Permanent Workers With effect from May 2012
1.1 In these Conditions the following expressions shall be given the following meanings:
- "the Agency" – Class1 Personnel (a trading name of Class1 Personnel Limited), an employment agency.
- "the Client "the client - any person, firm, company or organisation who approaches the Agency with a view to engaging or otherwise employing an Applicant.
- "an Applicant" - a person introduced by the Agency to the Client for the purposes of an Engagement.
- "Engagement" - the employment or other use, whether under a contract of service or contract for services or otherwise, of an Applicant.
- "Month" - means a calendar month.
- "Week" - means seven consecutive days.
1.2 In these Conditions words importing the singular shall include the plural and vice versa. The paragraph headings in these Conditions shall be for convenience only and shall not affect the interpretation of these Conditions.
1.3 All and any business undertaken by the Agency is transacted subject to these Conditions all of which shall be incorporated in any agreement between the Agency and the Client. In the event of any conflict between these Conditions and any other terms and conditions, these Conditions shall prevail unless expressly otherwise agreed in writing by a Director of the Agency. No variation in these Conditions can be made without the written consent of a Director of the Agency
1.4 The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such provision for any other purpose or of the remaining provisions. Any such provision shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance.
1.5 The acceptance of a C.V. by or on behalf of the Client or the interviewing of an Applicant by or on behalf of the Client or the acceptance by or on behalf of the Client of services of an Applicant or the commencement by an Applicant of services or work for the Client (whichever first occurs) shall be deemed acceptance of and agreement to these Conditions on the part of the Client.
2. Obligations of the Agency
2.1 The Agency will use its reasonable endeavours to introduce to the Client a suitable Applicant to carry out work for the Client of such nature as the Client shall notify to the Agency when placing its order for an Applicant.
3. Obligations of the Client
3.1 The Client will notify the Agency immediately an offer of employment is accepted by an Applicant or otherwise upon the commencement of an Engagement (whichever first occurs). Notwithstanding Condition 2.1, the Client shall satisfy itself (for example, by taking up references) as to the suitability, for the purposes for which the Applicant is required by the Client, of any Applicant before engaging such Applicant. The Client shall provide the Agency with full details of: any risks to health and safety known to the Client and any steps that may have been taken to prevent or control such risks; and any experience, training, qualifications or authorisations including those required by a professional body or by law.
3.2 The Client shall be responsible for obtaining such work and other permits and satisfying any medical requirements or qualifications as may be required by law in relation to the Engagement of an Applicant, save that the Agency shall, where the Worker is required by law or any professional body to have any qualifications or authorisations for the position, obtain copies of such qualifications or authorisations or inform the Client it has been unable to do so.
3.3 The Client undertakes not to employ or seek to employ members of the staff of the Agency but if any member of such staff accepts an Engagement by the Client within 3 months of such member leaving the employment of the Agency, then the Client shall be liable to pay the Agency’s scale fee as if such member had been introduced by the Company.
3.4 The Client undertakes that in the event of the Client introducing (directly or indirectly) any Applicant to another person, firm, company or organisation, including any subsidiary, associated or holding company of the Client, resulting in an Engagement by that person, firm, company or organisation (which the Client shall immediately notify to the Agency) the Client shall pay to the Agency an introduction fee in accordance with Condition 4 herein, unless the Engagement occurs more than 6 months after the introduction of the Applicant to the Client by the Agency.
4.1 The introduction fee shall become due immediately an offer of employment is accepted by an Applicant or otherwise upon the commencement of an Engagement (whichever first occurs). The introduction fee shall be a percentage of the Applicant’s projected remuneration. Remuneration shall be total gross remuneration (including the value of benefits) which would be paid for the first year of employment, or the first year of work under any non-employment contract, to include all payments related to guaranteed bonus and on target earnings. For the avoidance of doubt, where any vehicle or live-in accommodation is provided to the Applicant in any new employment or engagement, the value ascribed to each such benefit shall be no less than would increase the introduction fee by an additional £250 plus VAT. In any event, the total introduction fee shall not be less than £1,000.
The introduction fee shall be calculated as follows:
Remuneration Introduction fee as a percentage of remuneration
Up to and incl £12,500-10.0% +VAT
£12,501-£17,500-15% + VAT
£17,501 to £25,000-17.5%+ VAT
Above £25,001- 20% + VAT
4.3 All monies due hereunder shall be paid by the Client within 7 days of date of invoice by the Agency and paid to ABN AMRO Commercial Finance PLC.
4.4 The Agency reserves the right to charge interest on invoiced fees overdue by more than seven days at the rate of 2.5% of invoice value for each period of 30 days or part thereof of delayed payment calculated from the date of the invoice. Interest will apply both before and after any court judgment.
5.1 In the event of an Applicant terminating and/or the Client lawfully terminating an Engagement within 12 weeks of the date upon which such Applicant commenced work for the Client and provided that:
(a) all monies due hereunder have been paid by the Client in accordance with Condition 4;
(b) such termination is not as a result of redundancy, pregnancy, injury or ill-health;
(c) the Engagement did not arise as a result of a temporary assignment through the Company;
(d) the Client serves notice on the Agency in writing at its registered office of the termination of the Engagement within 7 days thereof; and
(e) neither the Client nor any subsidiary, associated or holding company shall engage the Applicant within 3 months from the date of the termination of the Engagement;
then provided the Client has adhered to the time limits in this Condition, the Client shall receive a rebate calculated as follows:
Period of employment Rebate/Replacement Policy
Up to 2 weeks Free replacement OR 100% of fee paid (less an administration fee of £250)
2 but less than 4 weeks free replacement OR 50% of fee paid
4 but less than 8 weeks 30% of fee paid
8 but less than 12 weeks 10% of fee paid
12 weeks and over Nil
6. Liability and indemnity
6.1 The Agency shall not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with an Engagement and, in particular, but without limitation to the foregoing, any such loss, injury damage, expense or delay arising from or in any way connected with:
(a) Failure of the Applicant to meet the requirements of the Client for all or any of the purposes for which he is required by the Client (subject to Condition 5);
(b) any act or omission of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
(c) any loss, injury, damage, expense or delay incurred or suffered by an Applicant; PROVIDED THAT nothing in this Condition 6 shall be construed as purporting to exclude or restrict liability of the Agency to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability, any exclusion or limitation of which is prohibited by law.
6.2 In consideration of the Agency entering into an agreement with the Client in which these Conditions are incorporated, the Client hereby undertakes to indemnify the Agency in respect of any and all liability of the Agency for:-
(a) Any loss, damage, expense or delay suffered or incurred by an Applicant, howsoever caused; and
(b) Any loss, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; PROVIDED THAT this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an Engagement.
6.3 The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Agency set out herein are reasonable and reflected in the fee payable to the Agency hereunder and shall accept risk and/or insure accordingly.
7.1 In these Conditions any notices required to be served on the Agency or on the Client shall be deemed to be served:
(a) If sent by post, on the second business day following the date of posting; or
(b) If sent by telex or facsimile, on the day of transmission if it is a business day or, if it is not, on the next business day.
7.2 In these Conditions any notices required to be served on the Agency or on the Client shall be deemed to be served:
8. Equality of opportunity
8.1 The Agency operates equal opportunity policies and practices in its dealings with its employees, workers and applicants, in compliance with the Equality Act 2010. Copies of those policies are available from the Agency’s registered office on request.
9.1 No contract into which these Conditions are incorporated shall be assigned or transferred by the Client without the Agency’s prior written consent.
10. Data protection
10.1 Client agrees to process any personal data supplied by the Agency about Applicants only in connection with an Engagement or potential Engagement and to comply with the provisions of the Data Protection Act 1998 in relation to the processing of such data. The Agency may collect, hold and process personal information about the Client for the purpose of carrying out its business of supplying Applicants to the Client. The Agency may disclose such personal information to its financiers or third party agencies for the purpose of obtaining a credit check on the Client. The Client hereby consents, and shall obtain all necessary consents, to the Agency processing and disclosing such information for the purposes outlined above.
11.1 These Conditions and any contract into which they are incorporated shall be subject to English Law and the exclusive jurisdiction of the Courts of England.
Class1 Personnel is a trading name of Class1 Personnel Ltd.
Registered Office: 1a High Street, Hounslow, TW3 1RH. Registered in England and Wales No. 3874597
Website Terms & Conditions
This agreement applies as between you, the User of this Web Site and Class 1 Personnel, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“Class 1 Personnel”||means Class 1 Personnel Ltd trading as Class 1 Personnel 1a, High Street, Hounslow TW3 1RH;|
|“Service”||means collectively any online facilities, tools, services or information that Class 1 Personnel makes available through the Web Site either now or in the future;|
|“System”||means any online communications infrastructure that Class 1 Personnel makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by Class 1 Personnel and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (www.class1.sozoweb.co.uk) and any sub-domains of this site (e.g. subdomain.www.class1.sozoweb.co.uk) unless expressly excluded by their own terms and conditions.|
2. Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Class 1 Personnel, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Class 1 Personnel.
- Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Class 1 Personnel or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.class1.sozoweb.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Class 1 Personnel. To find out more please contact us by email at moc.ynapmoc@ofni or by post at 1a, High Street, Hounslow TW3 1RH.
- Class 1 Personnel makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
7. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Class 1 Personnel accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Limitation of Liability
- To the maximum extent permitted by law, Class 1 Personnel accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Class 1 Personnel’s liability for death or personal injury resulting from any negligence or fraud on the part of Class 1 Personnel.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to moc.ynapmoc@ofni. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12. Law and Jurisdiction
These terms and conditions and the relationship between you and Class 1 Personnel shall be governed by and construed in accordance with the Law of England and Wales and Class 1 Personnel and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.