Tower Employment Services - Clients Temporary Terms page 1

1. Unless the context otherwise requires, references to the singular include the plural.
The headings contained in these Terms are for convenience only and do not affect their interpretation.
2 THE CONTRACT
2.1 These Terms constitute the contract between the Employment Business and the Client for the supply of the Temporary Worker’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker or the passing of any information about the Temporary Worker to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by [a director of] the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. CHARGES
3.1 The Client agrees to pay such hourly charges* of the Employment Business as shall be notified to and agreed with the Client. The hourly charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour) and comprise mainly the Temporary Worker’s hourly rate but also include the Employment Business’ commission calculated as a percentage of the Temporary Worker’s hourly rate, employer’s National Insurance contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. Charges to be invoiced on a weekly basis. VAT is payable on the entirety of these charges**.
3.2 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than [30] days at the rate of [8% ] per annum [above the base rate from time to time of the National Westminster Bank PLC] from the due date until the date of payment.
Plus an administration charge at £ 25.00 per unpaid invoice.
3.3There are no rebates payable in respect of the charges of the Employment Business
4. INFORMATION TO BE PROVIDED
4.1 When making an Introduction of a Temporary Worker to the Client the Employment Business shall inform the Client of the identity of the Temporary Worker; that the Temporary Worker 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 Temporary Worker will be employed by the Employment Business under a contract of service or apprenticeship or a contract for services; and that the Temporary Worker is willing to work in the Assignment
4.2 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 third business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Temporary Worker is being Introduced for an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.
5. TIME SHEETS
5.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Employment Business’ time sheet verifying the number of hours worked by the Temporary Worker during that week.
5.2 Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the
Temporary Worker because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
5.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the work performed by the Temporary Worker. In cases of unsuitable work the Client should apply the provisions of clause 10.1 below.
6. PAYMENT OF THE TEMPORARY WORKER
6.1 The Employment Business assumes responsibility for paying the Temporary Worker and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003*.
7. TRANSFER AND INTRODUCTION FEES
7.1 Transfer Fees where a worker has been supplied
7.1.1 In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business for an Assignment either (1) directly or (2) pursuant to being supplied by another employment business, during the Assignment or within whichever is the longer of either
   *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
   * 8 weeks from the day after the last day the Temporary Worker worked on the Assignment the Client shall be liable, subject to electing
      by giving [7] days prior notice, to either:
An extended period of hire of the Temporary Worker being [13] weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3.1] for each hour the Temporary Worker is so employed or supplied; or
A Transfer Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 300 times the hourly charge which would equate to a figure of between 10-20% of the annual remuneration] No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due. However, where the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due.
7.2 Introduction Fees where a worker is introduced but not supplied

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