Terms & Conditions
Please read our Terms & Conditions below
Terms and Conditions for Kite Human Capital Limited (hereinafter referred to as “Company”) and Client (hereinafter referred to as “Client”) and Temporary Worker (hereinafter referred to as either “worker” or “temporary worker”. Confirmation of agreement of all terms and conditions is considered agreed by virtue of continuing to use the site or create any agreement with Company.
1.1These Terms and Conditions shall apply to:
a. Any business that is undertaken or proposed for the client, and
b. any assignment of employment by the Client of any worker introduced by Company.
1.2 Any client use of a CV provided by the company to the client will confirm the full acceptance of all terms and conditions herein, which represent the full terms for service.
2. The Temporary Worker
2.1 Company will use a reasonable level of skill and care in the introduction of any temporary worker or potential applicant to the Client.
2.2 Client will provide details of the assignment with the pay rate, description of assignment and any other information necessary to enable the company in finding a suitable placement for the assignment.
2.3 Company will confirm that temporary worker is able to legally work in the UK and will obtain work references as well as professional qualifications where appropriate.
2.4 Company will not be responsible for arranging any type of work permit, insurance or other incidental requirement of an engagement between Client and temporary worker.
2.5 Client understands that they have the final say as to whether or not to accept any temporary worker for the assignment they are offering.
2.6 Client understands that a 7-day notice period is required to end any assignment and where shorter notice is given, a fee will be applied based on the full course of accrual if the assignment ran until original date of completion.
3. The Assignment
3.1 Temporary workers will be supervised and directed by Client throughout the work assignment and Company will not be liable for any Client loss relating to direct or indirect losses.
3.2 Client will make company and placement worker aware of any health and safety or security requirements that need to be observed on client’s premises.
3.3 Client agrees to maintain an electronic or written record of times worked by each temporary worker on a timesheet, that is provided to the company in regular weekly intervals. Any timesheet which is not in dispute after 7 days will be deemed valid.
3.4 Company is responsible to pay the temporary worker and will make all appropriate tax deductions as necessary. Client will have no direct liability to the temporary worker in terms of tax or payment, and Client agrees to pay Company directly in relation to all fees and timesheets.
4.1 The Client shall pay both the Assignment Fees and the Pay Rate.
4.2 Any agreement on fees will be confirmed in writing between Client and Company.
4.3 Assignment Fees and Pay Rate do not include VAT, which will be charged in addition to the fees.
5. Direct Engagement of Temporary Workers by the Client
5.1 If the Client engages any temporary worker directly within the relevant noncompetition period the Client will owe the Company a transfer fee. Client needs to give advanced notice to extend any assignment or before any offer of permanent employment is made to the worker.
6. Payment Timeframe
6.1 Client will pay invoices sent by Company in full within 7 days of the invoice date.
6.2 If no disputes are raised within 7 days of the issuance of a timesheet then the information within the timesheet will be considered valid.
6.3 Any third-party fees incurred by Company in recovering amounts due by Client will be payable by Client.
6.4 Temporary workers engaged through the Company will be paid on a 30 day cycle and understand that their payment will be minus the relevant national insurance and PAYE deductions where required.
7. Confidentiality and Data Protection
7.1 Each party will hold information in compliance with GDPR regulations and all information will be considered confidential between parties. Any CV provided by the Company to the Client will be kept in compliance with GDPR regulations and deleted when it is no longer relevant.
7.2 Both parties agree to strict privacy and data protection compliance and all related regulations included the Data Protection Act and the Electronic Communications Act.
Agency Workers Regulations
Clients will provide Company with any information that Company feels is necessary for Company’s compliance with the agency worker regulations.
8. Auto-Enrolment and other statutory payments
Company is required to automatically enrol any eligible temporary worker that is engaged on a PAYE basis into a qualifying pension scheme as well as make contributions to that pension. Company is entitled to charge the Client for any increase in Company’s “employment costs” associated with engaging the temporary worker which includes but isn’t limited to increased ‘employer’ pension contribution requirements, employer’s national insurance, apprenticeship levy or other associated administration.
9. Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of England. Any dispute relating to these Terms and Conditions, wil be subject to the courts of England and Wales.
10.1 Neither party will be liable to the other in connection or under these terms, for any consequential or indirect loss, loss of business, loss of profits, loss of revenue, reputation or regulatory fines. Nothing in the terms limit warranty, exclusion or liability limitation allowed by statue.
10.2 In any case, liability to either party will be limited to 120% of the payable assignment fees.
10.3 For 12 months after the date of engagement, Client will not try to entice worker away from Company and if this provision is breached a payment of 50% of the salary package will be due.
10.4 If any clause within these t&c is found to be unenforceable it will be severed from the rest of the terms, which will still be wholly enforceable.
10.5 Force Majeure- If either party is prevented from performing their obligations under these terms by circumstances beyond the control of that Party then that party will not be liable for what would have otherwise been a breach of these terms and condition, provided it is obvious that the party was acting reasonable when the force majeure happened.
10.6 Temporary workers understand that they are required to provide valid references and copies of any qualifications or certifications that they hold which they are depending upon to complete any assignment (i.e. only certifications relevant to the work are required).
Definitions and Interpretation
The following words shall have the following meanings unless the context dictates otherwise.
shall for example mean any advertising campaign, additional pre-employment screening requirements or the like for a specific Assignment, Payroll Fees or any other agreed supplementary charges.
means the temporary role performed (or to be performed) by a Temporary Worker for the Client.
means the fees due to Company in relation to a specific Assignment calculated.
means the Agency Workers Regulations 2010.
Work performed by Company in relation to the sourcing of temporary workers.
You or the company whom you are representing.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Where any Temporary Worker Introduced to the Client is: (i) employed directly by the Client (either on a fixed term basis or on a contract of indefinite duration); (ii) engaged by a third party for the benefit of the Client; or (iii) engaged directly by the Client on a temporary contract for service. The term “Direct Engagement” and “Directly Engaged” shall have the corresponding meaning.
Assignment Fees and Pay Rate.
The document which confirms the fees as agreed between the Parties.
The communicating (through whatever medium) of a Temporary Worker’s CV, a long or short list of Temporary Workers and/or details of a Temporary Worker by Company to the Client or any other verbal or written communication between RW and the Client that enables the Temporary Worker to be identified and “Introduction” and “Introduce” shall mean the same.
Collectively, Company and the Client and each individually shall be referred to as a “Party”.
The hourly or daily rate of gross pay agreed between the parties for any Assignment.
The annual anticipated gross remuneration package which includes gross annual salary and all applicable benefits.
Any person Introduced by Company to the Client who may be engaged by Client for an Assignment on a contract for services as either: (i) a PAYE worker; or (ii) a limited liability contractor (either through a personal services company or an umbrella company).