Terms & Conditions of the Business
Supremely will take business under the following Terms and Conditions of business for the introduction of permanent or temporary private staff
1.1. Supremely acts as an introductory Agency which introduces a Candidate to a Client in the interest of being directly employed by the Client.
1.2. These Terms and Conditions are between Supremely and a Client and shall apply if:
1.2.1. the registration form between the Agency and the Client was agreed or/and
1.2.2. the Client instructs the Agency to submit Candidates by Supremely or/and
1.2.3. the Client passes the Candidate’s details to another employer.
1.3. The Client is entitled to a 14-day cooling-off period commencing from the date of submitting the registration form. During this time, the Agency shall not be obliged to commence provision of the services and the Client can cancel the agreement.
1.4. If the Client requires the Agency to provide the service within first 14 days of registration date, the Client must instruct this to the Agency in writing or orally and the cooling off period shall be cancelled.
1.5. The Client accepts these Terms and Conditions by interviewing a candidate introduced to the Client by the Agency.
1.6. Any variations of these Terms and Conditions must be agreed in writing by the Agency and the Client.
2. DEFINITIONS AND INTERPRETATIONS
2.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Agency" represents Supremely Ltd, the private staff recruitment Agency, a company registered in the United Kingdom
"Client" represents the family, an employer or third party representing them
"Candidate" represents an individual (any private staff) introduced to the Client by the Agency in the interest of seeking employment
“Client registration form” is the form completed with relevant information on vacancy offered by a Client in the interest of being introduced to a suitable Candidate by the Agency
“Engagement” means any full-time or part-time employment, engagement or use of a Candidate by a Client, with or without a contract
“Introduction” means the Agency provides a Client with any information concerning a Candidate or where a Client interviews a Candidate in person or by telephone following an instruction from a Client to search for a Candidate
“Agency introduction fee” means the fee is payable by the Client to the Agency for the services
“Remuneration” means any salary, fees, bonuses, commission, allowances, or other financial benefits payable by a Client to a Candidate for work
“Permanent placement” is full-time or part-time placement for over 12 weeks
“Temporary placement” is full-time or part-time placement for less than 12 weeks
“Trial” represents a Candidate’s limited time at the workplace, usually 1 or 2 days, when Client and Candidate assess their mutual suitability
“Services” means an introduction service whereby one or more Candidates were introduced to a Client by the Agency to work for the Client as private staff
2.2. The headings in these Terms and Conditions of business are for reference only and shall have no effect upon the interpretation of these Terms and Conditions.
2.3. Words imparting the singular number shall include the plural and vice versa.
2.4. References to masculine includes the feminine and vice versa.
3. CLIENT'S RESPONSIBILITIES
3.1. The Client shall:
3.1.1. cooperate with the Agency as may be required for the Agency to provide the services.
3.1.2. to provide a full detailed job description.
3.1.3. provide only true, honest, and complete information to the Agency and if any of the circumstances or requirements change, they notify this to the Agency.
3.1.4. immediately notify the Agency upon the acceptance of employment with them by a Candidate and provide details to the Agency about the date of work commencement, period of employment and remuneration.
3.1.5. satisfy themselves regarding the suitability of a Candidate and take up their own references and carry out a Criminal Records Bureau check.
3.1.6. adhere to all relevant Employment Law Regulations such as registration with HMRC, pay for Candidate’s taxes and national insurance contributions or all the relevant employment, taxation, and other legislation applicable in their respective country.
3.1.7. be responsible for obtaining any work permits or visas, any appropriate medical examination, medical history of the Candidate or other documentation necessary for the Candidate to work for the Client prior to the Candidate’s work commencement.
3.1.8. be responsible to pay the Candidate for the trial if the trial was requested for the Client and Candidate to access their mutual suitability.
3.1.9. have suitable insurance cover for employees and Public Liability insurance for domestic workers in place.
3.1.10. not share in any way the Candidate’s details with any other party, or agencies within 12 months of the Candidate’s introduction by the Agency.
3.1.11. have relevant household insurance for live in positions in place and provide a private suitable bedroom and access to bathroom.
3.1.12. give clear instructions and directions to the Candidate about the expectations and duties and where necessary, provide adequate supervision to the Candidate to enable the Candidate to carry out duties to the Client’s satisfaction and standards.
3.1.13. comply with all relevant legislation and regulations including, but not limited to, the Health and Safety at Work Act, The Working Time Regulations, The Sex Discrimination Act 1975, The Employment Equality (Sexual Orientation) Regulations 2003, The Race Relations Act 1976, the Employment Equality (Religion and Belief) Regulations 2003, and the Employment Equality (Age) Regulations 2006.
3.1.14. provide a contract of employment between the Client and Candidate and send a copy of it to the Agency.
3.1.15. immediately inform the Agency if the Candidate has been introduced to them by other parties. The Agency will immediately end the engagement to this Candidate. However, if the Client does not mention this to the Agency, the Client will be still eligible for full payment.
3.1.16. confirm that the Agency can use any medium or advertise job on the Internet to find the right Candidate.
3.1.17. pay the introduction fee to the Agency once the job offer was accepted by the Candidate.
4. THE SELECTION AND SUITABILITY OF CANDIDATES
4.1. The Agency shall:
4.1.1. agree to make every reasonable effort to introduce Candidates who are of sound character, honest and reliable, however the Agency cannot be responsible for the conduct of a Candidate or any inconvenience, damage or loss caused directly or indirectly by a Candidate.
4.1.2. take the time to thoroughly interview the candidates and obtain up-to-date CV, ID proof, references and Disclosure and Barring Service where reasonably possible to consider the suitability of the candidates. The final decision to select and employ the Candidate however remains the Client’s responsibility.
4.1.3. will notify the Client about the status of each documents from Clause 4.1.2.
5.1. The introduction fee is payable by the Client to the Agency for the introduction of a Candidate who accepted the Client’s permanent or temporary job offer.
5.2. The introduction fee is calculated as a percentage of the Candidate’s gross remuneration to be received during the first 12 months for a permanent job position or during the total time agreed for a temporary job position.
5.3. The introduction fees by the Agency are the following:
5.3.1. UK PERMANENT PLACEMENTS
188.8.131.52. Placements up to £49,000 salary
10% gross annual salary with 2-month replacement guarantee
12% gross annual salary with 6-month replacement guarantee
17% gross annual salary with 12-month replacement guarantee
184.108.40.206. Placements from £49,000+ salary
17% gross annual salary with 6-month replacement guarantee
20% gross annual salary with 12-month replacement guarantee
5.3.2. UK TEMPORARY PLACEMENTS
£50 per day for temporary nannies or £130/week
£250 per week for maternity nurses
Subject to a minimum fee of £250.
5.3.3. OVERSEAS PERMANENT PLACEMENTS
25% of the total annual gross salary
5.3.4. OVERSEAS TEMPORARY PLACEMENTS
£250 per week for single person
Subject to a minimum fee of £500.
5.4. The introduction fee becomes payable by Client to Supremely after the Candidate introduced by Supremely accepts the Client’s offer and the Client accepts Terms relating to a placement of a Candidate via email, oral, WhatsApp or other social media, voicemail or any other legally binding agreement.
5.5. Payment is due within 7 days upon receipt of invoice or before the Candidate’s job commencement date. The Agency reserves the right to charge interest for late payments at 5% per month.
5.6. The introduction fee is applicable for one engagement only. For any additional work position filled in by Supremely, a new introduction fee shall be charged.
5.7. The Client must pay the additional fees to the Agency if the Client changes
5.7.1. a part-time placement of a Candidate into a full-time placement and/or
5.7.2. temporary placement to permanent and/or
5.7.3. the working hours of a Candidate.
5.8. If the Client fails to inform the changes in Clause 5.7. to the Agency with the intention of bypassing the Agency’s fees, then the Client will be liable to pay the full fee plus 30% penalty surcharge.
5.9. If the Client or Candidate withdraws the acceptance of the employment offer and the Client subsequently employs the same Candidate within 3 years of the date of the introduction, the full introduction fee by the Client to the Agency is applicable.
5.10. If the job offer has been accepted mutually by a Candidate and Client but the Client has cancelled the offer, 50% of the placement fee will be payable to the Agency.
5.11. If the reduction of fees were successfully negotiated by the Client, replacement guarantee will be invalidated.
5.12. The full introduction fee remains payable if the Client or Candidate lawfully terminates the engagement due to job misrepresentation, redundancy, reorganisation or owing to any conduct on behalf of the Client amounting to a breach of the employment agreement.
5.13. All the fees are exclusive of VAT.
5.14. Fees are paid in pound sterling only.
5.15. The Client is responsible for all corresponding fees related to the bank transfer.
6.1. The Client can ask for a free replacement Candidate with a similar profile as according to the replacement guarantee of the introduction fee paid by the Client. The Client needs to notify the Agency in writing within 5 days of the Candidate’s date of departure.
6.2. During the first two weeks of start of the temporary Candidate placement, the Client can ask for a free replacement Candidate with a similar profile. The Client needs to notify the Agency in writing within 5 days of the Candidate’s date of departure.
6.3. Should a replacement not be found, the Client will be entitled to a refund in accordance with the Clause 7.2.
6.4. The Agency will not offer a replacement Candidate to the Client if:
6.4.1. the Candidate terminates the employment with the Client due the Terms in the contract being breached by the Client, the Client was physically or verbally aggressive towards the Candidate or poor working Conditions placing the Candidate into a health and safety risk, or the Client has not followed all relevant Employment Law Regulations such as registration with HMRC, pay for Candidate’s taxes and NI contributions.
6.4.2. the information in the Client registration form proves to be untrue.
6.4.3. the invoice has not been paid by the Client.
6.4.4. the Client has changed the working hours and duties from the contract.
6.4.5. the reduction of fees was successfully negotiated by the Client.
7. REFUND OF FEES
7.1. In the rare event that the Candidate turned out to be unsuitable, the Client can ask for a free replacement, subject to a valid replacement guarantee, or asks for a refund within the first 8 weeks of the Candidate’s commence of employment.
7.2. Refunds by the Agency can be given according to the number of the weeks of Candidate’s job commencement date:
Week 1: 90%
Week 2: 80%
Week 3: 70%
Week 4: 60%
Week 5: 50%
Week 6: 40%
Week 7: 20%
Week 8: 10%
No refunds after Week 8.
7.3. If the Candidate terminates employment with the Client due the terms in the contract being breached by the Client as per Clause 6.4., the replacement guarantee or refund will be invalidated by the Agency.
8. DATA PROTECTION
8.1. The Client must comply with the provisions of the Data Protection Act 1998 and any other relevant data protection legislation when processing or dealing with personal data relating to Candidates. All information is confidential.
8.2. The parties acknowledge, as required by the Data Protection Act 1998, that the Client is the data controller, and the Agency is the data processor.
8.3. The Agency or any agent or third party nominated by the Agency will process the Client’s and Candidate’s Personal Data they both provide for the purpose of introductions between Candidates and Clients or fulfil the services. Processing includes but is not limited to obtaining, recording, using and holding data.
8.4. All information provided by either party shall remain confidential and will not be disclosed by to any third party, unless required by law or regulation.
8.5. All parties shall take appropriate technical and organisational measures to adequately protect all personal data against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, or disclosure.
8.6. Any enquiry, concern, or complaint about how the shared personal data was handled or awareness of personal data breach will be notified to the Agency without undue delay.
9.1. All the information provided to any party is confidential and shall not be shared with anyone who is not directly involved with the process.
9.2. If the Client introduces the Candidate to a third party who subsequently employs the Candidate, then the Client will pay the full Agency’s introduction fee with no replacement Candidate guarantee.
10.1. The Agency shall not be liable or responsible for any loss, damages, delay, inconveniences, death, personal injury whether direct or indirect, suffered or incurred by the Client, Client’s family, servants or Client’s assets as a result of the introduction of a Candidate to the Client by the Agency, the engagement of a Client introduced by the Agency or the failure of the Agency to introduce any Candidate to the Client.
11.1. If any provision of these Terms of Business is found by any court of competent jurisdiction to be invalid, illegal or unenforceable in whole or in part for any reason such provision shall be ineffective or deemed modified to the extent necessary to conform to applicable law and the legality, validity or enforceability of remainder of the provisions hereof shall not be affected.
12.1. No failure or delay by either party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of them and not waiver by either party of any breach of the Terms and Conditions by the other shall be deemed as a waiver of any subsequent breach of the same or any other provision.
13.1. These Terms and Conditions are subject to the laws of England and Wales.
13.2. The Agency has the right to update these Terms and Conditions.