Terms and Conditions for the Introduction of Chefs and Kitchen Staff to be directly employed by Clients of Chefs on the Move

1. These Terms and Conditions of Business are between Chefs on the Move (“the Company”) and the employer (“the Client”) and are deemed to be accepted by the Client by virtue of the Client’s employing an applicant (“applicant”) who has been introduced to them by the Company (whether the introduction has been direct or indirect and whether the employment is under a Contract of Employment, Contract of Service or Services or under any agency, licence, franchise, partnership or other agreement).

2. The Company will use its best endeavours to introduce suitable applicants for positions offered by the Client. However, full responsibility rests with the Client to satisfy itself that the applicant has all necessary and appropriate skills and qualifications required to perform the duties which the Client requires and is not prohibited for any reason from so doing and, in this respect, the Company strongly recommends that the Client takes up any references (including confirmation of any professional qualifications provided by the applicant) prior to giving the applicant an offer of employment.

3. The Total Fee payable by the Client to the Company for the introduction of an applicant is detailed in the attached Scale of Charges. The Scale of Charges may vary from time to time but the Scale of Charges applicable at the time that these Terms and Conditions are accepted will remain in force subject to any subsequent variation which will be agreed with the Client prior to the introduction of an applicant.

4. The Total Fee due by the Client to the Company, for the introduction of the applicant as an employee of the Client, is due and payable to the Company within 14 days of the date of invoice. Interest will be incurred by the Client at a rate of 2.5% per month for each month of delayed payment.

5. (a) Should the applicant leave the Client’s employment within the first two weeks of employment, the Administration Fee referred to in the attached Scale of Charges will be due by and charged to the Client. Any balance of the Placement Fee already paid by the Client will be waived or refunded by the Company to the Client.
(b) Should the applicant leave the Client’s employment after two weeks but before the end of the first six weeks of employment, 50% of the Placement Fee due to the Company shall be waived or refunded by the Company to the Client.
(c) Should the Client or any subsidiary or associated company of the Client subsequently re-engage the applicant within a period of twelve calendar months from the date of termination or withdrawal of the offer of employment, the Total Fee due to the Company will be due and payable (with no entitlement to any refund) and subject to interest in terms of Clause 4.
6. The Client agrees:
(a) to keep all details of introductions made by the Company strictly confidential;
(b) that in the event of its passing on an introduction to any other subsidiary or associated company of the Client or to any other employer, which results in the applicant being employed by such other Company or employer, the Client will be liable for payment of the Total Fee due to the Company and subject to interest in terms of Clauses 3 and 4;
(c) to notify the Company within forty-eight hours of an applicant’s accepting its offer of employment;
(d) to notify the Company immediately of any change in circumstances which may result in a reduction in fee, an increased fee or payment of the Total Fee in terms of Clauses 5 and 6;
(e) to pay timeously all fees due to the Company;
(f) to enter into a Contract of Employment on reasonable terms with and to pay the successful applicant an appropriate or any agreed wage; and
(g) to comply with all Statutes, Regulations, Codes of Practice and other legal requirements to which the Client is subject in relation to the employment of an applicant introduced by the Company.

7. The Company shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Company’s seeking out an applicant for the Client or the Company’s introducing an applicant to the Client or the subsequent engagement of an applicant by the Client or in respect of the applicant being unable for any reason to perform his or her duties in a manner satisfactory to the Client.

8. These Terms and Conditions may not be varied without the express prior written consent of the Company.

9. These Terms and Conditions are governed by and in accordance with the Law of Scotland.

Schedule
Administration Fee £ 50.00
Placement Fee £250.00
Total Fee £300.00

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