Terms and Conditions of Business for Permanent and Temporary staff
These Terms and Conditions of Business are between Bambino and Butler Ltd and an employer (the Client) and are deemed to be accepted by the Client by virtue of the use or engagement of a person (the Applicant) introduced or supplied to the Client by Bambino and Butler. For the purposes of this terms and conditions and regulation, Bambino and Butler is operating as an employment agency and will have no authority to enter into a contract with an Applicant on behalf of a Client. All and any business undertaken by Bambino and Butler is transacted subject to the conditions hereinafter set out, each of which shall be incorporated and implied in any agreement between Bambino and Butler and its Clients. In the event of conflict between these conditions and any other Terms and Conditions the former shall prevail unless expressly agreed to the contrary by Bambino and Butler in writing.
1. The Client shall notify Bambino and Butler immediately an Applicant introduced or supplied by Bambino and Butler is engaged by the Client. As a result of such engagement, the Client agrees to pay a non-refundable introduction fee (the Introduction Fee) in accordance with Bambino and Butler’s Scale of Fees [(refer to where covered)]. In addition, VAT will be charged at the prevailing rate. If the Applicant is replaced under the Replacement Guarantee (as defined in paragraph 11) the Client shall be only liable to pay one Introduction Fee relating to the filling of that employment vacancy. The introduction fee is payable once the introduced candidate accepts the offer of employment. Bambino and Butler will issue an invoice according to the scale of fees upon the candidate accepting a position with the client.
2. The Client shall be liable to pay the employment costs, including salary, National Insurance and any PAYE amounts required to be paid to or in respect of the engagement of the Applicant (the Employment Costs) and the Introduction Fee from the date on which the Applicant is engaged to commence work for the Client. Such salary shall be deemed to include all taxable remuneration payable including any weighting allowance, guaranteed overtime, guaranteed commission, bonus or any similar payment. The Client shall not be liable to pay PAYE costs if engaging a registered self-employed Applicant.
3. If engaging a self-employed candidate, the introduction fees payable will be calculated based on the Bambino and Butler’s scale of fees. The fees will be calculated on the amount paid to the Applicant.
4. For the avoidance of doubt, provided the Applicant continues to be employed by the Client after the expiry of the Replacement Guarantee Period (as defined in paragraph 11 below) then the Client shall be liable for all the Employment Costs from such expiry in addition to the Employment Costs referred to in paragraph 2 above.
5. The Client shall be responsible to pay the Introduction Fee and the Employment Costs identified in paragraph 2 whether or not the Applicant is replaced pursuant to the Replacement Guarantee. If the Applicant is replaced pursuant to the Replacement Guarantee the Client shall remain liable for the first Applicant’s costs up to the date of such replacement and the equivalent costs of any replacement for the first Applicant.
6. Bambino and Butler will introduce an Applicant to carry out work for the Client of such a nature as the Client shall notify Bambino and Butler when placing its order for an Applicant. When placing its order for any Applicant, the Client shall specify its exact requirements by providing full details of the type of work for which the Applicant is required.
7. Bambino and Butler will endeavour to ensure but does not guarantee the suitability of any Applicant introduced or supplied to the Client. The Client shall notwithstanding satisfy themselves as to the suitability of any Applicant and shall take up any references provided by the Applicant and/or Bambino and Butler, before engaging the Applicant. The Client shall be responsible for obtaining work and other permits and for the arrangement of medical examinations and/or investigations into the medical history of the Applicant, and qualifications as may be required by law.
8. Bambino and Butler accepts no liability whatsoever for any loss or damage of whatever nature arising directly or indirectly from any act or omission of any Applicant introduced by Bambino and Butler, even if such act or omission is negligent or fraudulent.
9. All information provided to the Client by Bambino and Butler is and must remain confidential. If the Client passes on the details of a candidate to a third party and the third party subsequently engages the Applicant’s services, the Client will remain liable for the full Introduction Fee and the Replacement Guarantee will not apply
10. Introduction Fees for Applicants are non-refundable (whether or not the Applicant continues to be employed by the Client after the expiry of the Replacement Guarantee Period) and for Applicants for permanent staff positions shall be based on the salary calculated at an annual rate agreed to be paid to the Applicant by his or her new employer at the commencement of the new employment. Salary is deemed to be all taxable remuneration including any weighting allowance, guaranteed overtime, guaranteed commission, bonus or any similar payment. The appropriate Introduction Fee is as per the scale of fees below. For temporary staff the fee charged by Bambino and Butler shall be non-refundable.
11. In the event of any Applicant, and/or the Client lawfully terminating the engagement and the Applicant leaving the employment within ten weeks of the date upon which the Applicant commenced work for the Client (the Replacement Guarantee Period), then the Client will receive a free replacement guarantee as described below (Replacement Guarantee). The Replacement Guarantee Period shall not be treated as a trial period. The Applicant shall be deemed to be engaged as a worker for the Client unless and until termination of the employment is carried out in accordance with these Terms and Conditions. In the event of the Client making alternative arrangements Bambino and Butler will provide a free replacement guarantee for up to twelve months for permanent staff positions only. For the avoidance of doubt no Replacement Guarantee is offered for temporary staff placements. Bambino and Butler shall use reasonable endeavours to provide a suitable replacement without any further charge provided that:
a. The Client notifies Bambino and Butler in WRITING of the termination, within three days thereof.
b. Neither the Client nor any subsidiary or associated company of the Client shall engage the Applicant within thirty-six months from the date of termination of the engagement.
c. The Applicant has not terminated his/her employment due to unreasonable conditions, or conditions materially different from those stated in the Client registration form or contract of employment, the circumstances surrounding the need for a replacement to be made are objectively justifiable and it is otherwise fair to require Bambino and Butler to provide a replacement at no extra cost to the Client. The free replacement will be based upon the original job description.
d. The Client has paid the fee in accordance with its fee structure for permanent placements. No free replacement will be offered by Bambino and Butler in the event of failure by the Client to adhere to the time limits provided by this condition.
e. If the Client cancels a confirmed booking less than fourteen working days prior to commencement of the Applicant, the full fee is payable, and one week’s salary is payable to the Applicant. If the Client wishes to cancel a booking due to extenuating circumstances, the Client can do so by informing Bambino and Butler in writing providing fourteen days’ notice, Bambino and Butler reserves the right to charge 50% of the fee for work incurred.
f. For the avoidance of doubt, there will not be a refund of fees if the Client does not wish Bambino and Butler to provide a suitable replacement or in any other circumstances.
g. No more than one free replacement may be claimed in respect of each Applicant and in the event of a second or further replacement being required; the Client shall become liable to pay an additional Introduction Fee.
h. Termination of a booking by either party due to mismanagement by the employer or the employer failing to comply with all of the employer’s statutory responsibilities does not qualify for a free replacement under the replacement guarantee.
12. The introduction of an Applicant to a Client by Bambino and Butler (directly or indirectly) is confidential and such introductions are made individually. If the Client or a member of the Client’s staff or any associate of the Client, passes on an introduction to any other person within thirty six months of the introduction to the Client by Bambino and Butler resulting in an engagement of the Applicant, the Client is liable for payment of a fee in accordance with Bambino and Butler’s fee structure for placements.
13. A full fee will be charged for any Applicant engaged as a consequence or resulting from an application to Bambino and Butler by a Client even if the introduction is made indirectly.
14. All accounts and charges are payable in full within seven days of delivery of invoice by Bambino and Butler. Annual interest (accruing from day to day) of 4% above the base lending rate from time to time of Lloyds TSB Bank plc will be charged on invoices not settled within the above timescales.
15. The Client undertakes to notify Bambino and Butler if the Applicant for a temporary position remains with the Client following the period originally agreed with Bambino and Butler by the Client and in such an event an additional full fee for a permanent introduction shall be payable by the Client. In the event that a temporary position becomes permanent (regardless of the length of temporary placement) and that the temporary fees are deducted from the permanent invoice, the Replacement Guarantee is not applicable. The Client engaging, reengaging, retaining or extending the services of the candidate in any capacity whether paid or unpaid will be charged for the period that the candidate is retained. Temporary placements will only be for a maximum of eight weeks, unless agreed prior to the commencement of the placement. A full permanent fee becomes payable, without a replacement guarantee, on all temporary placements.
16. If an Applicant introduced by Bambino and Butler is rejected or rejects the booking by the Client, a full introduction fee will be payable if the Applicant is subsequently booked by the Client at any time
17. Bambino and Butler notifies the Client by the provision of these Terms and Conditions of Business to the Client that:
a. The performance of the services being provided by Bambino and Butler began upon the issue to the Client of these Terms and Conditions for the purposes of Section 13 of the Consumer Protection (Distance Selling) Regulations 2000 (No. 2334) (DSR); and
b. As a result of the steps referred to in paragraph 15 having been completed the right of cancellation in paragraph 10 of the DSR shall not apply.
If not signed it is deemed, you accept these terms by either engaging or interviewing candidate/s introduced by one of our consultants. If you wish to cancel this agreement please do so in writing (email or letter) within seven days of signing or interviewing the first candidate.
Client Fee Scale There is no registration fee any client. All fees are payable in full prior to commencement of Candidate
Temporary Fees – All Household Staff (Excluding maternity) Temporary fees £120 per calendar week booked per candidate + VAT within UK (minimum temporary placement fee of £120 +VAT) £150 per calendar week booked per candidate + VAT within E.E.C (minimum temporary placement fee of £150 +VAT) £150 per calendar week booked per candidate outside E.E.C (minimum temporary placement fee of £150)
Maternity Fees £150 per calendar week + VAT
UK Permanent Fees – All Household Staff (Excluding maternity) Nannies & Housekeepers 15 % of Gross salary +VAT (Minimum fee of £1,500 + VAT whichever is higher applicable)
Household Couples 15% of the annual Gross salary +VAT (Minimum fee of £1,500 + VAT whichever is higher applicable)
All other private staff & Corporate Fees 18% of the annual gross salary +VAT (Minimum fee of £1,500 + VAT whichever is higher applicable)
Overseas Permanent Fees – All Household Staff (Excluding maternity) All Private staff & Corporate Fees 20% of the annual net salary + VAT within the E.E.C Excluding UK 20% of the annual net salary outside the E.E.C. (No VAT). All fees are payable in sterling only and payment is due within seven days of invoice or prior to commencement of candidate, whichever is sooner. In the case of an overseas position payment is due prior to the departure of the Applicant from their country of residence. The above scale of fees applies irrespective of whether the candidate is self-employed or employed.