TERMS AND CONDITIONS OF SAFFRON VANILLA CO LTD
Supply of Temp or Permanent workers
EMPLOYMENT STATUS and INVOICING
1.1 All relief chefs or freelance chefs / Temporary Workers are not employees, of Saffron Vanilla.
1.2 Saffron Vanilla (Agent) will charge the (Client) the Negotiated Hourly Fee plus VAT charged at 20% each hour the chef works, the Hourly Fee will be doubled on Bank Holidays and tripled on Christmas Day. More senior roles command a different rate. This is available on request.
1.3 ALL INVOICING INCLUDES VAT
1.4 Minimum contracted Daily hours for this assignment will be 7 hours and no less
1.5 Minimum contracted hours per day/shift will be 7 hours.
1.6 A minimum 40 hours is required (40 Hour rule applies) only over 5 days applies
1.7 Travel expenses on a return journey basis one way to the job only.
1.8 If the chef is from Outside his normal working area suitable Accommodation must be provided.
2. THE CONTRACT
2.1 Saffron Vanilla will receive the relevant information from the chef in form of a CV and will fill in all the relevant details to register with Saffron Vanilla. This information can then be shared with the client once all the relevant documentation is in place to complete the contract if requested from the client.
3.1 The Client, agrees to pay charges of Negotiated rate to Saffron Vanilla, for the supply of a Relief chef different levels of chef will incur higher fees will be Charged as notified at the commencement of the assignment. The charges are comprised mainly of the Temporary Chef Position only. Any travel, hotel or other expenses as may have been agreed with the Client and the Chef with consultation before contract commences.
3.2 The charges are invoiced to the Client weekly and are payable 30 days (CREDIT) from invoice–COMMENCEMENT OF CONTRACT is by signing this document. Payments must be sent to Saffron Vanilla with a cash or bacs payment.
3.3 The Agent reserves the right to charge interest on any overdue amounts, which you will be notified prior to interest being charged. Any overdue payment not paid within the credit period will be forwarded to our Debt collection agency and more charges will be incurred. Further action will be taken.
3.4 Temporary Workers/Full time workers are engaged by the Agent under contract for services. They 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 agrees to be responsible for all acts, errors or omissions of the Temporary/Freelance Worker, whether willful, negligent or otherwise.
4. FULL TIME INTRODUCTION FEES
4.1 The direct engagement by a client of a permanent member of staff or Temporary Worker introduced by the Agent, or the introduction by the Client of a Temporary Worker or permanent worker or member of staff to any third party resulting in an engagement, whether the position is internally or externally advertised renders the Client subject to payment of an introduction fee calculated in accordance with the accompanying scale of fees for permanent introduction at; 10% Gross annual salary. This incorporates the possibility of the Temporary Worker working for the Client on a SELF-EMPLOYED BASIS for a period of 12 months from the date and signature of this document. On direct appointment provided, that the Engagement takes place within a period of 12 months from the termination of the Assignment under which the Temporary Workers was last supplied, or if there was any assignment, within 12 months of the introduction of the Temporary workers by the Agent. Vat is payable in addition to any fee due. All Fees must be paid by the client in full within 30 working days or on negotiated terms set out by the agent and agreed by the Client. This includes if the client breeched our contract/terms and conditions and does not inform the agency/Saffron Vanilla that they have approached or hired an introduced temporary worker you will incur a 10% introductory fee void of all refund clause and payback.
5.1 Whilst every effort is made by the Agent to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from the Temporary Workers/Introduced or full time worker or freelance worker and further to provide them in accordance with the Clients booking details, the Agent is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Workers/full time or freelance worker for all or part of the period of or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker/full time worker. For the avoidance of doubt, the Agent does not exclude liability for death or personal injury arising from its own negligence, but all other warranties whether statutory or otherwise are excluded to the full extent allowed by law.
REFUNDS AND PAYBACKS for permanent recruited workers.
In the unlikely event that either party are not happy the following sliding scale of refunds apply
Up to 4 weeks= 50 % refund and the chance to find a replacement chef that is agreed by yourself.
5-6 weeks 25 % refund
7-8 weeks 20 % refund
9-12 weeks 10% refund
5.2 The Client will also comply in all respects with all statutes including, without limitation, the Working Time Regulations, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Clients own staff (excluding the matters specifically mentioned in Clause 5 above), including in particular, the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary/Freelance Workers during all Assignments. The Client shall also advise the Agent of any special health and safety matters about which the Agency is required to inform the Temporary Workers. The Client will assist the Agency in complying with the Agency’s duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Agent and the Client will not do anything to cause the Agent to be in breach of its obligations under these regulations. Where the Client requires the service of a Temporary Workers for more than 48 hours in any week, the Client must notify the Agent of this requirement before the commencement of that week.
5.3 The Client shall indemnify and keep indemnified the Agent against any losses, damages of claims arising out of a non-compliance by the Client with Clause 6.2 and or as a result of any breach of these Terms by the Client.
5.4 The Agent does not take any responsibility if the temporary or full-time worker leaves their job because of the behavior of the any of the Client’s staff, Managers or Owners and refund penalties will be NO Refunds, due to mistreatment or miss selling or misleading of job roles or description or unacceptable behavior toward the worker. If the temporary/freelance or fulltime worker is mistreated, verbally or physically abused by any member of the client’s team or are asked to undertake tasks that are unreasonable to the position, and this mistreatment leads to the termination of that workers contract the client is liable to pay the remainder of that full invoice direct to the Agent.
6.1 The Client undertakes to supervise the Temporary Workers sufficiently to ensure the Client’s satisfaction with the Temporary Workers standards of workmanship. If the Client reasonably considers that the services of the Temporary Workers are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Workers to leave the Assignment immediately, or by directing the Agent to remove the Temporary Workers. The Agent may discretionally in such circumstances reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates: a) within four hours of the Temporary Workers commencing the Assignment where the booking is for more than seven hours; or / b) within 24 hours of bookings of seven hours or less. If the client wishes to terminate the contract of the agent a full two weeks 14 days’ notice is required or full payment of two weeks wages per chef is paid direct to the agent without dispute within the terms of payment agreed in clause 3.2, 30 days from receipt of invoice.
6.2 Any of the Client, the Agent or the Temporary Workers may terminate an Assignment at any time without prior notice and without liability.
6.3 The Client shall notify the Agent immediately and without delay and in any event within 24 hours if the Temporary Workers fails to attend work or notifies the Client that he is unable to attend work for any reason.