As a professional recruitment agency, we would like to provide our clients with complete and accurate information regarding our tradename and platform ownership. Therefore, we would like to clarify that "Bright Staff" is a registered tradename used by 24HR Staffing Solutions Ltd, and "Brightstaff.co.uk" is a platform owned by 24HR Staffing Solutions Ltd to facilitate the smooth operation of our business.
We have submitted an application to register the names "Brightstaff" and "Bright Staff" with the Intellectual Property Office, and if successful, the trademarks for these names will be owned by 24HR Staffing Solutions Ltd. We are committed to ensuring that our clients are aware of our ownership and the use of our tradename and platform, as well as any changes that may occur in the future.
In addition, we would like to emphasize that any association of Brightstaff.co.uk with other names or entities is not valid, and 24HR Staffing Solutions Ltd will not be held accountable or responsible for any such erroneous associations. It is important to note that Brightstaff.co.uk is solely owned by 24HR Staffing Solutions Ltd, and any other associations are not valid.
We value the trust that our clients place in us, and we are committed to providing them with reliable and accurate information. Therefore, we urge our clients to contact us directly if they have any questions or concerns regarding our ownership, trademarks, or any other related matter. We are always available to provide our clients with the information and support they need to make informed decisions.
1.1. In these Terms of Business (the "Terms") the following definitions apply:
"24HR" means 24HR Staffing Solutions ltd of 21 High Street , Ipswich , IP1 3QH
company as defined by the Companies Act 1985 to whom the Locum is supplied or Introduced;
the Client or any third party or through any other employment business on a permanent or
temporary basis, whether under a contract of service or for services, agency, franchise or
partnership agreement and whether directly or through a limited company of which the Locum is a
director or employee, and the terms "Engages" and "Engaged" shall be construed accordingly;
clause 7.2 below and Regulation 10 of the Conduct of Employment Agencies and
Employment
Businesses Regulations 2003;
person acting on the Client's behalf, following the Client’s instruction to “24HR” to supply a
Locum; or (ii) the passing to the Client of a curriculum vitae or information which identifies the
Locum, and which leads to an Engagement of that Locum and the term "Introduced" shall be construed accordingly;
commission earnings, allowances, inducement payments and all other payments and taxable (and,
where applicable, non-taxable) emoluments payable to or receivable by the Locum for services
rendered to or on behalf of the Client or any third party.
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2.1 These Terms constitute the contract between “24HR” and the Client for the supply of the Locum’s services by “24HR” to the Client and are deemed to be accepted by the Client from time to time by virtue of its request for, interview with or Engagement of the Locum or the passing of any information about the Locum to any third party following an Introduction.
2.2 These Terms constitute the entire agreement between the parties and unless otherwise agreed in writing by a directors of“24HR” , these Terms prevail over any terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between “24HR” and the Client and are set out in writing. A copy of such varied terms shall given to the Client stating the date on or after which such varied terms shall apply.
3.1 The Client agrees to pay such charges of “24HR” as shall be notified to and agreed with the
Client from time to time.
3.2 “24HR” reserves the right to review its charges from time to time, and where such charges are reviewed during the period of an Assignment, “24HR” shall give the Client not less than two weeks written notice of the effective date of the change and the new charges will apply from the date of the change.
3.3 For the purposes of these Terms, each "shift" shall be categorised as one of the following and the applicable hourly rates from time to time for such shift shall apply:
3.3.1 Standard Day: 8am to 8pm on week days; ( or 07.00 to 19.00 as per costumer rota)
Standard Night: 8pm to 8am( respective 07 pm to 07 am)
3.3.2 Weekend Day: 8am to 8pm on week ends;
3.3.3 Waking Night: 8pm to 8am where the Locum is to remain awake and on call throughout the night;
3.3.4 Bank Holiday: all national bank holidays in England and Wales.
3.4. The following special provisions shall apply in relation to shifts carried out by Locums:
3.4.1. where a shift commences on a non-Bank Holiday and continues into a Bank Holiday, or a shift commences on a Bank Holiday and continues into a non Bank Holiday, the shift shall be charged at the applicable Bank Holiday rate for the entirety of the shift.
3.5. The charges are calculated according to the number of hours worked by the Locum (to the nearest 5 minutes) and comprise mainly the Locum’s hourly rate but also include “24HR” commission (calculated as a percentage of the Locum’s hourly rate), employer’s National Insurance contributions and any travel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges.
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3.6. The charges shall be invoiced to the Client on a weekly basis and are payable within no latter then 10 days of receipt of the relevant invoice. “24HR” reserves the right to charge interest on any overdue amounts not paid within 10 days at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.7. There are no rebates payable in respect of the charges of .
“24HR”
4.1. When making an Introduction of a Locum to the Client, “24HR” shall inform the Client of the identity of the Locum, whether the Locum will be employed by“24HR” under a contract of service or a contract for services, that “24HR” has used reasonable endeavours to ascertain that the Locum has the necessary or required experience, training, qualifications and any authorisation specified by the Client or required by law or a professional body to work in the Assignment as specified by the Client and that the Locum is willing to perform the Assignment.
4.2. Where such information is not given in paper form or by electronic means at the time of the Introduction it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Locum is being Introduced for an Assignment in the same position as one in which the Locum had previously been supplied within the previous five business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.
4.3. All information provided by“24HR” to the Client pursuant to this clause 4.1 or clause 10 of these Terms or otherwise is confidential. The disclosure by the Client to a third party of any such details is prohibited and if the Client breaches this clause 4.3 and such breach results in an Engagement within whichever is longer of 8 weeks from the day after the last day on which the Locum worked on the Assignment and 14 weeks from the start of the first Assignment for which the Locum worked for the Client (provided that where there has been a break of more than 42 days since the previous Assignment, an Assignment shall constitute a "first Assignment" for these purposes), the Client shall be liable to pay the Introduction Fee.
5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Locum's time sheet verifying the number of hours worked by the Locum during that week.
5.2. Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the Locum because the Client disputes the hours claimed, the Client shall inform “24HR” as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with“24HR” to enable “24HR” to establish what hours, if any, were worked by the Locum. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
5.3. The Client shall not be entitled to decline to sign a timesheet on the basis that the Client is dissatisfied with the work performed by the Locum. Where the Client alleges that the work carried out by the Locum is unsatisfactory, the provisions of clause 11.1 below shall apply.
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6.1 “24HR” assumes responsibility for paying the Locum and where appropriate, for the deduction and payment of National Insurance contributions and PAYE Income Tax applicable to the Locum pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
6.2 Except where specifically taken into consideration in calculating the charges and confirmed by“24HR”to the Client in writing, the Locum is responsible for meeting the costs of any meals, telephone calls, travel to and from the Client's premises and accommodation (other than accommodation on site reasonably necessary for the performance by the Locum of the Assignment for which the Client may not levy any costs). Where appropriate the Client shall appraise the Locum of the costs to be applied in respect of such items at the time the Locum reports to take up their duties on their first Assignment with the Client. The Client shall be responsible for the charging and collection of any such costs directly from the Locum, and “24HR” shall not in any way be liable for any debts which may be incurred by any Locum in respect of such items nor in negotiating or mediating between the Client and the Locum in respect of such items or any dispute relating to them.
7.1. Subject to condition 8.1 below, the Client shall be liable to pay a Transfer Fee or an
Introduction Fee (as applicable) calculated in accordance with clause 7.2 below in the event that:
7.1.1. a Locum supplied by “24HR” is Engaged by the Client either (i) directly or (ii) pursuant to being supplied by an alternative employment agency, at any time either during the Assignment or whichever is longer of 8 weeks from the day after the last day on which the Locum worked on the Assignment and 14 weeks full- time work (37 hours per week) from the start of the first Assignment for which the Locum worked for the Client (provided that where there has been a break of more than 42 days since the previous Assignment, an Assignment shall constitute a "first Assignment" for these purposes);
7.1.2. The 14 weeks full-time (37 hours per week) commences once the Client has requested, in writing, and it has
been confirmed by“24HR” and the Locum that a permanent placement will be made after the 14 weeks;
7.1.3. a Locum is Introduced to the Client which does not result in the supply of that Locum by “24HR” to the Client, but which leads to an Engagement of the Locum by the Client either (i) directly or (ii) pursuant to being supplied by another employment business with 6 months of the date of the Introduction;
7.1.4. a Locum supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Locum by the third party during the Assignment or whichever is longer of 8 weeks from the day after the last day on which the Locum worked on the Assignment and 14 weeks from the start of the first Assignment for which the Locum worked for the Client (provided that where there has been a break of more than 42 days since the previous Assignment, an Assignment shall constitute a "first Assignment" for these purposes); or
7.1.5. a Locum in Introduced to the Client which does not result in the supply of that Locum by “24HR”to the Client, but the Locum is introduced by the Client to a third party which results in the Engagement of the Locum by the third party within 6 months from the date of Introduction.
7.2. The Transfer Fee or Introduction Fee shall be calculated as 15% of the Remuneration to be paid to the Locum applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not then known, the equivalent of 12 weeks charges (based on the average weekly charges of the Locum in the 8 working weeks prior to the date of the Engagement (but excluding any periods where the Locum was not engaged on an Assignment due to sickness holiday or any other reason whatsoever).
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7.3. The Client shall be liable to pay the Transfer Fee or Introduction Fee (as applicable) whether the Client or third party approaches the Locum or the Locum approaches the Client or third party. No refund of the Transfer Fee or Introduction Fee (as applicable) will be paid in the event that the Engagement subsequently terminates.
7.4. VAT is payable in addition to the Transfer Fee or the Introduction Fee due.
8.1. Where a Client would otherwise be liable to pay a Transfer Fee or an Introduction Fee to “24HR” pursuant to either of clauses 7.1.1 or 7.1.2 above, the Client may instead elect by giving not less than 14 days written notice prior to the date on which the Locum is Engaged to take a Locum for an extended period of hire which, for the purposes of this clause shall mean a minimum period of 20 weeks on a full time basis (i.e. not less than 37 hours per week) (the "Extended Period") during which time the Client shall pay the current charges agreed pursuant to clause 3 for the shifts worked by the Locum. However, where the Client does not give such notice before the Locum is Engaged the parties agree that the Transfer Fee or Introduction Fee (as applicable) shall be due.
8.2. If the Client elects for an Extended Period as set out above, but before the end of such Extended Period Engages the Locum supplied by “24HR” either directly or pursuant to being supplied by another employment agency the Transfer Fee or Introduction Fee (as applicable) calculated in accordance with 7.2. will be charged, but shall be reduced by such percentage as reflects the period of Extended Hire already undertaken by the Locum and paid for by the Client.
8.3. Where any period(s) of absence due to illness or injury prevent the Locum from being employed or supplied for 4 or more days (which shall be qualifying days for the purposes of Statutory Sick Pay (SSP)) during any Extended Period, the Extended Period shall be extended by a further period equivalent to the total period of absence. Where“24HR” pays the Locum SSP during the Extended Period an equivalent amount shall be charged to and be payable by the Client in addition to the charges agreed pursuant to clause 3.
9.1. Whilst “24HR” makes every effort to ensure that the Locum placed with the Client is suitable for the Assignment by ensuring reasonable standards of skills, integrity and reliability from Locums, and further to provide Locums in accordance with the Client’s booking instructions,
“24HR” will not be liable for any loss, expense, damage or delay arising from any failure to provide any Locum for all or part of the period of booking or from the negligence (including where the Locum is late for or fails to attend an Assignment), dishonesty, misconduct or lack of skill, qualification or experience of the Locum. For the avoidance of doubt, “24HR” does not exclude liability for death or personal injury arising from its own negligence.
9.2. Locums supplied by “24HR” are engaged under contracts for services. They may be or not the employees of “24HR” but are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client assumes and accepts responsibility for all acts, errors or omissions of the Locum, whether wilful, negligent or otherwise as though the Locum was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in Clause 6 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Locum during all Assignments.
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9.3. The Client shall advise “24HR” of any special health and safety matters about which “24HR” is required to inform the Locum and about any requirements imposed by law or by any professional body which must be satisfied if the Locum is to fill the Assignment. The Client will assist“24HR” in complying with “24HR’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by “24HR” and the Client will not do anything to cause “24HR” to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Locum for more than 48 hours in any week, the Client must notify “24HR” of this requirement before the commencement of that week.
9.4. The Client undertakes not to request the supply of a Locum to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed someone who has been transferred by the Client to perform the duties of the person on strike or taking official industrial action.
9.5. The Client shall indemnify and keep indemnified “24HR” against any costs, claims or liabilities incurred by“24HR” arising out of any Assignment or arising out of any non-compliance with clauses 9.2, 9.3 and 9.4 and/or as a result of any breach of these Terms by the Client.
10.1. Where the Locum is required by law or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, “24HR” will take all reasonably practicable steps to obtain and offer to provide to the Client:
10.1.1. copies of any relevant qualifications or authorisations of the
Locum; and
10.1.2. two references from persons not related to the Locum who have agreed that the references they provide may be disclosed to the Client; and has taken all reasonably practicable steps to confirm that the Locum is suitable for the Assignment. If“24HR” is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
11.1. The Client undertakes to supervise the Locum sufficiently during the period of the Assignment so as to ensure the Client’s satisfaction with the work provided by the Locum. If the Client reasonably considers that the services of the Locum are unsatisfactory, the Client shall provide written notice of such dissatisfaction to “24HR” either:
11.1.1. requesting that “24HR” provide an alternative Locum to perform the
Assignment; or
11.1.2. terminating the Assignment either by confirming it has instructed the Locum to leave the
Assignment immediately, or by directing “24HR” to remove the Locum.
11.2. Where the Client requests “24HR” to replace the Locum in accordance with clause 11.1.1 above,“24HR” shall use all reasonable endeavours to locate and provide and alternative Locum to complete the remainder of the Assignment. However, in any event (but subject to clause 11.3 below) the Client will remain liable to pay “24HR” 's charges in respect of the hours worked by the Locum up to the date of the Locum's removal.
11.3. Where either 11.1.1 or 11.1.2 apply, “24HR” may in its discretion reduce or cancel the charges for the time worked by that Locum, provided that the Client serves written notice of its dissatisfaction with the Locum:
11.3.1. within 48 hours of the Locum commencing the Assignment where the booking is for more than one week;
or
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11.3.2. within 24 hours for bookings of seven days or less.
11.4. “24HR” shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Locum supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith by notice in writing without prior notice and without liability.
12.1. If, after a booking for a Locum has been accepted by “24HR” but before the commencement of the Assignment, the Client decides for any reason to cancel such booking within 48 hours of the start time of the original booking, the Client shall be liable to pay the minimum charge set out in clause 3.1 above for a shift (unless the original booking was for longer than the standard hours set out in clause 3.1 in which case the Client will be liable to pay the cost of the original booking) to the extent that the Client has given less than 48 hours notice of such cancellation.
If, after a booking for a locum has been accepted by client, but was cancelled ‘’ on arrival’’-that’s mean the Locum has turned up for shift and for various reasons was declined to stay on shift( was not needed), the client shall pay the shift in full to ‘’24HR’’.
12.2. Where a Client has elected to take a Locum for an Extended Period or otherwise where the Client and “24HR” have agreed that the Locum be placed for a specific period of time, if the Client wishes to terminate the Assignment before the end of the Extended Period or agreed term of the Assignment, the Client shall give written notice to “24HR” not less than one week's notice of such early termination of the Assignment. In the event that the Client wishes to terminate the Assignment on less than one week's notice, the Client shall be liable to pay “24HR” for the services of the Locum for the remainder of the week whether or not the Locum works that week.
13.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of
the Courts of England & Wales.
Signed for and on behalf of the
Client: .......................................................................
manager
Date: .............................................................................
...
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