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Terms of Business

For the Introduction and Placement of Permanent Staff

1.    These terms and conditions of business are between Foyne Jones and the Employer Client (therein referred to as the “Client”) and relate to the introduction to you by Foyne Jones of Applicants for permanent positions.

2.    In these terms and conditions
a.    The “Client” means a person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the applicant is supplied.

b.    “Introduction” means that the presentation of an applicant or the provision of details of an Applicant by Foyne Jones to you the Client whether or not you had knowledge of the Applicant prior to the introduction including but not limited to passing the Applicants CV or other information which identifies the Applicant and by interviewing the Applicant in person or by telephone.

c.    “Engagement” includes the employment of use of an Applicant in any capacity whatsoever whether temporary or permanent and whether under a contract of service or services or as an employee or self employed person or otherwise and whether by the Client or any associated company of the Client.

d.    “Applicant” means the person introduced by Foyne Jones to the Client for an Engagement and includes the Engagement by the client to any members of Foyne Jones own staff.

3.    These terms and conditions apply to all such supplies and introductions and by asking Foyne Jones to make any such supply or introduction you are deemed to have accepted these terms and conditions to the exclusion of any terms and conditions hat you may have, In the event of any conflict between these terms and conditions and any other terms and conditions these terms and conditions shall prevail unless expressly agreed otherwise in writing by Jonathan Foyne or Peter Jones of Foyne Jones. Foyne Jones is entitled to assume that any employee or agent of yours has the authority to bind you (unless you notify Foyne Jones in writing) and Foyne Jones is not required to seek confirmation of that authority.

4.    Foyne Jones acts as an employment agency in the introduction of Applicants for permanent positions and any Applicant introduced or supplied are not regarded to be employees of Foyne Jones.

5.    The fee payable by the Client is for the introduction of an Applicant to the Client by Foyne Jones, which results in an engagement whether or not the Client knew of the Applicant previously.

6.    The Fee payable to Foyne Jones by the Client for the introduction of an Applicant is calculated as a percentage of the annualised commencing gross taxable pay and taxable emoluments is such payments are guaranteed within the first year of employment.

7.    The fee shall be calculated according to the following scale:

Gross taxable pay    Up to £19,999    20% + VAT
Gross taxable pay     £20,000 up to £29,999    25% + VAT
Gross taxable pay    £30,000 and over    30% + VAT

Where the annualised gross taxable pay is unknown or where the Applicant is engaged by the Client under a contract for services the fee payable to Foyne Jones by the client will be no less than £5,000 + VAT.

8.    The Fee should be payable by the Client within Fourteen days from date of Invoice regardless of when an Applicant actually commences employment. All Foyne Jones invoices are subject to VAT.

9.    In the event that payment is not made in accordance with Clause 8 hereof interest will be charged at the rate of Two % per month calculated from the due of payment to the date of receipt of cleared funds by Foyne Jones.

10.    In the event of an employee leaving the Clients employment within 8 weeks of commencement (save when the termination of employment is by the reason of Redundancy as defined in section 139 of the Employment Rights Act 1996) the following scale of refunds will be applicable provided that Foyne Jones has been paid within 14 days of the invoice date.

Up to Two Weeks     90%
Up to Four Weeks    50%
Up to Six Weeks     25%
Up to Eight Weeks    10%

No rebate will be given unless:

a.    You have presented to Foyne Jones satisfactory evidence that the Applicant was incapable of performing the engagement and

b.    Foyne Jones have received written notification from you of the Engagement of the Applicant within 14 days of you agreeing to the engagement and

c.    Foyne Jones has received written notification from you within seven days of the employee leaving your employment.

d.    Your Account with Foyne Jones has been settled in full within 14 days of the invoice date.

11.    In the event that Foyne Jones agree to pay and rebate the fee pursuant to clause 10 then should the Client as defined within these terms subsequently re engage the Applicant within a period of 12 Calendar Months from the date of termination Foyne Jones will be entitled to re-invoice the amount of fee rebated and that shall become immediately payable by the client.

12.    If within 12 months of you asking Foyne Jones to introduce a permanent Applicant to you or within 12 months of an engagement of an Applicant by you (whichever shall be the later) you agree to engage any person who is or was an employee of Foyne Jones then you will become liable for a fee calculated in accordance with clause 7. No rebate shall apply in respect of this fee.

13.    All introduction and Applicant details are confidential. If within 12 months of an introduction of an Applicant to you by the company you or any representative or employee of yours refers such an Applicant to any other person, body, firm or corporation you must notify Foyne Jones and you will be liable for:
a.    If an Applicant is used in a permanent capacity and the total remuneration is known to the company a fee as set out in clause 7.   Or

b.    In any other case set out in the final paragraph of clause 7.
No Refund shall apply in respect if any fee charged.

14.    Foyne Jones endeavours to make every reasonable effort to ensure the suitability of Applicants selected on behalf of clients but does not establish references personally and can not accept any liability for any losses incurred by the client arising directly or indirectly from the introduction of an applicant howsoever incurred. Foyne Jones does not warrant the ability of an Applicant and will not be responsible for the accuracy of any information supplied to you by the Applicant. The Client is responsible for assessing the suitability of any Applicant introduced for any permanent position and for engaging that Applicant and taking up any references supplied.

15.    The Client is responsible for taking up any references concerning Applicants skill qualifications and general integrity, obtaining work permits, licences and satisfying any medical requirements or qualifications required by law. The Client is also responsible for ensuring compliance with all Health and Safety and other legislation relating to the assignment and the supervision, direction and control of any workers supplied to you.

16.    Foyne Jones shall not be liable for any loss, injury, damage, costs, expenses or delay however caused (and whether direct, indirect or consequential) arising directly or indirectly from the introduction and supply of an Applicant and in particular without limitation to the foregoing Foyne Jones shall not be liable for any such loss, injury, damages expenses or delay arising from or in any way connected with:

a.    The failure of an Applicant to meet your requirements

b.    Any act or omission of an Applicant whether wilful, negligent, fraudulent, dishonest, reckless or otherwise.

Provided that nothing in these terms shall be constructed as purporting to exclude or restrict Foyne Jones to you for any death or personal injury resulting from its negligence as defined in the Unfair Contract Terms act 1977.

17.    The liability of Foyne Jones to you for any breach by it of these terms and conditions or for any liability and negligence or otherwise shall not (save to the extent that such results in death or personal injury exceed Foyne Jones commission relating to the introduction and supply of the relevant Applicant. In any event Foyne Jones will not be liable in relation to any matter not reported to you in writing to Foyne Jones within 3 working days of its occurrence.

18.    You shall indemnify Foyne Jones against all and any claims and liabilities howsoever arising in respect of any loss, injury, damage, costs, expenses or delays suffered or incurred by the Applicant howsoever caused (save to the extent that such results in death or personal injury) and against all and any claims made by any third party arising directly or indirectly or in any way connected with the introduction and supply of an Applicant to you or the acts and omissions of any such Applicant whether wilful, reckless. Fraudulent, negligent, dishonest or otherwise.

19.    No variation of these Terms and Conditions is valid or binding unless approved in writing by either Jonathan Foyne or Peter Jones.

20.    These Terms and Conditions shall be governed by and constructed in accordance with the Law of England and Wales and you submit with the company to the jurisdiction of the courts of England and Wales in relation to any matter arising out of these Terms and Conditions

21.    These Terms and Conditions are valid from 01/01/2011.