FRESH START RECRUITMENT
T/a International Staffing Solutions (ISS)

TERMS AND CONDITIONS FOR THE SUPPLY OF TEMPORARY STAFF

1. Definitions
   
   In these Terms and Conditions the following definitions apply:
   
   'Booking' means the verbal agreement by telephone, or otherwise, arranging the Temporary Assignment at an agreed rate noted by 'ISS'
   'ISS' means International Staffing Solutions;
   'the Client' means the person, firm or company requiring the services of the Employee;
   'the Employee' means the person introduced to the Client by ISS to carry out the Temporary Assignment;
   'the Temporary Assignment' means the period during which the Employee is engaged to render services to the Client
   
   
2. Terms and Conditions
   
   (a) The Client is deemed to have accepted these Terms and Conditions by making use of the services of the Employee;
   (b) These terms and conditions supersede all other terms and conditions that may have previously been agreed between the parties prior to this Agreement.
   Revisions, alterations and amendments to this Agreement must be made in writing by ISS and in the event of any conflict between the terms of this Agreement and the Booking or any other terms and conditions, these Conditions shall prevail
   
   
3. Time Sheets Records
   
   (a) At the end of each week of the Temporary Assignment the employee will present a completed time sheet to the client for signature The client's signature on the time sheet shall be conclusive evidence that:
   
   • the Employee has worked the number of hours shown on the time sheet; and
   • the client is satisfied with the services provided by the Employee; and
   • the Client is liable to pay ISS's charges in accordance with clause 4 of these Terms and Conditions.
   
   (b) The Employee shall provide one copy of the signed time sheet to the Client.
   (c) Failure by the Client to sign any time sheet shall not preclude ISS from charging the Client in accordance with these Terms and Conditions for the hours worked by the Employee
   (d) The minimum hire period is 4 hours
   
   
4. Charges
   
   (a) The Client shall pay the charges of ISS current at the commencement of the Temporary Assignment
   (b) ISS may vary the charges from time to time during the Temporary Assignment. Any such variation shall take immediate effect.
   (c) The charges will be calculated by multiplying the hourly charge by the number of hours worked by the Employee and adding any other relevant charges.
   (d) ISS shall invoice the Client on a weekly basis for the charges calculated in accordance with paragraph (b) of this Clause plus VAT. The amount invoiced shall be payable within seventeen days of the date of the invoice.
   (e) Failure by the client to comply with Clause 4 (d) will entitle ISS to withdraw their services and the services of any Employee and to levy a 10% surcharge on all outstanding amounts
   (f) Unless otherwise agreed in writing the Client will not be responsible for paying the Employee's remuneration nor for the deduction and payment of the appropriate National Insurance contributions and Income Tax.
   (g) It is hereby acknowledged that the major proportion of the charges made by ISS represent wage payments made by ISS as agent and representative for and on behalf of the Client. In the event that the Client goes into liquidation, receivership or bankruptcy, the liquidator, receiver or trustee shall treat as wages due from the Client to its employee(s) the amount specified on ISS' invoices as being the proportion which represents wage payments.
   (h) While ISS incorporates in our rates the mandatory 8% holiday pay this does not cover bank holidays. Bank holiday entitlements are billed for separately in accordance with Employment Legislation.
   
   
5. Liability
   
   (a) Where possible, ISS will check references of employees and will (where appropriate) examine driving licences and permits. ISS gives no warranties and makes no representations to the Client as to the suitability, skill, experience, knowledge or honesty of the Employee, nor shall ISS be liable for any breach or alleged breach of such warranty or mis representation. The client shall make its own judgement as to the skill and suitability of the Employee and in particular shall be responsible for all statutory duties relating to the inspection of driving licences and permits, drivers hours and records, the issue and collection of tachograph cards, maintenance and safety of vehicles, Road Traffic and liability insurance and Health and Safety Regulations.
   (b) Whilst ISS will use reasonable efforts to fulfil the Client's requirements in respect of temporary staff, ISS shall not be liable for any loss, expense, damage or delay arising from any failure to provide suitable temporary staff at the time or for all or part of the period requested by the Client.
   (c) ISS accepts no liability for any loss, expense, damage or delay arising from the negligence, dishonesty, misconduct or lack of skill of the Employee or if the Employee terminates the Temporary Assignment for any reason.
   (d) The Client will be responsible for the supervision of the Employee to its satisfaction. If the Client is dissatisfied for whatever reason with an Employee, the Client will forthwith notify ISS orally followed in writing within 24 hours of the occurrence of the event leading to the Client's dissatisfaction. Any dissatisfaction on the Client's part shall not entitle the Client to withhold payment for the services of the Employee prior to the event giving rise to the dissatisfaction.
   
   
6. Responsibility of the Client
   
   (a) The Client shall be responsible for all acts, errors and omissions of the employee whether wilful, negligent or otherwise.
   (b) Employees provided by ISS to the Client shall be deemed to be under the supervision, direction and control of the Client for the duration of the Temporary Assignment.
   (c) The Client shall comply with all statutes, bye-laws and legal requirements in respect of the Employee, including (but without limitation) requirements regarding health and safety at work. The Client shall provide appropriate Employers' and Public Liability Insurance cover for the Employee during the Temporary Assignment.
   (d) The Client shall indemnify and shall keep ISS indemnified against:
   
   • any claim of whatsoever kind which the Employee or members of his family or other dependants may make against ISS by reason of or arising out of any failure by the Client to fulfil its obligations hereunder; and
   • any claim which a third party may make against ISS arising from or by reason of any conduct, act or omission of the Employee during the Temporary assignment; and
   • all costs and expenses (including legal costs) incurred by ISS in respect of or arising out of any claim under this clause.
   (e) The Client will not allow the use of any motor vehicle or permit the use of any mechanised equipment without providing full insurance cover and accepting total responsibility. The provision of any transport shall be at the Client's own risk and cost.
   (f) The Client will provide security facilities and be totally responsible for all tools, equipment and materials necessary to carry out the proposed services whether their own, ISS's or the Employee's. ISS will in no way be responsible for any loss or damage to any tools, equipment, materials or work.
   (g) The Client will not provide encashment facilities or make loans or money to an employee other than at the client's own risk unless requested to do so by ISS in writing and in particular shall not make any loan or payments against the Employee's future payments from ISS. No allowance for any such unauthorised payment or loan will be made in the invoice to the Client.
   
   
7. Recruitment of Employee
   
   (a) If the Client engages any Employee who has carried out a Temporary Assignment during the preceding six months or if the Client introduces the employee to a subsidiary or associated company or to any third party resulting in any such engagement, the Client shall pay to ISS the following fees:
   
   • Engineers and Technical - as if the person had been introduced under ISS's Terms and Conditions for the introduction of permanent staff.
   • Trades and Labour - the hourly rate payable pursuant to clause 4 of these Terms and conditions at nine and a half hours per day for 21 days.
   (b) The Client will not encourage or induce the Employee to register with an alternative employment agency. In the event of breach of this sub-clause ISS may at its option immediately terminate all Temporary Assignments with the Client without notice whereupon a fee equivalent to four weeks' charges for the Temporary Assignment relating to that particular Employee will be due and payable on the assumption that each week would constitute 40 working hours.
   
   
8. Accidents
   
   In the event of the Employee sustaining a serious accident (including a fatal accident) during the course of the Temporary Assignment preventing hirn from carrying out the Temporary Assignment for a period of three days or more the Client shall forthwith notify ISS of such accident and provide such information to ISS in relation thereto as ISS may reasonably require.
   
   
9. Termination
   
   Each of the Client, the Employee or ISS may terminate the Temporary Assignment at any time without prior notice.