Confirmation of Agreement

To supply temporary/contract/permanent staff between Jamma IT Recruitment Limited (hereinafter referred to as “The Company”) and (hereinafter referred to as “The Hirer”)

NB: "The acceptance of C.V.’s, interviewing or engagement of a candidate introduced by the Company shall be deemed to be an acceptance of our terms and conditions. Our two month guarantee period is only applicable if our invoice is paid within 14 days from date of issue. Business is transacted subject to these terms and conditions unless expressly confirmed to the contrary by a Director of Jamma IT Recruitment Limited in writing."

Jamma IT Recruitment Limited offers the Hirer a choice of methods of supplying staff to be agreed in advance as follows:

A. Permanent Appointments

A.1 Conditions of business for the introduction of Permanent Staff by The Company.
A.2 For the purpose of these conditions the expression “Permanent Staff”shall mean applicants introduced to the Hirer by the company and engaged for employment by the Hirer or any other business, firm or company who shall be paid by the Hirer.
A.3 Fees are charged by the Company and payable by the Hirer for the introduction only of a candidate leading to their appointment. The word “introduction” means for the avoidance of doubt, the presentation of a candidate’s details by the Company to the Hirer whether or not the Hirer knew or knew about such a candidate previously. The word appointment means for the avoidance of doubt, the entering of a contractual arrangement by the Hirer and the candidate whether oral or written under a contract of employment/service or for services whether temporary or permanent.
A.4 Candidate details are sent on the understanding that they are treated in the strictest confidence, that you will not take up references or pass candidate details to a third party or make direct contact with the candidate without The Company’s permission.
A.5 The Hirer shall pay the said fee to the Company immediately upon the employee commencing employment with the Hirer at any introduction. The said fee shall be based on the total gross emolument payable to the Hirer to the employee in respect of his employment.
A.6 It is the Hirer’s responsibility to take up references, check qualifications, and take whatever other actions are necessary and prudent before offering employment. The company cannot and does not warrant the suitable of any candidate. The Company cannot accept liability for any loss, damage or delay however occasioned as a result of an introduction notwithstanding any representations made to the client.
A.7 Should a candidate introduced to the Hirer be passed on to a third party by the Hirer with a resulting engagement of said candidate, then the original Hirer will become liable for the fee.

A sum equal to 15% of the Annual Salary Up to £20,000
A sum equal to 20% of the Annual Salary from £20,000 to £27.999
A sum equal to 25% of the Annual Salary from £30,000 to £39,999
A sum equal to 30% of the Annual Salary from £40,000 to £59,999
A sum equal to 35% of the Annual Salary from £60,000 to £100.000

In the event of an employee leaving the Hirer after introduction by the Company, the Company shall allow a refund as follows:

Period of Employment: Refund Allowed:
Up to 4 weeks 100% refund.
Up to 8 weeks 50% refund
To Clarify - Employment Start Date is the date that the initial temporary assignment commenced (if applicable).

B. Contract Assignments

B.1 As direct employees of the Hirer, whereby the Hirer assumes all employer responsibilities for the employee on the assignment. An agreed fee equivalent to 25% of the employees gross annual salary pro rata for the duration of the contract shall be payable by the Hirer to the Company. Should the position become permanent the reminder of the fee shall be incurred (See Item A.7). A percentage pro rata of days completed will be charged where a full month is not completed.

C. Temporary Assignments

As Contract Personnel employees by the Company and assigned to the services of the Hirer at an agreed hourly rate, which includes wages, statutory employer costs, percentage holiday entitlements including bank holidays and a company fee. A minimum charge equivalent to 6 hours work will apply.
C.1 The Company does not warrant the ability of workers whose work is The Hirer’s sole responsibility. All statutory and common law
obligations are the responsibility of the hirer. The Hirer is responsible for compliance with all employers ’ statutory obligations including (but not so as to limit the generality of the foregoing). The minimum Notice and Terms of Employment Acts 1973 and 1984.
C.2 The Hirer shall notify the Company within 8 hours of a worker commencing employment in the event of such worker proving unsatisfactory.
C.3 Where a worker is supplied by the Company and enters other employment with the Hirer within twelve months of cessation of a temporary assignment, an introduction fee becomes payable forthwith. The fee will vary depending on the duration of the initial assignment through the Company and will be based on the workers gross annual salary based on a 39 hour week if hourly paid. The following scales will apply with no refunds payable:
Initial assignment less than 13 weeks - 12.5% of gross annual salary
Initial assignment 13 weeks or over - 10% of gross annual salary
C.4 INSURANCE
a. The Hirer shall effect and maintain throughout the period of this Agreement the following insurance coverage in respect of the provision of Services. Any limits shown are minimum requirements:
(i) Employer’s Liability insurance with a minimum limit per occurrence or accident of £10,000,000 in respect of staff engaged in provision of the Services. Such insurance to be in the joint names of the Hirer and the Company.
(ii) Public Liability for bodily injury or property damage with a limit of indemnity of £2,500,000 any one occurrence and unlimited in any period of insurance. Such insurance to be in the joint names of the Hirer and the Company and to include contractual liability.
(iii) Products Liability for bodily injury or property damage with a limit of indemnity of £2,500,000 any one occurrence and in the aggregate any one period of insurance. Such insurance to be in the joint names of the Hirer and the Company and to include contractual liability.
b. All such policies of insurance to be effected with an insurance company acceptable to The Company.
c. The Hirer shall furnish The Company with properly executed Certificates of Insurance upon request and shall notify The Company, no less than (30) days in advance of any material damage or cancellation of such insurance. d. All such policies or insurance referred to above including those of subcontractors retained under this Agreement shall contain a clause whereby the Insurers waive all rights of subrogation against The Company.
e. Should Hirer or Company personnel be required to travel, including foreign travel, in order to perform the Services. The Hirer shall in addition to the above and where applicable take out any necessary travel and medical insurances. The Company shall not be liable for and shall not cover any expenses arising out of any medical or medical requirements or accident, death or injury. All such incidents shall come under Hirers liability and responsibility.
C.5 The Company provides Public Liability Insurance to cover for all personnel supplied to the Hirer on a contractual basis for accidents arising out of the Company’s legal negligence. No liability is accepted by the Company for claims arising out of service provided by personnel supplied whilst under the control or direction of the Hirerincluding any actions, costs, claims, expenses, proceedings or otherwise in respect of any death, injury, damage or otherwise to the personnel supplied or any third party, their respective clothing and other personnel property, together with all consequential loss however, arising, suffered or incurred. We do not accept any responsibility for professional negligence or errors or omissions whilst personnel are under the hirer’s custody or control. (Unless agreed in writing prior to signing of the aforesaid contract C.6. Should a candidate introduced to the Hirer be passed on to a third party by the Hirer with a resulting engagement of said candidate then the original Hirer will become liable for the fee.

D. General Terms

D.1 INDEMNIFICATION
Hirer agrees to defend, indemnify and hold The Company harmless from and against any and all liabilities, claims, penalties, forfeitures,suits and the associated costs and expenses (costs) which may hereafter incur, become responsible for or pay out as a result of death or bodily injury or any person, destruction or damage to any property, communication of or adverse effects on the environment any clean up costs in connection there with, or any violation of government law, regulation or orders, caused in whole or part by:
(i) Hirers breach of any term or provision of this Agreement, or
(ii) Any negligent or wilful acts, errors or omissions by Hirer, its employees, officers, agents representatives, or subcontractors in the performance of this Agreement or
(iii) Hirer’s products of services.
(iv) Hirers breach of statutory obligations

D.2 Payment is due on receipt of invoice. Failure to provide the Company with a valid Purchase Order at the time of procurement does not constitute a valid reason for delay in payment. All invoices are subject to the prevailing rate of VAT. An additional charge of 2.0% will be imposed on the total value of invoices remaining unpaid at the end of each month.
D.3 The Company reserves the right, without notice or reason, to refuse to supply or continue to supply personnel or services (without prejudice to any separate contract or agreement), without liability for any loss or damages whatsoever, either directly or indirectly sustained by such action and without prejudice to any payments due or claim for costs or fees in respect of service already provided by the Company.
D.4 The Company or any of its employees shall not be liable for any third party claims in respect of the supply of the Hirer’s services or products or the consequences of using such services or products or sampling, distributing, demonstrating or promoting such services or products.
D.5 The Hirer accepts these conditions immediately a worker commences.
D.6 The items of this document supersede and replace all previous notification of terms.

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