- In these Terms and Conditions of Business the following definition apply:
“Candidate” means the person introduced by the Agency to the Client for an Engagement
“Client” means the person or company to which/whom the Candidate is introduced
“Agency” means Think Private Staff, registered at 6 Greenhills Park, Bloxham, Banbury, OX15 4TA
“Engagement” means the engagement, employment of use of the Candidate by the Client or any third party on a permanent or temporary basis, following an introduction by the Agency
“Introduction” means the Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to the Agency to search for a Candidate or passing by the Agency to the Client via telephone, fax, email, post of a Curriculum Vitae or other information which identifies the Candidate
- The Agency undertakes business on the following terms which shall represent a legally-binding contract between the Agency and the Client. These Terms and Conditions of Business should be read in conjunction with the schedule headed “Fees” which form part of these Terms and Conditions of Business.
- The Agency is not an employer of the Candidates but acts as an introduction agent of Candidates to its Clients.
- The Client will be deemed to have accepted the Agency’s Terms and Conditions of Business when an Introduction takes place.
- Candidates are introduced by the Agency to the Client that wish to use their services, the Client will employ the Candidate directly in accordance with the prevailing employment legislation including without limitation paying the Candidate’s Tax and National Insurance contributions (unless the Candidate provides written evidence that they are self-employed) and Client will provide a suitable working environment which does not compromise the health and safety of the Candidate.
- The Client undertakes to inform the Agency of any offer of Engagement to a Candidate including the start date of the Engagement. The Client must agree with the Candidate prior to the commencement of the Engagement details of all material terms including duties, pay, hours and place of work, holidays and notice period. The Agency will assume that all details of the Engagement have been agreed between the Client and the Candidate unless the Client informs the Agency in writing to the contrary prior to the commencement of the Engagement.
- All information provided by the Agency including personal details of Candidates should be treated as strictly confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in the subsequent Engagement of that Candidate by that third party within 6 months of the initial Introduction will render the Client liable to payment of the Agency’s fee with no entitlement to any refund.
- When confirming temporary Engagements, the Client should detail at the outset the length of the Engagement. The full fee applicable to the length of the booking will be invoiced on confirmation of the Engagement. Should the Engagement be extended by the Client, or the Candidate’s services be used again within 6 months of the termination of the previous Engagement, a further fee will be payable. The Client agrees to notify the Agency of any such changes. Equally, should an initial temporary Engagement result in permanent Engagement within 6 months of the date of commencement of the initial Engagement, the permanent fee shall be payable. The Agency’s fee is specific to the Introduction of an individual Candidate. Any subsequent Introduction or Engagement of further Candidates shall be subject to a further fee.
- Records of all Introductions are kept by the Agency. The Client undertakes to inform the Agency immediately should the Agency introduce a Candidate whose details have already been introduced to the Client from another source. If the client fails to do so and an offer of Engagement ensues, the introduction fee will be payable by the Client to the Agency. In circumstances where the Client may have prior knowledge of a proposed Candidate, in a context other than as an applicant for the job vacancy, and where the Agency has made the Client aware of the said Candidate’s availability and suitability for the Client’s job description, the Agency’s introduction fee will be payable. In circumstances where the Client makes an offer of Engagement to a Candidate for a position other than in accordance with the original job description, the Agency’s introduction fee remains payable.
Should the Client cancel a permanent or temporary Engagement after terms have been agreed but before the Engagement commences, the Client will be liable for 25% of the original placement fee. In exceptional extenuating circumstances this fee may be waived at the sole discretion of the Agency.
Should the Client cancel a permanent or temporary Engagement once employment has commenced, no refund or replacement will be due.
- FEE PAYMENT
Fees will be invoiced in full on confirmation of an Engagement. All fees must be paid within 7 days of the date of the invoice, or prior to the commencement of the Engagement, whichever is the earlier. If settlement is not received within this time-scale, the replacement and refund provisions detailed below will not apply. The Company reserves the right to charge interest on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments.
- REPLACEMENT AND REFUND
Should the Candidate fail to take up the Engagement, other than as a result of unreasonable behaviour by the Client, a free replacement or full refund will be available.
Should the Candidate in a permanent Engagement leave, or be asked to leave by the Client, within 8 weeks of the date of commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation), a replacement Candidate will be provided free of charge. If the Agency is unable to find a suitable candidate within 4 weeks or the Client decides to cancel their search the Agency will refund the fee and will charge the Client a fee for temporary placement.
Should the candidate in a temporary Engagement leave, or be asked to leave by the Client within the invoiced period (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation) a pro rata refund for each complete week not worked – subject to maximum refund of 50% of the original invoice – will be made if a replacement Candidate cannot be found.
The Client must notify the Agency in writing within three days of the termination of the Engagement.
No refunds or free replacements will be applicable if payment has not been received by the Agency in accordance with clause 11 above or if the Client is in breach of any other of the Company’s Terms and Conditions of Business.
No refund or free replacement will be applicable if the Client has failed to honour a previously agreed start date, or has prevaricated over the date to such an extent that the candidate has sought employment elsewhere.
No refund or free replacement will be applicable if the Client continues to retain the services of a Candidate they have advised the Agency they have deemed to be unsatisfactory.
- The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
- If the Client has found a suitable Candidate through Think Private Staff, but uses another agency to place the Candidate, the Client must endeavour to pay Think Private Staff the agreed fee.
The Agency uses all reasonable endeavours to ensure the suitability of the Candidate for Introduction to the Client. However the final responsibility for engaging the Candidate lies with the Client. The Client is strongly advised to obtain their own references to satisfy themselves of the Candidate’s suitability. As the Agency does not directly employ the Candidate, the Agency is not able to insist upon DBS checks (previously CRB). However, the Agency advises all candidates to undertake a DBS check. It is the Client’s responsibility should they decide to engage a Candidate who does not have a current DBS check, or who is in the process of applying for a DBS check. The Agency will advise the Client of the DBS status of the Candidate.
The Agency shall not accept any Liability under any circumstances for any Losses (whether direct, indirect or consequential or otherwise) incurred or suffered by the Client, the Client’s dependents, or any other person, arising out of any alleged or accrual acts or omission of the Candidate or the Agency. The Client shall indemnify and hold harmless the Agency and its Personnel against all Liability and Losses. For the purposes of this clause “Losses” means demands, expense, damage, delay, claims, awards, costs, compensation and any other losses and expenses including legal fees. “Liability” means liability in contract, tort, breach of statutory duty or otherwise. “Personnel” includes directors, officers, employees, agents, shareholders and representatives. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising directly from its own negligence.
All documents and information given to the Agency whether written or oral shall be kept confidential.
Records of all registrations will be held by the Agency for a period of 3 years and will be treated as confidential.
Data Protection – Think Private Staff is registered data user under the Data Protection Act 1998 (the “DPA”) and complies with its obligations under the DPA and will never pass your details to any third party for any other reasons than those you have consented to.
- DISCRIMINATION AND EQUAL OPPORTUNITIES
We are committed to promoting equal opportunities throughout our services and we work under a non-discriminatory policy.
We accept and work with Clients and Candidates regardless of their class, gender, race, religion, sexuality or disability.
There may be occasions when our Clients or Candidates will feel that they have reason for complaint.
If you wish to make a complaint about our service please contact Petra Norman on 01295 368588 or in writing to Think Private Staff, 6 Greenhills Park, Bloxham, OX15 4TA.
These Terms and Conditions of Business are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
We reserve the right to modify this Terms & Conditions at any time. Any changes we may make to this Terms & Conditions will be notified and available on our website.
If you would like to contact us with any queries or comments on this Terms & Conditions please send us an email via our website.
The Agency’s Fees for introduction
|1-10 hrs per week||£395|
|11-20 hrs per week||£495|
|21-30 hrs per week||£595|
|31-40 hrs per week||£695|
|41+ hrs per week||£795|
|Nursery staff||5% Annual salary|
|£70 per week||Placements for more than 8 weeks |
will be charged as permanent fee
|Babysitters||£15 per booking|
|Event nannies||£30 per booking|
Clients who have previously employed a permanent Candidate through the Company will be entitled to a 10% discount on future introductions.