CLIENT TERMS OF BUSINESS

1. Definitions and Interpretation

In these Terms of Business:

“Company” means ALWAYS RECRUITING LIMITED (Company Number 10237032).
“Client” means any organisation, company, partnership or individual to whom the Company supplies or introduces Workers.
“Worker” means any individual supplied or introduced by the Company, whether engaged on a temporary, contract or permanent basis.
“Assignment” means any engagement, placement or supply of a Worker to the Client.
“Services” means recruitment, introduction and labour supply services provided by the Company.
“Transfer” means the engagement of a Worker directly or indirectly by the Client or a third party following an introduction or supply by the Company.

Headings are for convenience only and do not affect interpretation.

2. Application of These Terms

These Terms apply to all Services provided by the Company unless otherwise agreed in writing.

By requesting Services, accepting a Worker, or permitting a Worker to commence an Assignment, the Client confirms acceptance of these Terms.

Any Client terms are excluded unless expressly agreed in writing by a director of the Company.

3. Nature of the Relationship

The Company acts as a recruitment and labour supply business.

Nothing in these Terms creates a partnership, joint venture or agency relationship between the Company and the Client.

Unless expressly agreed in writing, the Company does not act as an umbrella company, payroll bureau or employer of record.

4. Requests for Workers and Information Accuracy

The Client shall provide accurate and complete information relating to:

Role requirements
Working hours and duration
Site conditions and hazards
Required qualifications, licences or certifications
Rates of pay and charge

The Company relies on this information when selecting Workers and shall not be liable for inaccuracies or omissions supplied by the Client.

5. Temporary Labour Supply and Control

While a Worker is on Assignment, the Client is responsible for:

Day-to-day supervision, direction and control
Allocation of duties and working methods
Compliance with site rules and procedures

The Client acknowledges that it controls the workplace and working conditions.

Nothing in these Terms transfers responsibility for site management or supervision to the Company.

6. Suitability, Vetting and Compliance

The Company undertakes Right to Work checks and role-appropriate vetting in accordance with its published policies.

The Client remains responsible for determining whether a Worker is suitable for its specific operational environment.

Any concerns regarding suitability, conduct or performance must be notified immediately.

7. Health and Safety

The Client is solely responsible for:

Providing a safe working environment
Conducting risk assessments
Delivering site inductions
Providing appropriate training and personal protective equipment

The Company does not conduct site-specific risk assessments unless expressly agreed in writing.

8. Timesheets and Authorisation

Payment is based on timesheets authorised by the Client.

The Client is responsible for ensuring timesheets accurately reflect hours worked and are approved promptly.

The Company is not responsible for delays caused by late, inaccurate or disputed timesheets.

9. Fees and Charges

Fees are calculated in accordance with agreed rates.

All fees are exclusive of VAT.

Invoices are payable within [30] days of the invoice date unless otherwise agreed.

The Client shall pay all invoices in full regardless of any dispute with a Worker.

10. Late Payment and Credit Control

The Company reserves the right to:

Charge interest on overdue sums at the statutory rate
Suspend supply where payment is overdue
Require prepayment or revised payment terms

The Client shall be liable for reasonable recovery costs incurred.

11. Absence, Replacement and Substitution

The Company may, at its discretion, seek to provide a replacement Worker where a Worker is unavailable or unsuitable.

The Company does not guarantee the availability of replacements.

The Company reserves the right to withdraw Workers where continued supply would breach legal or regulatory requirements.

12. Transfer and Temp-to-Perm Fees

Where a Worker supplied or introduced by the Company is engaged by the Client or a third party, a Transfer fee becomes payable.

A Transfer shall be deemed to occur if the Worker is engaged within 12 months of introduction or supply.

The Transfer fee shall be calculated as [a percentage of annual remuneration], unless otherwise agreed.

This applies whether engagement is direct or indirect.

13. Non-Circumvention

The Client shall not take steps designed to avoid payment of fees, including engaging Workers through third parties.

Any such action shall constitute a material breach.

14. Employment Status

Nothing in these Terms renders the Company the employer of any Worker unless expressly agreed in writing.

The Client accepts responsibility for supervision and control during Assignments.

15. Insurance

The Company maintains appropriate insurance cover in accordance with legal requirements.

The Client is responsible for maintaining appropriate insurance for its operations and workplace risks.

16. Liability

The Company’s total liability arising out of or in connection with these Terms shall be limited to the total fees paid by the Client in the preceding [3] months.

The Company shall not be liable for loss of profits, loss of business, loss of data or indirect or consequential loss.

Nothing excludes liability for death or personal injury caused by negligence or for fraud.

17. Indemnity

The Client indemnifies the Company against all claims, losses and liabilities arising from:

Breach of these Terms
Unsafe working conditions
Acts or omissions of the Client
Supervision or instruction of Workers

18. Confidentiality

Each party shall keep confidential any information obtained in connection with the Services, except where disclosure is required by law.

19. Data Protection

Each party shall comply with applicable data protection legislation.

The Client shall process Worker data lawfully and securely.

20. Termination

Either party may terminate Services on written notice.

Termination does not affect accrued rights or outstanding payments.

21. Force Majeure

Neither party shall be liable for failure to perform due to events beyond reasonable control.

22. Severability

If any provision is held unenforceable, the remaining provisions remain in force.

23. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction.

24. Company Details

ALWAYS RECRUITING LIMITED
Company Number: 10237032

Registered Address:
The Offices, Charlton Horethorne
Sherborne, Dorset
DT9 4NL

Client enquiries: info@alwaysrecruting.uk