Pendragon Information Systems

EMPLOYMENT AGENCY TERMS AND CONDITIONS

1. In these Terms and Conditions:
   1. “Pendragon” shall mean Pendragon Information Systems Limited;
   2. the “Client” means the person(s), firm or company to whom Pendragon introduces an Applicant
   3. an “Applicant” means any person introduced to the Client by Pendragon (and whether or not the Applicant is previously known to the Client) and for these purposes an Applicant is deemed to have been introduced to the Client upon the provision by Pendragon of any details relating to such Applicant (whether in writing or orally)
2. These Terms and Conditions shall operate to the exclusion of any other terms and conditions (including any sought to be introduced by the Client) and are deemed to be accepted by the Client interviewing and /or engaging the services of any Applicant.
3. The Client shall provide Pendragon with sufficient information to select suitable Applicants for the Client’s consideration, including the nature of the Client’s business, the date on which the Client wishes the Applicant to commence work, the position which the Client wishes to fill including in detail the type of work that the Applicant would be required to do, the location at which the work would be carried out and the hours during which the Applicant would be required to work, any risks to health and safety (and what steps the Client has taken to control such risks, the experience, training, qualifications and any authorizations that the Client considers necessary, or which are required by law or by any professional body in order to work in the position, any expenses payable to the Applicant the minimum rate of remuneration and other benefits offered and the intervals of payment and length of notice that the Applicant in such a position would be required to give and be entitled to receive to terminate the employment with the Client.
4. The Client shall notify Pendragon immediately of any offer made to an Applicant and if an engagement offered to any Applicant is accepted; the Client shall pay Pendragon’s fees in relation to such introduction within 14 days of the date of Pendragon’s invoice. Pendragon does not recognise trial periods; and engagement of an Applicant (even if expressed to be for a trial period) will give rise to the Client’s obligation to pay Pendragon’s fees in relation to the introduction of that Applicant.
5. Pendragon’s invoice in relation to any introduction shall be issued upon the date of commencement of the Applicant‘s engagement by the Client. For these purposes an “engagement” means the engagement of an Applicant in any capacity and whether under a contract for services or of service which (in any case) is made within 12 months of the Applicant being introduced to the Client.
6. Pendragon’s fees for the introduction of an Applicant will be such sum as is equal to 20% of the Applicant’s anticipated gross salary (or other remuneration) for his or her first year’s engagement with the Client (and a full year’s engagement shall be assumed for these purposes).
7. If any engagement ends before the end of the tenth week from the Applicant first commencing his or her engagement Pendragon will give a rebate of its fees to the Client as follows:
   
   1. where the Applicant’s engagement ends within the first four weeks after the commencement date the rebate will be 50% of the fees paid to Pendragon by the Client in relation to such engagement;
      
   2. where the Applicant’s engagement ends at any time during the period beginning after the fourth week but before the end of the tenth week (in each case calculated from the commencement date of the engagement) the rebate will be all of the fees paid to Pendragon by the Client in relation to such engagement less 10% for each week (or part thereof) from the commencement date of the engagement to the date when the
      engagement ends; (subject, however, in each case to clause 7 below)
8. Pendragon shall only be obliged to pay any rebate in accordance with clause 6 above if:
   
   1. the Client has notified Pendragon in writing within 2 days of the termination of the relevant engagement; and;
   2. the Client has paid Pendragon’s fees in relation to that Applicant within 14 days of Pendragon’s invoice therefore.
9. If the Client subsequently re-engages the Applicant within 90 days after any termination of any previous engagement by the Client of the Applicant the Client shall be obliged to pay a full fee to Pendragon for the introduction of that Applicant in accordance with clause 5 above.
10. If the Client cancels the engagement of any Applicant (for whatever reason) after an engagement has been offered to and accepted by any Applicant but before that Applicant has begun the engagement the Client shall pay a charge of £500 to Pendragon by way of an administration fee.
11. All information given by Pendragon to any Client in relation to all Applicants is strictly private and confidential and must not be passed by the Client (either directly or indirectly) to any other person, firm or company. Should the Client pass any information relating to any Applicant to any other party which then results in the engagement of any Applicant by a third party (whether or not that party was the recipient of the relevant information) in any capacity then the Client shall be liable to pay Pendragon’s fees as set out in clause 5 above as if the Client had itself engaged the Applicant
12. Although Pendragon makes all reasonable endeavours to ensure the suitability of all Applicants introduced by it, the Client is solely responsible for satisfying itself as to the suitability, skills, experience, qualifications and/or integrity of any Applicant to whom an offer of an engagement is made.
13. The Client shall be solely responsible for the taking up of references, obtaining work or other permits, for the arrangements for medical examinations and/or investigations into the medical or other history of any Applicant and to ensure that any medical or other requirements or qualifications required by the Client (or by law) are satisfied.
14. Pendragon acts as an introduction agency only and does not have any relationship of employment with any Applicant
15. The Client is solely responsible as the employer for any Applicant engaged by it and, without prejudice to any other obligations owed by it as an employer, shall make all such deductions and payments of income tax and national insurance contributions as are required by law from time to time.
16. Pendragon accepts no responsibility for any loss or damage resulting from any introduction made by it or from any services provided by it in relation to any Applicant or for any acts or omissions of or the conduct of any Applicant introduced by it. Notwithstanding the foregoing, the liability of Pendragon in relation to any claim of any nature arising out of these Terms and Conditions or the introduction of an Applicant to the Client shall be limited to the sum paid or due to be paid to Pendragon by the Client under clause 5 above.
17. All fees to be paid by the Client to Pendragon are exclusive of VAT which shall (where applicable) be paid in addition to such fees.
18. Pendragon reserves the right to charge interest at the rate of 8% p.a. above the base rate for the time being of Lloyds Bank plc in relation to any invoice which is not paid when due from the date such payment became due until the same is paid in full (such interest to accrue both before and after any judgement and to be compounded and added to principal every quarter).
19. The invalidity or unenforceability of any of the provisions of these Terms and Conditions shall not affect the validity or enforceability of the remainder of such provisions.
20. These Terms and Conditions shall be governed by and construed in accordance with English law.