General Terms of Business
- In these Terms and Conditions of Business the following expressions shall be given the following meanings:-
- “Candidate”: a person introduced by Triumph to the Client as a permanent placement.
- “Triumph”: Triumph Consultants Limited or any of its subsidiaries or associated companies.
- “Client”: any person, firm, partnership or company who requests Triumph to introduce a Candidate or a Temporary.
- “Conditions”: the Terms and Conditions of Business comprised in Parts I, II and III of this document.
- “Engagement”: the employment or other use, whether as an employee or consultant or under a contract of services or contract for services or otherwise.
- “Temporary”: a person introduced by Triumph to the Client as a temporary placement.
- These Terms and Conditions take effect from February 2003 and supersede all previous Terms of Business of Triumph in relation to any instructions it receives after that date.
- These Terms and Conditions may not be varied except by the express permission of a director of Triumph in writing. In the event of any conflict between these Terms and any other terms and conditions these Terms shall prevail unless expressly otherwise agreed in writing by a director of Triumph.
- All accounts and charges are payable within 14 days from date of invoice.
- VAT is payable on all charges at the prevailing rate.
- Triumph reserves the right to charge interest on overdue invoices pursuant to The Late Payment of Commercial Debts (Interest) Act 1998.
- The Client acknowledges that the limitations and exclusions of the obligations and liabilities of Triumph set out herein are reasonable and reflected in the charges payable to Triumph hereunder and shall accept risk and/or insure accordingly.
- Triumph reserves the right to review and revise these Terms without prior notice.
- These Terms shall be governed by and construed in accordance with the laws of England and Wales.
- The liability of Triumph to the Client in the event of any dispute concerning or under these Terms is limited to a sum not exceeding the amount of commission (excluding VAT) due to Triumph in respect of the matter under dispute.
- Triumph can accept no liability whatsoever for any loss, damage, costs or expenses howsoever caused which the Client may suffer or for which the Client may become liable arising out of or in connection with or as a result of the introduction to the Client or the engagement by the Client of a Candidate or a Temporary provided nothing in this clause 11 shall be construed as purporting to exclude or restrict any liability of Triumph to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1997) nor any statutory liability or any exclusion or limitation which is prohibited by law.
Temporary Staff Terms
- The Conditions contained in this Part 2 shall apply to the introduction of temporary staff.
- Triumph’s responsibilities to the Client are, when so requested, to verify references and qualifications and to use reasonable endeavours to select a Temporary suitable for introduction to the Client in accordance with the Client’s requirements as to skills and experience as notified to Triumph. It is the Client’s responsibility to supply Triumph with sufficient information to allow Triumph to select a Temporary with suitable abilities, qualifications and skills.
- By asking Triumph to introduce the Temporary the Client is deemed to have accepted these terms of business. For the purposes of this clause the word “introduce” shall be deemed to include without limitation the provision by Triumph of any details whether written or oral of a candidate for temporary employment.
- The charge made for the Temporary’s services will consist of the Temporary’s pay, any expenses to be reimbursed, employers’ National Insurance Contributions (where applicable), statutory sick pay (where applicable), plus Triumph’s commission and VAT thereon.
- The Temporary will be employed by Triumph under a contract of service. Triumph will pay the Temporary’s wages and make appropriate deductions for earnings related insurance and income tax and will account to the Inland Revenue for these deductions.
- Overtime and shift premiums (unless otherwise agreed prior to the assignment) are payable on the following basis:
- Overtime premium of 50% of the hours worked during the overtime period (i.e. one and a half times standard rate) will be applied to any hours in excess of 7.5 hours on a weekday and on all hours on a Saturday.
- Overtime premium of 100% (i.e. two times the standard rate) will be applied to all hours worked on a Sunday or a Bank Holiday.
- Triumph will use reasonable endeavours to ensure that the Temporary will be satisfactory for the Client’s requirements. If at any time the Temporary proves to be unsatisfactory the Client should notify Triumph and a two-day credit will be made provided the Temporary’s services are discontinued immediately.
- The Client is responsible for ensuring that the Temporary’s ability, qualifications and skills are adequate to operate any equipment, machinery and/or vehicles that the Temporary may be called upon to operate and the Client will be solely responsible for any liability whatsoever which may arise there from.
- The Client is responsible for providing adequate insurance whilst the Temporary is under the Client’s direction and control, to the extent that the Temporary and Triumph have full benefit of coverage for any liability that might arise. The Temporary is under the direction and control of the Client for the duration of his/her assignment.
- The Client undertakes to comply with all obligations duties and regulations (whether statutory or otherwise and without prejudice to the generality of the foregoing those relating to the place nature or system of work) in any way arising from or directly or indirectly connected with the services rendered by the Temporary and will indemnify Triumph and/or the Temporary against any liability, loss or damage whatsoever arising thereunder in connection with the assignment of the Temporary.
- Whilst the Temporary is under the Client’s direction and control, the Client is responsible for ensuring that the Temporary receives entitlements to rest breaks and rest periods in accordance with the Working Time Regulations 1998 (“the Regulations”) and for ensuring that the Temporary’s Working time does not exceed the limits imposed by the Regulations unless Triumph has informed the Client that the Temporary has agreed to exclude the operation of the Regulations in respect of the 48 hour working week. The Client will inform Triumph of any work which the Temporary is to perform which involves special hazards or heavy physical or mental strain and of any collective or workforce agreement in existence under Regulation 6 (8)(a) which identifies such work.
- If within six months of introduction of the Temporary or the completion by the Temporary of an assignment (whichever is later) the Client agrees to employ or make use of the Temporary in any capacity whether temporary, permanent or self-employed otherwise than directly through Triumph or the Client refers the Temporary to an associated or subsidiary company of the Client or to any third party who so employs or makes use of the Temporary, the Client will be liable for a fee of 400 x the Temporary’s hourly rate without entitlement to rebate or such other introduction fee as shall be calculated in accordance with Triumph’s fees for permanent introductions in force from time to time and in either case VAT shall be paid in addition at the prevailing rate.
- The Client shall notify Triumph immediately on engaging or making use of the Temporary introduced by Triumph.
- The Client will sign the timesheet and such signature by the Client on behalf of Triumph on the timesheet, charge sheet or other formal confirmation of the completed assignment shall be deemed conclusive evidence (a) that the Client is satisfied with the work done by the Temporary or Temporaries concerned and (b) that the Client will pay the charges in full without dispute or deduction. Failure, however, by the Client to sign any timesheet or charge sheet shall not preclude charging by Triumph in full for all time actively worked by the Temporary in accordance with these conditions. Furthermore, unless and until Triumph is notified of dissatisfaction as provided by clause 18 hereto, the Client shall be deemed to be fully satisfied.
- The Client shall not allow the Temporary to undertake any work other than that which has been notified by the Client to Triumph in placing its order for the Temporary.
- In addition to any right to interest arising from the Client’s failure to pay Triumph’s invoice within fourteen days from the date of invoice Triumph shall in such circumstances be entitled to terminate without prior notice each and every assignment concluded under these Terms between Triumph and the Client.
- In consideration of Triumph entering into an agreement with the Client into which these Terms are incorporated the Client undertakes to indemnify Triumph in respect of any and all liability of Triumph for:
- Any loss injury expense or delay suffered or incurred by the Temporary however caused;
- Any loss injury damage expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts or omissions of the Temporary whether wilful reckless fraudulent negligent dishonest or otherwise;
- Any loss injury or delay suffered or incurred by Triumph as a result of any act or omission of the Client.
Provided that this indemnity is given only in respect of any such loss injury damage expense or delay caused during or arising directly out of or in any way connected with the relevant assignment.
- The Conditions contained in this Part 3 shall apply to the introduction of permanent staff.
- Subject to these Conditions Triumph will use its reasonable endeavours to introduce a suitable Candidate to the Client.
- The Client will notify Triumph immediately an offer of employment is accepted by a Candidate or upon the commencement of an Engagement (whichever occurs first) and shall supply full details of that employment or Engagement.
- Notwithstanding Condition 30, the Client shall satisfy itself as to the suitability of any Candidate before engaging such Candidate and in particular (but without prejudice to the generality of the foregoing) shall be responsible for taking up and verifying any references provided by any Candidate and/or Triumph and confirming and verifying any professional, academic or vocational qualifications.
- The Client shall be responsible for obtaining such work and other permits and satisfying any medical requirements or investigations as may be required by law.
- Introductions and the identity of Candidates are confidential. The Client undertakes that in the event of the Client introducing (directly or indirectly) any Candidates to another person, firm, partnership, limited liability partnership or company, including (without limitation) any subsidiary, associated or holding company of the Client, resulting in an Engagement (which the Client shall immediately notify to Triumph with full details of the Engagement) the Client shall pay to Triumph a fee calculated in accordance with Condition 35 herein.
- The Client shall be liable to pay a fee to Triumph immediately an offer of employment is accepted by a Candidate or upon the commencement of an Engagement (whichever occurs first). The fee is calculated by reference to Triumph’s scale of fees in force from time to time a copy of which the Client confirms it has received and is based upon the annual remuneration the Candidate is or may be entitled to earn from the Client. For the purposes of this Condition annual remuneration shall mean the gross annual taxable salary, bonuses and allowances assuming (where the salary and/or bonuses are commission or target based) that all targets have been achieved. Where any other benefit is to be provided to the Candidate the annual remuneration of the Candidate shall be deemed to have been increased by a sum equal to Triumph’s reasonable estimate of the total of all benefits to be so provided in the first year of the Candidate’s employment with the Client.
Modern Slavery Policy
Triumph Consultants Ltd acknowledges unequivocally that modern slavery is an indefensible, repugnant and morally reprehensible violation of an individual’s human rights. As a socially responsible company, it is committed to doing everything within its power to ensure that, so far as is reasonably practicable, slavery and human trafficking plays no part in its business or in its supply chains.
Although not directly subject to the provisions of section 54 of the Modern Slavery Act 2015, the Company recognises that it has a responsibility to actively assist others in its supply chains in fulfilling their obligations under the act. It is in that spirit that this policy statement is published.
The Company undertakes to mitigate the potential for slavery to exist within its own structure and within its supply chain by performing due diligence checks and proceeding in the following ways:
- Continual review of our internal procedures and practices to ensure that all of our employees, whatever the basis of their employment, have the legal right to work in the United Kingdom, earn at least the appropriate minimum wage, are not subject to working excessive hours and are not exposed to unsafe working conditions;
- Invocation of internal disciplinary procedures against any employee suspected of involvement in modern slavery;
- Provision of information and, where required, training to our employees about the nature of modern slavery, our procedures for combatting it and the indications by which potential slavery may be recognised;
- Institution of stringent assessment procedures to ensure, so far as is reasonably practicable, that our suppliers are not involved in any way with modern slavery and, where required, that they have provided us with an undertaking to that effect;
- Immediate termination of relationships with suppliers who are unable to satisfy us of their ability to adequately vet their own supply chain or who are found to be in material breach of their undertaking to us in this respect;
- Company support and full protection for whistle blowers who identify individuals or companies that appear to breach the provisions of the Modern Slavery Act 2015.
- Unconditional reporting of suspected breaches to the authorities at the earliest practicable opportunity.
This policy will be communicated to all employees and will be made available to other interested parties. The Company undertakes to apply the policy equally, fairly and without exception. It will also review the policy annually in order to monitor its effectiveness and to reflect changing needs and circumstances.
The Director signing below is responsible for ensuring that this policy is implemented fully.
Triumph Consultants Ltd
Date: 1st March 2019