Terms & Conditions of Business for the Introduction of Staff to be directly employed by the Client
These terms can be downloaded as a printable Adobe Acrobat pdf file here 
1. DEFINITIONS
1.1 In these Terms of Business the following definitions apply:
“Applicant” means the person introduced by the Company to the Client for an Engagement including any employees of the Company’s own staff.
“Client” means the individual, firm or corporate entity along with any subsidiary or associated Company to which the applicant is introduced.
“Agency” means Hotel Staff Ltd., registered address: White Oaks, Gravelly Lane, Stonnal, West Midlands, WS9 9HX, UK.
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis.
“Introduction” means the passing to the Client of a candidate curriculum vitae; or other candidate information; or the interview of a candidate, and which leads to the Engagement of that Applicant, whether the Client had knowledge of such a candidate prior to the Introduction.
“Remuneration” means the value of the candidates annual salary or fees along with any other candidate benefits including bonuses, allowances and commission earnings.
2. THE CONTRACT
2.1 Hotel Staff provides the introduction of the Applicant to the Client. These terms apply to the services of introduction provided by Hotel Staff and are deemed to be accepted by the Client for any Introduction to, or Engagement of an Applicant.
2.2 These terms contain the entire agreement between the parties and will apply unless a variation is agreed by a director of Hotel Staff in writing.
2.3 Any variation or alteration to these Terms will be valid only if agreed and set out in writing between Hotel Staff and the Client.
3. FEES
3.1 Fees are charged for each introduction of an employee to the Client, where the introduction results in an Engagement. The Client agrees:
To inform Hotel Staff immediately of any offer of Engagement for the Applicant.
To inform Hotel Staff immediately of the details of remuneration offered for the Engagement of the Applicant.
To pay the fee of Hotel Staff raised when the Applicant commences Engagement with the Client, within 14 days of the date of invoice.
3.2 Hotel Staff reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at a rate of 5% per annum above the base rate of the Bank of England from the due date until the date of payment, in accordance with the Late Payment of Commercial Debts Act 1998.
3.3 Fees will be charged to the Client if a potential Applicant introduced by Hotel Staff to the Client is engaged within a period of twelve months of the date of initial Introduction.
3.4 The fee payable by the Client to Hotel Staff for an introduction that results in an Engagement is calculated as set out in the accompanying Fee Structure, based on the gross remuneration which the Applicant will earn during the first 12 months of their Engagement by the Client. VAT will be charged on the fee at the applicable rate.
Work Permit Fees – initial application; permit renewal, permit transfer £500
Placements of Applicants for Junior Positions £500
e.g. Waiting Staff, Chambermaid
Placements of Applicants for Supervisory Positions 10%
e.g. Kitchen Staff, Chef de Rang, Head Waiter, Sommelier, Barman, Receptionist
Placements of Applicants for Managerial Positions 12%
e.g. Restaurant Manager, Sous/Head Chef, Operation Manager
4. REFUNDS & GUARANTEES
4.1 Hotel Staff will make the refund and replacement guarantee at no extra charge to the Client, provided that:
a) The Client pays the Hotel Staff fee within 14 days of the date of the invoice
b) The Client must notify Hotel Staff in writing of the termination of the Engagement within 7 days of its termination.
c) The candidate has been employed on a flat fee basis and this is confirmed in writing.
c) The Engagement terminates (except due to redundancy) within 10 weeks of commencement.
Providing these conditions are satisfied, the Refund Structure will be:
Introductions Terminated
during | Percentage
Refund
|
|---|
| Weeks 1 – 2 | 100%
| | Weeks 3 – 4 | 75%
| | Weeks 5 – 6 | 50%
| | Weeks 7 – 8 | 30%
| | Weeks 9 – 10 | 10%
|
4.2 Replacement Guarantee – Should the Engagement terminate within 4 weeks, Hotel Staff will present suitable replacement Applicants to the Client. Upon the Client engaging a replacement Applicant, a credit note for the original fee (paid within 14 days of being raised) and a new invoice for the replacement Applicant will be raised.
4.3 If after an offer of employment has been made by the Client to the Applicant, the Client decides for any reason to withdraw the offer, the Client shall be liable to pay Hotel Staff for its work in good faith for the Introduction of the Applicant to the Client, the minimum fee of 20% of the proposed placement fee.
5. OTHER TERMS OF BUSINESS
5.1 Introductions are confidential. The disclosure by the Client of an Introduced Applicant by Hotel Staff, to a third party within six months of the initial Introduction renders the Client liable for the Engagement fee as detailed in 3.4.
5.2 Any Applicant Engagement as a consequence of the Introduction by Hotel Staff, whether direct or indirect within 6 months from the date of the introduction by Hotel Staff will result in the Client being charged the fee according to the Fee Structure in 3.4.
5.3 Suitability – Hotel Staff cannot accept responsibility for any information or representation concerning potential employees to whom employers may be introduced, in particular the history, character, age, capability, or suitability of any potential employee. The Client will be responsible for the arrangement of medical examinations and/or investigations into the medical history of the Applicant.
5.4 References – the Client will be responsible for taking up any references provided by any Applicant and/or Hotel Staff and will ascertain the suitability of any potential employee prior to Engagement.
5.5 Liability – In effecting introductions Hotel Staff endeavours to ensure the suitability of potential employees. Hotel Staff cannot accept responsibility for any loss, damage or expense incurred by an employer seeking Engagement, under contract Terms Act 1977.
5.6 These terms are governed by English Law and are subject to the exclusive jurisdiction of the English courts.
I have read and understood the above Terms of Business and agree the terms. I agree that I have the authority to act on behalf of the employer to engage in this contract.
E & O E
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