PTS PLACEMENTS TERMS & CONDITIONS

1. Although PTS will endeavour to meet the criteria laid down by the Client in terms of matching a worker to such criteria, it shall be the responsibility of the Client to assess the actual suitability of the particular worker.
2. The Client shall be responsible for ensuring that any Public Liability or other Insurance Cover and all or any Certificates, Licences or Permits are in place.
3. The Client shall agree to make payment to PTS in the amount and in such manner as shall be agreed prior to the commencement of the placement. A weekly timesheet, prepared by PTS, shall be completed by the worker and countersigned by the Client on the Friday (or last working day) of each week.
4. In the event that the quality of the services provided by the worker falls short of that reasonably required, the Client shall forthwith discontinue using the services of that worker and shall notify PTS immediately. Provided that grounds for reasonable complaint are given in writing, PTS will waive all charges (not already billed) in respect of such worker.
5. The client will pay PTS for the supply of temporary workers at the rates agreed at the time of booking. The charge for the supply of a temporary worker will be based upon 30-minute units. These rates are exclusive of any travelling or other expenses that may be agreed by PTS and the client. Rates quoted are subject to VAT.
6. Where a temporary worker is supplied by PTS to the client for a minimum of 12 weeks, under these terms, there will be no fee payable to PTS if the client subsequently engages that worker in a permanent capacity. Where the temporary assignment has been of less than 12 weeks duration, the client will become liable for payment of a fee to PTS calculated on the basis of 5% of the total annual remuneration offered to the worker if such worker is engaged in a permanent capacity. Alternatively, the client can choose to re-hire the worker in a temporary capacity via PTS on no less favourable terms until they have been supplied for 12 weeks minimum. No such fee will be payable if there has been a period of at least 12 weeks between the end of the supply of that worker on a temporary basis through PTS and his or her engagement in a permanent capacity.
7. Where PTS has supplied a temporary worker to the client for a minimum of 12 weeks and the client subsequently introduces the worker to a third party, there will be no fee payable to PTS if the third party subsequently engages that candidate in a permanent capacity. Where the supply by PTS to the client has been for less than 12 weeks duration, the client will become liable for payment to PTS calculated on the basis of 5% of the total annual remuneration offered to the worker if such worker is engaged in a permanent capacity by the third party. No fee will be payable if there has been a period of at least 12 weeks between the end of the supply of that worker on a temporary basis through PTS and his or her engagement in a permanent capacity by a third party.
8. PTS Placements’ invoices are subject to the same conditions as those applying to all other PTS invoices amounts remaining outstanding from the date of the invoice until actual payment.
9. PTS shall not be liable for any loss, injury, damage, costs, expenses, or delay howsoever caused (and whether direct, indirect or consequential) arising directly or indirectly from the introduction or non-attendance on any assignment or part of an assignment of any worker and neither shall they be liable for any loss, injury, damages, costs, expenses, or delay arising from or in any way connected with:
   a) The failure of a temporary worker to meet the client’s requirements
   b) Any act or omission of a temporary worker whether willful, negligent, fraudulent, dishonest, reckless, or otherwise.
10. The client agrees to indemnify PTS against all claims and liabilities however howsoever arising in respect of any loss, injury, damage, costs, expenses, or delays suffered or incurred by a temporary or permanent worker or against all and any claims made by any third party arising directly or indirectly or in any way from the introduction or supply of any temporary or permanent worker or the acts or omissions of any such temporary or permanent worker however arising.
11. These terms and conditions shall be governed by and be construed in accordance with the law of England and Wales and any dispute arising shall be referred for arbitration by a single arbitrator to be agreed by the parties or, in the absence of such agreement, to be nominated by the Chairman for the time being of the Institute of Arbitrators, whose decision shall be final and against which there shall be no appeal