Talent Terms & Conditions
Talent Terms & Conditions
Soho Editor Limited
Terms of Business for the Supply of Staff
Permanent Recruitment Terms
These terms and conditions take effect from 1st January 2017.
1.0 No variation of these terms is valid or shall be binding on Soho Editor Limited (hereinafter referred to as Soho) unless confirmed in writing with the authority of a Director.
1.1 All accounts and charges are payable within 30 days from receipt of invoice and payment should be made to Outsource Financials Ltd, First Floor, 1 Oak House, Southend Office Village, Journeymans Way, Southend-on-Sea, Essex SS2 5TF. Receipt of invoice shall be deemed to be two days after the date shown on the invoice.
1.2 VAT is payable at the prevailing rate.
1.3 Soho reserves the right to charge interest at the annual rate of 5% above the base rate from time to time of the Company's bankers (both before and after judgement) and that such interest may be claimed by the Company from the date of invoices until the date of payment.
1.4 If any employee of Soho or any of its subsidiary companies is engaged by the Client on a temporary, permanent or self-employed basis, these terms of business will apply and the Client will be liable to Soho for an introduction fee equivalent to the normal permanent fee in the event of permanent employment.
1.5 Soho can accept no liability whatsoever for any loss, damage, costs or expenses howsoever caused which the Client may suffer or for which the Client may become liable arising out of or in connection with or as a result of the introduction to the client or the engagement by the Client of a candidate.
1.6 By asking Soho to introduce a candidate for permanent employment or by agreeing to engage or make use of such a candidate in any position of employment or work the Client is deemed to have accepted these terms of business. For the purposes of this clause the word introduce shall be deemed to include without limitation the provision by Soho Editor of any details whether written or oral of a candidate for permanent employment.
1.7 By agreeing to engage or make use of a candidate introduced by Soho the Client will be liable for the appropriate introduction fee.
1.8 The Client shall notify Soho immediately a candidate introduced by Soho is engaged.
1.9 If the Client, without notifying Soho, engages a candidate in any capacity within one year of the candidate being introduced by Soho, or if the client or a member of the Client's staff refers a person introduced by Soho to some other person or body and that other person or body engages the candidate in any capacity whether temporary, permanent or self employed, the Client will be liable for an introduction fee for permanent staff at the prevailing rate x 2 based on the total first year's remuneration quoted by the Client on the registration of the vacancy, without entitlement to rebate. Interest at the annual rate of 5% above the base rate from time to time of the Company's bankers (both before and after judgement) and that such interest may be claimed by the Company from the date of invoices until the date of payment.
1.10 In the event that the client is placed in administration, receivership or is declared insolvent all fees owing to Soho will be classed as monies owed to employees for the purposes of the insolvency act 1986.
1.11 The Client is responsible for the taking up of references as to the candidate's qualifications, capabilities, integrity, medical history and suitability to meet the job specification. It is also the Client's responsibility to obtain a work permit for the candidate wherever necessary.
Scale Of Fees for Permanent Placements
As an introduction to our service the fee for permanent recruitment will be 15%.
If the Consultants fees are paid in full in accordance with clauses Part 1 and Part 2 above and the Client notifies the Consultant in writing within fourteen days of termination of permanent engagement. The following scale of refunds are then available:
Scale Of Refunds
For engagements terminating during or at the end of Refund
Weeks 1 to 4 100% less £495 administration fee.
Weeks 5 to 8 70%
Weeks 9 to 12 30%
Temporary Staff Terms
2.1 As 1.1 in Permanent Staff Terms
2.2 As 1.2 in Permanent Staff Terms
2.3 As 1.3 in Permanent Staff Terms
2.4 As 1.4 in Permanent Staff Terms
2.5 As 1.5 in Permanent Staff terms
2.6 As 1.6 in Permanent Staff terms
2.7 As 1.7 in Permanent Staff terms
2.8 Soho responsibilities to the Client are to verify references and qualifications and to select a temporary suitable for introduction to the Client in accordance with the Client's requirements as to skills and experience as notified to Soho at the time of the booking or subsequently in response to such questions as Soho may ask to establish who would be a suitable temporary to do the work required. It is the Client's responsibility to supply Soho with sufficient information and to respond honestly and accurately to Soho's questions to enable Soho to select a temporary with suitable abilities, qualifications and skills.
2.9 By asking Soho to introduce the Temporary the Client is deemed to have accepted these terms of business. For the purposes of this clause the word introduce shall be deemed to include without limitation the provision by Soho of any details whether written or oral of a candidate for temporary employment.
2.10 The charge made for the Temporary's services will be in accordance with the scale of charges advised to the Client at the time of booking, The charge will consist of the Temporary's pay, commission, any expenses to be reimbursed, and where appropriate employer's National Insurance contributions and VAT.
2.11 Soho endeavours to ensure that the Temporary will be satisfactory for the Client's requirements. If at any time the Temporary proves to be unsatisfactory the Client should notify Soho immediately. If the client of dissatisfied with the Temporary’s services on the first day of an engagement the client must notify Soho and no later than the end of business on the first day of the engagement. Failure of a client to notify Soho of any dissatisfaction with the Temporary will be deemed to be acceptance in full of the Temporary’s services.
2.12 The Client is responsible for ensuring that the Temporary's ability, qualifications and skills are adequate to operate any equipment, machinery and/or vehicles that the Temporary may be called upon to operate and the Client will be solely responsible for any liability whatsoever which may arise therefrom.
2.13 The Client is responsible for providing adequate insurance whilst the Temporary is under the Client's direction and control, to the extent that the Temporary and Soho have full benefit of coverage for any liability, which might arise. The Temporary is under the direction and control of the Client for the duration of his/her assignment.
2.14 The Client is responsible for complying with the provisions of the Offices, Shops and Railway Premises Act 1963, the Health and Safety at Work Act 1974 and any other health and/or industrial safety statute and any regulations made under these Acts and the Client will be solely responsible for any liability arising thereunder and will indemnity Soho and/or the Temporary against any liability loss or damage whatsoever arising thereunder in connection with the assignment of the Temporary.
2.15 Whilst the Temporary is under the Client's direction and control, the Client is responsible for ensuring that the Temporary receives entitlements to rest breaks and rest periods in accordance with the Working Time Regulations 1998 ("the Regulations') and for ensuring that the Temporary's working time does not exceed the limits imposed by the Regulations unless Soho has informed the Client that the Temporary has agreed to exclude the operation of the Regulations in respect of the 48 hour working week. The Client will inform Soho of any work the Temporary is to perform which involves special hazards or heavy physical or mental strain and of any collective or workforce agreement in existence under Regulation 6(8)(a) which identifies such work.
2.16 If within 12 months of introduction of the Temporary or the completion by the Temporary of his or her assignment (whichever is later), the Client agrees to employ or make use of the Temporary in any capacity whether temporary, permanent or self-employed otherwise than directly through Soho or the Client refers the Temporary to an associated or subsidiary company of the Client or to any third party who so employs or makes use of the Temporary, the Client will be liable for a fee of 400x the Temporary's hourly rate without entitlement to rebate. Interest will be charged at the annual rate of 5% above the base rate from time to time of the Company's bankers (both before and after judgement) and that such interest may be claimed by the Company from the date of invoices until the date of payment.
2.17 The Client shall notify Soho immediately on engaging or making use of the Temporary introduced by Soho.
2.18 In the event that the client is placed in administration, receivership or is declared insolvent all fees owing to Soho will be classed as monies owed to employees for the purposes of the insolvency act 1986.
2.19 The Client will sign the timesheet and such signature by the Client on behalf of Soho on the timesheet, charge sheet or other formal confirmation of the completed assignment shall be deemed conclusive evidence (a) that the Client is satisfied with the work done by the Temporary or Temporaries concerned and (b) that the Client will pay the charges in full without dispute or deduction. However, failure by the Client to sign any timesheet or charge sheet shall not preclude charging by Soho in full for all time actually worked by the Temporary in accordance with these conditions. Further, unless and until Soho is notified of a dispute as provided by clause 2.11 or within 7 days of the end of the engagement the Client shall be deemed to be fully satisfied.
2.20 Cancellation, In the event that a confirmed booking is cancelled by the client within 5 days of the start date or during a confirmed period, the company may apply a cancellation fee of 100% for the confirmed period. If a cancellation of a confirmed booking takes place 6 or more days before the confirmed start date, the company may apply a 50% cancellations fee.
2.21 Please note all our contractors and consultants have opted out of the The Conduct of Employment Agencies and Employment Business Regulations 2003.
2.22 This Agreement will be governed by the laws of England and Wales and the Courts of England and Wales will have non-exclusive jurisdiction to adjudicate any disputes arising under it.