TERMS AND CONDITIONS OF BUSINESS OF
ST PANCRAS RECRUITMENT LTD
The following expressions shall have the following meanings:
1.1 “Agent” means St Pancras Recruitment Limited (company number 8060652) whose registered office is at 300 Vauxhall Bridge Road, London, SW1V 1AA;
1.2 “Client” means any person who purchases Services from the Agent;
1.3 “Registration Form” means a booking document, letter of engagement, application form, quotation or other written instruction describing the agency Services;
1.4 “Services” means the agency services as described in the Registration Form;
1.5 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.6 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions;
1.7 “Candidate” means any nanny, mother’s help, maternity nurse or other childcare professional requested or housekeepers.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 These Terms and Conditions shall be attached to any Registration Form and signed and returned to the Agent by the Client.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 REGISTRATION FORM
3.1 The Registration Form is sent with these Terms and Conditions.
3.2 The Registration Form must be accepted by the Client in its entirety.
3.3 The Agreement between the Agent and the Client, incorporating these Terms and Conditions, shall only come into force when the Agent confirms acceptance in writing to the Client.
4.1 The Services are as described in the Registration Form.
4.2 Any variation to the Services must be agreed by the Agent in writing.
4.3 The Services shall commence on the dates specified on the Registration Form
5 PRICE AND PAYMENT
5.1 The amount of the Agency fee will be determined depending on the type of employment as follows:
5.2.1 A permanent position is a placement for a duration in excess of 6 months. The amount of the Agency fee will be determined depending on the type of employment as follows:
Permanent Agency fee will be calculated as a percentage of the agreed net weekly salary of the placed candidate multiplied by 52 weeks:
Non-refundable registration fee in advance of an introduction (to be deduced from placement fee): £45
14% or where the Agency fee would not exceed £950 the Agency charges a minimum placement fee for a permanent position in the UK of £950.
Non-refundable registration fee in advance of an introduction (to be deduced from placement fee): £250
18% or where the Agency fee would not exceed £950 the Agency charges a minimum placement fee for a permanent position of £950.
All fees stated above are exclusive of VAT as the Agency doesn’t charge it in accordance with HRMC rules. All payments must be in UK pounds sterling unless otherwise agreed in writing.
5.2.2 A temporary position is a placement for six months duration or less:
UK based: £40 a day or £150 a week Overseas: £250 a week
5.3 If the fees paid relate to a temporary placement of a Candidate who then becomes a permanent employee of the Client from the date of the initial introduction the Client shall pay the difference between the temporary and permanent placement fees at the time of the change in employment status.
5.4 Fees relating to the cancellation of any bookings will be 10% of the invoice.
5.5 The Client must settle all payments for Services within seven working days from the invoice date. The invoice issued by the Agency must be settled in full prior to the Candidate commencing employment with the Client. For overseas placements, invoices must be settled by the Client prior or the date that the Candidate departs for such placement.
5.6 The Client will pay a surcharge of 25% on all invoices that have not been settled when due.
5.7 The Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
5.8 The Client is not entitled to withhold any monies due to the Agent.
5.9 The Agent is entitled to vary the price to take account of:
5.9.1 any additional Services requested by the Client that were not included in the original Registration Form;
5.9.2 any reasonable increase in fee rates, if applicable;
and any variation must be intimated to the Client in writing by the Agent.
6 CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate with the Agent as may be required.
6.2 The Client shall provide full details to the Agent of the work required of the Candidate.
6.3 The Client shall notify the Agent immediately should it choose to engage a Candidate introduced by the Agent.
6.4 The Client agrees to pay the appropriate fee (as described in clause 5.1) on the placement of a requested Candidate.
6.5 If the Client or a member of the Client’s staff or any acquaintance or associate of the Client, passes on an introduction to any other person or persons within six months of the Candidate’s introduction to the Client by the Agent, resulting in the engagement of the Candidate, the Client shall be liable for payment of the full fee in accordance with the fees described in clause 5.1.1 for permanent placements.
6.6 The Client is responsible for the employment of the Candidate including the contract of employment.
6.7 The Client is responsible for any deductions of tax or National Insurance from the Candidate.
6.8 The Client is responsible for obtaining any medical certificates, work permits or other approvals necessary for the Candidate prior the commencement of employment.
7 AGENT OBLIGATIONS
7.1 The Agent shall supply the Services as specified in the Registration Form.
7.2 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
7.3 The Agent will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Candidate.
7.4 The Agent shall obtain references from each Candidate but the Client must satisfy themselves as to the ultimate suitability of a Candidate.
8.1 The Client is entitled of one replacement if the Candidate leaves the Client within the first six calendar month of employment start date.
8.2 The Agency shall only be obliged to provide to the Client a maximum of 6 candidate profiles for the replacement based on the information originally provided in the Client registration form.
8.3 A replacement will not apply:
8.3.1 if a Client hasn’t paid any invoices when due;
8.3.2 if the Candidate left employment due to a change in the job description, location or working hours originally agreed
8.3.3 if the Candidate left employment because the Client was physically or verbally aggressive towards the Candidate.
9.1 The Agency does not offer refunds except in extenuating circumstances and at its sole discretion.
10.1 The Agreement shall continue until the Services have been provided in terms of the Registration Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
11 LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, however the Agent shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Clients claim is first notified.
11.2 The Agent accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by the Agent.
The Client shall indemnify the Agent against all claims, costs and expenses that the Agent may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.
13 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
15 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the trading address of the other party given or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
17 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
18 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English.