ANIMATED PEOPLE RECRUITMENT LIMITED
Terms & Conditions for the introduction of Staff to be Directly employed by Clients (PERMANENT STAFF)
1. Definitions. In these Terms and Conditions the following definitions apply: “the Firm” means Animated People Recruitment Limited of 21A Canfield Gardens, London NW6 3JP and/or any subsidiaries or associates; “the Client” means the company or organisation to whom Applicants are introduced by the Firm; “the Applicant” means a person introduced to the Client by the Firm or engaged by the Client and may include a member of the Firm’s own staff; “an Engagement” means the employment or use, directly or indirectly, whether under a contract of service or for services, or under an agency, licensee franchise or partnership agreement) of an Applicant and “Engaged” shall be interpreted accordingly.
2. The Contract. (a) These Terms constitute the contract between the Firm and the Client and are accepted by the Client by virtue of its request for details of or the engagement of the Applicant introduced by the Firm. (b) No variation or alteration to these Terms shall be valid unless approved in writing by an authorised representative of the Firm.
3. Client Obligations. The Client agrees: (a) to negotiate the terms of any Engagement only through the Firm; and (b) to notify the Firm immediately any offer of an Engagement and all its terms; (c) to pay the Firm’s charges as set out below.
4. Charges. (a) An introduction fee will be charged in relation to any Engagement resulting from an introduction by or through the Firm. (b) In this context introduction includes (i) provision orally or in writing of a curriculum vitae or any other details of an Applicant or his or her availability (ii) lending showing or providing examples of the work of an Applicant (iii) personal introduction of the Applicant to the Client or any agent or officer of the Client (iv) arrangement of an interview (c) The fee payable to the Firm by the Client for the introduction of an Applicant is 15% of the Gross Annual Salary which the Applicant is entitled to earn during the first 12 months of his or her engagement by the Client. (d) VAT is payable by the Client in addition to the Firm’s charges. (e) The Client becomes liable to pay the Firm’s charges when the offer of an Engagement made by the Client is accepted by an Applicant. (f) The Firm’s charges are due and payable on the earlier of the date of submission of an invoice to the Client or the start of the Engagement. (g) Failure by the Client to settle invoices within 30 days entitles the Firm to charge interest on overdue amounts at the rate of 3% per annum above the base rate from time to time of National Westminster Bank calculated from the date the charges are payable.
5. Unsuitability Should the relevant employment be terminated as a result of the unsuitability of the Applicant (save as a result of the Applicant being made redundant by the Client) before the expiry of 10 weeks, a rebate of 10% will be allowed against the fee, for any complete week not actually worked provided that the Client notifies the Firm in writing within 7 days of the termination of employment and has paid the Firm’s fee within 30 days of the date of invoice. If, after the Applicant has accepted the offer of the Engagement, the Client decides for any reason not to proceed with the appointment, it shall be liable to pay the Firm the minimum fee indicated on the Scale of Rebate. Should the Client or any subsidiary or associated company of the Client or any person or company to whom the Client introduces the Applicant subsequently re-engage or engage the Applicant within the period of 6 calendar months from the date of termination, or withdrawal of the offer, the Client will pay the Firm’s charges in full with no entitlement to a refund.
6. Confidentiality
Introductions are confidential. The passing on of an introduction to any other person or company which results in an Engagement, renders the Client liable to payment of the Firm’s charges as above.
7. References The Firm endeavours to ensure the suitability of any Applicant introduced to the Client, but the Client shall notwithstanding satisfy himself that the Applicant is suitable, and shall take up any references provided by any Applicant and/or the Firm before engaging such Applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and satisfying any medical and other requirements or qualifications required by law.
8. Negligence
Save for any damages, costs and claims relating to any death or personal injury arising from the negligence of the Firm, the Firm shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Firm seeking an Applicant for the Client or the introduction by the Firm to the Client of any Applicant or the engagement of any Applicant by the Client.
9. Compensation Fees If the Client or any third party to whom the Client has introduced the Applicant engages directly or indirectly, whether under a contract of service or for services or in partnership or under a license or franchise (including the reintroduction by or use through another employment agency or consultancy) any Applicant who during the preceding 12 months has been introduced to or has worked via the Firm the Client shall pay the Firm a fee equal to 15% of the Gross Annual Salary which the Applicant is entitled to earn during the first 12 months of his or her engagement by the Client.
ANIMATED PEOPLE RECRUITMENT LIMITED Terms and conditions for the provision of Temporary Contract (FREELANCE STAFF)
1. Definitions In these Terms and Conditions the following definitions apply: “the Firm” Means Animated People Recruitment Limited of 3 Wentworth Close, London N3 1YP and/or any subsidiaries or associates; “the Client” Means the company or organisation to whom Contractors are introduced by the Firm; “the Contractor” Means the person introduced to the client by the Firm and engaged by the Client to carry out an Assignment; “the Assignment” Means the provision of services for a period of time to the Client by the Contractor. 2. The Contract (a) These Terms constitute the contract between the Firm and the Client and are accepted by the Client by virtue of its request for details of or the engagement of the Contractor introduced by the Firm. (b) No variation or alteration to these Terms shall be valid unless approved in writing by an authorised representative of the Firm. 3. Confirmation of Assignments Prior to, or as soon as practicable after, the commencement of the Assignment by the Contractor, the Firm will send to the Client an invoice containing written confirmation of the commercial terms relating to the Assignment specifying inter alia the duration of the Assignment (including any notice period), the identity of the Contractor, the fee charged by the Firm, together with details of such expenses as may have been agreed.
4. Charges The Client shall pay to the Firm the charges for the provision of the Contractor as follows:- (a) For assignments of over 3 months’ duration, charges will be 18% of the Contractor’s daily rate plus VAT (b) for assignments of 3 months or less, charges will be 20% of the Contractor’s daily rate plus VAT (c) If an assignment is extended the Client will pay additional charges for the extension period and the daily rate as if it were a new contract in accordance with this clause and such charges will be payable on the first day of the extension (d) If an indefinite assignment or an indefinite extension to an assignment is agreed charges will be payable on the first day of the assignment or extension as if the assignment was for six months and on the same basis on every six months anniversary of that date for as long as the assignment continues (e) Charges are payable by the Client on the later of the commencement of the assignment or the submission of the invoice. Failure by the Client to settle invoices within thirty days entitles the Firm to charge interest on overdue amounts at the rate of 3% per annum above the base rate from time to time of National Westminster Bank calculated from the date the charges are payable.
5. Remuneration of the Contractor The Client is responsible for paying the Contractor’s remuneration and for deducting any sums from it as may be required by law.
6. Liability (a) Whilst every effort is made by the Firm to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Contractors and to provide the same in accordance with the requirements specified by the Client, no liability is accepted by the Firm for any loss, expense, damage, costs or delay arising from the failure to provide an Contractor for all or part of the period of the Assignment nor from the negligence, dishonesty, misconduct or lack of skill of the Contractor or if the Contractor terminates the Assignment for any reason. (b) Contractors provided by the Firm to the Client are deemed to be under the direction and control of the Client for the duration of the Assignment. The Client will comply in all respects with all relevant statutes, bylaws and legal requirements including provision of adequate Employer’s and Public Liability Insurance in respect of the Contractor. The Client shall indemnify the Firm against any costs, claims, damages and expenses incurred by the Firm arising out of the engagement or use of the Contractor by the Client.
7. Unsuitability If the services of the Contractor prove to be unsatisfactory or otherwise fail to meet the stated requirements of the Client the Firm may, at its discretion, reduce the charge for the Assignment provided that:- (a) The Client immediately notifies the Firm by telephone of its dissatisfaction and sets out the reasons for it (b) The Client does not utilise the Contractor after the notification as above
8. Compensation Fees If the Client or any third party to whom the Client has introduced the Contractor engages directly or indirectly, whether under a contract of service or for services or in partnership or under a license or franchise (including the reintroduction by or use through another employment agency or consultancy) any Contractor who during the preceding 12 months has been introduced to or has worked via the Firm the Client shall pay the Firm a fee equal to 25 times the daily rate at which the Contractor was last supplied to or was available to the Client by the Firm.
9. Termination of the Assignment (a) The Client may terminate the Assignment by giving to the Firm the notice specified in the written confirmation. (b) The Firm may terminate an Assignment forthwith by notice in writing: (i) if the Client is in willful or persistent breach of its material obligations under these Terms; or (ii) if the Client becomes bankrupt or has a receiving order or administrative order made against it or is put into liquidation (save for the purposes of reconstruction or amalgamation). (iii) if the Contractor refuses to carry out the Assignment
Disclaimer
A. Disclaimer (a) The client agrees that access to this website creates no legal relationship and is solely at the client’s risk and the firm assumes no responsibility or liability whatsoever for any damage suffered by the client whether as a result of corruption, virus or otherwise to hardware, software or other property. (b) The client agrees that all of the materials on the pages of the website including the contractor information and designs or any work samples attached thereto, have been prepared to provide general information about the services offered by the firm. The firms does not offer the content of the web pages in any legal capacity and makes no representation or warranty as to the authenticity of any material published on its website. Appropriate professional advice should be taken before taking or refraining from any action based on the contents of the web pages. (c) The firm retains the copyright in the contents of its website pages and reserves all its rights. The firm grants permission to access to the pages solely for individuals for personal or educational use and for clients or prospective clients of the firm for the purpose of selecting contractors in respect of whom they would like additional information. Permission is also given, on a temporary basis only, to download and store the content of any page or pages on a single computer or monitor with virus protection. The firm’s web pages may not be reproduced on any other website or otherwise re-distributed or modified.
B. Content on the Website The Company uses its best endeavours (including obtaining warranties from the Applicant (or Contractor) to ensure that all material represented on the web pages of the Company as being the work of an Applicant (or Contractor) is original work and that there no restrictions on its publication or use by the Company or the Client and in the event that the Client, or any third party, shall bring to the attention of the Company any alleged copyright infringement relating to any material available on the web pages of the Company, the Company shall as soon as practicable remove the offending material from its web pages and shall take all reasonable steps to procure that any clients of the Company who have accessed or received such material in any form themselves undertake to remove such material from their hard drive and/or return to the Company for destruction any example of such material (whether on held on CD or any other medium); and the Client hereby acknowledges that such action by the Company shall represent a full discharge of any legal obligations the Company may have in relation to any such material in respect of which the Client owns the copyright or any other intellectual property right, and agrees that upon receipt of evidence of such steps being taken to the reasonable satisfaction of the Client, it shall have no further claim or right to take action against the Company in relation to such circumstances.
C. Contracts (rights of 3rd parties) act 1999 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term hereof but this provision does not affect any right or remedy of any third party which exists or is available apart from that Act.
D. Jurisdiction These terms and conditions shall be governed by and interpreted in accordance with the laws of England and Wales and shall be subject to the jurisdiction of the English courts.
Company Registration Number 6547015 Registered Office: 71 Duke Street London W1K 5NY - Registered in England
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