Terms & Conditions

Client Contract terms of business for the introduction of permanent placement, & relief staff/contractors/temporary staff to be directly employed by the client.

Definitions
1. In these Terms of Business the following definitions apply:

“Client”
Means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;

“Agency” Means Chef Agency Ltd

“Applicant or Candidate”
Means the person introduced in any way by the Agency ( Chef Agency ) to the Client for an Engagement or introduction ;

“Engagement”
Means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee

“Introduction”
Means (i) the Client’s proposed interview or a request of an Applicant or information of a client : examples being but not limited to ; (i)  the passing to the Client of a Curriculum Vitæ or any information which identifies any Applicant which the agency has ; and which leads to Any Engagement of that Applicant; Identification including but not limited to : CV submission, interview, App, Our website/s or any of its social media, third party introduction (ie by a hired relief), our suppliers, any person or employee of the submitted Applicant and if the Applicant is a limited company and members of Chef Agency’s own staff); The Client agrees that the Introduction will last for a period of 12 months;

The term “Applicant” shall mean any person, such as chef or relief introduced by the Agency in an introduction to the Client such introduction being effected when the Agency provides information whether verbal, digital or otherwise sufficient to identify the Applicant.

“Remuneration”
The Remuneration *Fee Structure calculation is based on yearly salary, Includes base salary or fees, guaranteed and/or anticipated bonus, tips, commission earnings, allowances, inducement payments and plus any accommodation (based at 4,000)  and/or any other payments paid as cash or not and/or motor vehicle or taxable emoluments will be classed as benefits and added to the overall Remuneration that form part of the gross taxable pay of the employed Applicant. Where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. Where the Client provides a company car, a notional amount of £5000 will be added to the salary in order to calculate the Agency’s fee.

Where remuneration is by commission only, a flat fee will be agreed in advance
The Client will notify any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks.

“Placement fee”
as agreed by Chef Agency including remuneration as described by the client is the payable fee agreed and presented to the Client for the introduction and any employment of a candidate at the Clients workplace

“Relief Chef – Contractor”
The temporary employment placement of a worker (chef) at the Clients premises of business for temporary work cover. Hired under the Clients full business working terms and workers welfare and is insured to work and paid by the Client on the receipt of a valid invoice.

1.1 Client’s obligations.
By having any Introduction to an Applicant for any employment ; or by agreeing to engage; or make use of such an Applicant in any position of employment; or work the Client; signing these; the Permanent  or ;the “ Summery of Terms and Conditions for relief “ is deemed to have read and accepted these Terms and Conditions.
Any Applicant, Candidate, Third party introduction, introduction of an applicant from a candidate introduced by Chef Agency to the Client with a view to any Engagement by the Client is subject to these terms and conditions for a period of twelve months from the original introduction.
The Client agrees to notify Chef Agency immediately if an Applicant is engaged or any offer of contract or any employment ( which is but not limited to: permanent, part-time or temporary ) is made.
In the event that an employee introduced by Chef Agency should leave the Client within the 3 month commencement period the Client must notify the Agent in writing within 3 days of the employees leaving date. The Client shall pay the Client’s fees calculated in accordance with the Placement fee (Clause 3.)
The Client shall be liable to pay Chef Agency in accordance with the Placement fee (Clause 3.), if the Client refers or offers the Applicant to any subsidiary or associated companies or any third party, which engages the Applicant, or in any event where an engagement results directly or indirectly from any introduction by the Client of the Applicant.
The Client agrees to ultimately take all responsibility for checking and compiling that:
(i) The full identity of the candidate including by passport and any rights to work or permits required by any law requirement, now or in the future.
(ii) Any work to be performed by any introduction, the Client has the experience, training, qualifications and any authorisation which the Client considers necessary, diligent and which may be required by law or by any professional body
(iii) That any introduction  is willing and safe to work in the position which the Client seeks to fill.
You Agree to all Chef Agency Terms and Conditions including Permanent Recruitment, and Relief Chef hire, it’s Privacy Policy and all English Law ; including Data Protection and Privacy Law and you keep any such information contained and secure.
1.2 Chef Agency – Introducing Permanent and / or temporary Candidates Standard Terms and Conditions
1.3. Unless the context requires otherwise, references to the singular include the plural
1.4. The headings / numbering contained in these Terms of Business are for convenience only and do not affect their interpretation, what so ever.
2.0 Acceptance of Terms
The Client is deemed to accept these terms with Chef Agency by the Client by virtue but not limited to :
(i) Signing this document,
(ii) Any Acknowledgment by Chef Agency via email, telephone call or any digital media
(iii) Any Acknowledgment by the Client to Chef Agency via website email or any digital media has deemed so by reading our terms and contact details facilitated on our Website
(iv) By any Introduction to, or the Engagement of any Applicant
(v) Or the passing or receiving of any information about the Applicant to/by any third party following any Introduction.
(vi) By having any Introduction to an Applicant for any employment or by agreeing to engage or make use of such an Applicant in any position of employment or work the Client
(vii) Any introduction, such as but not limited to a meeting to the Client by Chef Agency staff, past or present
2.2. These terms contain the entire agreement between the parties and unless otherwise agreed in writing by Chef Agency, These Terms of Business will prevail over any other terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Chef Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
2.4 Any variation unless otherwise stated in the original writing shall be classed as a one off singular use,
3.Placement fees;
3.1.The Client agrees:
(i) To notify the Agency immediately of any offer of an Engagement which it makes to any Applicant ; and
(ii) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide full details of the full Remuneration including enhancements such as but not limited to offered bonus, expected tips, etc to Chef Agency; and;
(iii) To pay Chef Agency fee within 14 working days of the date of invoice, (iv) For the avoidance of doubt , the Client agrees that any invoice delivered or not shall start and dated on the first day of the Candidates of work;
3.1.1 Permanent placement Fee;
3.1.2. Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when Chef Agency will render an invoice to the Client for its fees.
3.2 The placement fee put forward by Chef Agency is based on the “Remuneration” *Fee Structure and including all remuneration, wage and all company benefits as described by the client , expected or offered to be paid to any candidates within 12 months of service.
3.2.1 – The permanent fee unless written shall be split equally over 3 months and shall be paid on the basis of – One third of the initial placement fee ( 1/3 in total) is payable upon the candidates first day of commencement of employment, payable within 10 working days of invoice ;
3.2.2 A further third of the initial placement fee (1/3 of total) is payable upon the candidates completion of a total of four weeks service, payable within 10 working days of invoice; and
3.2.3 The final third of the initial placement fee (1/3 of total) upon the candidates successful completion of eight weeks of service, payable within 10 working days of invoice; (save by the candidates being made redundant by the client)
3.3 Chef Agency reserves the right to charge interest all invoiced amounts unpaid for more than 10 working days at the rate of 15% per annum above the base rate of the Bank of England from the due date until the date of payment.
3.4 A minimum fee of minimum fee of £2,000 shall be the fee payable to Chef Agency by the Client for an Introduction resulting in an Engagement, The fee is calculated in accordance with a 10% *Fee Structure (as 3.4.1 below) for Permanent placements and is based on information supplied by the Client, and the Client must report to Chef Agency any due error.
The Remuneration package is applicable during the first 12 months of the Engagement.
3.4.1 “Remuneration”*Fee Structure:
The Remuneration calculation is based on yearly salary, plus any accommodation and/or any other payments and/or motor vehicle or taxable emoluments will be classed as benefits and added to the overall Remuneration. The total first year’s remuneration includes all added emoluments and benefits, excluding mortgage subsidy, that form part of the gross taxable pay of the employed Applicant. This includes any advance commission payments whether guaranteed or not, or targeted or not, and any bonuses and local allowances or cash payments for benefits. Where remuneration is by commission only, a flat fee will be agreed in advance
Any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks.
VAT will be charged on the fee if applicable.
3.5. In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within twelve calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.
3.6. (a) If the Client subsequently engages or re-engages the Applicant within the period of twelve calendar months from the date of termination of the Engagement or withdrawal of any offer, a full fee calculated in accordance with clause 3.4 above becomes payable immediately : Additionally if :
(b)If the Client subsequently engages or re-engages the Applicant within the period of twelve calendar months from the date of any introduction or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable immediately: Additionally if:
(c)If the Client subsequently engages and only part payment is made, then re-engages the Applicant within the period of twelve calendar months from the date of any introduction or withdrawal of the offer through a third party, a full fee calculated in accordance with clause above becomes payable immediately: Additionally if
(d)On any introduction and subsequent employment of a candidate by the Client supplied by Chef Agency then supplied to another Client by the Client, other employer or agency within 12 months with a resulting re-engagement renders the Client payable to the full placement fee immediately: Additionally if:
(e)The engagement or use by a Client of any Relief (temporary worker) or forma Relief worker over a past 12 month period introduced by Chef Agency weather temporary, definite or indefinite or introduction of such a temp worker to another employer with a resulting engagement renders the Client payable to the full placement fee immediately: Additionally if :
(f)If the Applicant subsequently engages or re-engages work with the Client within the period of 12 calendar months from the date of any introduction or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable immediately by the Applicant. Additionally:
(g)Any “Introduction” where 6.1 applies and renders the Client payable to the full placement fee immediately: Additionally if :
(h)Where the amount of the actual Remuneration is not known Chef Agency will charge a fee calculated in accordance with clause 3.4 on the mean level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions or in accordance with clause 7.7.7 ( relief placement ):
3.6.1. Reductions on fees are totally at Chef Agency discretion and confirmed by written consent.
3.6.2. In the extreme case if Chef Agency on the consideration of unsuitability of the Candidate with/ or the Client on termination of the contract on grounds of i.e. gross misconduct, or abuse etc. on information put forward to Chef Agency within the payment fee times; The Client agrees to give permission for Chef Agency to:
(i) At Chef Agency discretion, you give Chef Agency sole exclusivity to firstly to replace the Candidate at the original agreed recruitment fee at no extra cost to either party up to a maximum of six weeks of initial commencement of the applicant/ candidate.
(ii) You agree to indemnify Chef Agency of any costs what so ever, (including court fees), past, present or future.
(iii) This is solely on a case by case basis to which Chef Agency decision is final.
3.6.3. In the event that any employee of Chef Agency with whom the Client has had personal dealings accepts an Engagement with the Client within 12 months of leaving the Agency’s employment, the Client shall be liable to pay an introduction fee to Chef Agency in accordance with clause 3.4.
4 Refunds
4.1. In line with the Eight week charging structure outlined in 3.2 no refunds are available. Chef Agency will ensure however that due consideration to the Client for any future appointments is made.
4.2. In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund and any costs or losses incurred by Chef Agency will be also be liable to the Client, Candidate and/or supplied applicant / Relief.
4.3. All Candidates either permanent or temporary terminated by the Client must be confirmed in writing or email to Chef Agency, on date of such receipt by Chef Agency of confirmation, the fees will be calculated.
4.4. In extreme cases Chef Agency on the consideration of unsuitability of the Candidate/ Relief or the Client, such as : i.e. gross misconduct, abuse etc. and information is put forward to Chef Agency. You give permission for Chef Agency to
(i) At Chef Agency discretion, you give Chef Agency sole exclusivity to firstly to replace the Candidate at the original agreed recruitment fee at no extra cost to either party up to a maximum of six weeks of initial commencement of the applicant/ candidate.
(ii) You agree to indemnify Chef Agency of any costs what so ever, (including court fees), past, present or future.
(iii) This is solely on a case by case basis to which Chef Agency decision is final.
5.0 Cancellation fee
5.1 If, after an offer of Engagement has been made to the Candidate /Applicant, the Client decides for any reason to withdraw it within any pay time limit, the Client shall be liable to pay Chef Agency a minimum fee of 2/3 (two thirds) of the Remuneration.
6 Introductions
6.1. Introductions of Candidates / Applicants and information contained in any introduction such as CV is protected information under Data protection act law, ( Information privacy law or data protection laws prohibit the disclosure or misuse of information about private individuals) and are strictly confidential. Any disclosure by the Client to a third party of any details regarding an Applicant introduced by Chef Agency which results in any breach of (i) Data Act will be regarded as a criminal offence (ii) An Engagement with that third party within 12 months of the Introduction renders the Client liable to the full payment of Chef Agency’s fee as set out in clause 3.4 and 7.7.7 (relief placement) with no entitlement to any refund. Consequently the Client is liable for any introductions that may be made indirectly; the term “indirectly” refers to any person in introducing any company, candidate, client or agency to the candidate, including its own staff.
6.2. An introduction fee will be calculated in accordance with clause 3.4 and will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through Chef Agency, whether direct or indirect, within 12 months from the date of the Agency’s Introduction.
7.0 The Hire of Relief / temporary Contractor
7.1. You Agree to all Chef Agency terms and conditions including Permanent recruitment, it’s Privacy Policy and (3.6) the hire the Relief Chef / Contractor. You hire the Relief / Chef entirely at the Clients own risk and the Client assumes all responsibility. The Client and the relief Chef are responsible for their own actions.
7.1.1. The Rate of Pay per Relief Contractor per hour is agreed and confirmed by both Relief & Client through Chef Agency beforehand based on the factors of the Clients information on work position requirements (* relief fee structure (7.1.2 )*) This is based on information supplied by the Client, detailed and for the specific period, time and rate allocated as agreed with Chef Agency. The Client must report to Chef Agency any due error,
*Relief Fee Structure:
The Fee Structure calculation is based on but not limited to information Client based information relating to the position filled including; establishment, quality of food, position, responsibilities, expectations, location, comparable positions in the market generally for such positions or in accordance with clause 7.7.7
(i) including the type of work that the Applicant would be required to do
(ii) the location and hours of work
(ii) the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position
(iii) any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks.
In addition the Client shall provide details of the date the Client requires the Applicant to commence work, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
additionally:
When the Client instructs a Relief (temporary) Chef you accept and is fully responsible immediately on receipt of the Relief. The Client will undertake/instruct procedures at own cost as soon as possible with the Relief all legal law requirements including the following, :
(i). All/full health and safety practices Inc. cosh, risk assessments, fire procedures
(ii). Clients company policies and/or contracts
(iii). All legal formalities and contract terms are agreed and signed before or on the commencement of the work contract period with the Relief.
(iv) Agrees with the obligations (7.3) If the Client subsequently engages or re-engages the relief Chef / Contractor within the period of twelve calendar months from the date of a induction or termination of the Engagement or withdrawal of any offer, a full fee calculated in accordance with clause 7.7.7 ( relief placement ) above becomes payable immediately : Additionally if :
On any introduction of such a Relief or Chef by the Client then to another employer or agency within 12 months with a resulting engagement renders the Client payable to the full Placement fee immediately: Additionally if:
The engagement or use by a Client of any Relief (temporary worker) or forma Relief worker over a past 18 month period introduced by Chef Agency weather temporary, definite or indefinite or introduction of such a temp worker to another employer with a resulting engagement renders the Client payable to the full placement fee immediately: Additionally if :
Any “Introduction” where 6.1 applies and renders the Client payable to the full placement fee immediately: Additionally if :
If the Relief Chef/ Contractor subsequently engages or re-engages work with the Client within the period of 18 calendar months from the date of any introduction or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable immediately by the Relief Chef / Contractor. Additionally:
any “Introduction” where 6.1 applies and renders the Client payable to the full placement fee.
Where the amount of the actual Remuneration is not known Chef Agency will charge a fee calculated in accordance with clause 3.4 on the mean level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions or in accordance with clause 7.7.7 ( relief placement ): Additionally:
You accept that Chef Agency can change any Relief / Chef hire at any time.
Relief Hire Payment
7.7.3. The Client agrees to only hire the Relief chef for the specified time period as agreed with Chef Agency, and to pay the Relief Contractor for all work done in accordance with these agreed terms on a weekly payment, within seven days on receiving a valid invoice from the Relief Chef / Contractor.
7.7.4. The Rate of Pay per Relief Contractor per hour is agreed and confirmed by both Relief & Client through Chef Agency beforehand based on the factors of the Clients information on work position requirements (* relief fee structure (7.1.2 )*) This is based on information supplied by the Client, detailed and for the specific period, time and rate allocated as agreed with Chef Agency. The Client must report to Chef Agency any due error,
7.7.5. If the Relief / Chef is working on a Self Employed basis or deemed as Self Employed, it is the responsibility of the Client to obtain and necessary legal authentication of such information to be correct and the issue of an appropriate invoice received, being correct and in due time.
The responsibility for payment of all invoices issued by the Chefs is the direct responsibility of the client.
If there are any liable, or supplied unsatisfactory, or law failures – and as such, any moneys and any deductions that may be payable to the Relief or Client (i.e. discrepancy /PAYE / Tax /statutory contributions / self-employment / earning related insurance/ retirement and, or pension funds or to conform to all law or legal requirements, these will be at the Clients and Relief / Chef own expense.The Client is responsible for petrol travel expenses to be paid direct to the Relief / Chef for return travel, at the start of the assignment on the submission of a valid invoice at 15p per mile.
7.7.6. The introduction or engagement or use by a Client of any Relief (temporary worker) or forma Relief worker over a past 12 month period introduced by Chef Agency whether temporary or permanent or an introduction of such a temp worker to another employer or agency with a resulting engagement renders the Client payable to the full placement fee immediately as per 3.6 and additionally:
7.7.7. ( relief placement ) If the Relief chef hire is extended or employed without notice to Chef Agency and where the amount per period or year is not readily accessible, the fee will be calculated as a multiple of four hundred times the hourly rate or ten weeks’ pay -whichever the greater to which the temporary was last employed, charged or engaged and will be the placement fee along with the application of 3.6 if employed. Or
If hired on a temporary basis, the Client and Relief Chef / Contractor in accordance with term 3.6 both the Client and Relief Chef will be liable to a minimum of a 6 month fee based on 3.6.1 & 7.7.7 both payable immediately.
8.0 Chef Agency Relief Fees
8.1. (i) The Client agrees to pay the agreed recruitment fee of £80.00 per week and at
£25 for single days. For anything less than 5 days work the Client will be charged £25 per day. The recruitment fee is in addition to whatever you pay the Chef during the assignment. We classify a week as Monday to Sunday.
(ii) There are no rebates payable in respect of the charges applied of Chef Agency.
(iii) All recruitment fees will be deemed invoiced and payable on the first day of initial chef engagement, payment is due within 14 days thereafter.  Overdue invoices are liable to a £75 admin fee.
All other pricing or long term discount is strictly by written confirmation by Chef Agency.
8.2.Termination
(i) The Client undertakes to supervise the Chef sufficiently to ensure it’s satisfaction with skills and standards of workmanship.
(ii) The Client will give at least 7 days’ notice to terminate the booking once the Chef has started on site and this must be received by Email or Fax at our offices, please note we will levy a cancellation fee of £50.00 to any bookings that are cancelled without 7 days’ notice.  Voice mail messages will not be deemed as a cancellation.
9. Suitability and references
9.1. Chef Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill. The Client takes overall responsibility in ensuring the applicant’s identity is correct.
9.2. At the same time as proposing an Applicant to the Client, Chef Agency shall inform the Client of Obligations in matters in clause 9.1 and Chef Agency have obtained confirmation of. Where such information is not given in paper from or by electronic means it shall be confirmed by such means by the end of the fifth business day (excluding Saturday, Sunday and any Public or Bank holiday) following save where the applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous 10 business days and such information has already been given to the Client.
9.3. Chef Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant right to work and identity are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
9.4. Chef Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
9.5. Notwithstanding clauses 9.1, 9.2, 9.3 and 9.4 above the Client shall ultimately satisfy itself to its own Client Obligations as to the suitability of the Applicant. The Client shall take up any references provided by the Applicant to it or by Chef Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
9.6. To enable Chef Agency to comply with its obligations under clauses 9.1, 9.2, 9.3 and 9.7. above the Client undertakes to provide to Chef Agency details of the position which the Client seeks to fill :
(i) including the type of work that the Applicant would be required to do
(ii) the location and hours of work
(ii) the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position
(iii) any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks.
(iv) Comply with the relevant *Relief Fee Structure & permanent Placement Structure and additionally:7.7.3
In addition the Client shall provide details of the date the Client requires the Applicant to commence work, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.
10.0 Special situations
10.1. Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, Chef Agency will take reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position. If Chef Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event. It is the overall responsibility of the Client to obtain, satisfy and guarantee itself such information is obtained and correct oblige
11.0 Dealing with Candidates
11.1. You agree to deal fairly and professionally with candidates and applications you may contact using the services of Chef Agency Ltd and any information supplied from the candidate and the Client will do not do anything, which may bring Chef Agency or the Candidate into any disrepute, law or Data Protection. You will indemnify Chef Agency from and against any claim brought by an individual against Chef Agency arising from your breach of this obligation or any other of these terms and conditions.
12.0 Force Majeure
12.1. Chef Agency reserves the right to cancel, vary or suspend the operation of the contract of sale if actions occur which are in the nature of `force majeure’ including without limitation; fire, floods, storm, plant breakdown, strikes, lockouts, riot, hostilities, non-availability of clients or supplies or any other event outside the control of Chef Agency and shall not be held liable for any breach of contract resulting from such an event and will hold Chef Agency harmless against any losses in connection therewith.
13.0 Liability
13.1. Chef Agency 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 any Applicant,  Client, Relief or Agency arising from or in any way connected with Chef Agency, or seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or Chef Agency or from the failure of Chef Agency to introduce any Applicant, or Relief or Contract worker supplied from Chef Agency. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence. Chef Agency hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise.
13.2. You give consent that Chef Agency is hereby excluded in all representations, warranties and conditions relating to any liability and your use of it to the maximum extent permitted by law. We do not seek to exclude or limit liability for fraudulent misrepresentation, death or personal injury caused by our negligence.
13.3 Chef Agency will make every effort to give satisfaction to Client by ensuring reasonable standards of skills, integrity and Chef and further to provide them in accordance with the booking details, but Chef Agency will not be liable for any loss, expense, damage or delay arising from any failure to provide any Chef for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Chef. For the avoidance of doubt, Chef Agency does not exclude liability for death or personal injury arising from it’s own negligence.
(i) A relief Chef is recruited by Chef Agency and they are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the assignment. The Client agrees to be responsible for all acts, errors or omissions of the Chef, whether wilful, or negligent.
(ii) including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Chef during the Placement. The Client shall also advise Chef Agency  of any special health and safety matters about which the Chef Agency is required to be informed,  in addition to 7.1.1. and 3.4.1.
(iii) The Client shall indemnify the Recruitment Consultant against any costs, claims, damages, expenses or liabilities incurred by the Recruitment Agency arising out of any Assignment or use of the Chef by the Client.
13.4. Chef Agency is not acceptable for any losses, expense, liability, damage, delay or compensation in any shape or form,
13.5. The Client is solely accountable in acting on the advice and information given by Chef Agency or any associated persons directly or indirectly employed. The client should satisfy themselves on this advice and supplied information and should be advised to take its own steps to satisfy itself or take any legal advice if in any doubt.
13.6. Chef Agency gives no assurances that any the product or email, attachment downloaded by you will be supplied virus free.
13.7. You indemnify and hold the Company Chef Agency and any of its directors, officers, employees or agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct off, Chef Agency and/or any breach of these Terms & Conditions.
13.8. Section headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
14.0 Charges
14.1. A 10% of the fee will be charged for all invoices needing a third reminder.
14.2 All recruitment fees will be deemed invoiced and payable on the first day of initial chef engagement, payment is due within 14 days thereafter.  Overdue invoices are liable to a £75 admin fee. All other pricing or long term discount is strictly by written confirmation by Chef Agency
14.2.V.A.T will be added to the fee where applicable.
15.0 Law
15.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales

 

By  acceptance of these or the summery of terms you agree to be bound by them

 

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SUMMERY OF TERMS AND CONDITIONS OF BUSINESS FOR THE RECRUITMENT OF A RELIEF CHEF (NON-LABOUR SERVICES)

1.DEFINITIONS
In these Terms of Business the following definitions apply:

“Chef Agency” or “Consultant “means Chef Agency ltd.

“Client” means the person, firm or corporate body to whom the candidate is supplied.

“Chef” “Relief“ or “Candidate” means the individual or Ltd Company (including any representative thereof) whose services are recruited by  Chef Agency (or a representative) for the Client.

“The Recruitment Fee” means the fee for recruiting a Chef for the Client.

The headings in these Terms are for convenience only and do not affect their interpretation.

 

THE CONTRACT
(i) The Client agrees that they have READ ALL TERMS ON THE  CHEF AGENCY WEBSITE. The Client fully understands that these terms are shortened for reference, to highlight some of Chef Agency terms and for shortened agreement reference only. This contract terms govern the recruitment of the Chef by Chef Agency to the Client and are deemed to be accepted by the Client by virtue of its request for, submission of a chefs  CV’s, interview with or Engagement of the Chef.
(ii) No variation or alteration to the whole of these Terms and that on our website shall be valid or enforceable unless approved by Chef Agency in writing.

FEES / CHARGES
(i) The Client agrees to pay the agreed recruitment fee the agreed recruitment fee of £80.00 per week and at £25 for single days. For anything less than 5 days work the Client will be charged £25 per day.
The recruitment fee is in addition to whatever you pay the Chef during the assignment. We classify a week as Monday to Sunday.
(ii) There are no rebates payable in respect of the charges applied of Chef Agency.
(iii) All recruitment fees will be deemed invoiced and payable on the day of initial chef engagement. Payment is due within 14 days from the engagement.

PAYMENT RESPONSIBILITIES
The Client assumes FULL responsibility for payment of the Chefs remuneration and is responsible where appropriate, for the all deduction and payment of but not limited to : National Insurance Contributions and schedule Income Tax (PAYE) applicable to Chef as required by law.
If the Chef is working on a Self Employed basis or deemed as Self Employed it is the responsibility of the client to obtain and necessary authentication of an appropriate invoice.
The responsibility for payment of all invoices issued by the Chefs is the direct responsibility of the client.
The Client is responsible for travel expenses paid direct to the Relief Chef for return travel, at the start of the assignment.
A consultant will agree in advance with the Chef and confirm to the Client an agreed hourly rate, any disputes of payment will not involve Chef Agency. It is the responsibility of the Client and Chef to resolve any payment issues.

INTRODUCTION FEES
(i) The direct or indirect Engagement or use by a Client of Chef introduced by Chef Agency, or the introduction by the Client of a Chef to any third party resulting in an Engagement for any length of time will subject the Client to the payment of an introduction fee. This is calculated in accordance with our scales of charges and the amount of £2000.00 will be invoiced for the permanent introduction of our chef,  provided that the Engagement takes place within a period of 6 months from the termination of the Assignment under which the Chef was last supplied, or within 6 months of the introduction of the Chef by the Recruitment Consultant if there was no Placement. An introduction fee is also payable in respect of the Chef who subsequently becomes incorporated under a limited company in accordance with this clause, again this amount of £2000.00 will be invoiced.
(ii) Where the total annual remuneration is not readily discernible, the introduction fee will be
£2000.00. No refund of the introduction fee will be paid in the event that the Engagement subsequently terminates.

LIABILITY
(i) The Recruitment Consultant will make every effort to give satisfaction to Client by ensuring reasonable standards of skills, integrity and Chef and further to provide them in accordance with the booking details, but the Recruitment Consultant will not be liable for any loss, expense, damage or delay arising from any failure to provide any Chef for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Chef. For the avoidance of doubt, the Recruitment Agency does not exclude liability for death or personal injury arising from it’s own negligence.
(ii) A Chef is recruited by the Recruitment Consultant and they are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the assignment. The Client agrees to be responsible for all acts, errors or omissions of the Chef, whether willful, or negligent.
(i)), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Chef during the Placement. The Client shall also advise the Recruitment Consultant of any special health and safety matters about which the Recruitment Agency is required to inform the Chef.
(iii) The Client shall indemnify the Recruitment Consultant against any costs, claims, damages, expenses or liabilities incurred by the Recruitment Agency arising out of any Assignment or use of the Chef by the Client.

TERMINATION
(i) The Client undertakes to supervise the Chef sufficiently to ensure it’s satisfaction with skills and standards of workmanship.
(ii) The Client will give at least 7 days’ notice to terminate the booking once the Chef has started on site and this must be received by Email or Fax at our offices, please note we will levy a cancellation fee of £50.00 to any bookings that are cancelled without 7 days’ notice.  Voice mail messages will not be deemed as a cancellation.

LAW
These terms of Business are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the courts of England & Wales.

 

Clients Acceptance of Terms and Conditions of Business
(I have read these and those on the Chef Agency website and understood and agree to abide by Chef Agency Terms and Conditions of Business) No changes to the Terms and Conditions of Business can be made unless agreed in writing by Chef Agency prior to the acceptance of such registration. I confirm I have the authorisation of the Company to accept and confirm these terms

 

Signed………………………………………………………………………..for…………………………………(Company)

Print Name…………………………………………………………………..Date:………………………………..

Position……………………………………………………….

Company Address………………………………………………………………………………….

Company Tel:…………………………………………………..

 

PLEASE SIGN, SCAN AND RETURN VIA EMAIL

 

OR Copy the below Statement and returning via return Email :

 

BY CONFIRMING DIGITALLY SIGNATURE

by copying this statement and delivering via email the Client is agreeing to :

Read All the Acceptance of Terms and Conditions of Business
(I have read these and those on the Chef Agency website and understood and agree to abide by Chef Agency Terms and Conditions of Business) No changes to the Terms and Conditions of Business can be made unless agreed in writing by Chef Agency prior to the acceptance of such registration. I confirm I have the authorisation of the Company to accept and confirm these terms

…………………………………(Company)

Name…………………………………………………………………..Date:………………………………..

Position……………………………………………………….

Company Address………………………………………………………………………………….

Company Tel: