CONTRACT WITH THE CLIENT FOR THE SUPPLY OF TEMPORARY STAFF SERVICES
\nCLIENT TERMS OF BUSINESS<\/p>\n
1. DEFINITIONS<\/p>\n
1.1. In these Terms of Business the following definitions apply:<\/p>\n
\u201cAssignment\u201d means the period during which the Temporary Worker is supplied by the Employment Business to render services to the Client;<\/p>\n
\u201cClient\u201d means the person, firm or corporate body together with any subsidiary or associated
\ncompany as defined by the Companies Act 2006 to whom the Temporary Worker is supplied or introduced;<\/p>\n
\u201cThe Employment Business\u201d means ATOM Education Limited of 37 Tindal Road, Aylesbury, Buckinghamshire, HP20 1HT.<\/p>\n
\u201cEngages\/Engaged\/Engagement\u201d means the engagement, employment or use of
\nthe Temporary Worker directly by the Client or any third party or through any other
\nemployment business on a permanent or temporary basis, whether under a contract of
\nservice or for services; an agency, license, franchise or partnership arrangement; or any
\nother engagement; directly or through a limited company of which the Temporary Worker is an officer or employee<\/p>\n
\u201cTemporary Worker\u201d means the individual who is introduced by the
\nEmployment Business to render services to the Client.<\/p>\n
\u201cTransfer Fee\u201d means the fee payable in accordance with clause 7.1 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.<\/p>\n
\u201cIntroduction Fee\u201d means the fee payable in accordance with
\nclause 7.2 below and Regulation 10 of the Conduct of Employment Agencies and
\nEmployment Businesses Regulations 2003.<\/p>\n
\u201cIntroduction\u201d means<\/p>\n
(i) the Client\u2019s interview of a Temporary Worker in person or by telephone, as a result of the Client\u2019s instruction to the Employment Business to supply a Temporary Worker; or<\/p>\n
(ii) the passing to the Client of a Curriculum Vitae or information which identifies the Temporary Worker; and which leads to an Engagement of that Temporary Worker.
\nPage 2<\/p>\n
\u201cRemuneration\u201d includes base salary or fees, guaranteed and\/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Temporary Worker for services rendered to or on behalf of the Client
\nor any third party.<\/p>\n
1.2. Unless the context otherwise requires, references to the singular include the plural.<\/p>\n
1.3. The headings contained in these Terms are for convenience only and do not affect
\ntheir interpretation.<\/p>\n
2. THE CONTRACT<\/p>\n
2.1. These Terms constitute the contract between ATOM Education Ltd and the Client for
\nthe supply of the Temporary Worker\u2019s services by ATOM Education Ltd to the Client
\nand are deemed to be accepted by the Client by virtue of its request for, interview with
\nor Engagement of the Temporary Worker or the passing of any information about the
\nTemporary Worker to any third party following an Introduction.<\/p>\n
2.2. These Terms contain the agreement between the parties and unless otherwise agreed
\nin writing by an authorised member of the Client\u2019s HR or Procurement Departments, these Terms prevail over any Terms of Business or purchase conditions put forward by the Employment Business.<\/p>\n
2.3. No variation or alteration to these Terms shall be valid unless the details of such
\nvariation are agreed between ATOM Education Ltd and the Client and are set out in
\nwriting and a copy of the varied terms is given to the Client stating the date on or after
\nwhich such varied terms shall apply.<\/p>\n
3. CHARGES<\/p>\n
3.1 The Client agrees to pay the Charges for ATOM Education Ltd as shall be notified to
\nand agreed with the Client. The charges are calculated according to the number of
\nhours\/days worked by the Temporary Worker and comprise the Temporary Worker\u2019s
\nrate and expenses but also include the profit margin for ATOM Education Ltd. Travel,
\nhotel or other expenses may be applied to the charges with prior agreement from the
\nClient. VAT is applicable and will be payable on the entirety of these charges.<\/p>\n
3.2 The charges are invoiced to the Client on a weekly basis and are payable within 30
\ndays. ATOM Education Ltd reserves the right to charge interest on any overdue
\namounts at the rate of 8% per annum above the base rate from time to time of the
\nBank of England from the due date until the date of payment. All businesses have a statutory right to claim 8% above the base rate of the Bank of England, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.<\/p>\n
4. INFORMATION TO BE PROVIDED<\/p>\n
4.1. When making an Introduction of a Temporary Worker to the Client ATOM Education
\nLtd shall inform the Client of the identity of the Temporary Worker; that the Temporary
\nWorker has the necessary or required experience, training, qualifications and any
\nauthorisation required by law or a professional body to work in the Assignment;
\nwhether the Temporary Worker will be employed by the Employment
\nBusiness under a contract of service or apprenticeship or a contract for services; and
\nthat the Temporary Worker is willing to work in the Assignment.<\/p>\n
Page 3<\/p>\n
4.2. Where such information is not given in paper form or by electronic means it shall be
\nconfirmed by such means by the end of the third business day (excluding Saturday,
\nSunday and any public or Bank holiday) following, save where the Temporary Worker
\nis being Introduced for an Assignment in the same position as one in which the
\nTemporary Worker had previously been supplied within the previous five business days
\nand such information has already been given to the Client, unless the Client requests
\nthat the information be resubmitted.<\/p>\n
5. TIME SHEETS<\/p>\n
5.1 At the end of each week of an Assignment (or at the end of the Assignment where it is
\nfor a period of one week or less) the Client shall sign the Timesheet for ATOM
\nEducation Ltd verifying the number of hours\/days worked by the Temporary Worker
\nduring that week.<\/p>\n
5.2 Signature of the time sheet by the Client is confirmation of the number of hours\/days
\nworked. If the Client is unable to sign a time sheet produced for authentication by the
\nTemporary Worker because the Client disputes the hours claimed, the Client shall
\ninform ATOM Education Ltd as soon as is reasonably practicable and shall co-operate
\nfully and in a timely fashion with ATOM Education Ltd to enable them to establish what
\nhours, if any, were worked by the Temporary Worker. Failure to sign the time sheet
\ndoes not absolve the Client\u2019s obligation to pay the charges in respect of the hours\/days
\nworked.<\/p>\n
5.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is
\ndissatisfied with the work performed by the Temporary Worker. In cases of unsuitable
\nwork the Client should apply the provisions of clause 10.1 below.<\/p>\n
6. PAYMENT OF THE TEMPORARY WORKER<\/p>\n
6.1 ATOM Education Ltd assumes responsibility for paying the Temporary Worker and
\nwhere appropriate, for the deduction and payment of National Insurance Contributions
\nand PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47
\nof the Income Tax (Earnings and Pensions) Act 2003*<\/p>\n
7. TRANSFER AND INTRODUCTION FEES<\/p>\n
7.1 Transfer Fees where a worker has been supplied<\/p>\n
7.1.1 In the event of the Engagement by the Client of a Temporary Worker supplied
\nby ATOM Education Ltd for an Assignment either (1) directly or (2) pursuant to
\nbeing supplied by another employment business, during the Assignment or
\nwithin whichever is the longer of either:<\/p>\n
\u2022 14 weeks from the start of the first Assignment (each new Assignment
\nwhere there has been a break of more than 42 days (6 weeks) since the
\nend of a previous Assignment shall also be considered to be the \u2018first
\nAssignment\u2019 for these purposes); or<\/p>\n
\u2022 8 weeks from the day after the last day the Temporary Worker worked on
\nthe Assignment the Client shall be liable, subject to electing by giving prior
\nnotice, to:<\/p>\n
a) A Transfer Fee calculated as follows: 10% of the Remuneration
\napplicable during the first 12 months of the Engagement. VAT is payable in
\naddition to any fee due.<\/p>\n
Page 4<\/p>\n
7.2 Transfer Fees where there has been an Introduction to and Engagement by a
\nThird Party<\/p>\n
7.2.1
\nIn the event that a Temporary Worker supplied to a Client is introduced by the Client to a
\nthird party which results in the Engagement of the Temporary Worker by the third party
\nduring the Assignment or within whichever is the longer of either:<\/p>\n
\u2022 14 weeks from the start of the first Assignment (each new assignment
\nwhere there has been a break of more than 42 days (6 weeks) since the
\nend of the previous Assignment shall also be considered to be the \u2018first
\nAssignment\u2019 for these purposes); or<\/p>\n
\u2022 8 weeks from the day after the last day the Temporary Worker worked on
\nthe Assignment<\/p>\n
The Client shall be liable to pay a Transfer Fee calculated in accordance with
\nclause 7.1.1<\/p>\n
7.3 Introduction Fees where there has been an Introduction but no Supply resulting
\nin an Engagement by a Third Party<\/p>\n
7.3.1
\nIn the event that there is an Introduction of a Temporary Worker to the Client which does not
\nresult in the supply of that Temporary Worker by ATOM Education Ltd to the Client, but the
\nTemporary Worker is introduced by the Client to a third party which results in the
\nEngagement of the Temporary Worker by the third party within 6 months from the date of
\nIntroduction the Client shall be liable, to an Introduction Fee calculated in accordance with
\nclause 7.1.1<\/p>\n
8. LIABILITY<\/p>\n
8.1
\nWhilst every effort is made by the ATOM Education Ltd to give satisfaction to the Client by
\nensuring reasonable standards of skills, integrity and reliability from Temporary Workers and
\nfurther to provide them in accordance with the Client\u2019s booking details, ATOM Education Ltd is not liable for any loss, expense, damage or delay arising from any failure to provide any
\nTemporary Worker for all or part of the period of booking or from the negligence, dishonesty,
\nmisconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, ATOM
\nEducation Ltd does not exclude liability for death or personal injury arising from its own
\nnegligence.<\/p>\n
8.2
\nTemporary Workers supplied by ATOM Education Ltd are engaged under contracts for services.They are not the employees of ATOM Education Ltd but are deemed to be under the
\nsupervision, 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
\nomissions of the Temporary Worker, whether wilful, negligent or otherwise as though the
\nTemporary Worker was on the payroll of the Client. The Client will also comply in all respects
\nwith all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client\u2019s own, including in particular the provision of adequate Employer\u2019s and Public Liability Insurance cover for the Temporary Worker during all
\nAssignments.<\/p>\n
Page 5<\/p>\n
8.3
\nThe Client shall advise ATOM Education Ltd of any special health and safety matters about
\nwhich ATOM Education Ltd is required to inform the Temporary Worker and about any
\nrequirements imposed by law or by any professional body, which must be satisfied if the
\nTemporary Worker is to fill the Assignment. The Client will assist ATOM Education Ltd in
\ncomplying with their duties under the Working Time Regulations by supplying any relevant
\ninformation about the Assignment requested by ATOM Education Ltd and the Client will not do anything to cause ATOM Education Ltd to be in breach of its obligations under these
\nRegulations. Where the Client requires or may require the services of a Temporary Worker for
\nmore than 48 hours in any week, the Client must notify the Employment Business of this
\nrequirement before the commencement of that week.<\/p>\n
8.4
\nThe Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.<\/p>\n
8.5
\nThe Client undertakes not to request the supply of a Temporary Worker to perform the duties
\nnormally performed by a worker who is taking part in official industrial action or duties normally performed someone who has been transferred by the Client to perform the duties of the person on strike or taking official industrial action.<\/p>\n
8.6
\nThe Client shall indemnify and keep indemnified ATOM Education Ltd against any costs, claims or liabilities incurred by ATOM Education Ltd arising out of any Assignment or arising out of any non-compliance with clauses 8.2, 8.3 and 8.5 and\/or as a result of any breach of these Terms by the Client.<\/p>\n
9. SPECIAL SITUATIONS<\/p>\n
9.1
\nWhere the Temporary Worker is required by law, or any professional body to have any
\nqualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Employment Business will take all reasonably practicable steps to obtain and offer to provide to the Client:<\/p>\n
Copies of any relevant qualifications or authorisations of the Temporary Worker,
\nand Two references from persons not related to the Temporary Worker who have
\nagreed that the references they provide may be disclosed to the Client
\nand has taken all reasonably practicable steps to confirm that the Temporary
\nWorker is suitable for the Assignment. If ATOM Education Ltd is unable to do any
\nof the above it shall inform the Client of the steps it has taken to obtain this
\ninformation in any event.<\/p>\n
10. TERMINATION<\/p>\n
10.1
\nThe Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client\u2019s
\nsatisfaction with the Temporary Worker\u2019s standards of workmanship. If the Client reasonably
\nconsiders that the services of the Temporary Worker are unsatisfactory, the Client may
\nterminate the Assignment either by instructing the Temporary Worker to leave the Assignment
\nimmediately, or by directing ATOM Education Ltd to remove the Temporary Worker. ATOM
\nEducation Ltd may, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker.<\/p>\n
Page 6<\/p>\n
10.2
\nThe Client, ATOM Education Ltd or the Temporary Worker may terminate an Assignment
\nat any time without prior notice and without liability.<\/p>\n
10.3
\nThe Client shall notify ATOM Education Ltd immediately and without delay and in any event
\nwithin 24 hours if the Temporary Worker fails to attend work or notifies the Client that the
\nTemporary Worker is unable to attend work for any reason.<\/p>\n
10.4
\nATOM Education Ltd shall notify the Client immediately if it receives or otherwise obtains
\ninformation which gives it reasonable grounds to believe that a Temporary Worker supplied to
\nthe Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment
\nforthwith by notice in writing without prior notice and without liability.<\/p>\n
11. LAW
\nThese Terms are governed by the law of England & Wales and are subject to the exclusive
\njurisdiction of the Courts of England & Wales.
\nSigned for and on behalf of the Client:<\/p>\n
Name: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..
\n(Print)<\/p>\n
Name: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..
\n(Signature)<\/p>\n
Position: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..
\n(Print)<\/p>\n
Client Name: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026
\n(Print)<\/p>\n
Dated: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..<\/p>\n
Please post to our Registered Office Address:
\n37 Tindal Road
\nAylesbury
\nBuckinghamshire
\nHP20 1HT<\/p>\n
If you would like to discuss any of the content enclosed prior to signing and returning, please
\ncontact Scott Orchard, Managing Director on 01296 420394.<\/p>\n","protected":false},"excerpt":{"rendered":"
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