Terms and Conditions

For Permanent Staff and Contractor Workers

Terms and Conditions of Business - Permanent Staff

The following are our Terms and Conditions of Business specific to Permanent Staff.

The Terms and Conditions

These terms and conditions of business are between Resources on Demand (R.O.D.) Ltd and an employer client (“The Client”) and shall be deemed to have been accepted in their entirety if the Client interviews, or agrees to employ, or engages for employment (which term includes employment or use whether under a contract of service or for services or under an agency, license, franchise, or partnership agreement or other arrangement) any person or persons (hereinafter referred to as the “Applicant(s)”) provided procured or introduced by Resources on Demand (R.O.D.) Ltd. In these terms and conditions ‘Client’ shall include any subsidiary, associated or holding company of the Client and any subsidiary or associated company of the Client’s holding company (together the ‘Client Group’). These are the standard terms and conditions on which Resources on Demand (R.O.D.) Ltd supplies services and they override any representations, warranties, terms or conditions howsoever otherwise communicated by Resources on Demand (R.O.D.) Ltd to the Client or to any third party. No variation of any kind in these terms and conditions is valid unless specifically agreed in writing and signed by a Director of Resources on Demand (R.O.D.) Ltd.

Fees

A fee shall become payable by the Client to Resources on Demand (R.O.D.) Ltd in each of the following situations:

When an Applicant provided, procured or introduced by Resources on Demand (R.O.D.) Ltd is employed by the Client (‘The Appointee’)
If the Client agrees within six months of the Appointee’s engagement with the Client to employ and subsequently employs any other member or members of the
Appointee’s former workforce team (‘the Colleague’), or
If within a period of one year from the date of the initial introduction of the Applicant to the Client the Client or a member of the Client’s staff or the Client’s agent passes to an unconnected third party (a ‘Third Party’) details of any Applicant originally introduced by Resources on Demand (R.O.D.) Ltd and that Applicant is subsequently engaged for employment by that Third Party (also referred to as the ‘Appointee’).

Scale of Fees

Fees are calculated in the basis of a percentage of the initial remuneration package as specified below which the Appointee or Colleague (as appropriate) will be entitled to earn during the first twelve months of his/her engagement by the Client or Third Party.

The initial remuneration package for the Appointee or Colleague (as appropriate) includes:

The starting annual salary or the average of the annual salary over the first year of the employment or engagement by the Client or Third Party including the gross value in the Appointee’s or Colleague’s hands of all further emoluments (including any car allowance) provided by the Client or a Third Party during that period.
The first year’s benefits under any bonus, commission, profit sharing or similar monetary benefit scheme applicable to the employment.
A supplement of £2,200 if a car is made available.
A supplement equal to the value of any accommodation allowance paid to the Appointee during the first year of employment.

It is a condition of Resources on Demand (R.O.D.) Ltd introducing Applicants that the Client supplies Resources on Demand (R.O.D.) Ltd with full details of the salary and benefits made or to be made available to the Appointee(s) or Colleague(s) by the Client or Third Party at any time during the first year of their appointment in order that the remuneration package may be calculated. Where necessary an estimate of the value of any element of the remuneration package will be accepted provided that this be the Client’s best genuine estimate and Resources on Demand (R.O.D.) Ltd reserves the right to charge to the Client and be paid a further sum at the end of the first calendar year of the employment or engagement if the Client’s estimate is incorrect.

Charges

Permanent Recruitment (meaning recruitment of an individual or individuals for an unspecified period or for a fixed term of more than one year)

Renumeration means first year taxable income resulting from the employment, excluding any discretionary bonuses or commissions.

Permanent Fees are based upon a percentage of the employee’s renumeration as follows scale is not stepped, percentage applies to the whole:

Up to £24,999 15%
From £25,000 to £49,999 20%
From £50,000 to £99,999 25%
From £100,000 + 30%

In the event that an introduction intended for Permanent Recruitment results in employment for a fixed term of less than one year the fees payable to Resources on Demand (R.O.D.) Ltd will be those specified in Resources on Demand (R.O.D.) Ltd’s Terms and Conditions of Business for Contract Workers (copy available on request).

Retained Assignments (meaning assignments in which Resources on Demand (R.O.D.) Ltd are commissioned to search for an individual or individuals to the specification of the Client)

on appointment 7.5%
on presentation of shortlist 7.5%
on completion 10%

in each case of the remuneration package specified at the commencement of the search, to be adjusted at completion for any higher value package actually agreed.

Practice Acquisition and Disposal

The fee which is payable by the buyer or seller, as the case may be, is 2.5% of the agreed transfer value
VAT will be added to all fees at the rate currently prevailing.

Payment of Fees

The Client agrees to notify Resources on Demand (R.O.D.) Ltd in writing immediately an Applicant agrees to join the Client or Third Party. The Client also agrees to inform Resources on Demand (R.O.D.) Ltd in writing should it agree within six months of the Appointee’s engagement to employ a Colleague or Colleagues or should a Third Party to whom the Client passed the Applicant’s details agree to employ the Applicant and in any such case the offer of employment is accepted. Invoices will be rendered by Resources on Demand (R.O.D.) Ltd to the Client immediately following the Appointee’s or any Colleague’s commencement with the Client or Third Party and the Client agrees to settle the same within fourteen days of the invoice date. Resources on Demand (R.O.D.) Ltd reserves the right to charge interest on overdue payments at a rate of 2% over the lending rate for the time being of Resources on Demand (R.O.D.) Ltd’s bankers.

Confidentiality

The Client and Resources on Demand (R.O.D.) Ltd will both respect the confidentiality of all information exchanged between them.

Advertising

Resources on Demand (R.O.D.) Ltd will invoice the Client for any mutually agreed advertising costs prior to publication. Refunds for cancellations will only be made if notice is given by the Client in time for Resources on Demand (R.O.D.) Ltd to claim a full refund from the publication(s) otherwise invoices for advertising costs must be settled within fourteen days of submission of the relevant invoice.

Exclusions and Limitation of Liabilities

Although Resources on Demand (R.O.D.) Ltd makes all reasonable endeavours to select and introduce only suitable applicants for interview with the Client, the Client shall notwithstanding satisfy themselves as to the suitability of the any Applicant and shall be responsible for taking up any references provided by any Applicant and/or Resources on Demand (R.O.D.) Ltd before engaging the Applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and satisfy any medical and other requirements or qualifications as required by law. Resources on Demand (R.O.D.) Ltd can accept no liability for the capacity, integrity, qualifications and/or medical history in respect of such person(s) introduced. References will not be sought unless specifically requested by the Client.

Resources on Demand (R.O.D.) Ltd shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with Resources on Demand (R.O.D.) Ltd seeking an Applicant for the Client or the introduction by Resources on Demand (R.O.D.) Ltd to the Client of any Applicant or the engagement of any Applicant or Colleague by the Client or any Third Party.

Resources on Demand (R.O.D.) Ltd Refund Scheme

Resources on Demand (R.O.D.) Ltd agrees to refund a specified percentage of the fee paid by the Client should the Appointee or Colleague give notice to terminate his/her employment and leave within a specified period after commencement of employment with the Client or Third Party on the following scale:

Up to 4 weeks - 90% return of fee
4 to 8 weeks - 50% return of fee

Should the Client or any member of the Client Group subsequently re-engage the former Appointee within the period of twelve calendar months from the date of such termination a full fee in accordance with the foregoing Scale of Fees will become due and payable which will be in addition to any part of the original fee not refunded by Resources on Demand (R.O.D.) Ltd under the Refund Scheme.

The Resources on Demand (R.O.D.) Ltd Refund Scheme set out above will only apply if the Client has notified Resources on Demand (R.O.D.) Ltd in writing of the departure of the Appointee within seven days of such departure and has paid Resources on Demand (R.O.D.) Ltd invoices within fourteen days as set out above. Furthermore the Refund Scheme will not apply where the Appointee’s employment or engagement is terminated due to redundancy, death or bankruptcy of the Appointee.

Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and any disputes shall be handled under the exclusive jurisdiction of the English Courts.

Permanent Staff | Contract Workers

Terms and Conditions of Business - Contract Workers

The following are our Terms and Conditions of Business specific to Contract Workers.

The Terms and Conditions

The following terms and conditions of business are between Resources on Demand (R.O.D.) Ltd and the hirer of Contractors (hereafter referred to as ‘The Client’) and shall be deemed to have been accepted in their entirety if the Client interviews, agrees to hire, and or engages for permanent employment (which term includes employment or use whether under a contract of services or under an agency, licence, franchise, or partnership agreement or other arrangement) any person or persons (hereinafter referred to as the “Applicant(s)”) provided, procured and/or introduced by Resources on Demand (R.O.D.) Ltd.

In these terms and conditions ‘Client’ shall include any subsidiary, associated or holding company of the Client and any subsidiary or associated company of the Client’s holding company.

These are the standard terms and conditions on which Resources on Demand (R.O.D.) Ltd supplies services in respect of Contractors and they override any representations, warranties, terms or conditions howsoever otherwise communicated by Resources on Demand (R.O.D.) Ltd to the Client or any other third party. No variation of any kind in these terms and conditions is valid unless specifically agreed in writing and signed by a Director of Resources on Demand (R.O.D.) Ltd.

Definitions

‘Contractor’ shall refer to individuals employed by the Client under a contract with a fixed term not exceeding one year.

Charges

Charges pursuant to these terms and conditions shall be made by Resources on Demand (R.O.D.) Ltd to the client in each of the following situations:

When an Applicant provided, procured or introduced by Resources on Demand (R.O.D.) Ltd is employed by the Client as a Contractor,
When the contract of a Contractor supplied by Resources on Demand (R.O.D.) Ltd is extended or renewed,
When a Contractor previously supplied by Resources on Demand (R.O.D.) Ltd is re-hired or re-employed as a Contractor within one year of the termination of the contract, or,
If within a period of one year from the date of the initial introduction of the Applicant to the Client the Client or a member of the Client’s staff or the Client’s agent passes to an unconnected third party (a ‘Third Party’) details of the Applicant originally introduced by Resources on Demand (R.O.D.) Ltd and that Applicant is subsequently engaged for employment by that Third Party on a contract basis.

Basis of Charges

Contractors
Fees shall be charged to the Client on the basis of a percentage of the Gross Remuneration paid to the Contractor.

Gross Remuneration for the purposes of fee calculation shall be the greater of (i) the amount actually paid to the Contractor (including overtime) and (ii) the amount which would be payable to the Contractor assuming the agreed hourly/daily rate and a five day working week of seven and a half working hours per day.

Resources on Demand (R.O.D.) Ltd shall charge 15% of the Gross Remuneration for employed contracts of up to 1 year in duration. For appointments of longer than one year, Resources on Demand (R.O.D.) Ltd standard terms and conditions for Permanent Staff shall apply. (copy available on request)
The Client will provide to Resources on Demand (R.O.D.) Ltd week by week without delay weekly timesheets depicting the hours/days worked and signed by both the Contractor and the Client representative (The line manager or budget holder of the client) and on the basis of these timesheets Resources on Demand (R.O.D.) Ltd will invoice the client. If timesheets are not received timeously invoices will be rendered on basis (ii) above (assumed remuneration) and any upward adjustment will be made on receipt of timesheets.

The parties will act in the utmost good faith toward each other in determining the amount of fees payable hereunder.

VAT will be added to all charges at the rate currently prevailing.

Contract to Permanent Staff

Should a Contractor be offered and accept a permanent job with the Client or Third Party, during or within three months of the termination of a short term contract, the Terms and Conditions applying to the Permanent Staff and the charges set out therein will apply. Resources on Demand (R.O.D.) Ltd will supply these to the Client on request or when the circumstances arise.
VAT will be added to all charges at the rate currently prevailing.

Payment of Fees

The Client agrees to notify Resources on Demand (R.O.D.) Ltd in writing immediately an Applicant agrees to join the Client or Third Party. Resources on Demand (R.O.D.) Ltd will invoice the Client for the fee due immediately following the end of the month of contractual employment. The Client agrees to settle invoices within fourteen days of the invoice date. Resources on Demand (R.O.D.) Ltd reserves the right to charge interest on overdue payments at the rate of 2% over the lending rate for the time being of Resources on Demand (R.O.D.) Ltd’s bankers.

Confidentiality

The Client and Resources on Demand (R.O.D.) Ltd will both respect the confidentiality of all information exchanged between them.

Conduct of Assignments

The Client undertakes to supervise the Contractors hired by him sufficiently to ensure the Client’s satisfaction with reasonable standards of workmanship, but if the services of a Contractor prove to be unsatisfactory Resources on Demand (R.O.D.) Ltd may, at its discretion reduce or cancel the charge for time worked by that Contractor provided that the Contractor leaves the assignment prior to or immediately upon notification to Resources on Demand (R.O.D.) Ltd and that notification, which must be confirmed in writing, is received within one week of the Contractor commencing duties where the contract is for less than six months or within two weeks if the contract is for six months or more.

Responsibilities

Contractors provided by Resources on Demand (R.O.D.) Ltd are deemed to be under the direction and control of the Client from the time the Contractor reports to take up duties and for the duration of the contract and the Client agrees that Resources on Demand (R.O.D.) Ltd shall not be held responsible for any and all acts, errors or omissions of the Contractor be they wilful, negligent or otherwise and the Client will in all respects comply with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff including in particular the provision of adequate Employers’ and Public Liability Insurance cover for the Contractor during all assignments or contracts.

Exclusions and Limitation of Liabilities

Although Resources on Demand (R.O.D.) Ltd makes all reasonable endeavours to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Contractors and to match Clients’ requirements, no liability will be accepted by Resources on Demand (R.O.D.) Ltd for any loss, damage, expenses or delay arising from any failure to provide any particular Contractor for all or part of the assignment or from the negligence, dishonesty, misconduct or lack of skill of the Contractor provided.

Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and any disputes shall be handled under the exclusive jurisdiction of the English Courts.

Permanent Staff | Contract Workers