Terms & Conditions – Rural Recruitment

These terms and conditions govern the provision of employment agency services offered by Mrs J D Frost and Mrs R Rivett trading as Rural Recruitment of Owls Farm House, Boxford Road, Milden, Ipswich, Suffolk, IP7 7AN (the “Agency”).

Tel: 07979 501997 or 07771 655879 . E-mail: info@ruralrecruitment.co.uk.

INTERPRETATION
1. The definitions and rules of interpretation in this clause apply to these terms and conditions of business (Terms).
  Applicant: an Applicant Introduced or supplied by the Agency to the Client as an employee of the Client whether on a permanent, temporary or fixed term basis.
  Business Day: a day other than a Saturday, Sunday or public holiday when banks in England are open for business.
  Client: any person who instructs the Agency to find an Applicant.
  Introduce: the provision to the Client of information by the Agency which identifies the Applicant.
  Vacancies: the Client’s vacant positions and Vacancy shall be construed accordingly.
2. Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.
3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular and a reference to one gender shall include a reference to the other gender.
5. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
6. A reference to writing or written includes email.
SERVICES
1. The Agency acts as an employment agency. The Agency is not authorised to enter into contracts with Applicants on behalf of the Client.
2. The Agency agrees to use reasonable endeavours to Introduce Applicants to the Client in respect of Vacancies. The Agency may advertise the Vacancy by placing advertisements in national and local publications, issuing flyers to the public and on-line advertising at the Agency’s discretion. The Agency may advertise the Vacancy by such other methods and in such other media as may be agreed in writing between the Agency and the Client from time to time.
3. As part of its registration process for Applicants the Agency shall obtain confirmation:
  (a) of the identity for the Applicant; and
  (b) that the Applicant has the experience, training and qualifications which the Client has informed the Agency it considers necessary in connection with the Vacancy or which the Applicant needs to have by law or by the requirements of any professional body to carry out the work.
4. The Agency will inform the Client without delay if the Agency finds out, within three months of the Applicant starting an Assignment, that that Applicant is or may be unsuitable to perform that Assignment.
5. When making a request for the provision of an Applicant to perform certain services (Assignment), the Client will give the Agency details of:
  (a) the date on which the Client requires the Applicant to commence work and the duration, or likely duration, of the work;
  (b) the position which the Client seeks to fill, including the type of work the Applicant in that position would be required to do, the location at which, and the hours during which, the Applicant would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
  (c) if the position which the Client seeks to fill involves working with or caring for any person under the age of eighteen, the elderly, infirm or anyone in need of care and attention;
  (d) the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for the Applicant to possess in order to work in the position;
  (e) any expenses payable by or to the Applicant;
  (f) the fees or rate of remuneration and any other benefits which the Client would offer to an Applicant in the position which it seeks to fill, and the intervals at which the Applicant would be paid; and
  (g) the terms of the contract or where applicable, the length of notice which an Applicant in such a position would be required to give, and entitled to receive, to terminate the engagement or employment with the Client.
6. The Client confirms that it is aware of all legal or professional body requirements which either the Client or the Applicant have to satisfy in order to enable the Applicant to work for the Client.
7. The Client shall immediately inform the Agency if it employs an Applicant.
INTRODUCTION FEE
1. The Client shall pay the Agency:
  (a) a registration fee of fifty pounds (£72 inc VAT) ; and
  (b) an Introduction Fee in respect of Applicants as follows:
  (i) two hundred and fifty pounds (£250) is Our minimum fee and also applies if the Applicant is required to work less than 5 hours per week; or
  (ii) six hundred pounds (£600) if the Applicant is required to work more than 5 hours per week but earns less than £10,000 per annum,
2. (iii) for Applicants earning £10,000 and above per annum, the fee will be 8 % of annual salary
  (iv) Commercial placements will be charged at 8% of annual salary
3. For advertising only, rather than the bespoke service the fee will be three hundred and sixty pounds (360)
4. The Client must pay the Registration Fee to the Agency before the Agency will attempt to Introduce Applicants to the Client. All fees are subject to VAT
5. The Registration Fee and the Introduction Fee are non-refundable. A free replacement will be offered within 4 weeks of employee’s start date
6. The Agency may invoice the Client an Introduction Fee for an Applicant at any time after that Applicant’s start date for the Client and the Client will pay each invoice in cleared funds no later than 10 Business Days of the date of such invoice.
7. If during an Assignment or within 14 weeks of the start of the first Assignment or 8 weeks of the end of the last Assignment (as calculated in accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003), whichever period ends last, an Applicant is introduced (directly or indirectly) to a third party by the Client and such third party employs the Applicant then the Client shall pay to the Agency the introduction fee which shall be calculated in accordance with the Agency’s fees for introductions in force on the date when the employment occurs.
FEES AND VAT
1. The Agency shall charge VAT to the Client, at the prevailing rate, after the Agency has provided the Client with a VAT invoice. VAT Registration No. (GB) 413 5434 24
2. No increase in the fees payable under this agreement by the Client to the Agency may be made without the Client’s prior written consent.
3. Any sums payable by the Client under this agreement which remain outstanding after the agreed date for payment shall carry interest (both before and after judgment) on a daily basis at an annual rate equal to 4% above the base lending rate of the National Westminster bank.
ADDITIONAL COSTS AND EXPENSES
1. The Client shall pay to the Agency:
  (a) costs and expenses arising in connection with any advertising that is specifically required by the Client; and
  (b) any other costs and expenses incurred by the Agency which have been pre-approved by the Client.
  
  The Agency may invoice such costs and expenses to the Client at any time. The Client must pay such invoice in cleared funds no later than 5 Business Days from the date of such invoice.
TERM
This agreement shall commence on the date of this agreement (the Commencement Date) and it shall continue until terminated in accordance with its terms. Either party may terminate this agreement at any time by providing the other with 30 Business Days’ prior written notice.
DEFAULT AND EARLY TERMINATION
1. Either party may terminate this agreement immediately on giving notice in writing to the other party if:
  (a) the other party commits any material breach of this agreement and (in the case of a breach capable of being remedied) shall have failed to remedy the breach within ten Business Days after receiving a written notice of the breach requiring the breach to be remedied within such period; or
  (b) the other party becomes insolvent, is unable to pay its debts, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrator appointed, enters into any composition with creditors generally, is wound up or any step is taken towards any of these events.

EFFECT OF EARLY TERMINATION
1. Any termination of this agreement however caused shall not affect:
  (a) any rights or liabilities which have accrued before the time of termination; or
  (b) the continuance in force of any provision of this agreement which expressly or by implication is intended to come into or continue in force after termination.

CONFIDENTIALITY AND DISCLOSURE
1. Neither party shall during and after termination of this agreement, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature.
2. Each party shall on demand and on termination of this agreement surrender to the client all material relating to such confidential information in its or its personnel’s agent or representatives’ possession.
3. The client consents to the agency disclosing information in relation to the client and the vacancy to an applicant.

DATA PROTECTION COMPLIANCE
To the extent that any data or information belonging to a party (data controller) is personal data within the meaning of the data protection act 1998 or equivalent legislation in the territory:
(a) the other party will process such data and information only in accordance with the data controller’s instructions;
(b) the other party will not transmit such data and information to a country or territory outside the European economic area without the data controllers prior express written consent; and
(c) the other party will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the data controller.

ENTIRE AGREEMENT
1. These terms constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
2. Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.
3. Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.

WARRANTIES AND REPRESENTATIONS
1. Each party warrants to the other party that it has full power authority to contract with one another.
2. The Client warrants and represents to the Agency that the information provided to the Agency pursuant to Clause 12 together with all other information provided to the Agency in connection with these Terms, the Assignment and the Vacancy is true, accurate and not misleading in any material respect.

CONTRACTS (RIGHTS OF THIRD PARTIES)
1. A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
2. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.

GOVERNING LAW AND JURISDICTION
1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

CANCELLATION
The Client agrees that the Agency may start to provide its services straight away and once the Agency has provided the Client with a copy of these Terms in a durable medium the Client will lose any cancellation rights which it may have had under the Consumer Protection (Distance Selling) Regulations 2000. This does not affect the Client’s other statutory rights and the Client may still cancel or terminate where the Client is legally entitled to do so, for example because of wrong doing.