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Terms of Service

The following terms and conditions (the “Terms of Service”) constitute an agreement between you, whether as a customer, prospect, business or referral partner, or casual visitor (“User”, “you”, or “your”) and AllRecruitment Global Ltd, and its group companies, affiliates, successors, and assigns (“AllRecruitment Global Ltd”, “we”, “us”, or “our”) regarding your use of AllRecruitment Global Ltd’ Site and related web offering (as defined below). AllRecruitment Global Ltd is the owner and operator of www.allrecruitment.uk  website (the “Site”), our email newsletters, email notifications, our referral program, and any related electronic communication platform (collectively, the “Web Offering”), and all content and features contained in the foregoing.

BY ACCESSING THE SITE, UTILIZING THE WEB OFFERING, REQUESTING INFORMATION THROUGH OUR SITE, REGISTERING FOR OUR REFERRAL PROGRAM AND/OR REGISTERING FOR A WEBINAR, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY NOTICE.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Modifications to the Terms of Service

AllRecruitment Global Ltd, in its sole and absolute discretion, may change, modify or discontinue the Site, the Web Offering, or these Terms of Service (including any policies or agreements that are incorporated by reference hereto) at any time and without prior notice to you. Any changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) AllRecruitment Ltd may notify you of such changes by posting them to this Site and that (ii) your continued use of this Site and/or the Web Offering after such changes or modifications were made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Service as last revised. In addition, AllRecruitment Ltd may occasionally notify you of upcoming changes or modifications to these Terms of Service by email.

Eligibility; Registration

This Site and the Web Offering are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Web Offering, you represent and warrant that you are at least eighteen (18) years of age.

If you are visiting this Site or using the Web Offering from a country other than the United Kingdom, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site, using the Web Offering, and/or communicating electronically with us, you consent to such transfers.

Your Use of the Site and the Web Offering

You agree that your use of the Site and the Web Offering, including any content you submit, will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations. You agree that you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You agree you will not use this Site or the Services Web Offering in a manner (as determined by AllRecruitment Global Ltd in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another individual or any other third party, or that is otherwise objectionable. You will not use this Site or the Web Offering to send spam or other unsolicited bulk email, for computer or network hacking or cracking; or to transmit any viruses, worms, bugs, Trojan horses or other code; or files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Web Offering. You will not copy or distribute in any medium any part of the Site or the Web Offering, except where expressly authorized by AllRecruitment Ltd. You will not access AllRecruitment Ltd’ Content through any technology or means other than through this Site or the Web Offering. You will not use this Site or the Web Offering for any commercial use without AllRecruitment Ltd’ express prior written consent.

Intellectual Property

The content on this Site and the Services, including without limitation the text (such as the articles found on our website or in our email newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features; and the trademarks, service marks and logos contained therein (“AllRecruitment Global Ltd Content”), are owned by or licensed to AllRecruitment Ltd, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and in other international jurisdictions, and AllRecruitment Ltd asserts any and all additional intellectual property rights under United Kingdom and international law. AllRecruitment Ltd’ Content is provided to you “as is”, “as available”, and “with all faults” for your information and personal, non-commercial use only. AllRecruitment Ltd’ Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AllRecruitment Ltd. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Service. AllRecruitment Ltd reserves all rights not expressly granted in and to AllRecruitment Ltd Content, this Site and the Web Offering, and these Terms of Service do not transfer ownership of any of these rights.

If you violate any part of these Terms of Service, your permission to access and/or use AllRecruitment Global Ltd Content and the Site, or the Web Offering automatically terminates and you must immediately destroy any copies you have made of AllRecruitment Global Ltd Content.

The trademarks, service marks, and logos of AllRecruitment Global Ltd (“AllRecruitment Global Ltd Trademarks”) used and displayed on the Site and the Web Offering are registered and unregistered trademarks or service marks of AllRecruitment Global Ltd. Other company, product, and service names located on the Site and the Web Offering may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with AllRecruitment Global Ltd Trademarks, the “Trademarks”). Nothing on the Site or the Web Offering should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of AllRecruitment Global Ltd Trademarks inures to our benefit.

The Site and the Web Offering have been specially designed to present AllRecruitment Global Ltd Content in a unique format and appearance. AllRecruitment Global Ltd is concerned about the integrity of AllRecruitment Global Ltd Content when viewed in a setting created by a third party that may include advertising or other materials that AllRecruitment Global Ltd has not authorized to be displayed with our content. Elements of the Site and the Web Offering are protected by trade dress, trademark, and unfair competition and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of AllRecruitment Global Ltd Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized in writing by AllRecruitment Global Ltd.

Links to Third-Party Websites

This Site and the Web Offering may contain links to third-party websites that are not owned or controlled by AllRecruitment Global Ltd. These links are provided solely as a convenience to you and do not constitute an endorsement by AllRecruitment Global Ltd of the content on such websites nor of the business practices of those operating those websites. AllRecruitment Ltd has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, AllRecruitment Ltd does not censor or edit the content of any third-party websites. By using this Site or the Web Offering, you expressly release AllRecruitment Ltd from any and all liability arising from your use of any third-party website. Accordingly, AllRecruitment Ltd encourages you to be aware when you leave this Site or the Web Offering and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Indemnity

You agree to indemnify and hold harmless AllRecruitment Global Ltd, and its affiliates, and their respective directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your breach of these Terms of Service or your misuse of the Site, the Web Offering, or AllRecruitment Global Ltd Content. AllRecruitment Global Ltd reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Disclaimer of Warranties and Limitation of Liability

THE SITE, THE WEB OFFERING, AND ALL ALLRECRUITMENT LTD CONTENT IS AVAILABLE “AS IS.” ALLRECRUITMENT LTD DOES NOT WARRANT THAT THE SITE, THE WEB OFFERING, OR ANY ALLRECRUITMENT LTD CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, THE WEB OFFERING, OR ANY ALLRECRUITMENT LTD CONTENT.

WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, THE WEB OFFERING, ANY ALLRECRUITMENT LTD CONTENT OR ANY INFORMATION THAT IS AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE WEB OFFERING, OR ANY ALLRECRUITMENT LTD CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF LEGAL OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE, THE WEB OFFERING, OR ANY ALLRECRUITMENT LTD CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF LEGAL, HUMAN RESOURCES, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE, THE WEB OFFERING, OR ANY ALLRECRUITMENT LTD CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE WEB OFFERING, THE SITE, OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, THE WEB OFFERING, AND ANY ALLRECRUITMENT LTD CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE WEB OFFERING, THE SITE, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, ALLRECRUITMENT LTD, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE WEB OFFERING, OR ANY ALLRECRUITMENT LTD CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

Limitation of Liability

CERTAIN LAWS IN THE UNITED KINGDOM DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Binding Arbitration

Except for (i) disputes arising from an alleged violation of intellectual property rights or breach of confidentiality for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and (ii) actions to enforce an arbitrator’s decision, for which action may be taken in any court of competent jurisdiction in the United Kingdom, and in which, or any such action or proceeding that takes place relating to or arising out of these Terms of Service, you hereby waive the right to trial by jury and hereby waive all defences of lack of personal jurisdiction and forum non convenience in, all disputes arising out of or related to these Terms of Service, including the scope, the construction or application of these Terms of Service, shall be resolved by binding arbitration governed by the 1996 Arbitration Act and in accordance with the commercial arbitration rules of the Arbitration Chambers, London then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in London. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator in London, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators qualified by Arbitration Chambers in London. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in London or United Kingdom with knowledge relevant to the dispute shall be selected by Arbitration Chambers to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of solicitors’ fees or arbitrators’ fees under this section.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by AllRecruitment Global Ltd at its sole discretion.

Miscellaneous

Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. These Terms of Service shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of laws principles. The titles and headings of these Terms of Service are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of these Terms of Service. Each covenant and agreement in these Terms of Service shall be construed for all purposes to be a separate and independent covenant or agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service. These Terms of Service contain the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. Nothing in the Terms of Service supersedes the terms of any Master Services Agreement, Referral Partner Agreement, the Referral Program Terms and Conditions, or any non-disclosure agreement between you and AllRecruitment Global Ltd.

 

Terms of Business: Supply of Permanent & Temporary Staff

Recital: These are the conditions upon which the Agency provides temporary workers to Clients

1 Interpretation

1.1 In these conditions:

‘ASSIGNMENT’ means the period during which the Temporary Worker is supplied to render services to the client.

‘Business’ means AllRecruitment Global Limited. (Company number 6849585) whose registered office is at 10 Atlanta BLVD, Romford, Essex, RM1 1TB and or any company which is a parent, subsidiary or associated company of that AllRecruitment Global Limited, as agreed in respect of the relevant Contract to provide the Service.

‘BUSINESS’ STANDARD CHARGES’ means the charges notified to the Client in response to a request for the Service (or, if none are notified, charges equivalent to and calculated on the same basis as those generally charged by the Business for comparable services at the relevant dates) relating to the introduction or supply of Temporary Staff from time to time.

‘CLIENT’ means a person to whom the Business introduces and supplies or has agreed to introduce and or supply Temporary Staff ( and includes any company which is an associate of or in the same group of companies as the Client)

‘CONTRACT’ means the contract which arises between the Business and the Client from and in respect of each introduction and/or supply of a Temporary Staff Member.

‘REMUNERATION’ includes without limitation the gross amount of any salary, emoluments and all payments and benefits in kind payable to or receivable by a Temporary Staff Member for services rendered to or on behalf of the Client and/or, if relevant, a third party employer.

‘SERVICE’ means the introduction and/or supply of Temporary Staff by the Business to the Client.

‘TEMPORARY STAFF’ means one or more temporary workers introduced or supplied by the Business under a contract for services (or recruited/solicited from the Business’s own staff) and ‘TEMPORARY STAFF MEMBER’ means a member of the Temporary Staff.

1.2 The headings in these conditions are for convenience only and will not affect their interpretation.

2 Introduction/supply of Temporary Staff

2.1 The Service is provided subject to these conditions, which are deemed to be accepted by the Client when the Client requests, or accepts an offer by the Business of, the Service. No changes or additions to the Service or these conditions may be made unless agreed in writing by a Director of the Business and an appropriately authorised representative of the Client.

2.2 The Service will, subject to clause 7.2, be provided at such time(s) and for such period(s) as may be agreed between the Business and the Client.

3 Charges

3.1 Subject to any special terms agreed, the Client will pay the Business’ Standard Charges for the provision of the Service and any additional sums (including without limitation travelling, accommodation or other expenses) which are agreed between the Business and the Client in advance or are of an agreed type and are reasonable in amount.

3.2 The Business will be entitled to vary the Business’ Standard Charges from time to time by giving not less than fourteen days written notice to the Client and, for the avoidance of doubt, any such variation shall apply to Temporary Staff already subject to an Assignment with effect from the date of the notification.

3.3 All charges quoted to the Client for the provision of the Service are exclusive of any Value Added Tax, for which the Client will be additionally liable at the applicable rate from time to time.

3.4 The Business will be entitled to invoice the Client on a weekly basis during the week following each week in which the Service is provided, or at other times agreed with the Client.

3.5 The Business’s Standard Charges (including without limitation any additional sums payable) will be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 14 days of the date of the Business’s invoice or unless otherwise specifically agreed on separate documentation.

3.6 The Business’s Standard Charges will include a sum equal to the remuneration payable to, and any employers National Insurance payable in respect of, Temporary Staff, for which the Business will be responsible.

3.7 If payment is not made on the due date, the Business will be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount for the time being (both before and after any judgment) at the rate of 5% per week, per invoice from the applicable due date until the outstanding amount is paid in full. We also reserve the right to include all additional charges made liable to ourselves with the assignment and introduction of a debt collection agency / bailiffs as a third party in the event of non-payment from yourselves to AllRecruitment Global Ltd

4 Information

4.1 The Client agrees to provide the Business with all relevant information pertinent to the work to be completed by the Temporary Staff prior to the commencement of the Service, to enable a suitable Temporary Staff Member to be appointed to fulfil the Service. In particular, the Client will notify the Business of:

4.1a the nature of the Client’s business;
4.1b the date upon which the Assignment is to commence;
4.1c any licenses, training and/or qualifications the Client considers necessary for the Assignment;
4.1d any expenses payable by or to the Temporary Staff Member;

4.2 The Client will provide the Business with a copy of a current risk assessment of health and safety risks relevant to the location at which the Service is to take place.

4.3 Prior to the provision of the Service, the Business will inform the Client of the identity of the Temporary Staff Member, together with detail of his/her relevant/ required experience and/or necessary qualifications regarding the Service to be provided.

5 Timesheets

5.1 The Client will, at the end of each week in which the Service has been provided, sign an official record (in a form provided or agreed by the Business, fax, email, docusign document, text message, timesheet, whatsapp or electronic software verification , company letterhead) detailing the Service provided (including without limitation the hours worked by the relevant Temporary Staff Member) during that week. Signature of such record constitutes confirmation both of the relevant hours worked and of satisfaction by the Client with the work provided by the Business and the relevant Temporary Staff Member. Failure to sign the record does not relieve the Client of his obligation to pay for the Service.

5.2 If the Client does not notify the Business in writing, within 72 hours of the time record being signed in accordance with clause 5.1 above, of any dispute regarding the relevant hours worked or regarding satisfaction with the work provided by the Business, the hours worked will be deemed to be accurate and, if it subsequently transpires that the number of hours worked were inaccurately recorded and/or claimed by the Temporary Staff Member, the Client will be responsible for reimbursing the Business for any overpayment made to the Temporary Staff Member.

6 Liability

6.1 Whilst every effort is made by the Business to give satisfaction to the Client by ensuring reasonable standards of skill, reliability and integrity from the Temporary/ Permanent Staff and to provide Temporary/ Permanent Staff in accordance with the Client’s booking details and information provided in accordance with paragraph 4, the Business does not guarantee that it will be able to supply Temporary/ Permanent Staff and does not make any representations in respect of the Staff whether, without limitation, as to their personal or professional attributes or their suitability for any purpose and the Business will, therefore, not be liable for any loss (whether direct or indirect), expense, damage or delay arising from any failure to provide any Staff for all or part of the period of booking or from negligence, dishonesty, misconduct, or lack of skill of the Temporary/ Permanent Staff. This does not affect any liability the Business may have for personal injury or death caused by the negligence of the Business.

6.2 The Business will not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims, (whether caused by the negligence of the Business, its servants or agents, the Temporary Staff or otherwise) which arise out of or in connection with the provision of the Service or the use by the Client of Temporary/ Permanent Staff and the entire liability of the Business under or in connection with the Contract will not exceed the amount of the Business’s Standard Charges payable for the provision of the relevant Temporary/ Permanent Staff Member for the Assignment concerned, except as expressly provided in these conditions.

6.3 The Business shall not be liable for any breach of contract by reason of any delay in performing or completing any Assignment if the delay or failure was due to any cause beyond the Business’s reasonable control.

6.4 For the duration of any Assignment to a Client, Staff are deemed to be under the direction, supervision and control of the Client from the point at which they report to take up duties. The Client agrees to be responsible for all acts, omissions and errors (whether wilful, negligent or otherwise) of the Staff assigned to them as though such Temporary Staff were employees of the Client. Temporary Staff supplied by the Business are engaged under contracts for services. They are not the employees of the Business.

6.5 The Client agrees to comply with all relevant regulations, codes of practice and statutory and common law requirements to which the Client is ordinarily subject in respect of his own staff, except insofar as the Business has, in writing, specifically undertaken responsibility for compliance with the same. In particular but without limitation the Client will maintain adequate Employers Public Liability insurance and other relevant insurance to protect Temporary Staff throughout all Assignments. (We reserve the right to be provided with upon reasonable request a copy of the relevant documents). The Client undertakes not to require or permit the Temporary Staff to work in circumstances where the Business would thereby be in breach of the Working Time Regulations, to provide the Business with prompt and accurate records of the hours worked by each Temporary Staff Member and to notify the Business prior to the commencement of any week in which the Client will or might desire a Temporary Staff Member to work for more than 48 hours.

6.6 The Client indemnifies and agrees to keep fully and effectively indemnified the Business from and against all costs claims obligations liabilities damages and expenses which may be imposed on or suffered by the Business by reason of any act or omission of the Client in relation to Temporary Staff and/or any breach by the Client of its obligations hereunder.

6.7 The Client agrees to carry out inductions with all Staff supplied for the healthcare sector prior to commencement of any shift which must covering; health & safety, fire procedures, moving & handling equipment, recording information onto care plans, recording and reporting of accidents, emergency contact details and complaints procedure. The client also agrees to conduct and perform the required DVLA Licence check either prior to the shift / assignment commencing or upon the said driver arriving for their shift, in addition to full access for the downloading of their digital tacho card print outs reading and monitoring of the said assignment shift.

7. Termination of Assignments of Temporary Staff

7.1 The Client undertakes to supervise the Temporary Staff assigned to him sufficiently to ensure the Client’s satisfaction with reasonable standards of workmanship. If the services of Temporary Staff prove to be unsatisfactory, the Client may terminate the relevant Assignment by giving the Business at least [two] working hours written notice to remove the relevant Temporary Staff Member. The Business may in such circumstances reduce or cancel the charge for the time worked by the relevant Temporary Staff Member provided that the Assignment of such Temporary Staff Member ends:-

(a) within four hours of the relevant Temporary Staff Member commencing duties where the booking is for more than seven hours; or
(b) within two hours for bookings of seven hours or less;

7.2 The Business at any time with or without notice, may decline to provide or may suspend or withdraw the Service, including without limitation by terminating an Assignment early. If a Temporary Staff Member leaves an Assignment prior to completion of the Assignment, the Service will be deemed to have been withdrawn. This does not relieve the Client from his obligation to pay for hours actually worked pursuant to such an Assignment.

7.3 The Client agrees to give the Business a minimum of 12 working hours written notice when cancelling pre-booked shifts for Temporary Staff supplied. In the event that 12 hours written notice is not given the Client will be charged for the number of hours for which the Temporary Staff Member was requested at the pre-agreed rate.

8 Restrictions and Introduction Charges for Permanent Placements

8.1 The Client will not without prior written consent of the Business, either during an Assignment or throughout a 13 week period following the First Assignment (defined below) or within 8 weeks of the end of the last Assignment, whether directly or indirectly, and whether by or itself through or for the benefit of any firm or company:

(a) introduce the relevant Temporary Staff Member to another employment agency, employment business or other competitor of the Business.

(b) introduce the relevant Temporary Staff Member to another employer who subsequently interviews with a view to engaging (and/or engages) the relevant Temporary staff Member whether as an employee, consultant, partner, agent or otherwise.

A “First Assignment” is an unbroken Assignment with the Client/hirer. Where there has been a gap of more than 42 days following the end of the previous Assignment, a new First Assignment will be created.

8.2 In the event of a breach by the Client of clause 8.1 above, the Client shall be liable, at the Business’s discretion for either:-

(a) A liquidated damages sum in respect of each relevant Temporary Staff Member equal to the Relevant Percentage of the annual commencing gross taxable remuneration (and emoluments) payable to such Temporary Staff Member by his/her new employer or, if such sum is not readily ascertainable.

(b) A sum equal to the Assignment being extended for a period of up to 14 weeks on the same terms as those used preceding the breach.

8.3 If a Temporary Staff Member is introduced to a Client but such introduction does not result in the supply of the Temporary Staff Member but does, within 6 months from the date of the introduction, lead to the Client, either directly or indirectly, or following an introduction to the Client from another employment business, engaging (directly or indirectly) the Temporary Staff Member then the client will be liable for a fee equal to the Relevant Percentage of the annual commencing gross taxable remuneration (and emoluments) payable to such Temporary Staff Member by his/her new employer. The Relevant Percentage for the purpose of this clause 8.3 is 12% if the relevant annual remuneration is up to £9,999, 20.5% if the relevant annual remuneration is between £10,000 and £14,999, 25% if the relevant annual remuneration is between £15,000 and £19,999 and 35% if the relevant remuneration is above £20,000.

8.4 The Client will not at any time whether before or after the termination of this agreement do or say anything which is harmful to the reputation of the Business or which may lead any person to cease to deal with the Business on substantially equivalent terms to those previously offered or at all.

8.5 Standard Permanent Placement Fees in where our client and AllRecruitment Global Ltd have agreed a fee : The Relevant Percentage for the purpose of these clauses are as follows;

If the Annual remuneration is up to £9,999.99 the percentage Charged to our client is 10%

If the Annual remuneration is between £10,000 and £14,999.99 the percentage charged to our client is 17.5%

If the Annual remuneration is between £15,000 and £19.999.99 the percentage charged to our client is 20%

If the Annual remuneration is above £20,000 the percentage charged to our client is 23%

Any permanent placement fees that are agreed outside of our terms of business will be signed by our client on our “Notice of Permanent Placement Agreement” .

Termination of a Permanent Placement and Rebate Structure

8.6 In the event of a Candidate terminating or the Client lawfully terminating an Engagement within 12 weeks of the date upon which such Candidate commenced work for the Client and provided that:

8.6.1 all moneys due hereunder have been paid by the Client in accordance with the 14 day payment terms

8.6.2 such termination is not as a result of redundancy, pregnancy, injury or ill-health or by reason of the Candidate’s race, sex or any disability;

8.6.3 such termination has not arisen where the Client has entered into the Engagement with the prior or likely intention of disposing with the Candidate’s services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;

8.6.4 the Client serves notice on AllRecruitment Global Ltd in writing at its registered office or email of the termination of the Engagement within 7 days thereof; and

8.6.5 neither the Client nor any subsidiary, associated or holding company of the Client shall commence Engagement of the Candidate within 12 months from the date of the termination of the Engagement;

then the Client shall receive a rebate calculated in accordance with clause 5.2. Under no circumstances will any expenses be refunded.

 

5.2 Subject to the provisions of clauses 5.3, 5.4 and 5.5 the rebate shall be an amount calculated as a percentage of the introduction fee (net of VAT) in accordance with the following scale:

  • if termination occurs in the first to second week after engagement 100%

  • if termination occurs in the third to forth week after Engagement 80%

  • if termination occurs in the fifth to sixth week after Engagement 60%

  • if termination occurs in the seventh to eight week after Engagement 40%

  • if termination occurs in the ninth to tenth week after Engagement 20%

  • if termination occurs in eleventh to twelfth week after engagement 10%

In each case less an administration charge of £150 exclusive of VAT

 

5.3 No rebate shall be payable by AllRecruitment Global Ltd in the event of failure by the Client to adhere to the time limits provided for in clause 8.6.1 above.

5.4 No rebate shall be made in respect of an Engagement where the Candidate was previously engaged in any capacity by the Client through AllRecruitment Global Ltd

5.5 The rebate shall be repayable in full where the Client subsequently re-engages the Candidate in any capacity.

5.6 Any Rebate that is due is subject to our company administrative fee of £150.00

9 Confidentiality

9.1 The Client will at all times during the Contract and after the termination of this agreement keep secret (except to the extent that disclosure is authorised by the Business) and not use (except for the exclusive benefit of the Business) any information obtained by the Client during the term of this agreement which is of a confidential nature and of value to the Business including without limitation;

(a) business methods and information of the Business (including fees charged, discounts given to Clients, wage rates paid, expense rates, costings, budgets, turnover, targets or other financial information);

(b) lists and particulars of the Business’s customers and the individual contacts at such customers and of the Business’s employees, agents and, without limitation Temporary Staff.

(c) secret and/or proprietary methods, processes and know-how employed by the Business; whether or not in the case of documents that are or were marked as confidential. This restriction will apply without limit in point of time but will cease to apply to information and knowledge which comes (otherwise than by breach of this clause) into the public domain.

8.2 Clauses 6, 8, 9 and 10 shall survive termination of these conditions.

10 General

10.1 Each Contract incorporating these conditions constitutes the entire agreement between the relevant parties, supersedes any previous agreement or understanding and may not be varied except in writing between the relevant parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

10.2 Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

10.3 No failure or delay by the Business in exercising any of its rights under a Contract will be deemed to be a waiver of that right, and no waiver by the Business of any breach of a Contract by the Client will be considered as a waiver of any subsequent breach of the same or any other provision.

10.4 If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question will not be affected.

10.5 If by virtue of these conditions or the provisions of the Contract, a Contract is notifiable pursuant to the Competition Act 1998 such Contract will not take effect until the day after particulars of it have been furnished to the Office of Fair Trading.

10.6 English Law will apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
10.7 Nothing in this agreement is intended to confer on any person or any rights to enforce any term of this agreement which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.

11.0 “AWR” means the Agency Workers Regulations 2010

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