TERMS & CONDITIONS OF BUSINESS
In these terms and conditions, the following definitions shall apply:
“The Client” means the person, firm or Company requiring the services of the operative.
“The Operative” mans the person introduced to the client by Spinnaker Contract Services Ltd to carry out the assignment.
“The Assignment” means the terms during which the operative is engaged to render services to the client.
“The Candidate” means the individual introduced by Spinnaker Contract Services Ltd to the client for a permanent placement.
“The Engagement” means the engagement of the individual by the client or any associated company or subsidiary of the client in any capacity and whether under a contract of or for service.
2. Terms and Conditions
(a) The client is deemed to have accepted these Terms and Conditions by virtue of utilisation of the services of the Operative/Candidate.
(b) No variation of these Terms and Conditions will be accepted unless agreed in writing by a Director or Senior Manager of Spinnaker Contract Services Ltd.
3. These Terms and Conditions shall be interpreted in accordance with English Law and all concerned agree to Submit to the jurisdiction of the English Courts.
INTRODUCTION OF CONTRACT PERSONNEL
(a) At the end of each week of the Assignment, the Operative will offer a time sheet for completion by the Client’s duly authorised representative. Signature of said time sheet shall be conclusive
(i) the Operative has worked the number of hours stated.
(ii) the services provided by the Operative to the Client were satisfactory.
(iii) the Client is liable to pay Spinnaker Contract Services Ltd charges in accordance with clause 5.
(b) One signed copy of the time sheet to be retained by the Client at the place of work.
(c) Failure by the Client to complete a time sheet shall not preclude Spinnaker Contract Services Ltd from invoicing the Client for the hours worked by the Operative.
5. Hourly Rates/Fees
(a) The Client shall pay the agreed hourly rates/fees of Spinnaker Contract Services Ltd.
(b) The Client shall be invoiced on a weekly basis by Spinnaker Contract Services Ltd for the appropriate amount plus VAT. Invoices shall be settled in accordance with specific
terms agreed prior to commencement of the Assignment.
(c) All assignments are divisible. The work performed in each week during the currency of an assignment shall be invoiced separately. Each invoice for work performed in any week
shall be payable by the Client in full in accordance with the Terms of Payment agreed at the commencement of the assignment without reference to and not-withstanding any
defect or default in the work performed or to be performed in any other week.
(d) Failure by the Client to adhere to clauses 5 (b) will result in Spinnaker Contract Services Ltd withdrawing their services and to charge interest on the hourly rates/fees overdue by
more than seven days at the rate of 3% per annum above the prevailing base rate at the time accruing from day to day from the date payment is due until payment in full is
(a) Spinnaker Contract Services Ltd will use every reasonable effort to ensure the suitability of Operatives supplied but shall not be liable for any loss, expense, damage or delay
(b) The Client shall advise Spinnaker Contract Services Ltd within four hours of commencement of the Assignment in the event of the Operative proving unsatisfactory. In such
instance, due consideration will be given to waiving fees.
7. Responsibility of the client
(a) Operatives supplied by Spinnaker Contract Services Ltd shall be deemed to be under the supervision, direction and control of the Client for the duration of the Assignment.
(b) The Client shall comply with all statutes, bye-laws and legal requirements in respect of the Operative including (but without limitation) Health and Safety at work. The Client
shall provide appropriate Employer’s and Public Liability insurance cover for the Operative during the Assignment.
(c) The Client shall indemnify and shall keep indemnified against:
(i) any claim of whatsoever kind which the Operative or members of his family or other dependants may make against Spinnaker Contract Services Ltd by reason of or
arising out of any failure by the Client to fulfil its obligations hereunder;
(ii) any claim which a third party may make against Spinnaker Contract Services Ltd arising from or by reason of any conduct, act or omission of the Operative during
(iii) All costs and expenses (including legal costs) incurred by Spinnaker Contract Services Ltd in respect of or arising out of any claim under this clause.
8. Recruitment of Contract Personnel
Should the Client employ any Operative who has undertaken an Assignment during the previous six months or if the Client introduces the Operative to an associate or subsidiary company, the
Client shall pay Spinnaker Contract Services Ltd fees applicable under the Terms and Conditions for the introduction of permanent staff.
9. Automotive Equipment
Without the prior consent of Spinnaker Contract Services Ltd the Client can instruct a Spinnaker Contract Services Ltd Operative to drive and or to operate Automotive Equipment in such an
instance it is the clients responsibility without exception to ensure the Operative is in possession of the appropriate Valid Licence or Certificate. It is the Clients responsibility to ensure that the
Operative is both capable and competent in operating such equipment. The Client must also ensure the Operative is fully insured.
The Client will provide adequate welfare facilities and be responsible for the secure storage of all tools and plant and any materials necessary to carry out the Assignment.
Encashment facilities or loans of money should not be provided to an Operative. If any such facilities or loans are made they are entirely at the Clients own risk and are not deductible from
monies owed to Spinnaker Contract Services Ltd.
The Assignment may be terminated by the Client or Spinnaker Contract Services Ltd at any time and without prior notice.
INTRODUCTION OF PERMANENT STAFF
(a) Unless previously agreed, fees will not accrue in respect of preliminary discussions or recommendations.
(b) The Client will pay Spinnaker Contract Services Ltd an agreed fee upon the engagement of the Candidate, calculated as a percentage of the first year’s anticipated gross salary, to
include wages, commission, bonuses, provision of a vehicle and any other taxable emolument.
For the purpose, the percentage of the Candidate’s salary will be:-
Annual Salary % Payable
up to £19,999 12.5%
£20,000 Plus 15%
(c) VAT (at the appropriate rate) will be added to all fees.
(d) Spinnaker Contract Services Ltd reserves the right to be paid a fee based on the salary actually paid during the Candidate’s first 12 months of employment if in excess of the
anticipated salary referred to in clause 13 (b).
Should a successful Applicant leave the employment of the Client within 14 days of his/her commencement of employment for any reason, the fee chargeable by Spinnaker
Contract Services Ltd will be refunded in full, if already paid, provided written notice of such termination of employment of the Applicant is given to Spinnaker Contract Services
Ltd by the Client within 7 days of the termination. If the Applicant leaves the employment of a Client between 14 days and 8 weeks after the commencement of his/her
employment, an introduction fee of 50% only of the full introduction fee is payable by the Client, save that this last clause is received by Spinnaker Contract Services Ltd within
14 days of the Applicants last day of employment with the Client.
(a) The fee will become payable in accordance with the terms agreed prior to the Engagement regardless of whether the Candidate commences now or within six months of the
introduction by Spinnaker Contract Services Ltd or when an invoice is received.
(b) Spinnaker Contract Services Ltd reserves the right to charge interest on fees which become overdue by more than seven days at the rate of 3% above the prevailing base rate at the
time accruing from day to day from the date payment is due until payment in full is received.
The introduction of the Candidate is confidential and to pass such introduction or any information concerning the Candidate to any other party renders the Client liable to the fee set out in 13
(b) where the passing of such introductions leads to an Engagement of the Candidate in any capacity and whether under control of or for service.
16. Candidate’s Suitability
Although every reasonable effort is made to ensure the suitability of each Candidate, the Client is responsible for taking up references, checking qualifications including driving licence, work
permits and arranging medical examinations etc. However, if instructed by the Client, Spinnaker Contract Services Ltd will undertake same. In normal circumstances Spinnaker Contract
Services Ltd does not take up references and, subject to the term of the Unfair Contract Terms Act 1977, cannot accept responsibility for any statement or representation about a Candidate
made by it’s servant or agents, whether or not in writing nor can it accept responsibility for any loss, expense, damage incurred directly by the Client in respect of any Candidate.