Aunt Jessica Cares

Our Terms and Conditions

Terms and Conditions of this web site

The Aunt Jessica Cares website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using this site or placing an order through it you agree to be bound by these Terms and Conditions.

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Terms and Conditions of Business

Interpretation

In these Terms and Conditions, unless the contrary intention appears the following meanings shall apply:

the Client - means the person or company or associated company for whom the Agency has agreed to provide services in accordance with these Terms and Conditions

the Agency - Aunt Jessica Cares, 6 Buckingham Place, LONDON SW1E 6HR

Applicants - the workers introduced to the Client for permanent full-time or part-time or temporary employment

All dealings undertaken by the Agency are subject to these Terms and Conditions, which shall be incorporated or implied in any agreement, whether written or oral, between the Agency and the Client and shall prevail over the Client’s terms and conditions. No variation of these Terms and Conditions shall be binding unless confirmed by the Agency in writing.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or any other document or information issued by the Agency shall be subject to correction without any liablity on the part of the Agency.

These Terms and Conditions are deemed to be accepted by the Client by the virtue of its interview with, introduction to or employment or use of the Applicant directly or indirectly, whichever first occurs.

Search and Selection Fees

An introduction fee shall be payable by the Client to the Agency if:

(a) the Client engages or uses the services of, directly or indirectly, any Applicant introduced to the Client by the Agency.

(b) the Client directly or indirectly re-engages or uses the services of any Applicant within twelve months of any previous assignment of the Applicant to the Client by the Agency.

(c) the Client refers for employment any Applicant introduced to the Client by the Agency to any person, which results in the engagement of such Applicant by the person within twelve months of the introduction of the Applicant to the Client by the Agency.

The fees payable to the Agency by the Client for the introduction of each applicant shall be set out in the Agency’s scale of fees from time to time. Fees are non-refundable and for the European Union placements are subject to VAT and in all cases shall be paid in pounds sterling, unless otherwise expressly agreed in writing.

The Client agrees to notify the Agency immediately of any offer of employment, which it makes to the Applicant, and to notify the Agency immediately that its offer of employment is accepted by the Applicant concerned and to provide full details of the terms of the offer to the Agency.

Fees shall be paid by the Client to the Agency within seven days of receipt of the invoice, which receipt shall be deemed to be two days after the date of the postage or delivery of the invoice and the Agency shall be entitled to charge an additional administration fee of 2.5 percent per calendar month on all amounts owed by the Client to the Agency and to the charge the Client all reasonable costs of recovery, including but not limited to legal costs.

Client employing staff overseas are required by the Agency to pay in full all fees prior to the Applicant’s commencement of employment or departure from the UK, whichever is earlier.

Guarantee

If the Client informs the Agency, either verbally or in writing, within twelve weeks of the date of the date of engagement that the Client or the Applicant has terminated the engagement, and such notice is given within 48 hours of knowledge of the termination of engagement, the Agency will use all reasonable efforts to provide a suitable replacement Applicant, provided that the Applicant has not been engaged by the Client on a temporary basis at any at any time during the previous twelve months and that the Client has paid all sums due to the Agency under these Terms and Conditions.

In the unlikely event that the Agency is unable to locate a replacement Applicant, the Agency will issue a nontransferable credit note to the Client valid for a period of two years form the date of issue for an amount equal to ten percent of the fee.

General

The Agency accepts no liability whatsoever for any loss or damage of whatever nature arising directly or indirectly from any act or omission of any Applicant introduced by the Agency even if such act or omission is negligent, fraudulent or criminal and gives no warranty concerning the background, capability, physical and mental health, suitability or otherwise of the Candidate.

The Client shall be responsible for obtaining work and other permits, payment of any relevant tax or National Insurance, for the arrangement of medical examination and/or investigations into the medical history of any candidate and satisfy any medical and other requirements or qualifications required by law. Applications for personal, professional and academic references are the responsibility of the Client.

The Agency’s total liability to the Client shall under no circumstances exceed the total of all fees received by the Agency froM the Client in respect of the introduction of the Applicant. Under no circumstances shall the Agency be liable to the Client in respect to the Client or any other person for lost revenues, lost profits, loss of business, or any indirect or consequential damages of any nature whether or not foreseeable.

Introductions, placements and details of Candidates are confidential. The Client shall be liable for the full amount of ant Fees that would have been due to the Agency in the event of an engagement if it for any reason divulges any confidential information to third parties.

This agreement is not assignable without the prior consent of the Agency.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unforeseeable in whole or in part the validity of the other permissions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

These Terms and Conditions shall be governed and construed in accordance with English Law.

Last Updated: June 2005