CLICK HERE TO DOWNLOAD A PDF VERSION OF THE JWRESOURCE STANDARD TERMS OF BUSINESS
TERMS OF BUSINESS for THE INTRODUCTION of PERMANENT / TEMPORARY STAFF
(I) TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF
1. definitions
1.1 In these Terms the following definitions apply:
“Applicant” means the person, including any members of JWResource’s own staff, Introduced by JWResource to the Client;
“Client” means the person, firm or corporate body together with any subsidiary, holding company or associate company (each as defined by the Companies Act 1985, as amended) to whom the Applicant is introduced;
“Employment” means the engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under a contract of service or for services, or under an agency, licence, franchise or partnership agreement, or any other engagement and “Employ” shall be construed accordingly;
“Engagement” means the engagement, employment or use of an Applicant other than in accordance with these Terms and whether on a permanent or temporary basis, or under a contract of service or for services, or under an agency, licence, franchise or partnership agreement, or any other engagement and “Engage” shall be construed accordingly;
“Introduction” means the passing by JWResource to the Client of a curriculum vitae or any other information in any form which identifies the Applicant and “Introduce” shall be construed accordingly;
“JWResource” means John Wright Ltd T/A JWResource, whose registered office is at 15a Troutbeck Road, London SE14 5PN, and whose trading address is 2nd Floor, Suite 67/68, 65 London Wall, London EC2M 5TU.
1.2 Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect the interpretation of these Terms.
2. the contract
2.1 These Terms apply to and form part of the agreement under which JWResource introduces Applicants to the Client.
2.2 These Terms are deemed to be accepted by the Client by the earlier of an Introduction to, or the Employment by, the Client of an Applicant.
2.3 Unless otherwise agreed in writing by the Managing Director of JWResource or someone duly authorised by him, these Terms shall prevail over any other terms of business put forward by the Client.
2.4 No variation or alteration of these Terms shall be valid unless approved in writing by the Managing Director of JWResource or someone duly authorised by him.
3. notification and fees
3.1 The Client agrees:
(a) to notify JWResource immediately of any offer of Employment which it makes to the Applicant;
(b) to notify JWResource immediately that the Applicant has accepted its offer of Employment, when the Employment is to commence and to provide full and accurate details of the base salary to JWResource; and
to pay JWResource’s fee within 14 days of the date of invoice. The invoice date will be the Applicant’s start date.
3.2 No fee is incurred by the Client until the Applicant starts with the company. JWResource will render an invoice to the Client for its fees on the start date of the applicant.
3.3 JWResource reserves the right to charge interest on any invoiced and overdue amounts at the rate of 4% per annum above the base rate from time to time of Barclays Bank PLC from, but not including, the due date until the date of actual payment.
3.4 The fee payable to JWResource by the Client for an Introduction resulting in Employment is the amount equal to either 30% of the base salary which the Applicant is entitled to earn during the first 12 months of the Employment, strictly subject to a minimum fee of £5000. The Client will pay to JWResource all Value Added Tax due on the fee. .
4. refund guarantee
4.1 In order to qualify for the refund guarantee set out in clause 4.2, the Client must pay JWResource’s fee within 14 days from, but not including, the date of invoice and must notify JWResource in writing of the termination of the Employment within 3 working days from, but not including, the date of its termination.
4.2 If the Employment terminates before the expiry of 10 weeks from its commencement a rebate of 10% of the fee set out in clause 3.4 will be allowed against JWResource’s fee for each complete week of the initial 10 week period not actually worked by the Applicant.
5. introductions
5.1 All information arising out of Introductions is confidential. The disclosure by the Client to a third party of any details regarding an Applicant which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to pay JWResource the amount equal to 30% of the Remuneration which the Applicant is entitled to earn during the first 12 months of the Engagement with no entitlement to a refund. Under these circumstances, the fee calculated will have no maximum limit as per clause 3.4.
5.2 If the Client Engages an Applicant (whether in person or indirectly through a limited company or otherwise) within 12 months of the Introduction, the Client agrees to pay JWResource the amount equal to 30% of the Remuneration which the Applicant is entitled to earn during the first 12 months of the Engagement, with no entitlement to a refund. Under these circumstances, the fee calculated will have no maximum limit as per clause 3.4.
6. suitability
JWResource endeavours to ensure the suitability of any Applicant introduced to the Client. Notwithstanding this, the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the Applicant and/or JWResource before engaging such Applicant. The Client shall be responsible for obtaining work and other permits (if required), for the arrangement of medical examinations and/or investigations into the medical history of an Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
7. liability
JWResource shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with JWResource seeking an Applicant for the Client or from the Introduction to or the Employment of any Applicant by the Client or from the failure of JWResource to introduce any Applicant. For the avoidance of doubt, JWResource does not exclude any liability for death or personal injury arising from its own negligence.
8. law
These Terms are governed by the laws of England & Wales and are subject to the non-exclusive jurisdiction of the Courts of England
& Wales.
(II) TERMS OF BUSINESS FOR THE SUPPLY OF LIMITED COMPANY CONTRACTORS
Our terms require both clients and contractors to have appropriate employers’ and public liabilities insurance cover.
9. DEFINITIONS
9.1 In these Terms the following definitions apply:
“Assignment” means the period during which the Contractor is engaged by the Client to render services;
“Client” means the person, firm or corporate body together with any subsidiary, holding company or associate company (each as defined by the Companies Act 1985, as amended) to whom the Contractor is introduced;
“JWResource” means John Wright Ltd T/A JWResource Ltd, whose registered office is at 15a Troutbeck Road, London SE14 5PN, and whose trading address is Holland House, 1 – 4 Bury Street, London EC3A 5AW;
“Contractor” means the limited company introduced to the Client by JWResource and engaged by the Client to carry out an Assignment (and save where otherwise indicated, includes any officer, employee or representative thereof);
“Engagement” means the engagement, employment or use of the Contractor’s services or the services of any officer, employee or representative of the Contractor other than in accordance with these Terms and whether under a contract of service or for services, or under an agency, licence, franchise or partnership arrangement, or any other engagement; and
“Introduction” means the passing by JWResource to the Client of information in any form which identifies a Contractor and “Introduce” shall be construed accordingly.
9.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
9.3 The headings contained in these Terms are for convenience only and do not affect the interpretation of these Terms.
10. the contract
10.1 These Terms apply to and form part of the contract between JWResource and the Client and are deemed to be accepted by the Client by virtue of the earlier of an Introduction or the commencement of the Assignment.
10.2 Unless otherwise agreed in writing by the Managing Director of JWResource or someone duly authorised by him, these Terms prevail over any terms of business or purchase conditions proffered by the Client.
10.3 No variation or alteration of these Terms shall be valid unless approved in writing by the Managing Director of JWResource or someone duly authorised by him.
11. confirmation of assignments
Prior to the commencement of the Assignment, or if this is not practical, within a reasonable period of the commencement of the Assignment, JWResource will send to the Client written confirmation of the Assignment specifying the identity of the Contractor, the hourly rate of payment charged by JWResource, the notice period required to terminate the contract, the intervals at which invoices will be rendered to the Client by JWResource and any other relevant information.
12. charges
12.1 The Client agrees promptly to pay to JWResource the hourly charges of JWResource as notified prior to, or at the commencement of, the Assignment and which may be subsequently varied by agreement between JWResource and the Client from time to time during the Assignment. The charges are calculated according to the number of hours worked by the Contractor (rounded up to the nearest quarter hour). The charges are comprised mainly of the Contractor’s remuneration but also include JWResource’s commission. The Client will promptly pay JWResource any VAT payable on any of these charges.
12.2 The charges are invoiced to the Client on a weekly basis and are payable within 14 days from, but not including, the date of invoice. JWResource reserves the right to charge interest on any invoiced and overdue amounts at the rate of 4% per annum above the base rate from time to time of Barclays Bank PLC from, but not including, the due date until the date of payment.
12.3 The Client shall reimburse the Contractor directly for any sums due in respect of any travel, hotel or other expenses as may have been agreed with the Client, or if there is no such agreement, JWResource will add 8% administration charge, or £10, which ever the greater to any expenses processed.
13. time sheets
13.1 At the end of each week of an Assignment (or at the end of an Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Client shall sign a time sheet or other written record completed by the Contractor to verify the number of hours worked by the Contractor during that week or part-week of the Assignment.
13.2 Signature of the time sheet or other written record by the Client constitutes acceptance that the Contractor’s services have been provided for the hours indicated and that such services have been satisfactory and in accordance with these Terms. Failure to sign the time sheet does not affect the Client’s obligation to pay the charges set out in clause 4.
14. remuneration
JWResource is responsible for paying the Contractor’s fees and for deducting any sums from such fees as may be required by law.
15. re-engagement fees
15.1 The Client agrees to notify JWResource of its Engagement of a Contractor or a member of the Contractor’s Staff and of the terms of such Engagement, including the duration of the Engagement and the annual gross fees payable to the Contractor.
15.2 The Engagement by a Client of a Contractor or any staff of the Contractor following an Introduction or the introduction by the Client of such Contractor or staff to any third party resulting in an Engagement by that third party renders the Client subject to the payment of an introduction fee calculated at 30% of the annual gross fees payable to the Contractor provided that the Engagement takes place within a period of 6 months from the termination or expiry of the Assignment under which the Contractor was last supplied, or if there was no Assignment, within 6 months of the Introduction.
15.3 Where the Client fails to inform JWResource of the annual fees pursuant to clause 7.1, the introduction fee due under clause 7.2 will be calculated by multiplying the greater of £10 and the hourly charge payable by the Client under clause 4 by 300. No refund of the introduction fee will be paid in the event that the Engagement subsequently terminates. VAT is payable by the Client in addition to any fee due.
16. liability
16.1 Whilst every effort is made by JWResource 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 Assignment details provided by the Client, no liability is accepted by JWResource for any loss, expense, damage, liability, claim, costs or delay arising from the failure to provide a Contractor for all or part of the period of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Contract or if the Contractor terminates the Assignment for any reason. For the avoidance of doubt, JWResource does not exclude liability for death or personal injury arising from its own negligence.
16.2 Contractors provided by JWResource 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 legislation and legal requirements including provision of adequate employers and public liability insurance in respect of the Contractor. The Client shall indemnify and keep indemnified JWResource against any costs, losses, liabilities, claims, damages and expenses incurred by JWResource as a result of any breach of these Terms by the Client.
17. Termination of the assignment
17.1 The Client may terminate the Assignment by giving to JWResource notice in the manner specified in the written confirmation referred to in clause 3. In the absence of any notice period being specified or of a written continuation, the Client and JWResource may terminate the Assignment upon 4 weeks’ written notice to the other.
17.2 Notwithstanding the provisions of sub-clause 9.1 the Client may terminate the Assignment immediately by notice in writing to JWResource where;
(a) the Contractor is in wilful or persistent breach of its obligations and has failed to remedy such breaches having been given notice of them and a reasonable opportunity to remedy; or
(b) the Client reasonably believes that the Contractor has not observed any condition of confidentiality notified in writing to the Contractor from time to time; or
(c) the Contractor is guilty of gross negligence or gross misconduct.
17.3 JWResource may terminate an Assignment forthwith by notice in writing if:
(a) the Client is in wilful or persistent breach of its obligations under these Terms; or
(b) 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 solvent reconstruction or amalgamation).
18. law
These terms are governed by the laws of England & Wales and are subject to the non-exclusive jurisdiction of the Courts of England & Wales.
19 Please note any amendments to these Terms as detailed in any supplementary Addendum / Appendix.
JWResource | 2nd Floor | Suite 67 | 65 London Wall | London EC2M 5TU
Tel : +44(0) 844 811 5461 | enquiries@jwresource.co.uk