Terms & Conditions

1. In these terms and conditions the following words shall nave the following meanings:

1.1 "Applicant" means the individual introduced to the Client by SANPAL RECRUITMENT  for a permanent position;

1.2 "Assignment" means the period during which the Temp is required to render services to the Client;

1.3 'Charges' shall mean the agreed rate per hour which SANPAL RECRUITMENT  has advised the Client prior to the commencement of the Assignment for all the periods worked during the Assignment (subject to any variation provided for in these Terms) together with any expenses that are to be reimbursed to SANPAL RECRUITMENT  by the Client in respect of the SANPAL RECRUITMENT ’s supply of the services of any Temp;

1.4 "Client" means the person, firm or corporate body together with any subsidiary or group company as defined by the Companies Act 1985 to whom the Temp is supplied or to whom an Applicant is introduced;

1.5 "SANPAL RECRUITMENT " means Sanpal Recruitment   Limited of 39 Morton Road, London N1 8QA together with any subsidiary or group company as defined by the Companies Act 1985 ("the Group");

1.6 "Contract period" means the initial fixed period of the Assignment and if there is any extension or renewal of the Assignment then each such extended or renewed period will be a separate Contract period;

1.7 "Engagement" means any employment or use of the Temp or Applicant (as applicable) on a permanent or temporary basis, whether under a contract of service or for services, an agency, license, franchise or partnership arrangement or any other engagement;

1.8 "The Fee" means sums due to SANPAL RECRUITMENT  plus VAT calculated as follows :

1.8.1 in respect of the Engagement of an Applicant, the relevant percentage of his/her Remuneration determined as follows: 25%. The Fee shall be payable within 14 days from the date of invoice or on the Engagement of an Applicant whichever is sooner;

1.8.2 in respect of an Engagement which results from executive search and selection the fee shall be 33% of the Remuneration which shall be payable in three approximately equal instalments, the final instalment reflecting the actual agreed Remuneration. The first instalment is invoiced upon SANPAL RECRUITMENT ’s acceptance of the Clients instruction; the second on submission to the Client of a shortlist of Applicants and the third on the Applicants acceptance of the Client’s offer of an Engagement;

1.8.3 in the event of there being provision for an increase in Remuneration during the first year, SANPAL RECRUITMENT  will be also be entitled to an additional Fee calculated on the total sum received by the Applicant during the first year of the Engagement;

1.8.4 in respect of the Fixed Term Staff by taking the daily rate of the Contract period and multiplying it by 365 to provide an annual rate and calculating the fee by the appropriate percentage payable based upon the equivalent annual salary payable in respect of permanent staff.

1.8.5 Where a Fee is based on Remuneration which is expressed in foreign currency, the Fee shall be calculated in sterling at its exchange rate in force on the date of the invoice.

1.9 "First interest rate" means the rate of 4% above the Base Lending Rate of Barclays Bank plc from time to time or 12% per annum, whichever is the higher which interest is to be compounded monthly and "Second interest rate" means the rate of 2.5% per month which interest is to be compounded monthly.

1.10 "Introduction" means the Client’s interview of an Applicant or Temp (as applicable) in person or by telephone following the Client’s instruction to SANPAL RECRUITMENT  to fill a vacancy or the passing to the Client of a resume or CV ("cv") or providing other information (including verbal) which identifies the Applicant/Temp, and which leads to an Engagement of that Applicant or Temp by the Client and the word 'introduce' shall be construed accordingly;

1.11.1 "Introduction Fee" means the fee plus VAT payable (and in accordance with clauses 23.2, 23.4 and 23.6 below) and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("the Regulations") and calculated as follows: a percentage of a notional annual Remuneration based on a multiple of the hourly, daily or monthly charge out rate of the Temp. For the purposes of this calculation a day is deemed to be 7.5 hours, a week 37.5 working hours, and a year 52 weeks.

1.12 "Remuneration" means the aggregate gross annual taxable emoluments payable to or receivable by the Applicant pursuant to the Engagement, including salary, increases in salary, bonuses, profit share, commission, pension, per day allowances and any signing-on or inducement payments or equivalent (contractual or otherwise and whether guaranteed or not) paid to the Applicant during the first year of the Engagement or attributable to such period and paid subsequently. The value of payment of pension contributions shall be calculated as the higher of the actual value of the contributions or £2,000 per annum but disregarding any statutory contributions made to a Stakeholder pension scheme. Bonus/profit share which is not guaranteed will be determined on the projected values. Any car, housing and/or relocation allowance shall be treated as part of the Applicant’s taxable emoluments. The value of the provision of a company car shall be assessed at £5,000 per annum and provision of housing, accommodation, and/or relocation allowance shall be calculated as the higher of either the benefit or £2,500 per annum. Where the salary or any other element of the package offered to the Applicant is expressed to be net, (i.e. after deductions) then for the purposes of calculating the Remuneration this will be grossed up to reflect the value prior to tax or other deductions, by a percentage agreed between SANPAL RECRUITMENT  and the Client, or failing agreement, by a factor of 66%; in the case of an overseas Engagement, remuneration will be calculated as above and any grossing up for tax and National Insurance purposes shall be at the equivalent UK rate.

1.13 "Temp" means the person, limited company (including any officer, employee or agent of it) supplied to the Client by SANPAL RECRUITMENT  to carry out an Assignment;

1.14 "Transfer Fee" means the fee plus VAT payable in accordance with clauses 23.1 and 23.5 below and Regulation 10 of the Regulations and calculated as follows: a percentage of a notional annual Remuneration based on a multiple of the hourly, daily or monthly charge out rate of the Temp. For the purposes of this calculation a day is deemed to be 7.5 hours, a week 37.5 working hours, and a year 52 weeks.

1.15 "Fixed Term Staff" an individual engaged by the Client for a fixed term (whether or not that contract is renewable) whether as an employee or otherwise.

2. References to the singular shall where appropriate be deemed to include the plural and references to the masculine gender shall where appropriate include the feminine and neuter genders.

3. These Terms regulate the basis upon which SANPAL RECRUITMENT  supplies Temps and/or Applicants to the Client and are deemed to be accepted by the Client by virtue of its request for Introduction to, or Engagement of, the Temp/Applicant.

4. The Client agrees to notify SANPAL RECRUITMENT  immediately of the details of any Engagement and of the Remuneration and provide a copy of any documentation relating to the same for any Applicant or Temp (as appropriate) and to pay the Fees and Charges (plus VAT) in accordance with these Terms whether or not details of such Applicant/Temp have been received from any other agency.

Permanent Placements

 

5. Provided that a) the Client complies with all these Terms including the prompt payment of all Fees and b) the Applicant was not engaged previously as a Temp nor as a Fixed Term Staff and c) the client notifies SANPAL RECRUITMENT  in writing within 7 days of termination and d) that SANPAL RECRUITMENT  notwithstanding this guarantee be entitled to receive a minimum fee of £850 plus VAT to cover administration costs;

SANPAL RECRUITMENT  guarantees that if an Applicant leaves the Client’s employment for any reason within the first 10 weeks, 1/10th of the Fee shall be refunded for every complete week not worked within that period save that should the Applicant leave having been engaged for any part or whole of the 10th week no refund shall be made. No refund will be made where the termination is for redundancy or is the result of a reconstruction or reorganisation of the Client’s business.

6If the Fee is not received by SANPAL RECRUITMENT  within 14 days of the date of invoice no refund will apply and SANPAL RECRUITMENT  shall charge interest from the date of the invoice at the First Interest Rate until actual date of receipt by SANPAL RECRUITMENT  of the payment calculated at a daily rate.

Temporary Workers

 

7. The current scale of Charges will be supplied to the Client prior to the Assignment. SANPAL RECRUITMENT  reserves the right to vary the Charges at any time upon notice with immediate effect during the Assignment. Arrangements for travelling, hotel and other expenses are not included in SANPAL RECRUITMENT ’s charges and shall be made separately between the Temp and the Client.

8. Charges and expenses due to SANPAL RECRUITMENT  will be invoiced on a weekly basis and are payable within 7 days of the date of invoice. SANPAL RECRUITMENT  may charge interest at the Second Interest rate following expiration of 7 days from the date of invoice until the date of payment in full calculated at a daily rate.

9. SANPAL RECRUITMENT  is responsible for paying the Temp's remuneration and for the deduction and payment of PAYE National Insurance Contributions and Schedule E Income Tax applicable to the Temp as required by law. SANPAL RECRUITMENT  will account to the relevant authorities for the Income Tax and employer's and employee's National Insurance Contributions. Except for this obligation SANPAL RECRUITMENT  shall have no other responsibility or liability vicariously or otherwise for the Temp.

10. The Client is responsible for providing adequate insurance during the period that the Temp is under the Client’s direction and control to the extent that SANPAL RECRUITMENT  shall have full benefit of Coverage: for any liability for the acts or omissions of the Temp which might arise during the duration of the Assignment.

11. Whilst every effort is made by SANPAL RECRUITMENT  to ensure and maintain standards of skill, integrity and reliability of Temps according to details given to SANPAL RECRUITMENT  prior to the Assignment no liability will be accepted by SANPAL RECRUITMENT  for any loss, damage or delay arising from failure to provide a particular Temp for all or any part of the period of Assignment.

12. The Client undertakes at all times to supervise the Temp assigned to it to ensure that a reasonable standard of workmanship is being provided. In the event that the Client finds the Temp's services to be unsatisfactory, SANPAL RECRUITMENT  will reduce or cancel the Charge for the time worked on that day provided that SANPAL RECRUITMENT  is notified within 2 hours from the commencement of the Assignment by the Client, the Temp leaves the Assignment immediately, the notification is confirmed in writing, and if SANPAL RECRUITMENT  so requires, the Client immediately provides evidence of the inability of the Temp to perform the services for which the Temp has been engaged.

13. At the end of each week of the Assignment (or, where the Assignment is for a period of less than one week or is completed before the end of a week, at the end of the Assignment) the Client shall sign SANPAL RECRUITMENT 's Schedule of Work Form or timesheet ("the Form") verifying the number of hours worked by the Temp during that week. The Client shall be responsible for ensuring that only authorised members of its staff sign SANPAL RECRUITMENT ’s Form on its behalf.

14. Signing of the Form by the Client constitutes acceptance that the Temp's services have been provided for the hours/days/half days indicated and that such services have been satisfactory. Failure to sign the Form does not alter the Client’s obligation to pay the charges in respect of the hours worked. If the Client fails to register any complaint it may have in writing to SANPAL RECRUITMENT  within one working day of the work's completion then the Client shall be deemed to be fully satisfied with the Temp.

15. Unless otherwise provided for the Charges shall be increased in respect of any overtime worked by the Temp on the following basis:

15.1 50% increase for any hours worked above 37.5 hours per week Monday to Friday and any hours worked on Saturdays, and

15.2 100% increase for hours worked on Sunday and bank or public holidays

Fixed Term Staff

 

16. The refund provisions in Clause 5 shall not apply in respect of Fixed Term Staff

17. Where the Client engages Fixed Term Staff the Client will be liable for the Fixed Term Staff as if it had engaged Permanent Staff save that:

17.1 The Client will pay the Fee for the Fixed Term Staff at the commencement of and on the renewal of each Contract Period.

17.2 The conditions referred to for Permanent Staff shall otherwise apply save that the Fee must be paid within 7 days of the date of invoice or the commencement of the Engagement, whichever shall be sooner, and in default of this, the Second Rate of Interest shall accrue on the Fee.

General Terms

 

18. Any written information or CV supplied to the Client by SANPAL RECRUITMENT  is supplied in good faith and on information given to SANPAL RECRUITMENT  by Applicant/Temp and SANPAL RECRUITMENT  cannot represent or warrant the same to be true or to be implied as a term of this contract but it is for the Client to make full investigations and require evidence of such information from the Applicant/Temp. The Client is responsible for taking up references covering the Applicant/Temp’s skill, general integrity, obtaining work permits and satisfying any medical, criminal, educational and qualification requirements, references and any other matters required by it. No liability whatsoever is accepted by SANPAL RECRUITMENT  therefore in respect of the matters referred to in this clause.

19. SANPAL RECRUITMENT  does not accept any responsibility for any loss, expense, damage or delay however occasioned arising from any Assignment or the Engagement of any Applicant or Temp. The Client agrees that no claims, demands or liabilities whatsoever that may arise by reason of negligence, fraud, dishonesty misconduct or lack of skill in connection with an Applicant shall be made against SANPAL RECRUITMENT . For the avoidance of doubt SANPAL RECRUITMENT  does not exclude liability for death or personal injury arising from it’s own negligence.

20. When making an Introduction of a Temp to the Client SANPAL RECRUITMENT  shall inform the Client of the identity of the Temp; that the Temp has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Temp will be employed by SANPAL RECRUITMENT  a contract of service or apprenticeship or a contract for services; and that the Temp is willing to work on the Assignment.

Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the 3rd business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Temp is being Introduced for an Assignment in the same position as one in which the Temp had previously been supplied within the previous 5 business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.

Details of Applicants and Temps and any information disclosed in connection with them by SANPAL RECRUITMENT  to Clients are confidential. The passing of such details to a third party which results in an Engagement with that third party renders the Client liable to full payment of a Fee calculated in accordance with clause 1.8 above.

21. If the Client entrusts the Applicant/Temp with money, securities, valuables or negotiable documents or access to any such matters, then this will be the sole risk of the Client and SANPAL RECRUITMENT  will not be liable for any loss, actions, proceedings, claims, demands or liabilities arising from the acts, omissions, negligence, fraud or other default on the part of the Applicant/Temp.

22.1. In the event of the Engagement by a Client, otherwise than through the SANPAL RECRUITMENT , of an Applicant or Temp on any basis or in any capacity whatsoever, whether directly or indirectly, and whether for a definite or indefinite period which results from an Introduction either within 12 months from the Introduction or, if later, within 12 months of the termination of the relevant Assignment or Engagement with the Client, the Client shall notify SANPAL RECRUITMENT  and provide SANPAL RECRUITMENT  with full and written details of such subsequent engagement and the Remuneration.

22.2. In the event of the Engagement by a Client, otherwise than through SANPAL RECRUITMENT , of an Applicant the Client will be liable to SANPAL RECRUITMENT  for the Fee in accordance with clause 1.8 above but the refund provisions in clause 5 will not apply. If the Client fails to give notice and remuneration details by the start date of the said engagement SANPAL RECRUITMENT  shall charge the Fee as a percentage of a notional annual remuneration based on a multiple of the hourly, daily or monthly charge out rate of the Temp. For the purposes of this calculation a day is deemed to be 7.5 hours, a week 37.5 working hours, and a year 52 weeks

In the case of an Engagement by the Client or a third party, the Fee will be the sum that would have been payable if the original Introduction had resulted in an Engagement through SANPAL RECRUITMENT  under the provisions provided in this clause

23.1. In the event of the Engagement by the Client of a Temp supplied by SANPAL RECRUITMENT  for an Assignment either (1) directly or (2) pursuant to being supplied by another employment business, within a) the duration of the Assignment; or b) 14 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or c) 8 weeks from the day after the last day the Temp worked on the Assignment the Client shall be liable, to either:

a) Subject to electing upon giving 14 days notice, an extended period of hire of the Temp being 14 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 1.3 for each hour the Temp is so employed or supplied; or

b) A Transfer Fee. However, where the client does not give such notice before the Temp is engaged the parties agree that the Transfer Fee shall be due.

23.2 In the event that there is an Introduction of a Temp to the Client which does not result in the supply of that Temp by SANPAL RECRUITMENT  to the Client, but which leads to an Engagement of the Temp by the Client either directly or pursuant to being supplied by another employment business within 12 months from the date of Introduction the Client shall be liable, to either:

a) Subject to electing upon giving 14 days notice, a period of hire of the Temp being no less than 14 weeks during which the Client shall pay the hourly charges agreed pursuant to clause 1.3 above for each hour the Temp is so employed or supplied; or

b)An Introduction Fee.

23.3 In the event that the Engagement of the Temp is for a fixed term of less than 12 months, the fee in clause 23.1(b) or 23.2(b), calculated as a percentage of the Remuneration, will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Temp within 12 months of the termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the 1st anniversary of its commencement, whichever is sooner.

23.4 If the Client elects for an extended period of hire, as set out above, but before the end of such period Engages the Temp supplied by SANPAL RECRUITMENT  either directly or pursuant to being supplied by another employment business or the Temp chooses not to be supplied for an extended period of hire, the Introduction Fee calculated in accordance with either 23.1.(b) or 23.2(b) may be charged, reduced by such percentage to reflect the period of extended hire already undertaken by the Temp and paid for by the Client.

23.5 In the event that a Temp who is supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temp by the third party within a) The duration of the Assignment; b) 14 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or c) 8 weeks from the day after the last day the Temp worked on the Client shall be liable to pay a Transfer Fee.

23.6 In the event that there is an Introduction of a Temp to the Client which does not result in the supply of that Temp by SANPAL RECRUITMENT  to the Client, but the Temp is introduced by the Client to a third party which results in the Engagement of the Temp by the third party within 12 months from the date of Introduction the Client shall be liable to an Introduction Fee.

23.7 The Client shall advise SANPAL RECRUITMENT  of any special health and safety matters about which the SANPAL RECRUITMENT  is required to inform the Temp. The Client will assist SANPAL RECRUITMENT  in complying with duties under the Working Time Regulations by supplying any relevant information about the Assignment requested, but SANPAL RECRUITMENT  and the Client will not do anything to cause SANPAL RECRUITMENT  to be in breach of its obligations under these rgulations.

23.8 Temps 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 Temp, whether wilful, negligent or otherwise as though he was on the payroll 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 etc, by-laws, codes of practise and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (except in relation to remuneration to the Temp), including in particular the provision of employer’s and Public Liability Insurance cover for the Temp during all Assignments.

23.9 Whilst every effort is made by the SANPAL RECRUITMENT  to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temp’s and further to provide them in accordance with the Client’s specification, SANPAL RECRUITMENT  is not liable for any loss, expense, damage or delay arising from any failure to provide any Temp for all or in part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temp. For the avoidance of doubt, SANPAL RECRUITMENT  does not exclude liability for death or personal injury arising from its own negligence.

23.10 In the event that the Engagement subsequently terminates by reference to clauses 23.1, 23.2 and 23.5 no refund of the Introduction Fee or Transfer Fee as applicable will be paid.

24. Only SANPAL RECRUITMENT  is entitled to assign, charge or otherwise deal with the benefit and/or the burden of this agreement and in the case of any such assignment by SANPAL RECRUITMENT , notice in writing will be given to the Client.

25. Whilst the parties consider the Terms to be reasonable in all circumstances, it is agreed that if any one or more of the terms is considered to go beyond what is reasonable in all the circumstances to protect the legitimate interests of SANPAL RECRUITMENT  or the Group but would be adjudged reasonable if any particular term were deleted such wording may be deleted restricted or limited by SANPAL RECRUITMENT  to give effect to the remainder of the Agreement so that each clause may be considered separate and distinct.

26. No variation can be made to these Terms without the written consent of a director of SANPAL RECRUITMENT  and such variation will only have effect provided all relevant Fees are paid in accordance with these Terms.

27. English law shall apply to this Agreement and the Client subjects itself to the exclusive jurisdiction of the English Court.