Terms and Conditions for the Supply of Permanent & Contract Staff
Terms and Conditions
Agency Terms & Conditions
In these terms and conditions the following definitions apply :
a) The “Company” means Kangaroo Healthcare.
b) The “Client” means the person, firm or corporate body to whom the applicant is introduced.
c) “Applicant” means the person introduced by the Company to the Client including any members of the Company’s own staff.
d) “Introduction” means the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Company to search for an Applicant; or the passing to the client of a curriculum vitae or other information which identifies the Applicant & which leads to an Engagement of the Applicant by the Client.
e) “Engagement” means the engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under contract of services or for services; under agency, license, franchise or partnership agreement; or any other engagement.
f) “Remuneration” includes base salary, guarantee and/or anticipated bonus and commission earnings, allowances, inducements payments, the benefit of a company car and all other payments and taxable (& where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
g) Unless the context otherwise requires, references to the singular include the plural & references to the masculine include the feminine & vice versa.
h) The headings contained in these terms are for convenience only and do not affect their interpretation.
a) These terms are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Applicant.
b) No variation or alteration to these terms shall be valid unless approved by a director of the Company in writing.
c) Unless otherwise agreed in writing by the Company, these terms prevail over any terms of business or purchase conditions proffered by the client.
The Client agrees:
a) To notify the Company immediately of any offer of an Engagement which it makes to the Applicant
b) To notify the Company that its offer of an Engagement to the Applicant has been accepted and to provide details of the remuneration to the company.
a) The fee payable to the Company by the Client for an Introduction resulting in an Engagement is calculated in accordance with the accompanying Fee Structure on the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable.
Job Title Fees
Support Workers, Care assistants 10%
Senior Support Workers, Care assistants 12%
Deputy Managers, RNLDs 14%
b) No fee is incurred by the Client until the Applicant commences the Engagement when the Company will render an invoice to the Client for its fees. The fee is payable within 7 days.
c) The Company reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of The Bank of England from the due date until the date of payment.
a) In order to qualify for the following guarantees, the Client must pay the Company’s fee within 7 days of the date of invoice and must notify the Company in writing of the termination of the Engagement within 7 days of its termination.
b) If the Engagement terminates before the expiry of 8 weeks from the commencement of the Engagement (except where the applicant is made redundant) the fee will be rebated in accordance with the following Scale of Rebated:
Termination Date Fee %
Week 1 100%
Week 2 75%
Week 3 60%
Week 4 50%
Week 5 40%
Week 6 30%
Week 7 20%
Week 8 10%
c) Should the Client or any subsidiary of the Client subsequently re-engage the Applicant within the period of 6 months from the date of termination of the Engagement a full fee calculated in accordance with clause 4 (a) above becomes payable, with no entitlement to the refund.
a) An introduction fee calculated in accordance with clause 4 (a) will be charged in relation to any applicant engaged as a consequence of or resulting from an Introduction by or through the Company, whether direct or indirect, within 12 months of the Company’s Introduction.
b) Introductions of Applicants are confidential. The disclosure by the client to a third party of any details regarding an Applicant which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of the Company’s fee as set out on clause 4 (a) with no entitlement to any refund.
c) Should the Client re-engage with an Applicant other than through the Company within 12 months of the initial introduction renders the Client liable to pay the Company fee equivalent to 25% of the starting salary.
a) The Company endeavours to ensure the suitability of any Applicant introduced to the Client & will make all reasonable enquires into the Applicant’s personal history. Nevertheless, the Client is recommended to take up references independently and to satisfy itself as to the suitability of the Applicant. The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant and satisfying any medical and other requirements or qualifications required by law or the country in which the Applicant is engaged to work.
a) The company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Company to introduce any Applicant. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
a) These Terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.