Technology Jobs & Recruitment IT, Telecoms, IT Security and Identity Management Recuitment
Home About AU Clients Candidates Vacancies Terms & Conditions Contact Us
 

Terms and Conditions

Contract Terms and Conditions

1. Definitions

In these terms and conditions and in all contracts to which these terms and conditions apply:

a) 'The Company' shall mean AU Associates Limited...

b) 'The Client' shall mean any individual to whom or any firm or company to which the Company shall supply or offer to supply the technical or professional services of a Sub-Contractor.

c) 'The Sub-Contractor' shall mean any individual or firm or company or the directors or proprietors of any company or firm (limited or otherwise) whose services are supplied or offered by the Company to the Client.

d) 'The Contract' shall mean any contract with the Company for the provision of the Sub-Contractor's services to the Client.

2. These terms and conditions will apply to and govern the offer of supply or supply of any services of a Sub-Contractor by the Company to the client. No variation of these terms and conditions will be effective unless agreed in writing and signed by a Director of the Company.

3. All relevant details concerning the Contract covering the Services of the Sub-Contractor being offered or supplied by the Company to the Client will be supplied to the Client by the Company and the Client will be deemed to enter into the Contract with the full knowledge thereof.

4. The Company shall ensure that all Sub Contractors covered by this agreement are compliant with regard to employment and tax laws relevant to the country in which the services are being provided and, where requested, shall provide evidence of compliance on a regular basis.

5. In the event of any conflict arising between the Sub-Contractor and the Client then the Company reserves the right to be the sole arbitrator.

6. Payments shall be made in full by the Client to the Company against invoices issued by the Company at the address specified therein and within the period specified on the relevant contract schedule. The Company shall be entitled to terminate the Contract summarily in the event of any payment being overdue for Forty Five days or more and take further steps they deem necessary to recover the said payment.

7. In the event of the Client wishing to change the nature of the services specified in the Contract or the location of the work specified therein or extend the period of the Contract such change shall be effected by agreement in writing with the Company and the Sub-Contractor and not otherwise. The Company shall be entitled in its absolute discretion to refuse to change the nature of the Sub-Contractor's services and/or location of the work or extend the period of the Contract but in the event of the Company and the Sub-Contractor agreeing to alter the nature of the services and/or the location of the work or extend the period of the Contract the Company reserves the right to alter the rate charged for the Sub-Contractor's services.

8. The Client shall not engage nor offer to engage directly or indirectly through any company, firm or organisation other than the Company a Sub-Contractor whose services have at any time during the previous year been offered or supplied to the Client by the Company except by payment to the Company of a sum equal to thirteen weeks' charge for the Sub-Contractor's services based upon a forty hour working week or a placement fee of 20% of gross salary, whichever is the greater.

9. All patents and rights including copyright in industrial and commercial property and design originating or deriving from the work of the Sub-Contractor whilst services are being supplied to the Client shall be deemed to be the undisputed property of the Client.

10. In the event of the Company supplying to the Client any material in which the Company owns the patent and/or rights including copyright the same will be supplied by the Company to the Client under licence and the Company will retain the said patent rights and copyright and shall be able to use the same or any part thereof as the Company shall in its absolute discretion deem fit.

11. While the Sub-Contractor is working for the Client he shall be deemed to be the servant of the Client and the Company shall not be liable for any injury, loss or damage sustained by the Sub-Contractor.

12. The Company shall not be liable for any act or omission on the part of the Sub-Contractor except insofar as covered by these terms and conditions and the Client will indemnify the Company against any such liability howsoever arising.

13. Notice period as per contract schedule.

14. The Company shall have the right to terminate the Contract upon giving to the Client not less than fourteen days' notice in writing.

15. The Client shall not reveal to the Sub-Contractor or any employee representative or officer of any other company firm or organisation other than to the representative of such an organisation which has a legal requirement to know such information the hourly rate paid by the Client to the Company for the Sub-Contractor's services.

16. The Client shall respect the privacy of the Sub-Contractor's remuneration and conditions of service with the Company and no employee representative or officer of the Client shall request or require information thereon from the Sub-Contractor or any third party.

17. Expenses incurred by the Sub-Contractor while travelling with the authority of the client on Client's business shall be reimbursed directly to the Sub-Contractor by the Client.

18. The client will not cause or permit the Sub-Contractor to use any motor vehicle for any business purposes without the Client ensuring that adequate third party insurance cover is in force in respect of such user and the Client will at all times keep the Company indemnified against all liability (whether in respect of insured risk or otherwise) incurred by the Company or arising otherwise in connection with the use by the Sub-Contractor of any motor vehicle for any business purpose whether or not such user is requested by the Client.

19. No representation or statement made by any of the Company's representatives prior to the date of this Contract shall be binding.

20. The Company shall not be liable for any loss or damage arising from any absence from work by the Sub-Contractor caused by illness or otherwise provided that the reason for such absence is notified to the Client by the Company as soon as reasonably practicable and such absence shall not in any way vitiate the Contract or give to the Client the right to repudiate the same.

21. These terms and conditions shall be construed and take effect in accordance with English Law.

 

 

Terms of Agreement for Permanent Placement

This agreement (hereinafter to be called 'the Agreement') is made

BETWEEN AU Associates (hereinafter to be referred to as 'AU Associates')


AND The Client (hereinafter to be called 'the Client')

1. AU Associates is in the business of providing candidates skilled in computer work to clients in all sectors of the Data Processing Industry for permanent appointment with them.

2. AU Associates will introduce candidates to the Client for appointment by the Client.

3. The Client is responsible for checking a candidate's references relating to his/her qualifications, skills, character and experience and seeing that the legal and medical requirements relating to a candidate have been met and for obtaining a work permit when necessary. AU Associates provides an introductory service only, they do not make any checks on candidates and neither do they provide any assurances as to a candidate's suitability both technically or otherwise.

4. The said Terms of Agreement will constitute the only contract between AU Associates and the Client.

5. The said Terms of Agreement can be varied only by written agreement between AU Associates and the Client.

6. An introduction of a candidate shall be deemed to have taken place when AU Associates provides to the Client a candidate's CV. This agreement comes into effect upon an introduction taking place.

7. If an appointment of a candidate is made by the Client within 6 months of an introduction AU Associates' fees as set out in Clause 11 below become payable.

8. An introduction is strictly confidential. If the breach of this Clause by the Client results in the appointment of a candidate by a third party, the Client shall pay the full fee to which AU Associates would have been entitled if the appointment had been made by the Client. A third party includes, but is not limited to any associated company, subsidiary or other company with which the Client is connected.

9. The Client shall notify AU Associates immediately an appointment of a candidate is made and provide AU Associates with a copy of any job offer made by the Client to the candidate.

10. AU Associates fee is calculated as a percentage of the anticipated first year's total basic salary. Client shall provide to AU Associates a full statement of the total remuneration to be received by a candidate.

11. The client will not incur any additional sundry payments above that of the basic salary unless previously agreed by the client with AU Associates.

12. An invoice is payable within 30 days of its date from commencement of employment. If payment is not duly made within 30 days, the Client shall pay interest of the sum of money due at 2% above the current Base Rate.

13. The client shall bear the legal costs incurred by AU Associates if an invoice is not paid or if it is paid after 60 days have elapsed since it was issued for payment.

14. Should the relevant engagement be terminated by the Client or applicant for any reason before the expiry of 8 weeks the fee will be rebated in accordance with the following Scale of Rebate subject to the terms in clause 15. Should the Client or any subsidiary or associated company or person or body subsequently re-engage the applicant within the period of 12 calendar months from the date of termination a fee in accordance with paragraph 11 becomes payable.

15. No rebate shall be payable if:

a) An appointment is rescinded for no good reason;

b) AU Associates is not notified in writing within 1 days of the termination of the appointment together with the reasons for it;

c) The fee is not paid to AU Associates within 60 days of the tendering of the invoice;

d) The cause of the termination has no bearing on the candidate's qualifications, capability or conduct;

e) The candidate is made redundant;

16. This agreement is subject to English Law
  Copyright © AU Associates Limited, 2006. All rights reserved. Site layout & logo design by Sean McCullough.
  Home | About AU | Clients | Candidates | Vacancies | Identity Management | Terms & Conditions | Contact Us
Specialising in jobs and recruitment for the IT, Telecoms, IT Security, and Identity Management sectors.