Terms and Conditions

Harvest Staff terms of business for the supply of permanent staff to the Care Sector.

1. Meanings

“Terms” means the terms as detailed in this document; references to the singular include the plural and vice versa;

“Company” means Harvest Staff LTD, a company registered in England (no. 13329045) whose principal trading address is Spectrum House, Beehive Ring Road, Gatwick, West Sussex, RH6 0LG.

“Worker” means the individual introduced to the Client by or via the Company;

“Client” means the person, firm or body corporate (together with any related holding, subsidiary or associated company) to which the worker is introduced;

“Engagement” means the employment or use, directly or indirectly, of the worker by the Client on a permanent or temporary basis, whether under a Contract of Service or, Contract for Services, an agency, license, franchise or partnership arrangement or any other engagement by which the worker receives remuneration in return for services to the Client;

“Fee” means the amount as agreed between the parties in relation to the placement of that worker by the Company with the Client or the facilitation of an Introduction of the worker by the Company to the Client;

“Introduction” means the Client’s interview of the worker in person or by telephone or any other means; or the passing to the Client by the Company of a CV or other information which leads to an Engagement of that worker by the Client;

“Remuneration” means the aggregate gross annual emoluments payable to the worker pursuant to the Engagement, including salary, payments, bonuses, housing allowance, profit related pay and any other payment;

“Retained Introduction” means the Introduction of a worker to the Client by the Company on the basis of a specific instruction to select a suitable worker for the Client. Such introductions will be conducted by the Company on the basis of advertised selection with targeted search or advertised selection in the Accession States and other countries:

“Shortlist” means the list of workers sent by the Company to the Client in either written or electronic form and/or interviewed or otherwise selected;

“Transaction” means the specific terms or variations to these terms which apply to each individual engagement;

“Schedule” each transaction between The Company and the Client shall have an over-riding schedule in which the basis of the transaction shall be defined and specified;

2. Terms

(a) The Client acknowledges and agrees that upon an Introduction it accepts and is bound by these Terms.

(b) No variation or alteration to these Terms can be made without the written consent of a Director of the Company. These Terms shall be the only terms and conditions relevant to the Introduction and Engagement, to the exclusion of all other terms and conditions, including those of the Client.

3. Client Obligations

(a) The Client warrants and confirms that it has given to the Company sufficient information in order for the Company to properly consider the suitability of the worker, including but not limited to:

(i) the date on which the Client requires the Engagement to commence and the duration of the Engagement;

(ii) details of the Engagement, including, but not limited to, the type of work, the location at which and the hours during which the Engagement is to be undertaken, any risks to health and safety known to the Client and the steps taken by the Client to prevent or control such risks;

(iii) 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 worker to possess in order to undertake the Engagement; and any expenses payable by or to the worker;

(b) The Client confirms that the Company has supplied it with confirmation of the following:

(i) the identity of the worker;

(ii) that the worker has the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law or by any professional body, to undertake the Engagement;

(iii) in the case of those workers interviewed by the Client, that they are satisfied with the worker selected by them;

(iv) that the worker is willing to work in the vacancy that the Client wishes to fill;

(c) To the extent that the Company may not have supplied the Client with confirmation as set out in Clause 3(b), the Client confirms that it is satisfied with the confirmation supplied; and the Client agrees that if the worker fails to have the experience, training, qualifications or any authorisation which the Client considers are necessary, or which are required by law or by any professional body, the Company shall have no liability to the Client in respect of this.

(d) The Client shall:

(i) advise the Company of all health and safety matters about which the Company is required to inform the worker and in this respect the Client acknowledges that it is responsible for taking appropriate measures to ensure the health and safety of the worker at all times pursuant to the Engagement;

(ii) assist the Company in complying with its duties as imposed by relevant statutory authorities by supplying any relevant information about the Engagement requested by the Company and the Client will not do anything to cause the Company to be in breach of such obligations;

4. Company Obligations

(a) The Company endeavours to take all reasonable steps to ensure that the Client and worker are aware of any requirements imposed by law to enable the worker to work in the position[s] which the Client seeks to fill;

(b) The Company endeavours to take all reasonable steps to ensure that it would not be detrimental to the interests of either the Client or the worker for the worker to work in the position, which the Client seeks to fill;

(c) Where the worker is required by law to have any qualifications or authorisations to work in the position which the Client seeks to fill; the Company will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the worker, two references from persons not related to the worker who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the worker is suitable for the position. If the Company is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event;

5. Liabilities

(a) The Company shall not be liable to the Client for any loss, liability, damages, costs, claims or expenses incurred by the Client or any third party, as a result of the negligence, dishonesty, misconduct, errors, acts or omissions of the worker supplied, arising from, or connected with, the Engagement of a worker by the Client;

(b) Nothing in these Terms shall exclude or restrict any liability of any party for which liability cannot be excluded or restricted by applicable law;

(c) The Company shall not under any circumstances be liable for: - consequential, specific or indirect loss or damage, loss of income, profit, interest or anticipated savings suffered or incurred by the Client arising out of, or in connection with, these Terms, whether or not the Company was aware or could reasonably be expected to have been aware that any such loss, damage or claim could result, whether under contract, tort (including negligence and strict liability) or otherwise, or the inability of the Company to supply a satisfactory worker;

6. Fees and Charges

(a) The Client agrees; to notify the Company immediately of any offer of an Engagement which it makes to the worker; to notify the Company immediately that its offer of an Engagement to the worker has been accepted; and to pay the Fee within 30 days of the invoice date and the Fee, when invoiced, will be payable in the currency of the country in which the Engagement is effected;

(b) The Introduction Fee payable to the Company by the Client for an Introduction resulting in an Engagement is the percentage of Remuneration or finite amount outlined at the beginning of these Terms. VAT will be charged if applicable;

(d) Where a Skilled Worker Visa is a requirement for the worker to legally work in the UK, The Client agrees to register with the Home Office for a Sponsors Licence and pay the charges applicable to the Home Office at the time of registration. Once a sponsor the client will be able to issue a Certificate of Sponsorship (COS) to Workers. There is a fee for each COS and a skills charge levied for each year of the visa length. The Client accepts that any such charges made by the Home Office for consideration of a visa application whether it is successful or not are met in full by the client. Neither The Company nor the Home Office are liable to make a refund of any of the above charges in the event of a refusal or if The Client cancels the application.

7. Guarantee, Rebates, Refunds and Warranties

(a) The Company shall not be obliged to make any rebates or refunds of fees or other sums payable by the Client other than as outlined in these Terms and specifically dealt with in Transaction;

(b) The Company (unless otherwise stated in writing) will provide a free replacement guarantee so long as the invoice has been settled within 30 days. The length of the guarantee (unless otherwise stated in writing) shall be a total of 365 days (from date of commencement) for Skilled Worker Visa Senior Carers. All other placements will be guaranteed for 90 days. #

(c) The Company provides a free replacement worker only if The Client has settled The Company’s invoice in full within 30 days of receipt.

(d) The Client accepts that replacement workers shall be made available in lieu of any refund but that each replacement is only guaranteed for the period associated with the original worker;

(e) The Client accepts that a replacement worker may be supplied of a different nationality to that initially provided.

(f) The Client accepts that only one free of charge replacement will be provided per worker initially supplied.

8. Engagement of Worker

(a) The Client agrees to notify the Company immediately of any Engagement having taken place.

(b) The Client will be liable to pay a Fee in relation to any worker Engaged by the Client as a consequence of, or resulting from, an Introduction by or through the Company, whether direct or indirect, which occurs within 6 months of either the Introduction, or the worker’s final interview with the Client, whichever is the later.

(c) The passing of an Introduction by the Client to a third party, which results in an Engagement of the worker by that third party (on a temporary or permanent basis) within 6 months of the date of the Introduction, will result in a Fee being due from the Client with respect to that worker.

(g) For the purposes of this Clause 8, the Fee will be the sum which would have been payable if the original Introduction had resulted in an Engagement through the Company.

9. General

(a) The Client agrees that it will not divulge confidential information to any third party. The Client agrees that to divulge such information to a third party may breach the Data Protection Act 1998, and other regulations in force from time to time relating to the protection and transfer of personal data, and that the Client, and not the Company, will be held liable.

10. Transaction

(a) This transaction between The Company and The Client is for the supply of workers to be the permanent employees of The Client for the period offered by contract between The Client and the worker.

(b) The financial considerations for this supply are outlined in the attached document and invoice[s] for the successful supply of the worker. Any warranties and/or guarantees will be as described within the separate schedule.

11. Fees

(a) The Client is obliged to pay The Company the agreed fee[s] within 30 days of receipt of the invoice. Each transaction shall be covered by a warranty period as specified in the schedule. During the warranty period The Company will replace free of charge any worker who fails to remain in post for any reason during that stated period of warranty according to the terms set out in Clause 7.

(b) Unless otherwise stated in the schedule, the following fee structure shall apply: -

The Company shall charge a fee equal to 7.5% (plus VAT where applicable) (or 12.5% in the case of Managers or Nurses) of the annual sum that The Client pays to the worker for the period of the engagement. This shall include all benefits or other payments whether in money or tangible benefits that is classified by the Inland Revenue as taxable benefits. If a fixed fee is agreed by The Company in writing then this shall be the amount payable by The Client in lieu of the standard 7.5% + VAT (or the 12.5% in the case of Managers).

(c) In the event that The Client does not settle The Company’s invoice within 30 days, The Company reserves the right to remove the worker without warning or invoice The Client for an amount based upon that stated in clause 11(b).

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