Terms and Conditions of Business - Ireland

Terms and Conditions of business for the introduction of temporary and contract staff.

1. In these Terms and Conditions the following definitions shall apply: "Kelly" means Kelly Services (Ireland), Limited or any of its associate or subsidiary companies. The registered head office of Kelly Services (Ireland), Limited is situated at 21-22 Grafton Street, Dublin 2. "Client" means any party to a contract with Kelly for the supply of Services.
   "Temporaries" means any person(s) supplied to the Client by Kelly to carry out the Services. "Services" means those services, including but not limited to temporary services, which Kelly agrees to supply to the client. 
2. These Terms and Condition of Business shall be deemed to be incorporated in any quotation submitted by Kelly to the Client. No contract shall be concluded between Kelly and the Client unless and until the Client shall have accepted these Terms and Conditions either expressly or by implication, and consequently anything in any document inconsistent with these Terms and Conditions or any part thereof shall be deemed to be void and of no effect and every such document shall be deemed to include and/or incorporate these Terms and Conditions. 
3. Kelly agrees to furnish the Services to the Client. 
4. Temporaries are under the direction and control of the client at all times for the duration of the Services and accordingly the Client agrees to be responsible for acts, errors and omissions of Temporaries at all such times as if the Temporaries were employees of the Client. The Client will accordingly be responsible for maintaining at its own expense adequate insurance (including Employers and Public Liability Insurance) in relation to the Temporaries, which will apply at all times for the duration of the Services. 
5. The Client agrees to indemnify Kelly against all claims, costs, expenses and any other liabilities incurred by Kelly as a result of, in connection with, or arising out of the provision of Services to the Client, whether such claims are brough t by employees or customer of the Client or by any other person, firm or company including but not limited to members of the general public. 
6. The Client will not entrust Temporaries with the handling of cash, negotiables or other valuable without prior written permission from Kelly. 
7. The Client will not direct or procure Temporaries to drive motor vehicles, goods vehicles, or powered industrial trucks without the prior written consent of Kelly and any such permission will only be granted on the basis that the Client will be wholly responsible for any liabilities arising out of such use (including but not limited to bodily injury, property damage, fire, theft or collision claims) and that the Client will take out the appropriate insurance cover (including any cover required by statute) suitably endorsed for the benefit of Kelly. 
8. Whilst every effort is made by Kelly to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporaries and further to provide such temporaries in accordance with the Client’s requirements, no liability will be accepted by Kelly for any loss expense, damage or delay arising from any failure to provide Temporaries for all or part of the period of the Services or from the negligence, dishonesty, misconduct or lack of skill or qualifications of the Temporary provided. 
9. The client agrees to pay for the Services in accordance with schedules of hourly rates to be agreed upon between the parties from time to time. In calculating charges, week day overtime and Saturday hours will be billed at a time and one-half while Sunday hours will be billed at double-time, unless some other basis is agreed in writing between Kelly and the Client. Kelly will bill and the Client agrees to pay for a minimum of four (4) hours per order. Kelly will submit to the Client an invoice in respect of the Services provided during the preceding week and the Client agrees to pay the amount detailed therein, having first verified the amount, immediately upon receipt of such invoice. 
10. Kelly shall, upon request of the Client, furnish to the Client evidence of the payment of all wages and other compensation due to Temporaries who are assigned by Kelly to perform the Services and evidence of the compliance with all PAYE and PRSI or other legal requirements retailing thereto. 
11. In the event of the Services being unsatisfactory, Kelly may at its absolute discretion, reduce or cancel the charge for the time worked by that Temporary, provided that the Temporary leaves that assignment immediately and that notification, which must be confirmed in writing within five days, is received either:
    (a) Within four hour of the worker commencing duties where the booking is for more than seven hours: or
    (b) Within two hours for bookings of seven hours or less. 
12. 12. The Client will provide a suitable place for Temporaries to work, which shall comply with all applicable statutes, bye-laws, obligations, duties, regulations and legal requirements and also with the standards of health and safety maintained by the Client for its own employees. 
13. Kelly agrees it will not divulge to third parties, without the prior written consent of the Client, any information obtained from or through the Client in connection with the performance of this agreement. 
14. 
    14.1 As an employment business, the Services that Kelly provide are made possible only by a substantial investment in advertising for, testing and training a large number of Temporaries. Therefore, in consideration of this investment, the Client agrees that if it wishes to offer employment on any basis to Temporaries (“the Prospective Employee”) within six months following the completion of an assignment involving the “Prospective Employee”, the Client is rendered liable for the payment to Kelly of the normal introduction fee for the introduction of Search & Selection staff as per Clause 3 of Kelly’s Terms and Conditions of Business for the Introduction of Search & Selection Staff.
    No rebate pursuant to Clause 2 of the Terms and Conditions of Business for the Introduction of Search & Selection Staff is available for such introductions.
    14.2 In the event that a client wished to recruit an applicant put forward by Kelly Services, for a contract period, our standard introduction fee will apply, as specified in table 1 below.

15. These Terms and Conditions of Business may not be varied except by the express permission of a Director of Kelly in writing.

Terms and Conditions of business for the introduction of Search & Selection staff.

1. These Terms and Conditions of Business are between Kelly Services (Ireland), Ltd or any of its associate or subsidiary companies (hereafter called the Agent), and any individual partnership or company to whom the Agent refers an applicant for interview (hereafter called the Client). 
2. On accepting an applicant referred by the Agent for interview, the Client is accepting these Terms and Conditions of Business as the Contract between the parties. The Client shall immediately advise the Agent in the event that the Client or company associated with the Client engages an applicant or agrees to make use of or use the services of an applicant introduced by the Agent in the position offered or in any other position within 6 months of the date of referral by the Agent the Client. In this event, the Client shall pay to the Agent the introduction fee (as defined in Clause 3 below) immediately upon receipt of the invoice. 
3. The introduction fee payable by the Client is subject to Value Added Tax at the current rate and is calculated at the percentage rate of the annual starting salary (including anticipated commission and taxable emoluments). The percentage rates are show in Table opposite. 
4. Introductions are confidential. If the Client or any representative or employee of the Client refers the applicant to any other person, firm or corporation within six months of the initial introduction, and that person, firm or corporation engages the applicant on a Search & Selection, temporary/contract, self-employed or freelance basis, the introduction fee as detailed above will become payable by the Client as though the Client themselves had engaged the applicant. 
5. The Agent agrees to make every reasonable effort to ensure the suitability of applicants introduced to the Client. The Agent does not obtain or verify references, carry out examinations or warrant the integrity, capability or qualification of the applicant and The Client should satisfy himself on all such matters. The Client is advised to obtain a medical examination before engaging an applicant and to establish that the applicant has the necessary licences, authorities and work permits where applicable. 
6. Notwithstanding any representation or information given to the Client, the Agent accepts no liability whatsoever on behalf of himself, his servants, or agents for any loss, expense, delay or damage, pecuniary or otherwise, consequential or not that the Client, his servants, agents, customers or others may suffer or become liable for arising from the introduction to or employment of any applicant, except for liability for death or personal injury arising out of the negligence of the Agent. The Client is strongly advised to obtain his own insurance against such matters. No warranties, condition or representations, express implied, statutory or otherwise are given to the Client by the Agent. 
7. If any member of staff of the Agent is employed by the Client within six months of such member leaving the employment of the Agent, then an introduction fee in accordance with the scale above shall be due immediately. 
8. These Terms and Conditions of Business may not be varied except by the express
   permission of a Director of the Agent in writing. 
9. These Terms and Conditions apply to all referrals requested by Company, until the agreement is replaced or amended. On placing an order with Kelly, the Company is accepting these Terms and Conditions of Business as the contract between the Parties. These Terms and Conditions of Business are the entire agreement between the parties and may not be varied except by the express written permission of both Parties. Separate fee structures apply for Engineering, Education, Financial, Scientific and Information Technology Applicants.  Company shall pay to Kelly the Standard Fee. The Standard  Fee shall be based on the actual annual full time equivalent base salary (“ABS”) + other tangible benefits (including but not limited to car/car allowance, bonus etc) for the position for which Kelly has been asked to find suitable candidates. The Fee paid to Kelly will be equal to a percentage (%) of the ABS + other tangible benefits.  As per the table below:

Core Service

Table 1
Salary & tangible benefits                                                                   Fee % Core Service*

<€24,999                                                                                                                16%

€25,000 - €49,999                                                                                                    18%

>€50,000                                                                                                                 20%

*for full details of the Core Service please refer to Core Service agreement

With the Premium Service, fees will be structured as follows:

Premium Service

Salary & Tangible benefits                                                                  Fee % Premium Service**

<€24,999                                                                                                                 20%

€25,000 - €49,999                                                                                                     22%

>€50,000                                                                                                                 25%

**for full details of the Premium Service please refer to Premium Service agreement

   A start up fee due immediately upon commencement of the assignment and not returnable under any circumstances.

Salary & Tangible benefits                                                            Fee % Premium Service     

€25,000 - £49,999                                                                                                     8%

>€50,000                                                                                                                 10%

A Completion Fee payable on the day the Applicant commences employment with the Company. 

–   All fees are subject to a minimum charge of €3,000 + VAT.

–   The provision of a car is valued at €5,000 additional salary.

–   Minimum start up fee of €1000 applies

–   If, after an offer of engagement has been made to the Applicant, under the standard term arrangement above, the Company decides for any reason to withdraw it, the Company shall be liable to pay Kelly a minimum of 5% of the annual remuneration offer to the Applicant.

–   If a Retained Assignment is cancelled by the Company or the Company for any reason alters materially (at the discretion of Kelly Services) its requirements submitted to Kelly Services then in addition to the fees payable in accordance with these Conditions the Company shall pay an additional fee of 10% of the stated remuneration plus all the agreed advertising costs and other expenses incurred by Kelly Services.

–   If, after an offer of engagement has been made to the Applicant, under either of the   term arrangements above, the Company decides for any reason to withdraw it, the Company shall be liable to pay Kelly a minimum of 10% of the annual remuneration offer to the Applicant.

10. The Agent reserves the right to invoice a surcharge to the Client of 2% of all outstanding amounts per month for delays in payment after 21 days have elapsed from invoice date and Client will accept this charge for payment on receipt of invoice. 10. Should the applicant, having taken up employment, leave before the completion of the eighth week of employment, the following rebate will be allowed at the discretion of the Agent, provided the invoice is paid within 21 days of invoice date. The percentage rebates are shown in Table 2 below. 

Table 2

Period of employment	Rebates
Up to 2 weeks	100%
Not exceeding 3 weeks	80%
Not exceeding 4 weeks	60%
Not exceeding 5 weeks	40%
Not exceeding 6 weeks	20%
Not exceeding 8 weeks	10%

See clause 9 on Terms & Conditions of business for the introduction of Search & Selection staff

Payment is due upon receipt of invoice.