TERMS & CONDITIONS OF BUSINESS FOR THE SUPPLY OF CONTRACT AND PERMANENT STAFF

These terms & conditions cover the supply of Contract or Permanent Staff by Montpelier Contracting & Consulting (“ Montpelier”) and are deemed to be accepted by the Client by virtue of the Client interviewing or engaging the candidate, or making use of our Contract Staff Services. No variation to these terms & conditions will be valid or enforceable unless expressly agreed in writing


CONSULTANCY PROJECTS/SERVICES

The terms & conditions for all Consultancy Projects and Contracts for Specified Services are agreed individually with each Client based on their particular requirements. As such, the terms & conditions for Contract and Permanent Staff set out below are not applicable, and our Standard Terms & Conditions for the Provision of Services (January 2006) apply. Please click here.

CONTRACT STAFF

1. Montpelier will endeavour to supply Contract Staff to carry out assignments for the Client. The Client will specify its exact requirements by providing Montpelier with full details of the work for which the Contract staff are required and, in particular, any special skills or qualifications required.

2. At the end of each week the Client will sign the Montpelier Timesheet verifying the number of hours worked by Contract Staff during that week.

3. The Client agrees to pay the Montpelier charges as agreed with the Client at the start of the assignment (or subsequently varied by agreement). Charges are calculated based on the number of hours worked by Contract Staff (to the nearest quarter hour), and are mainly made up of the Contract Staff’s remuneration (including any holiday pay) but also includes Montpelier commission and employers national insurance contributions. Fees are subject to VAT. Charges are invoiced to the Client on a weekly basis and are payable within 7 days.

4 (a) All Contract Staff are engaged by Montpelier under Contracts for Services and are deemed to be under the supervision, direction and control of the Client for the duration of the Assignment. As such the Client agrees to be responsible for all and any wilful or negligent acts or omissions of Contract Staff as though Contract Staff were an employee of the Client. The Client will comply in all respects with all statutes, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its own employees including the provision of adequate Employers and Public Liability Insurance cover for Contract Staff during all assignments but excluding those matters covered by 4 (b) below.

4 (b) Montpelier will assume responsibility for payment of remuneration to the Contract Staff and for deduction and payment of all statutory contributions in respect of National Insurance Contributions and Schedule E Income Tax (PAYE) as required by law.

5. Whilst every effort is made by Montpelier to meet the requirements of the Client, no liability will be accepted by Montpelier for any loss, expense, damage or delay arising from any failure to provide any Contract Staff or from the negligence, dishonesty, misconduct or lack of skills of any Contract Staff provided.

6. Any Contract Staff or former Contract Staff who within 6 months of being introduced to the Client by Montpelier are engaged by the Client or introduced to other employers by the Client resulting in an engagement, will render the Client liable to the payment of the Introduction Fee calculated in accordance with clause 7 above (Permanent Staff).

PERMANENT STAFF

7. The Client shall pay to Montpelier an introduction fee on engaging any candidate introduced by Montpelier to the Client. This introduction fee shall be a fixed amount calculated as 20% of the starting annual salary of the candidate including any taxable emoluments. All Fees are subject to VAT. All Fees due shall be paid within 14 days.

8. In the event that the Client refers/introduces a candidate introduced to it by Montpelier to another person, company or organisation resulting in the engagement of the candidate, the Client will pay to Montpelier the Introduction Fee in accordance with Clause 7, unless that engagement occurs more than 6 months after the candidate’s introduction by Montpelier to the Client.

9. Montpelier will always endeavour to ensure the suitability of any candidate introduced to the Client. However, notwithstanding this, the Client will take such steps as it deems necessary to satisfy itself as to the suitability of the candidate, including taking appropriate references. The Client is responsible for obtaining any necessary work or other permits and for arranging any medical examination and/or investigation into the medical history of the candidate or any other requirements or qualifications required by law.

10. Montpelier or any of its associate or subsidiary companies will not under any circumstances be liable for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or engagement of any candidate or from any failure by Montpelier to introduce a candidate.

11. If any engagement terminates within 12 weeks, and providing the Client notifies Montpelier in writing within 7 days of the termination and the candidate is not re-engaged by Client or any subsidiary or associated company within 6 months of the termination, then the Client will be entitled to a Refund calculated as a % of the Introduction Fee paid and in line with the following scale:

Period Employed Refund
Up to two weeks 100%
Not exceeding four weeks 70%
Not exceeding six weeks 40%
Not exceeding nine weeks 20%
Not exceeding twelve weeks 10%









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Montpelier Contracting & Consulting is a trading division of Montpelier (Search & Selection) Limited, Chadwick House, Birchwood Park, Birchwood, Cheshire WA3 6AE
Tel: 01925 294110 Fax: 01925 284119
email:general@montpelier-consulting.co.uk
© Montpelier Contracting & Consulting January 2006
All rights reserved
© montpelier contracting & consulting 2006