Terms and Conditions-Science | Kelly Services United Kingdom

Terms and Conditions for the Provision of Temporary and Permanent Scientific Staff

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Kelly Services guarantees that the Kelly temporary assigned to the customer shall satisfactorily perform the services ordered by the customer. Upon reasonable notice from the customer, Kelly will cancel all charges for unsatisfactory service.

Kelly Temporary Services

Kelly Services, a member of the Recruitment and Employment Confederation is committed to excellence in every aspect of its operation.  With ISO 9002 accreditation throughout its network of branches and its own quality management system in place, the company is at the forefront of raising industry standards and providing answers on the latest employment issues.

Kelly Services has a proven track record for supplying production temporary staff and recruitment innovations that help its client companies to achieve their business goals. The company takes a strategic approach to human resource management providing HR solutions from one-off emergency cover right through to fully managed out-sourced initiatives.

We Specialise In High Quality Personnel
Kelly is one of the most highly respected recruitment organisations in the world with a reputation for supplying high quality personnel across a broad range of industries.

All our consultants within these specialist divisions have an in-depth knowledge of their industry, keeping up-to-date with the latest developments and trends. They can provide solutions at both local and national level – from graduate entry and support staff, through to executive and senior management. In addition, we have dedicated national teams available with specialist corporate expertise.

Terms and Conditions for Temporary, Permanent and Virtual HR Consulting Services 

1. In these Terms and Conditions (“Terms”), the following definitions shall apply: “Kelly” means Kelly Services (UK) Limited, or any of its associate or subsidiary companies, acting as an employment business (within the meaning of the Conduct of Employment Agencies and Employment Business Regulations 2003). The registered office of Kelly Services (UK) Limited is situated at Apple Market House, 17 Union Street, Kingston-upon-Thames, Surrey KT1 1RR, England. “Company” means any party to a contract with Kelly for the supply of services.

“Temporary or Temporaries” means any person(s), firm, business or limited company supplied to the Company by Kelly to carry out the Company’s work. For the purposes of the Statutory Holiday Entitlement aspects of the Working Time Regulations (see Condition 11 below) “Temporaries” do not include any person(s), firm, business or limited company from whom Kelly do not deduct PAYE and National Insurance. “Temporaries” may be engaged by Kelly under a “contract of employment” or under a “contract for services” or another arrangement that deems the worker to be classed as self-employed. “Services” means the provision by Kelly of Temporaries to do the Company’s work, under the Company’s operational supervision. “Secondment” means each period of time in which a Temporary provided by Kelly provides services to the Company.

 

2. These Terms and Conditions of Business regarding the provision of Services to Company by Kelly shall be incorporated in any quotation submitted by Kelly to the Company. No contract shall be concluded between Kelly and the Company unless and until the Company shall have accepted these Terms and Conditions either expressly or by implication, and consequently anything in any document inconsistent with these Terms and Conditions. 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. The Company is responsible for providing the Temporaries day to day supervision relating to the work required and accordingly the Company agrees to be responsible for acts, errors and omissions of Temporaries at all such times as if the Temporaries were employees of the Company including performing those Temporaries performing professional, scientific, engineering, technical or similar services, working at unattended premises or working in
situations lacking in appropriate internal controls and safeguards.

4. The Company will use Temporaries only in Secondments that match the job descriptions for which Kelly seconds them and be responsible for maintaining at its own expense adequate insurance (including Employers’ and Public-Liability Insurance) in relation to the Temporaries, which shall apply at all times for the duration of the Services.

5. The Company agrees to indemnify, defend and hold harmless Kelly against all claims, costs, expenses and any other liabilities arising from the acts or omissions of the Company or any other person, firm or company or acts of omissions of the Temporaries acting on the instructions of the Company or third parties on behalf of the Company.

6. The Company will be responsible for the Temporaries conduct while handling cash,
negotiables, other valuables, credit card, debit card or bank account information.

7. The Company will be responsible for the use of motor vehicles, goods vehicles, or powered industrial trucks in connection with any Secondment, including but not limited to having an appropriate insurance policy in place for the Temporary, whilst using any of the aforementioned equipment/machinery/vehicles.

8. The Company will provide a suitable place for Temporaries to work, which shall comply with all common law or statutory obligations including but not limited to health and safety, occupier’s liability and employment legislation including Codes of Practice introduced pursuant to such legislation.

9. The Company agrees to observe its obligations under the Working Time Regulations – 1998 (as amended, re-enacted, supplemented and/or replaced from time to time) including, but not limited to the following. The Company agrees:

  • not to require Temporaries to work in excess of the average 48 hour working week where they have been informed that there is no written agreement for the Temporary to do so
  • to inform Kelly in the event that a Temporary is required to transfer from day work to night work
  • not to require the Temporary to work in excess of an average of 8 hours night work in every 24 hours
  • not to require the Temporary to work in excess of 8 hours absolute in any night where the nature of the work is deemed to be hazardous or to involve heavy mental or physical strain
  • to assist Kelly in risk assessment related to night work
  • to ensure that the relevant rest periods are made available to Temporaries.

10. 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 and all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the provision of the Temporaries are hereby excluded to the fullest extent permitted by law. Kelly will be liable only for its own negligence or willful misconduct in the provision of Temporaries to the Company. In no event shall Kelly’s liability under this clause 8 exceed proven direct damages equal to payments made by Company to Kelly under this Agreement (less pass-through expenses, if any) or £10,000 per claim or occurrence, whichever is less. Without prejudice to the above, neither Kelly nor Company will be liable for special, indirect, or consequential damages, or loss of profits, business, revenues, anticipated savings or goodwill arising out of this agreement regardless of the basis of the claim

11. Kelly will invoice Company on a weekly basis for hours worked by the Temporar(ies) at the agreed upon hourly bill rates at the inception of the Secondment. Company agrees to pay for a minimum of four (4) hours per order. In calculating charges, week day overtime and Saturday hours will be billed at time and one-half while Sunday and Bank Holiday hours will be billed at double-time, unless some other basis is agreed in writing between Kelly and the Company. All amounts payable are exclusive of Value Added Tax which shall be added to the relevant invoice and due and payable by Company. Company agrees that Kelly will adjust pricing annually and, additionally, to reflect periodic increases in wage and/or related tax, benefit and other costs as the result of any determination, order, or action by or under any applicable governmental authority, collective bargaining agreement, insurance, or
benefit program. Adjustments will be applied as of the effective date of the increased tax, benefit, or cost and will be applied retroactively, if necessary.

12. Company agrees to review and approve, by electronic means, a record of time worked by the Temporaries, through Kelly Services ‘Web Time’ solution. Customer will also designate one or more representatives of Customer to approve the record on its behalf. If a Customer representative is unavailable, and the previous weeks hours have not been approved orrejected by 1600hrs on the Monday following the end of the work week, Kelly’s representative responsible for the Customer secondment, or other Kelly representative authorised by Customer, will approve the record on Customer’s behalf. Company agrees that Kelly Services may need to amend the payroll processing times to accommodate for Bank Holidays or any other requirement subject to the Company being provided with reasonable notice of this requirement. On such occasions, you will be advised by Kelly Services of any changes to the standard weekly timesheet approval deadlines previously referenced.

13. Payment is due upon receipt. If the Company is late in making payment or does not make full payment to Kelly when due, Kelly reserves the right to charge interest on the outstanding amount from the date payment is due until payment is received by Kelly. Interest shall be charged at the prevailing statutory interest rate under the Late payment of Commercial Debt (Interest) Act 1998 and any orders made under it and the Late Payment of Commercial Debt Regulations 2002 which interest shall accrue on a daily basis from the date payment
becomes overdue until the Company has made payment of the overdue amount.

14. In the event of Kelly being notified that the Temporaries are, in the Company’s reasonable opinion unsatisfactory, Kelly will cancel the charge for the time worked by that Temporary, provided that that the Company notifies Kelly (and that the temporary worker leaves immediately) in writing either: (a) Within four (4) hours of the Temporary commencing duties where the booking is for more than seven (7) hours; or (b) Within two (2) hours for bookings of seven (7) hours or less. For the avoidance of doubt, no rebate shall apply to fees due to Kelly as a result of any liability to pay Kelly pursuant to Condition 14.

15. The Company and Kelly agree they will not divulge to third parties, without the prior written consent of the other, any confidential information obtained from or through the other in connection with the performance of this Agreement.

16. As an employment business, Company acknowledges that Kelly incurs substantial expenses for recruiting, testing, training and retaining its Temporaries, and Company agrees to obtain the services of each Temporary only through an order with Kelly. If Company wishes to obtain the services of a Temporary by hiring them (known as a “conversion”), or by secondment, arrangement, or contract from another source (known as a “transition”), Company agrees to compensate Kelly at the rates set forth below. The Company shall not be obligated to pay
the fee where the Temporary has completed 14 weeks on secondment with the Company or more than 8 weeks has passed from the date on which the Temporary completed his or her secondment with the Company. In determining the first day on which a Temporary worked for the Company, no account shall be taken of any supply that occurred prior to a period of more than 42 days during which that Temporary did not work for the Company.

The Company may, in lieu of paying the fee provided for in Exhibit A, by written notice to Kelly, elect for an additional hire period of 14 weeks during which time the Kelly Worker will be seconded to the Company on the same conditions as those already in force for the most recent secondment. If a Temporary has been introduced to the Company but has not worked for that Company and that Company introduces the Temporary to a third party, whether an individual employer, subsidiary or a parent company of another employment business, the
provisions of this Section 16 of this agreement shall apply, and no rebate will be payable:

Salary & tangible benefits  Fee % 
 <£19,999 20%
£20,000 - £34,999 25%
£35,000 - £49,999 30%
> £50,000 Negotiable

17. Where the Company agrees to exend the hire period expressively in writing to Kelly, in lieu of paying the fee in section 16 above, to enable the Company to obtain the services of a Temporary by hiring them (known as a “conversion”), or by secondment, arrangement, or contract from another source (known as a “transition”). The Company agrees to an administration fee of £350 plus VAT to be paid at the end of the extended hire period.

18. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any delay or waiver by a party to declare a breach or seek any remedy available to it under this Agreement or by law will not constitute a waiver as to any past or future breaches or remedies.

19. Notwithstanding anything else contained in this Agreement, Kelly will not be responsible for failure or delay in assigning its employees to Company if the failure or delay is due to labour disputes and strikes, fire, riot, war, acts of terrorism, acts of God or any other causes beyond the control of Kelly

20. This Agreement will continue in force unless one party gives the other party at least thirty (30) days written notice of termination. Kelly reserves the right, however, to terminate this Agreement immediately in the event of non-payment for services rendered. Termination of this Agreement will end the staffing relationship, but this Agreement will continue to govern the parties’ rights and obligations with respect to the business done before termination, including but not limited to any temp to perm transition of temporary workers.

Notwithstanding the above, the Company agrees to provide sufficient advance notice of termination of any Temporary’s Secondment so that Kelly may comply with applicable labour and employment law regulations or, instead, reimburse Kelly for compensation paid to Kelly Workers under law as a result of such termination.

21.
This Agreement constitutes the entire agreements between the parties and supersedes any previous agreements or arrangements between them, and may not be varied except by the express written permission of both Parties, provided that nothing shall exclude either party’s liability for fraudulent misrepresentations. The Company acknowledges and agrees that in entering into an agreement formed under these Terms and Conditions (and the documents referred to in it) it does not rely on, and shall have no remedy in respect of, any statement,
representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to such agreement or not) other than as expressly set out in these Terms and conditions. Nothing in this condition shall, however, operate to limit or exclude any liability for fraud.

22. This Agreement shall be governed and construed in all aspects in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts. Each Party shall comply with its respective obligations under applicable law including but not limited to the provisions of the Data Protection Act 1998 and any applicable multi-jurisdictional data privacy and protection legislations.

Terms and Conditions for the Introduction of Permanent Staff

1. These Terms and Conditions of Business (“Terms”) are between Kelly Services (UK) Limited, or any of its associate or subsidiary companies, acting as an Employment Agency (within the meaning of the Conduct of Employment Agencies and Employment Business Regulations 2003) (hereafter called Kelly) and any individual partnership or company (hereafter called the Company), to provide the recruitment services as more explicitly defined below.

2. Company will place an order with Kelly describing the type of work and specific duties to be performed, skills required, and any other requirements to be fulfilled by the candidate. Kelly shall recruit qualified candidates using its selection processes; screen candidates in accordance with agreed requirements; assess each candidate and verify his/her interest in the opportunity; and shortlist suitable candidates and effect an introduction of the candidate to the Company. Upon successful selection or commencement of work by the candidate, irrespective of whether any employment agreement or has been signed by the candidate, Company shall pay the Fee as defined in Section 3 below. The Company shall immediately advise Kelly in the event that the Company or a company associated with the Company engages a candidate or agrees to make use of or use the services of a candidate introduced by Kelly in the position offered or in any other position.

3. These Terms and Conditions applies 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.

4. 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:

 

Salary & tangible benefits  Fee % 
<£19,999 20%
£20,000 - £34,999 25%
£35,000 - £49,999 30%
> £50,000 Negotiable
  • All fees are subject to a minimum charge of £2,000 + VAT.
  • The provision of a car is valued at £5,000 additional salary.
  • 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.

5. Company will pay the Standard Fee for each candidate that Company or its affiliate employs or obtains the candidates services in any capacity within twelve (12) months, after Kelly refers the candidate to Company. “Employ in any capacity” includes, without limitation: employing the candidate directly; purchasing the candidate's services as a temporary, payrolled, or leased employee of an organization other than Kelly; obtaining the candidate's services through any independent contractor, agency, facility staffing, or consulting relationship; or
arranging, suggesting, endorsing, facilitating, or acquiescing in the candidate's engagement or recruitment by another organization with legal or operational ties to Company.

6. Kelly shall invoice Company upon engagement of the candidate, whether or not an employment agreement has been signed. The Fee shall be due upon receipt of the invoice. The Fee is subject to Value Added Tax at the standard rate. If the Company is late in making payment or does not make full payment to Kelly when due, Kelly reserves the right to charge interest on the outstanding amount from the date payment is due until payment is received by Kelly.

Interest shall be charged at the the prevailing statutory interest rate under the Late payment of Commercial Debt (Interest) Act 1998 and any orders made under it and the Late Payment of Commercial Debt Regulations 2002 which interest shall accrue on a daily basis from the date payment becomes overdue until the Company has made payment of the overdue amount.

7. All information (written or verbal) regarding candidates must be treated as confidential and must not be disclosed to any third party. If a candidate introduced by Kelly subsequently is engaged in any manner, including but not limited to full time, temporary, contract or otherwise, as a result of any such disclosure to a third party, then the introduction fee as detailed above will become payable by Company as though Company themselves had engaged the candidate.

8. These Terms and Conditions will continue in force unless one party gives the other party at least ten (10) days written notice of termination. Kelly reserves the right, however, to terminate this Agreement immediately in the event of non-payment for services In the event of such termination, and to the extent all of the fees outlined in paragraph 4 have not been paid, Company will pay to Kelly the remaining fees.

9. The Company shall provide Kelly with all information regarding details of the prospective engagement, duration of work, likely Earnings and other benefits, length of notice to be given to terminate the engagement, any risk to health and safety, required training,experience and qualifications (and any other requirements of the Applicant) and any other information required to be provided by the Company to Kelly either by statute, common law
or otherwise. Furthermore the Company undertakes that it knows of no information or reason why it would not be in the interest of an candidate to fill an engagement.

10. Notwithstanding the fact that Kelly shall supply the Company with information regarding candidate, the Company is under an obligation to satisfy itself as to the identity and suitability of the Applicant and the fact that it has adequate experience, training, qualifications and legal standing. The Company shall take up and examine to their satisfaction any references provided before engaging such Applicant. The Company is also responsible for obtaining all work permits and/or such other necessary permission to work, for arranging medical examinations or for investigating medical records and satisfying any other relevant requirements, qualifications or necessary legal permissions.

11. Should the selected candidate voluntarily leave its engagement with the Company, for reasons other than layoff, lack of work, change in work scope, cancellation of project, or change in the Company’s location, before the completion of the eighth week of engagement, Kelly shall reasonably endeavour to provide a suitable replacement, with five (5) working days at no additional cost, under its replacement guarantee. To validate the replacement guarantee, payment of Kelly’s fees must be received within twenty one (21) days from the date that payment became due and Kelly must be informed in writing of the candidate’s resignation within twenty four (24) hours of the Company receiving notice from the candidate. If for any reason, Kelly is not given the exclusive opportunity to replace the original Applicant, for a minimum of four (4) weeks, after being advised of the previous candidates resignation, Kelly’s original fee shall be non-refundable. In the event that the Company does not require Kelly to locate a replacement, Kelly shall refund the following amounts to the Company, according to the
duration of service held, by the applicant during their engagement with the Company:

Engagement duration % refunded to Company of invoice amount 

2 weeks 75%
2 weeks 1 day – 4 weeks 50%
4 weeks 1 day – 8 weeks 25%



A second guarantee period, or replacement guarantee, does not apply to a replacement
candidate.

12. If following a termination of an engagement or the withdrawal of an offer of engagement (where either a refund is made or the Fee is not paid) and the Company subsequently engages or re-engages the Applicant within a period of twelve (12) months from the date of such termination or withdrawal the full Fee in relation to that Applicant (or the extent of any refund where applicable) shall become immediately due from the Company to Kelly.

13. Under no circumstances shall Kelly be liable and Company shall indemnify and hold Kelly harmless for any loss, expense, delay, damage or otherwise (“claim”) arising from the introduction to or engagement of any candidate except to the extent that such claim directly arises from failure to fulfill its obligations provided for in accordance with these Terms and Conditions. No warranties, conditions or representations, express or implied, are given to the Company by Kelly other than those implied by law. The Company acknowledges that Kelly is neither responsible for the acts and omissions of the candidate nor for the candidate themselves. The Company acknowledges that the limitations and exclusions of liability set out above are reasonable and reflected in the Fees payable to Kelly under these Terms and agrees that it shall bear any risk associated with the services provided by Kelly, subject to these Terms and shall obtain appropriate insurance cover in relation to any such risks.

14. If any member of Kelly’s full time staff of is employed by the Company within twelve months of such member leaving the employment of Kelly, then an introduction fee in accordance with Condition 3 above shall be due immediately.

15. These Terms shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Terms.

16. Save as expressly provided in these Terms, no part of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

17. Any notice given by either party to the other for the purposes of these terms and conditions shall be sufficiently given if delivered by hand or sent by first-class prepaid post, email or facsimile transmission to that party at (in the case of a company) its registered office for the time being or its business address.

Terms and Conditions for the Provision of Virtual Human Resources Consulting Services

1. These Terms and Conditions of Business (“Terms”) are between Kelly Services (UK) Limited, or any of its associate or subsidiary companies (hereafter called “Kelly”) and any individual partnership or company (hereafter called the Company), to provide the virtual human resources consulting services. “Products and Services” means the virtual human resources products and services provided to Company by Kelly.

2. These Terms and Conditions regarding the provision of Products and Services to Company by Kelly shall be incorporated in any quotation submitted by Kelly to the Company. No contract shall be concluded between Kelly and the Company unless and until the Company shall have accepted these Terms and Conditions either expressly or by implication, and consequently anything in any document inconsistent with these Terms and Conditions.

3. Kelly agrees to provide the Products and Services to Company in exchange for Company’s payment of the fees as outlined in the quotation submitted by Kelly to Company. All fees shall be due upon receipt and are subject to Value Added Tax at the standard Rate. Kelly reserves the right to charge interest on any outstanding amounts due and owing as of the date that the payment is outstanding until full payment is received by Kelly. Interest shall be charged at the prevailing statutory interest rate under the late payment of Commercial Debt (Interest) Act 1998.

4.
These Terms and Conditions will continue in force unless one party gives the other party at least ten (10) days written notice of termination. Kelly reserves the right, however, to terminate this Agreement immediately in the event of non-payment for services rendered.

5. The Company agrees to indemnify and hold Kelly free and harmless from losses, damages, liabilities and costs (including reasonable legal fees and disbursements) resulting from its use of the Products and Services and Kelly accepts no liability in providing such Products and Services.

6. The Company acknowledges and agrees that the Products and Services supplied hereunder are provided by Kelly without warranty of any kind, and Kelly expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, and fitness for a particular purpose. It is the Company’s sole obligation to determine the suitability and/or legality of the Products and Services. Under no circumstances shall these products and services offered be construed to be legal advice or consultation. No oral or written information, representation, or advice given by Kelly or its authorized representatives shall create a warranty or in any way affect or alter the scope of this provision.

7. During the terms of the agreement and for twelve (12) months thereafter, the Company will not knowingly solicit, recruit, or otherwise induce or influence any of Kelly’s employees to terminate such employee's employment relationship with Kelly for purposes of being engaged by Company as an employee or independent contractor, without the express written approval by Supplier.

8. These Terms and Conditions and the accompanying quotation provided by Kelly to Company constitutes the entire agreements between the parties and supersedes any previous agreements or arrangements between them, and may not be varied except by the express written permission of both Parties.

9. These Terms and Conditions shall be governed and construed in all aspects in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English and Welsh.

10. Kelly shall not be liable for any default or delay in the performance of its obligations due to any causes beyond its reasonable control.

www.kellyservices.co.uk
September 2008