| 1. |
These terms and conditions
are deemed to have been accepted by the Client by virtue of
the Client making a booking in person, verbal, telephoned,
faxed, E-mailed, Internet, World Wide Web, similar electronic
data transfer, or written for the services of any person supplied
by Thornbury Nursing Services and/or The Scottish Nursing Guild
(hereunder ‘the Agency’). |
| 2. |
The Agency acts as the agent,
not the employer of the person supplied by the agency to the
client. |
| 3. |
The Client shall pay the Agency
a fee calculated on the basis of the Agency’s hourly
charge rates in force at the time the supply is provided, as
specified on the Agency’s rate-sheet. At least 2 (two)
weeks notice of any changes in the charge rates will be provided
by the Agency. |
| 4. |
The Agency will render invoices
on behalf of the person(s) supplied to the Client on a weekly
basis, terms net 14 (fourteen) days of invoice date. The total
due on the invoice should be remitted direct to the Agency.
If payment has not been received in full within 14 (fourteen)
days, the Agency reserves the right to immediately suspend
without formal notice the supply of any further staff. The
Agency further reserves the right to charge interest at 0.4%
simple interest per week on the total shown on each weekly
invoice for each week on which payment is delayed until such
time as payment is received. |
| 5. |
If the services of any person
supplied by the Agency prove to be unsatisfactory to the Client,
the Agency will endeavour to find a replacement for the remainder
of the assignment, if required, but may charge the Client for
the combined number of hours worked by the original and replacement
workers. The Agency reserves the right to refuse claims made
by the Client after the end of the assignment with regard to
the correctness of the rate at which the services of the original
worker should be charged. |
| 6. |
Deduction of breaks, for all
clients is made at the following rate: For shifts up to 6 hours
in length no break is deducted. For shifts of 6-6½hrs
15 minutes will be deducted. For shifts of 6½-9hrs,
30 minutes will be deducted. For night duty, and day shifts
of more than 9hrs in length 1hr will be deducted. All calculations
to the nearest 5 (five) minutes. For nursing care provided
in a patients’ own home no breaks will be deducted if
the nurse is in sole attendance. |
| 7. |
The Agency reserves the right
to charge a standard cancellation fee for any shift booked
but subsequently cancelled by the Client. |
| 8. |
The Client may cancel a request
for services at any time, subject to payment of the standard
cancellation fee for each shift notified. In the event that
the Agency nurse is in transit or is turned away on arrival,
a cancellation fee equal to 4 (four) hours at the prevailing
rate plus any expenses will be charged. In the case of the
night sitting service or home care assessment the standard
cancellation fee will apply. |
| 9. |
In the event that the Client
engages on a full-time, part-time or casual basis any person
supplied within the previous 3 months by the Agency to the
Client, the Client agrees that the introduction has been effected
by the Agency irrespective of any other circumstances surrounding
recruitment of that person by the Client, and the Agency reserves
the right to charge the Client a fee for the introduction,
the fee being detailed on the Agency’s rates-sheet. If
the employee leaves your employment within 6 (six) months,
we will refund 50% of the original fee. |
| 10. |
If it becomes necessary for
the client to prematurely end a placement booking prior to
its agreed finish time, the agency will charge for 4 (four)
hours plus expenses, if the nurse has worked 4 (four) hours
or less. If the nurse has worked in excess of 4 (four) hours,
the full shift plus expenses will be charged. |
| 11. |
Travel expenses or reasonable
accommodation costs will be agreed at the time of booking,
and charged at cost. |
| 12. |
Persons supplied by the Agency
to the Client are not employees of the Agency, and are supplied
on the understanding that where necessary they are under the
direct supervision and control of the Client, and that the
Client will comply with all legal obligations imposed under
statute law. |
| 13. |
The Client indemnifies the
Agency against all demands, proceedings, damages, costs and
expenses arising in connection with any claim brought against
the Agency by any party as a result of the supply or introduction
of any person by the Agency to the Client. |
| 14. |
The Agency will not be liable
for any loss, damage, costs or expenses incurred by the Client
as a result of any act or omission of the person(s) supplied
by the Agency, nor will the Agency be liable as a result of
the non-attendance of the person(s) to be supplied by the Agency,
nor will the Agency be liable for any act or omission on its
own part. |
| 15. |
The Client agrees that all
changes in assignments, any additional bookings, and any cancellations
will be advised by the Client directly to the Agency, and not
via the person(s) supplied, otherwise the Agency reserves the
right to charge the Client for any duties the Agency believes
to have been booked, and the Agency will be entitled to assume
that all the conditions above have been agreed by the Client
and apply. |
| 16. |
The Agency reserves the right
to charge a minimum fee equal to 4 (four) hours at the prevailing
charge rate plus expenses, irrespective of the number of hours
worked by the person supplied. |
| 17. |
A fee may be charged for temporary
to permanent placements, and/or permanent placements. Contact
your Regional Manager for details. |
| 18. |
The Client is not entitled
to attempt to modify or extend the above terms and conditions
of supply by the Agency, nor to impose his own conditions of
acceptance by virtue of ‘final’ or most recent
exchange of missives, save with the express itemised agreement
of the Agency by means of a signed letter of acceptance from
the Chief Executive or Director of the Agency. |
| 19. |
The Agency shall not be liable
to the Client for any complete or partial failure to provide
the Nursing Services to the Client if that failure was due
to an event beyond the reasonable control of the Agency (which
shall include (without limitation) any strike, lockout or other
form of industrial action or trade dispute and any shortage
of supply of labour). |
| 20. |
These Conditions set out the
entire understanding and agreement between the parties and
supersede all prior agreements, arrangements or understandings
between the parties in relation to the subject matter. |
| 21. |
No provision of these Conditions
is enforceable pursuant to the Contracts (Rights of Third Parties)
Act 1999 by any person who is not a party to it. |
| 22. |
To the extent that any provision
of these Conditions is found by any court or competent authority
to be invalid, unlawful or unenforceable, that provision shall
be deemed not to be a part of these Conditions but it shall
not affect the enforceability of the remainder of these Conditions. |
| 23. |
These Conditions shall be governed
by English law and each party irrevocably agrees to submit
to the exclusive jurisdiction of the English courts. |
