Please read these Terms and Conditions carefully before accessing or using the Airsupply Service.
"Agency Worker" means the individual who is Introduced by the Employment Agency to provide services to the Hirer;
"Assignment"means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which the Agency Worker is supplied by the Employment Agency to work temporarily for and under the supervision and direction of the Hirer;
"Assignment Details Form" means written confirmation of the assignment details agreed with the Hirer prior to commencement of the Assignment;
"AWR" means the Agency Workers Regulations 2010;
"AWR Claim" means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Agency for any breach of the AWR;
"Calendar Week" means any period of seven days starting with the same day as the first day of the First Assignment;
"Charges" means the Employment Agencies charges calculated in accordance with clause 6 and as may be varied from time to time in accordance with these Terms;
"Comparable Employee" means as defined in Schedule 1 to these Terms;
"Conduct Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
"Confidential Information" means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Agency or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Agency or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;
"Control" means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and "Controls" and "Controlled" shall be construed accordingly;
"Data Protection Laws" means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data;
"Employment Business" [Airsupply Solutions Limited] Limited (registered company no. [09968659.])Block B, Hallamshire business park, 100 Napier Street, Sheffield S11 8HD.
"Engagement" means the engagement (including the Agency Worker's acceptance of the Hirer's offer), employment or use of the Agency Worker by the Hirer or by any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or any other engagement; or through a limited company of which the Agency Worker is an officer, employee or other representative; and "Engage", "Engages" and "Engaged" shall be construed accordingly;
"First Assignment" means:
(a) the relevant Assignment; or
(a) if, prior to the relevant Assignment:
(i) the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and
(ii) the relevant Qualifying Period commenced in any such assignment,
that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);
"Hirer" means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is Introduced;
"Hirer's Group" means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
"Introduction" means (i) the passing to the Hirer of a curriculum vitae or information which identifies the Agency Worker; or (ii) the Hirer's interview of the Agency Worker(in person or by telephone or by any other means), following the Hirer's instruction to the Employment Agency to supply a temporary worker; or (iii) the supply of the Agency Worker; and, in any case, which leads to an Engagement of the temporary worker or the Agency Worker; and "Introduced" and "Introducing" shall be construed accordingly;
"Losses"means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;
"Relevant Terms and Conditions" means terms and conditions relating to:
that are ordinarily included in the contracts of employees or workers (as appropriate) of the Hirer whether by collective agreement or otherwise and including (for the avoidance of doubt and without limitation) such terms and conditions that have become contractual by virtue of custom and practice, including copies of all relevant documentation;
"Temporary Work Agency" means as defined in Schedule 1 to these Terms;
"Terms" means these terms of business (including the attached schedules) together with any applicable Assignment Details Form;
"Vulnerable Person" means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen; and
"WTR" means the Working Time Regulations 1998.
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
The headings contained in these Terms are for convenience only and do not affect their interpretation.
Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.
Current rate of commission as per date of Terms and Conditions: 23%
Teachers (Agency Workers) set their own rate of pay. Our fees are included in the rate the Hirer sees. The fee shown to the Hirer includes all employer taxes and pension contributions but excludes VAT. Agency Worker fee and Employment Business commission (including all employer taxes) will be clearly identified on invoices.
Should a Hirer wish to employ an Agency Worker who is engaged in a regular long term (> 6 weeks) assignment on a permanent basis, there is no transfer fee applicable.
Should a Hirer wish to employ an Agency Worker on a long-term temporary / fixed term contract basis and where the Employment Business has introduced the Agency Worker and that Agency Worker has worked a for the Hirer in the previous 12 months; a transfer fee of £500 is applicable.
Should a Hirer wish to employ an Agency Worker on permanent contract basis and where the Employment Business has introduced the Agency Worker and that Agency Worker has NOT worked a for the Hirer in the previous 12 months; an introductory fee of £1,500 is applicable.
These Terms constitute the entire agreement between the Employment Agency and the Hirer for the supply of the Agency Worker’s services by the Employment Agency to the Hirer and are deemed to be accepted by the Hirer by virtue of its request for, interview with or Engagement of the Agency Worker, or the passing of any information by the Hirer about an Agency Worker to any third party following an Introduction.
Unless otherwise agreed in writing by a director the Employment Agency, these Terms prevail over any terms of business or purchase conditions (or similar) put forward by the Hirer.
Subject to clause 6.2, no variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Employment Agency and the Hirer and are set out in writing and a copy of the varied Terms is given to the Hirer stating the date on or after which such varied Terms shall apply.
The Employment Agency shall act as an employment Agency (as defined in Section 13(3) of the Employment Agencies Act 1973 (as amended) when Introducing Agency Workers for Assignments with the Hirer.
To enable the Employment Agency to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to the Employment Agency details of the position which the Hirer seeks to fill, including the following:
The Hirer will assist the Employment Agency in complying with the Employment Agencies duties under the WTR by supplying any relevant information about the Assignment requested by the Employment Agency and the Hirer will not do anything to cause the Employment Agency to be in breach of its obligations under these Regulations. If the Hirer requires the services of an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify the Employment Agency of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the Agency Worker to work in excess of 48 hours.
The Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the AWR.
To enable the Employment Agency to comply with its obligations under the AWR, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at the Employment Agencies request:
In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Hirer will:
The Hirer will comply with all the Employment Agencies requests for information and any other requirements to enable the Employment Agency to comply with the AWR.
The Hirer warrants that:
Any of the Hirer, the Employment Agency or the Agency Worker may terminate an Assignment at any time without prior notice and without liability (except in the case of termination by the Hirer, who shall be liable for any Charges due under clause 6 above).
All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Hirer. Accordingly the Employment Agency shall use its reasonable endeavours to ensure that the Agency Worker shall execute all such documents and do all such acts in order to give effect to the Hirer’s rights pursuant to this clause.
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
These Terms are governed by the law of [England & Wales / Scotland / Northern Ireland] and are subject to the exclusive jurisdiction of the Courts of [England & Wales / Scotland / Northern Ireland].