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Our Construction & Engineering Policies

CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT

1. DEFINITIONS

   In these Terms of Business the following definitions apply:

   "Applicant" means the person introduced by the Agency to the Client for an Engagement including any member of the Agency's own staff.

   "Client"

   "Agency" means Aalpha Solutions (Northwest) Limited.

   "Engagement" means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services whether such an offer is made immediately or at any time within a six month period following the date of the introduction or final interview (whichever is the later).

   "Introduction" means (1) the Client's interview of an Applicant in person or by telephone, following the Client's instruction to the Agency to search for an Applicant; or (2) the passing to the Client of a curriculum vitae or information which identifies the Applicant; and which leads to an Engagement of that Applicant, whether or not that applicant was known previously by the Client.

   "Remuneration" includes base salary or fees, any offer of a guaranteed bonus/commission and a notional amount of £5000 when a company car is offered.

2. THE CONTRACT

   1. These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to or Engagement of an Applicant or the passing of any information about the Applicant to any third party following the Introduction.
   2. These Terms contain the entire agreement between the parties and unless agreed in writing by a Director of the Agency, these Terms prevail over any other terms of business or purchase conditions put forward by the Client.
   3. No variation to the Terms shall be valid unless the details of such are set out in writing and a copy is given to the Client stating the date on or after which such varied terms shall apply.

3. NOTIFICATION AND FEES

   1. The Client agrees:
      • To notify the Agency immediately of any offer of Engagement which it makes to the Applicant;
      • To notify the Agency immediately that its offer to the Applicant has been accepted and to provide details of the Remuneration to the Agency
      • To pay the Agency's fee within 14 days of the Applicant's start date.
   2. Except in circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant accepts the offer of Engagement when the Agency shall render an invoice to the Client for its fees.
   3. The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 4% over the Bank of Scotland base rate per annum from the due date until the date of payment.
   4. The fee payable will be calculated in accordance with the attached Fee Structure on the Remuneration applicable to the first 12 months of the Engagement. All fees will be subject to VAT at the current rate, if applicable.
   5. Should the Engagement be for a period less than 12 months, the fee will apply pro rata and subject to an additional charge if that period is later extended.
   6. If the Applicant is to work part time, then the Fee Structure percentage will apply for that of the full time annualised salary.
   7. If the Client fails to notify the Agency of Engagement, then the Agency reserves the right to charge such a fee as it considers appropriate for the position offered by reference to comparable positions in the market generally.

4. REFUNDS

   1. In order to qualify for the following refund, the Client must pay the Agency's fee within the 14 days of the Applicant's start date and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
   2. If the Engagement terminates before the expiry of 4 weeks from the commencement of the Engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the accompanying Fee Structure Table set out in the schedule attached to these Terms of Business.
   3. In circumstances where clauses 3.7 apply the full fee shall become payable and there shall be no entitlement to a refund.

5. CANCELLATION FEE

   1. If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee as indicated on the Fee Structure Table set out in the schedule to these Terms of Business.

6. INTRODUCTIONS

   1. Introductions of Applicants are confidential. The disclosure by the Client to a third party of the details of any Applicant introduced by the Agency which results in the Engagement of that Applicant within a 6 month period renders the Client liable to payment of the Agency's fee as set out in clause 3.4 with no entitlement to any refund.
   2. In the event that any employee of the Agency with whom the Client has had personal dealings accepts an Engagement with the Client within 3 months of leaving the Agency's employment, the Client shall be liable to pay an introduction fee to the Agency in accordance with clause 3.4.

7. SUITABILITY AND REFERENCES

   1. The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant's identity and permission to work in the UK, that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.
   2. Details of the information obtained in clause 7.1 shall be confirmed to the Client within 3 business days of the Applicant being proposed for the position.
   3. The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and the Applicant are aware of any requirement imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
   4. The Agency endeavours to take all reasonable steps as are reasonably practical to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
   5. Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up references before engaging such Applicant. The Client is responsible for obtaining work permits and/or such permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of the Applicant, and satisfying any medical and other requirements, qualifications or permission required by the law of the country in which the Applicant is engaged to work.
   6. To enable the agency to comply with its obligations under clauses 7.1, 7.2, 7.3 and 7.4 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers to be necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of length of notice that the Applicant would be entitled to and receive to terminate the employment with the Client.
   7. Should any information come to light in a 3 month period from the date of Engagement which affects the Applicant's ability to do the job or which should be known by the Client, then the Agency undertake to pass such information on within 2 working days of such information coming to its attention.

8. LIABILITY

   1. The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant or from failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.

9. EQUAL OPPORTUNITIES/DISCRIMINATION INDEMNITY

   1. The Agency expects that the Client will be fully aware of all current laws relating to discrimination, victimisation and harassment due to race, colour, nationality, sex, marriage, disability, religion, sexual orientation or working time and that it has given the appropriate training to all members of its own staff that may be involved in the search, selection and interview process. The Client agrees to indemnify the Agency against all and any claims, costs and damages incurred in action taken against the Agency in respect the above arising from acts, omissions, verbal or written comment by any member of staff employed or under the direction of the Client.

10. LAW

    1. The Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.

SCHEDULE OF FEE STRUCTURE

Company Vehicle as per Terms addition of £5000 to Remuneration

SCHEDULE OF SCALE OF REFUND

** subject to £100 admin charge

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