, where not applicable, its full business and trading name and address, and the nature of business;
the nature of the position, including the type of work involved, the location, the hours of work, the commencement date, and the likely duration;
any risk to health and safety known to the Client and the steps taken by the Client to prevent or control such risks;
the experience, training qualifications and any authorisations which are required by the Client including any which the Client is aware are required by law or by any professional body in respect of such position;
any expenses payble by or to the Candidate;
the minimum remuneration, the intervals of payment and any other benefits in relation to the position;
the lenghts of notice which the Candidate would be entitled to receive or be required to give for termination of employment.
if it intends to engage the Candidate otherwise than as an employee on a contract of services; and
if position involves working with vulnerable persons, including withoit limitation, persons under the age of 18, or persons in need of care or attention by reason of old age, infirmity or any other circumstances.
The Client is responsible for satisfying itself that a Candidate is suitable for the position.
It is also the Client's responsibility to obtain a work permit for the Candidate whenever necessary.
Our Metals accepts no liability whatsover for any loss, damage, costs or expenses howsoever caused which the Client may suffer or incur arising out of ou in connection with the introduction to or the engagement by the Client of a Candidate unless such loss, damage, costs or expenses are a direct result of the negligent acts or omissions of Our Metals.
For the avoidance of doubt, nothing in this clause shall be deemed to exclude any liability which cannot by law be excluded, including without limitation, liability for death or personal injury and fraudelent misrepresentation.
If, after an offer of employment has been accepted by a Candidate, the Client withdraws such offer, it shall be liable for a cancellation fee of 50% of the permanent introduction fee.
If the Client, without notifying Our Metals, engages a Candidate in any capacity within one year of the Candidate being introduced by Our Metals,
or if the Client or the Client's employee, agent or sub-contractor refers a Candidate to a third party and that third party engages the Candidate in any capacity,
the Client will be liable for a permanent introduction fee based on the total first year's renmuneration quoted by the Client on the registration of the position, without entitlement to rebate.
If the total first year's remuneration was not quoted the introduction fee shall be 4,000 GBP/EUR/USD.
(Currency would depend on the currency used in the offer by the Client to a Candidate).
Interest rate at the rate of 2% per calendar month or part thereof will be applied from the date of appointment until payment of the invoice without concession.
If, within 12 months of registration of a position, any employee of Our metals or any of its subsidiary companies with whom the Client has dealt with during that 12 month period is engaged by the Client in any capacity, these Terms if Business will apply and the Client will be liable to Our Metals for an introduction of 4,000 GBP/EUR/USD without entitlement of rebate.
Interest at the rate of 2% per calendar month or part thereof will be applied from the date of appointment until payment of the invoice without concession.
By asking Our Metals to carry out any act on its behalf, the Client is authorising Our Metals to act on the Client's behalf for that purpose.
By asking Our Metals to introduce candidates for a position, the Client is authorising Our Metals to advertise such position.
The Client Confirms that it is not aware of anything which will cause a detriment to the interests of the Candidate or the Client by engaging a Candidate in a position.
The Client shall inform Our Metals immediately if it becomes aware of any circumstances which would render such engagement detrimental to the interests of the Candidate or the Client.
On request, Our Metals will supply to the Client copies of any relevant qualifications or authorisations provided to Our Metals (except where Our Metals is not permitted to obtain, verify or disclose the same) and copies of non-confidential references in Our Metals's possession where:
a Candidate is required by law or a professional body to have qualifications and/or authorisations for the position; or
the position involves working with vulnerable persons, including without limitation, persons under the age of 18, or persons in need of care or attention by reason of old age, infirmity or any other circumstances.
Where a Candidate is to be engaged by the Client in any capacity other than as an amployee, the Client shall notify Our Metals if, in order to take up the position, the Candidate must occupy accomodation other than the Candidate's home and, if so, the Client undertakes to arrande suitable accomodation and travel to such accomodation.
If the Client has arranged free travel or payment of fares for the journey to work of either a Candidate who will not be anemployee of the Client or a Candidate under the age of 18,
the Client undertakes to include in such arrangement the cost of the return journey, including after the work has finished and where the work does not start.
The Client shall notify Our Metals if it is to lend money to the Candidate in order to meet travel or other expences, and:
shall provide Our Metals with terms of such loan; and
warrants that the repayment terms of such loan will not require the Candidate to repay a greater sum than the sum loaned.
No refund shall be due to the Client if it has not been claimed within 4 years of entitlement to the same arising.
If any provision or part thereof of these Terms of Business is held to be illegal or unenforceable the validity or enforceability of the remainder of the relevant provision and the Terms of Business shall not be affected.
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