In these Terms of Business the following definitions apply:
- "Assignment" means: the period during which we are supplied to render services to the client.
- "Client" means: the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom we are supplied.
- The "Employment Business" means: L&J Secretarial Services of Flat 3, 22 Earls Road, Tunbridge Wells, Kent, TN4 8EA.
- "Engagement" means: any employment or use of the temporary worker 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.
- "Temporary Worker" means: the individual whose services are supplied by the Employment Business to the Client.
- "Introduction" means: the Client's interview of a Temporary Worker in person or by telephone, following the client's instructions to the Employment business to search for a Temporary Worker or the passing to the Client of a CV or other information which identified the Temporary Worker and which leads to an Engagement of that Temporary Worker by the Client.
- Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
- the headings contained in these Terms are for convenience only and do not affect their interpretation.
- The Terms govern 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 this request for interview with or Engagement of the Temporary Worker.
- No variation or alteration to these terms shall be valid unless approved by the Employment Business in writing.
- Unless otherwise agreed in writing by the Employment Business these Terms prevail over any terms of business or purchase conditions proffered by the Client.
- The Client agrees to pay the hourly charges of the Employment Business as notified at the commencement of the assignment and as may be varied from time to time during the Assignment. the charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour). the charges are comprised mainly of the Temporary Worker's remuneration but also include the Employment Business commission, 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. VAT is payable on the entirety of these charges.
- The charges are invoiced to the client on a weekly basis and are payable within seven days of receipt. L&J Secretarial Services reserves the right to charge interest on any overdue amounts at the rate of 4% per annum above the base rate from time to time of Lloyds Bank from the due date until the date of payment.
- At the end of each week of an Assignment (or the end of the Assignment where it is for a period of one week or less or is completed before the end of a week), the Client shall sign the Employment Business' time sheet verifying the number of hours worked by the Temporary Worker during that week.
- Signature of the time sheet by the Client, indicates satisfaction with the services provided by the Temporary Worker and confirmation of the number of hours worked. Failure to sign the time sheet does not absolve the Client's obligation to pay the charges in respect of the hours worked.
- The Employment Business assumes responsibility for payment of the Temporary Worker's remuneration and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income tax to the Temporary Worker.
- The direct Engagement by a Client of a Temporary Worker introduced by the Employment Business, or the introduction by the Client of a Temporary Worker to any third party resulting in Engagement (for, where applicable, if the Temporary Worker has become incorporated under a limited company, the Engagement of that limited company) renders the client subject to the payment of an introduction fee calculated at 17.5% of the annual gross taxable remuneration and emoluments payable for the Temporary Worker, provided that the Engagement takes place within a period of 6 months from the termination of the Assignment under which the Temporary Worker was last supplied, or if there was no Assignment within 6 months of the introduction of the Temporary Worker b the Employment Business. where the Client fails to inform the Employment Business of the annual remuneration, the introduction fee will be calculated