Introduction
1. In these conditions the following expressions shall have the following meanings:

"the Agency" - Degrees of Choice Ltd.

"Applicant" - a person who has sought and/or obtained placement by the Agency for employment or engagement or work experience (whether paid or unpaid) by or with a Client

"the Client" - the employer who has sought to engage a temporary or permanent Applicant through the services of the Agency

"the Regulations" - the Working Time Regulations 1998

"Remuneration" - wages, salary, contractual bonuses and commission and the beneficial rate of any motor car provided under the Applicant's contract as established by the Automobile Association or similar body as agreed with the Applicant and the Client at the time of appointment.

2. By accepting details of, or viewing, or engaging, an Applicant introduced by the Agency in a position offered by a Client or in any other position, or for a short-term appointment, the client agrees to be bound to these Terms of Business.

Permanent Consultancy
3. Fees for placing permanent staff are 20% of the annual starting salary up to £50k, 25% fee over £50k to £75k, 30% over £75k, strictly payable within 14 days of the employment commencing. Refund clauses will not apply unless payment in full has been made strictly in accordance with this condition.

4. An applicant may be engaged on a "trial period" basis but only by written agreement between the Client and the Agency prior to the engagement. Staff engaged on a trial period basis will be considered permanent engagements. On expiration of four weeks (if employment continues) the full fee will be due in accordance with Clause 3 above. Refund clauses will not apply. Should the Applicant leave the Client's employment during or at the end of the trial period, a fee of 35% of the total Remuneration paid during the employment is due.

5. Clients who engage Applicants for a short-term appointment will be charged a fee the equivalent of 35% of the total Remuneration payable to the Applicant during the short-term appointment. Invoices will be issued monthly on a pro rata basis and are payable within 14 days of the date of invoice.

6. Fees for placing permanent Applicants with charities are 10% of the annual starting Remuneration provided settlement is made in accordance with Clause 3.

Refunds
7. Refunds are made on two express conditions:

a) that the account in full has been settled in accordance with Clause 3 and provided no other sums are outstanding from the Client to the Agency. Accounts not so settled become payable in full irrespective of the duration of stay of the Applicant and

b) that the Agency is notified in writing within seven days of the Applicant leaving the Client's employ.

8. Should the permanent engagement terminate within twelve weeks of commencement, a percentage of the placement fee will be refunded to the client. This percentage refund shall be based on a sliding scale from 100% at 4 weeks to 0% at 12 weeks.

Temporary to Permanent Appointments
9. a) Where the Client having engaged an Applicant on a temporary basis or a short term basis (see Clause 5 above), subsequently engages or re-engages that Applicant themselves, or through any subsidiary or associated company of the Client within six months of the end of the temporary assignment, whether directly or by requiring the Applicant to provide his/her services through another agent or other third party, and irrespective of whether the original engagement was continuous, the Client will notify the Agency of the engagement forthwith.

In the case of a permanent engagement or re-engagement, subject to sub-clause 9(b) below, the Client will pay to the Agency, the full fees specified in Clause 3.

In the case of a temporary engagement or re-engagement, the Client will pay to the Agency a fee equivalent to 20% of the annual Remuneration of the Applicant based on an annualised calculation of the current hourly rate (37.5 hours per week, 52 weeks per annum).
Refund and credit clauses will not apply.

b) Clients who advise the Agency in writing of permanent engagements which take place under the circumstances of Clause 9(a) within 7 days of such engagement and provide settlement of the sum in accordance with Clauses 3 and 9(a), will be entitled to a credit of 0.25% of the first year's Remuneration for each week of temporary work carried out through the Agency, up to a maximum discount of 5% of the first year's Remuneration.

Temporary Applicants
10. The Agency operates as a recruitment agency and will charge a commission for introducing and arranging for the provision of temporary Applicants. Commission payable will be 35% of the temporary Applicants weekly Remuneration (based on the hourly rate) and National Insurance. Invoices are submitted weekly and are payable within seven days of the date of the invoice.

11. As agent for the Client and subject to reimbursement by the Client, the Agency undertakes to pay salary and any holiday pay properly due to the temporary Applicant under the Regulations (less deductions for National Insurance and Schedule E PAYE). Other than for the purposes of the Regulations (for which the Client agrees to act as the temporary Applicant's employer) the temporary Applicant is not employed by either the Client or the Agency and other than entitlements under the Regulations is not entitled to any benefits normally associated with a permanent employee such as redundancy pay, maternity leave, pension etc.

12. The Agency tries to ensure that the work of temporary Applicants will be satisfactory, but responsibility for supervision rests with the Client as the temporary Applicants introduced by the Agency are engaged under a contract for services by the Client and are deemed to be under the direction and control of the Client. If for any reason a temporary Applicant proves unsatisfactory, the Agency will make no charge, provided that the Client notifies the Agency of the fact within four hours of the arrival of the temporary Applicant at the place of business and immediately discontinues using his or her services. In every other case, the Client shall sign a timesheet confirming the number of hours worked and shall be liable to pay for the approved hours worked at the rate agreed. Accounts for temporary Applicants are payable weekly upon presentation.

13. a) The Client agrees to be responsible for all acts, errors or omissions be they willful, negligent or otherwise as though the temporary Applicant were on the payroll of the Client and the Client will, in all respects comply with all statutes, by-laws, codes of practice 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 Employer's and Public Liability Insurance cover for the temporary Applicant during all assignments but excluding the matters specifically mentioned in Clause 11 above.

b) It is the Client's responsibility to ensure that Applicants comply with the conditions laid down under Section 8 of the Asylum and Immigration Act 1996.

c) It is the Client's responsibility to ensure that all provisions, limits and entitlements set out in the Regulations are complied with including the maintenance of appropriate record keeping systems and to fully indemnify the Agency against any action taken against the Agency in respect of the Client's breach of its obligations.

14. All sums payable pursuant to these conditions unless otherwise stated are exclusive of VAT and other duties or taxes and any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.

15. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Agency and temporary Applicant.

General
16. Introductions are strictly confidential. Should an Applicant or his/her details be passed to any other employer resulting in a permanent or temporary engagement, the Client is liable to pay the full appropriate fee.

17. Should an Applicant introduce another Applicant to the Client resulting in permanent engagement, the Client is liable to pay the Agency the full appropriate fee.

18. Whilst every effort is made to maintain a high standard of integrity and a reliable service, the Agency cannot accept responsibility for any loss, damage, loss or compensation (whether direct, indirect or consequential) which may be suffered by the Client or for which the Client may become liable, arising out of the introduction by the Agency of permanent Applicants, temporary Applicants or work experience Applicants.

19. The Agency reserves the right to charge interest on all overdue debts at the rate of 2% per month or part of a month.