| 1. |
These terms and conditions govern
the provision of temporary staff by PAS Medical Ltd (hereinafter
called "PAS") and the acceptance of temporary staff from
PAS shall be deemed acceptance of these conditions of business. |
| 2. |
When an Agreement shall have been
reached between PAS and a client for PAS to supply temporary staff,
PAS shall use its best endeavours to supply the required staff. But
without being under any obligation to supply any particular person
or being liable for any loss in the event that PAS cannot by reason
of sickness, unavailability or any other reason supply staff for any
particular time. |
| 3. |
The charge which shall be paid by
the client shall be hourly in respect of each person supplied by PAS
and such charge shall include all fees and emoluments calculated in
accordance with the scale of charges supplied to the client. |
| 4. |
In the event of a contract of
over four weeks being terminated a notice of two weeks is requested.
Failure to notify PAS of this event a fee shall be calculated in
accordance with PAS's current scale. Should the worker be offered a fixed term
or permanent contract, four weeks notice is requested in line with the PASA Framework. |
| 5. |
PAS shall be responsible for
payment of the remuneration, deduction and payment of statutory
contributions applicable to the worker supplied as required by law.
|
| 6. |
PAS endeavours to ensure the
arrival of any temporary person and that the services supplied are
satisfactory and that any worker supplied is sufficiently capable of
carrying out the services and work for which the client engaged PAS
to supply a worker. Endeavours are made by PAS to ensure that the
Client is satisfied with the services of the temporary worker. In
the event of services provided failing to satisfy reasonable
standards required by the Client a charge will not be payable by the
Client provided the Client notifies the Business within 4 hours of
commencement of duties and confirms the same in writing within seven
days. |
| 7. |
In the event that the client
engages a particular worker supplied by PAS either in respect of
additional work during the period of the supply or within twelve
months thereafter, then the client shall on engaging the worker
supplied, pay PAS an introduction fee calculated in accordance with
PAS's scale of fees in force at the time of introduction of
permanent staff. |
| 8. |
Although any worker supplied to
the client is employed under a contract of service with PAS, the
worker shall at all times be subject to the reasonable supervision
and instruction of the client from the commencement of the duties by
the worker for the duration of the booking. The client shall, inter
alia,
| (I) Determine the manner in
which the services provided by the worker are to be carried out
(provided that the client shall not be entitled to insist that
the worker carries out any other duties other than those for
which she was supplied by PAS or that she shall work at any
place other than that agreed previously with PAS); |
| (ii) Be responsible for all
acts and omissions of such worker, whether wilful, negligent or
otherwise as if the worker was an employee of the client;
|
| (iii) Comply with all
policies, codes of practice and legal requirements to which the
client is subject in respect of the client's own staff
including, but without prejudice to the generality of the
remainder of this Agreement, providing adequate employers' and
public liability insurance in respect of the worker as if the
worker was the client's employee. |
|
| 9. |
PAS shall not be liable for any
loss, damage or expense whatsoever, suffered or incurred by the
client arising from, or in any way connected with, the supply by PAS
to the client of any person for all, or part of the period of the
booking of the client. |
| 10. |
The client shall indemnify PAS
for any loss or expense incurred by PAS suffered either directly or
indirectly as a result of a worker being employed by the client
(other than the normal payment and remuneration including deductions
and statutory contributions applicable to the worker). |
| 11. |
No variation of these terms and
conditions can be made without written consent PAS. |