Terms & Conditions of Business
1.0 Obligations of the Company
1.1.1 The Company 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 Company when placing its order for an Applicant.
2.0 Obligations of the Client
2.1 The Client will notify the Company immediately an offer of employment is accepted by an Applicant or otherwise upon commencement of an engagement (whichever occurs first).
2.2 Notwithstanding condition 1.1, 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.
2.3 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.
2.4 The Client undertakes not to employ or seek to employ members of staff of the Company but if any member of such staff accepts an Engagement by the Client within 3 months of such member leaving the employment of the Company, then the Client shall be liable to pay the Company’s scale fee as if such member had been introduced by the Company.
2.5 The Client undertakes that in an event of the Client introducing (directly or indirectly) an Applicant to another person, firm, Company or organisation, including and 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 Company) the Client shall pay to the Company an introduction fee in accordance with condition 3 herein, unless the engagement occurs more than 6 months after the introduction of the Applicant to the Client by the Company.
3.1 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 Introductory Fee shall be a percentage of the Applicants projected remuneration and is subject to VAT. Remuneration shall be total gross remuneration (including any 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.
3.2 The Introduction Fee shall be calculated for all salary levels as follows (and is subject to VAT):
|Salary Range||Fee applicable|
|Up to £17,999||18%|
|£18,000 to and including £25,000||20%|
|£25,000 – £29,999||25%|
3.3 All monies due hereunder shall be paid by the Client within 7 days of date of invoice by the Company.
3.4 In the event that a permanent vacancy is withdrawn by the Client, following the full recruitment service being delivered by the Company, resulting in the Company’s Applicant being offered employment with the Client, and this offer of employment being accepted by the Applicant, a minimum administration fee of £2,000 (subject to VAT) shall become due immediately. In any event, this fee shall not be less than £2,000 (subject to VAT).
3.5 The Company 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 thereof of delayed payment calculated from the date of the invoice. Interest will apply both before and after any court judgement.
4.1 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 here under have been paid by the Client in accordance with Condition 3
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 Company 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 applicable|
|Up to 4 weeks||80%|
|4 wks but less than 8 weeks||30%|
|8 wks but less that 12 weeks||10%|
|12 weeks and over||0%|
5.0 Liability and indemnity
5.1 The Company shall not be liable to the Client for any loss, injury or 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 4).
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 5 shall be construed as purporting to exclude or restrict liability of the Company 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.
5.2 In consideration of the Company entering into an agreement with the Client in which these conditions are incorporated, the Client hereby undertakes to indemnify the Company in respect of any and all liability of the Company 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.
5.3 The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the fee payable to the Company hereunder and shall accept risk and/or insure accordingly.
6.1 In these conditions any notices required to be served on the Company 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.
7.1 In these conditions the following expressions shall be given the following meanings:
a) The Company – Ocean Corporation Specialist Recruitment limited t/a Ocean Consulting. For the avoidance of doubt, Ocean Consulting is acting as an Employment Agency.
b) The Client – any person, firm, Company or organisation who approaches the Company with a view to engaging or otherwise employing an Applicant
c) An Applicant – a person introduced by the Company to the Client for the purposes of an Engagement
d) Engagement – the employment or other use, whether under a contract for service or contract services or otherwise, of an Applicant.
e) Month – means a calendar month.
f) Week – means seven consecutive days.
7.2 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.
7.3 All and any business undertaken by the Company is transacted subject to these conditions all of which shall be incorporated in any agreement between the Company 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 Company. No variation in these Conditions can be made without the written consent of a Director of the Company.
7.4 The complete or partial invalidity or unenforceability of any provision herein for any purpose or of the remaining provisions. Any such provision shall be deemed to be served for that purpose subject to such consequential modification as may be necessary for the purpose of such severance.
7.5 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 occurs first) shall be deemed acceptance of and agreement to these Conditions on the part of the Client.
8.0 Data Protection
8.1 The Client agrees to process any personal data supplied by the Company about workers only in connection with an Assignment or potential Assignment and to comply with the provisions of the Data Protection Act 1998 in relation to the processing of such data. The Company may collect, hold & process personal information about the Client for the purpose of carrying out its business of supplying Workers to the Client. The Company 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 Company processing & disclosing such information for the purposes outlined within.
No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Ocean Consulting and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.