These Terms and Conditions of Business are between Digital State Marketing (DSM) Ltd T/A Digital State Recruitment of First Floor, East Bridge Mills, Stramongate, Kendal, LA9 4UB (hereinafter called “DSM”) the Employment Business and the Employer (hereinafter called the “Client”) and are deemed to be accepted by the Client by virtue of an interview or engagement of a Temporary Employee (hereinafter called the “Employee”) introduced by Digital State Marketing Ltd.
These terms apply to the exclusion of all other terms or conditions of contract the Client may propose and shall not be varied unless agreed in writing, signed by Digital State Marketing Ltd.
1.1. The Client shall pay the agreed hourly charge in respect of each person supplied by DSM advised at the time of the booking of the Temporary Employee for all hours actually worked and to sign a time-sheet in respect thereof. Hourly charges include the temporary workers hourly rate of pay, employers NI contributions, statutory holiday pay element and Digital State Group margin. Travelling, hotel or other expenses as may be agreed shall be itemised on the DSM invoice in addition to this charge. These charges will be those in force at the time of the assignment, no variation or alteration to these charges or terms shall be valid until the details of such variations are agreed between DSM and the Client and are set out in writing with such a copy provided to the Client, specifying the details of the variations and the date they from which they shall apply. Details of charges are available on application and are calculated on the agreed hourly basis at rates varying according to the number of hours required in any one week and other factors and may be subject to Value Added Tax at the appropriate rate. Invoices are sent weekly and are payable within 7 days of Invoice Date. DSM reserves the right to charge interest at Bank of England Base rate plus 9% on accounts overdue.
1.2. No refunds are payable in respect of the charges of the Employment Business.
2. DSM assumes responsibility for payment of remuneration, deduction and payment of all statutory contributions in respect of Earnings Related Insurance and the administration of Schedule E Income Tax (PAYE) applicable to the Temporary Employee as required by law.
3.1. In the event of the Engagement by the Client of a Temporary Worker supplied by DSM either (1) directly by the Client or (2) pursuant to being supplied by another employment business, during the Assignment or within whichever is the longer of either 12 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous assignment shall also be considered to be the ‘first Assignment’ for these purposes); or 8 weeks from the day after the last day the Temporary Worker worked on the Assignment, the Client shall be liable, subject to electing upon giving 7 days’ notice, to either: (a) An extended period of hire calculated in proportion to the number of weeks the Temporary Worker has been supplied to the client prior to the notice date in accordance with the accompanying schedule of extended hire periods set out below, during which the Client shall pay the charges agreed pursuant to clause 1 above for each hour the Temporary Worker is so employed or supplied; or (b) A Transfer Fee calculated as follows: the appropriate percentage (as per our perm fees calculator published on this website and found here) of the Remuneration applicable during the first 12 months of the engagement. VAT is payable in addition to any fee due.
3.2. In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by DSM to the Client, but which leads to an Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another employment business within 9 months from the date of Introduction the Client shall be liable to either: (a) period of hire of the Temporary Worker being 16 weeks during which the Client shall pay the hourly charges agreed pursuant to clause 1 above for each hour the Temporary Worker is so employed or supplied; or (b) An Introduction Fee calculated as the appropriate percentage (as per our perm fees calculator published on this website and found here) of the Remuneration applicable on a pro rata basis. If the specific amount of the remuneration is not known or is withheld by the Client, the mid-point of the likely salary rate as defined by the candidates’ application profile and previous employment shall be used. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. There are no rebates or reductions of extended periods in respect of charges arising under clauses 3.2 (all sections). Payment terms are agreed to be 7 days from invoice date
3.3. If the client does not give such notice, as outlined in Clause 3.1 before the Temporary Worker is Engaged the parties agree that the Fee in Clauses 3.1or 3.2 shall be due.
4. Every effort is made by DSM to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from a Temporary Employee and further to provide them in accordance with the booking details. No liability whatsoever will be accepted by Digital State Group for any loss, expense, damage of delay arising from any failure to provide any particular Temporary Employee for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Employee provided.
5. DSM shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with DSM seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of DSM to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence. Health and safety in all of its forms are the sole responsibility of the client and not the agency. All placed candidates in any form are always under the direction, supervision and control of the client.
6. The Client undertakes to supervise the workmanship of the Temporary Employee but if the services of the Temporary Employee prove to be unsatisfactory, DSM may reduce or cancel the charge for the time worked by the Temporary Employee provided that the Temporary Employee leaves that assignment immediately and that notification which must be confirmed in writing is received either: a). within four hours of the Temporary Employee commencing duties where the booking is for more than seven hours or b) within two hours for bookings of seven hours or less.
7. A Temporary Employee provided by DSM is deemed to be under the exclusive direction and control of the Client from the time the worker reports to take up duties and for the duration of the assignment and the Client agrees to be responsible for all acts, errors and omissions be they wilful, negligent or otherwise as though the worker were on the payroll of the Client, the Client accepts responsibility for all on site health & safety, risk assessment matters 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 Clients own staff, but excluding the matters specifically mentioned in condition 2 above.
8. The Client is deemed to comply with all Health & Safety legislation and/or regulations and is responsible for the safety of the temporary employee as though the temporary employee were employed by the client. DSM accepts no responsibility in respect of any accident, injury or other claim howsoever arising from the temporary employee during the period of the Contract. The client must have appropriate insurance cover in respect of the temporary employee during the period of the work and must indemnify Digital State Group to the full extent of any claim made against them by the temporary employee in respect of loss during the period of Contract. Conditions 5, 6 & 7 herein also apply.
9. Alterations to these Terms & Conditions of Business can only be accepted if confirmed in writing by DSM.
10. The client, under GLA regulations, allows DSM reasonable access to the place of work, for the purpose of assessing relevant H & S matters.
11. The Client cannot employ Temporary Workers from DSM to replace other workers involved in an official Trade Union dispute and must inform Digital State Group if this situation exists.
12. These terms and conditions were published on 4th March 2015 and replace with immediate effect the terms and conditions previously published. Changes were made to sections 1.1, 3.1, 3.2, 5, 12, 13.
13. In regard to VAT: VAT is payable at the applicable rate as of the date of production of the invoice as set out by HMRC.