NLC CHEFS TERMS OF BUSINESS
For the Introduction of Permanent and Temporary Freelance Staff
- DEFINITIONS
1.1 In these Terms of Business the following definitions apply:
“Applicant” means the person introduced by the Agency to the Client;
“Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
“Agency” means NLC Chefs located at PO Box 403, Bristol, BS16 0GN;
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis;
“Introduction” means the passing to the Client of information which identifies the Applicant and which leads to an engagement of the Applicant by the Client;
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments and all other emoluments payable to or receivable by the Applicant.
1.2 Unless the context requires otherwise, references to the singular include the plural and to masculine include the feminine.
1.3 The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
- THE CONTRACT
2.1 The Terms constitute the contract between the Agency and the Client and the placement of an applicant shall be deemed acceptance of these terms.
2.2 The Client agrees:
2.2.1 To notify the Agency immediately of any offer of an engagement which it makes to the Applicant.
2.2.2 To pay the Agency fees within 30 days of the date of invoice. If after 30 days no payment has been made to the Agency, The Agency will pass the invoice on to their creditors, unless an agreement has already been made with the Agency and Client. In respect of the permanent placement of freelance Applicants the Client shall pay to the Agency the fees notified to the Client. VAT will be charged on the fee if applicable.
2.3 If the Client, its subsidiaries, affiliated or related companies subsequently engages or re-engages the Applicant within the period of 12 calendar months from the date of termination of the engagement or withdrawal of the offer, a full fee (see 2.3.1) calculated in accordance with clause 2.2.2 (Terms of Business for the Introduction of Permanent Staff) will become due. This applies to any organisation. In the event that the chef remains on a self-employed basis for the client the calculation of the fee will be based on a basic remuneration of £25000.00 per annum.
2.3.1 A sliding scale of charges for the permanent employment of any of our chefs by a client subject to point 2.3 is as follows:
CDP (or equivalent level) -15% of basic remuneration.
Sous Chef (or equivalent level) – 17.5% of basic remuneration.
Head Chef (or equivalent level) – 20% of basic remuneration.
These fees are all subject to VAT and no rebate is applicable should the chef leave or be requested to leave at any time.
2.4 The Client agrees to sign the temporary freelance Applicant’s timesheet on a daily/weekly basis to verify the hours of work. Additional expenses such as enhancements for bank holidays, travelling and accommodation etc. will be itemised on the Agency’s invoice where applicable. The Agency’s working week is Monday to Sunday.
2.5 The Agency assumes no responsibility for the deduction of all or any statutory contributions in respect of earnings related pay including Income Tax and National Insurance Contributions. The deduction of these statutory contributions remain the responsibility of the Client (where engaging a permanent Applicant) or with the freelance Applicant if the freelance Applicant is engaged on a temporary basis.
2.6 The Applicant will prove within a period of 3 months from registering with the Agency that they have become registered self employed and are responsible for the deduction of all or any statutory contributions in respect of earnings related pay including Income Tax and National Insurance Contributions. If approached by HMRC and the applicant is found not to be paying any contributions, the agency can backdate any un-paid contributions to the applicant and deduct this from any money owed as a form of security of payment to HMRC.
2.7 The Client will pay for the applicants travel expenses on a one way basis to ensure the applicant arrives if travelling from outside the county of his residency. The Client and the Applicant can decide if that is on an Hourly basis or mileage basis.
- LIABILITY
3.1 All Applicants provided by the Agency are deemed to be under the directions and control of the Client from initiation to completion and for the duration of the assignment. The Client agrees to be responsible for all errors and omissions whether wilful, negligent or otherwise. The Client shall be responsible for the provision of Public Liability Insurance for all Applicants.
3.2 The Agency shall use its reasonable endeavours to ensure that Applicants retain reasonable standards of skills, integrity and reliability. No liability will be accepted by the Agency for any loss, expense, damage or delay arising from any particular Applicant for all or part of the period of booking, or from the negligence, dishonesty, misconduct or lack of skill of the Applicant.
3.3 Should the client wish to cancel any booking, the Client must give the Applicant or the Agency a minimum of 24 hours notice in writing. A charge equivalent to one half day’s labour per Applicant shall become payable by the Client at the agreed rate of the Chef’s hourly rate should insufficient notice be received.
3.4 The Client agrees that it will not seek to engage a temporary freelance worker on a permanent basis or temporary basis without first notifying the Agency of its intention to do so, and will pay the Agency the appropriate fee to the Agency.
3.5 The Applicant has the right to substitute themselves with someone of equal calibre who has been vetted by the Agency.
3.6 If the Applicant fails to complete the job in hand on that day, they waive their rights to any money owed to them for that day, and the Client will not be charged as the Applicant has failed to complete the job.
3.7 The Applicant will not divulge, at any time, during or after their employment, any operating, personnel or strategic procedures of the client or the company with which they were employed whilst contracting through NLC Chefs. The Applicant cannot contact any client they have undertaken work with NLC Chefs on a Freelance basis or as a company or partnership they are part of during a period of 12 months after leaving NLC Chefs.
3.8 Any booking made by a Client is with the full endorsement of the terms & conditions above, the terms and conditions come in to full effect once the Applicant has arrived on site. Unless the Client wishes to cancel then 3.3 comes into effect.
3.9 The Client agrees to pay the chef upon his invoice at the agreed rate of the contract for the work they have completed; The Chef will charge double time for the bank holidays unless there is a written agreement with the Agency and the Client.
4.0 No variation can be made to these terms and conditions without the written consent of a director of the Agency.
4.1 These terms are governed by the Law of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales