1

Introduction

2

General Terms

3

Confidentiality

4

Force Majeure

5

Governing Law

6

Introduction of Candidates

7

Liability and Responsibility

8

Payment Terms

9

Placement of Permanent Staff

10

Temporary Assignments – Monthly Rated

11

Temporary Assignments – Hourly, Daily and Weekly Rated

12

Disciplinary Action, Redundancy and Termination of Temporarily Employed Candidates

13

Preparation and Ownership of Terms and Conditions

14

FEE AND RATE INCREASE – EFFECTIVE 1^st FEBRUARY 2010

15

Signed Acceptance

2.1

THE INTRODUCTION OF ALL CANDIDATES IS CONFIDENTIAL.

2.2

Regency shall not commence the search for a Candidate until these Terms have been signed by the Client, and in the case of permanent vacancies, the search for a suitable Candidate shall begin upon receipt of the retainer fee.

2.3

Whilst Regency’s primary service is recruitment of personnel, we do offer additional HR related and support services, details of which can be provided on request and which are also covered by these Terms.

3.1

Both parties shall keep in confidence all information relating to the products, services, product plans, methods of operations, trade secrets, business plans, business opportunities, finances, know-how or personnel data and all other confidential knowledge, data and information related to the business and affairs of Regency and the Client (“Confidential Information”) that may be acquired pursuant to or in connection with this Agreement or the relationship contemplated by this Agreement.

3.2

During and after the term of this Agreement, neither party shall, without the prior written consent of an officer of either party, publish, communicate, divulge or disclose any of such Confidential Information.

3.3

Upon termination of the relationship, both parties shall return records, data, notes, reports, material, equipment and other documentation and other property, and all reproductions of the same, furnished by Regency or The Client or developed or prepared pursuant to the relationship or relationships hereunder.

3.4

Notwithstanding the foregoing, it is agreed that Confidential Information shall not include any information which: (i) has become publicly known through no wrongful act of either party; (ii) has been rightfully received from a third party without restriction on disclosure and without breach of any agreement; (iii) has been independently developed as evidenced by appropriate documentation; (iv) has been approved for release by written authorization ; or (v) is required to be disclosed pursuant to a requirement of law.

3.5

The existence of any agreements and the Terms hereof shall not be disclosed to anyone other than those parties directly involved, except by law or as may be necessary to establish its rights hereunder or with prior written approval.

4.1

Regency shall not be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to strike, riot, war, fire, act of God, accident, plant breakdown not caused by the fault or neglect of Regency, compliance with any law, regulation or order, whether valid or invalid, of the republic of Trinidad and Tobago or any other governmental body or of any instrumentality thereof, whether now existing or hereafter created.

5.1

These Terms shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago.

6.1

The re-interviewing or employment of any Candidate in any capacity, within 12 months of the initial introduction date, will render the Client responsible for immediate payment of our stated fee(s) outlined in Section 9.

6.2

The passing of details of a Candidate to any other Entity / Employer, within 12 months of the initial introduction date and which then results in employment (of any nature), will render the Client / Employer responsible for our stated fee outlined in Section 9.

7.1

Regency takes all reasonable care in selecting and screening Candidates, taking qualifications, work experience and references in good faith.

7.2

Whenever possible, we verify Candidate details but shall not accept any liability for loss, damage or claims whatsoever arising from the introduction or employment of a Candidate.

7.3

If the Client entrusts a Candidate with money, security, valuables or negotiable documents in any such respect, then such matters will be at the sole risk of the Client and we shall not be liable for any loss, action, proceedings, claims or demands, financial or otherwise, arising from the acts, omissions, negligence, fraud or other default on the part of the Candidate. 

7.4

Regency takes the health and safety of all candidates very seriously and reserves the right to visit Client premises to ensure a safe and healthy working environment is being provided. The Client undertakes to supervise Candidates assigned to them, sufficiently to ensure and be aware of its satisfaction with the standards of workmanship.  The Client is responsible for :

-          Ensuring the health and safety of Candidates while engaged in Client business;

-          Providing appropriate training, information and supervision as mandated by OSHA 2004;

-          Granting Regency access to review Client safety policies, prior to the commencement of work of any Candidate.

7.5

If Regency is unable to confirm whether a Candidate has completed an assignment, through failure of the Client to communicate such, we accept no liability for overpayments of salary.

8.1

Unless and until we are notified of dissatisfaction, the Client shall be deemed to be fully satisfied and shall pay all invoices presented to them by Regency.

8.2

Regency reserves the right to ask new Clients to provide proof of ability to pay invoices. This can include, but will not be limited to, banking details and existing and / or past supplier references.

8.3

Regency reserves the right to refuse credit to any Client at any time.

8.4

Any Client who fails to pay invoices within the agreed time, may be subject to interest and / or referral to a debt collection agency.  Any costs incurred in this regard shall be passed on to the Client.

8.5

VAT at 15% shall be added to all prices quoted.

8.6

All figures in these Terms are quoted in Trinidad and Tobago dollars.

9.1

All fees for permanent placements shall be invoiced as soon as the Candidate commences work. 

9.2

Invoices are payable within thirty (30) days of invoice date, unless otherwise agreed.

9.3

The fee for the acceptance of a Candidate into a permanent position by the Client will be the equivalent of one (1) month’s salary.

9.4

A non-refundable retainer fee of $500 is payable upon registration of a permanent vacancy with Regency.

9.5

Upon successful placement of a Candidate with the Client, the retainer fee will be deducted from the placement fee.

9.6

If a Candidate leaves the Clients employ within the first ten (10) weeks of their permanent employment, Regency shall replace the Candidate at no additional charge, provided all fees have been paid.  If we are unable to successfully replace the Candidate, the Client shall be entitled to a refund, provided all fees have been settled, as follows:

9.7

Any part of a week worked is deemed to be a full week. 

9.8

To qualify for a refund, the Client must notify us in writing or by email, details of the failure of the Candidate to meet expectations.

9.9

Regency can provide additional services, such as advertising vacancies on a Client’s behalf, at additional cost.

10.1

Regency shall charge a monthly rate for each Candidate working on assignment for one (1) month or more.

10.2

This rate includes the Candidate’s base salary, employer NIS contribution and Regency’s administrative charges.

10.3

There shall be no adjustments for overtime and / or time not worked unless specifically agreed beforehand with the Client and Candidate.

10.4

All leave payments shall be added to the monthly rate. These include, but are not limited to, vacation, sick and maternity leave; and shall only be applied once the Candidate is eligible and / or the leave is taken.  

10.5

Severance and other entitlement payments shall be added to the monthly rate when they apply.

10.6

Regency reserves the right to charge for additional services, with the client’s prior consent.

10.7

The monthly rate shall be applied to any group of five (5) or less Candidates. Rates for larger groups may be negotiated.

10.8

Candidate contracts may be extended provided adequate written or email notice is given by the Client :

-          Contracts under three (3) months – two (2) weeks notice required

-          Contracts over three (3) months – four (4) weeks required

10.9

Candidate contracts should run for no longer than three (3) years, at which time the Client shall be asked to consider the Candidate for permanent employment.  If permanent employment cannot be provided, Regency reserves the right to reassign the Candidate to another Client.

10.10

During the contract period, Regency shall administer Candidate salaries, including deductions and remittance of statutory payments.

10.11

The Client is responsible for payment of Regency invoices as contracted to ensure prompt payments to Candidates. This includes but is not limited to salaries, expenses, bonuses, commissions and other payments owed to Candidates.

10.12

Failure to pay Regency invoices, on time and as agreed, may result in cancellation of contract(s) and / or non-payment of salaries, bonuses, expenses or other payments owed to Candidates.

10.13

Participation in the Regency corporate Health Plan is available to all Candidates who are engaged in contracts of twelve (12) months or longer, with the Client’s consent.  Health Plan contributions are not included in the quoted monthly rate.

10.14

If a Candidate has worked with the Client on a temporary basis and the Client wishes to employ them permanently, the stated placement fee (Section 9) is due, regardless of the length of time the Candidate was employed on a temporary basis.

11.1

Rates for the hire of Candidates are subject to approval of the Chief Executive Officer and effective at the time of confirmation of the assignment.

11.2

The Client is subject to pay the rates for Candidates as agreed.

11.3

The Client shall be billed for no less than one (1) working day.

11.4

A standard working day is eight (8) hours.

11.5

Overtime will be charged once prior agreement has been given by the Client, who shall be charged for any work in excess of contracted / regular hours of work.  Recommended overtime rates are as follows:

11.6

Charges representing remuneration fees and expenses related to temporary assignments are invoiced weekly and must be paid within seven (7) days from the invoice date, unless otherwise agreed with the Client.

11.7

The Client shall sign Timesheets provided. Such signature shall be deemed conclusive that the Client was satisfied with work done and shall pay all charges in full and without dispute or deduction.

11.8

Failure by the Client to sign any time sheet or charge sheet, shall not preclude Regency invoicing in full for all time worked by the Candidate.

11.9

Regency reserves the right to charge for additional services, with the client’s prior consent.

11.10

If a Candidate has worked with the Client on a temporary basis and the Client wishes to employ them permanently, the stated placement fee is due (Section 9) regardless of the length of time the Candidate was employed on a temporary basis.

11.11

Failure to pay Regency invoices, on time and as agreed, may result in cancellation of contract(s) and / or non-payment of salaries, bonuses, expenses or other payments owed to Candidates.

12.1

Candidates shall be employed by Regency and provided to the Client for a specific period of time, to perform specific work under specific conditions.

12.2

The Client cannot unilaterally terminate the employment of any Candidate employed through Regency.

12.3

If retrenchment of a Candidate is being contemplated, this must be communicated to Regency immediately. Notice as specified in the related contract / agreement, the relevant laws of Trinidad and Tobago and / or appropriate salary in lieu of notice must be given / paid to Regency before employment can be terminated.

12.4

Regency is the Employer so if the Candidate is accused of a crime or offence; fails or refuses to comply with the written policies or reasonable directive of the Client; is guilty of serious misconduct in connection with performance hereunder; or materially breaches provisions of their contract - this must be communicated to Regency immediately by the Client. Regency will then determine appropriate action, based on accepted principles and practices of good industrial relations.

12.5

Regency should be included in all mediations, interventions or discussions related to Candidate performance, terms, conditions and contract.

12.6

Regency reserves the right to hold the Client liable for :

a)      failing to communicate with Regency immediately anything related to the above;

b)      taking any disciplinary action against the Candidate without discussion with Regency;

c)      payment of any wrongful dismissal or other claims which the Candidate may lodge as a result of (b).

13

These Terms and Conditions of Business were authored, edited and approved by Lara Quentrall-Thomas, Chief Executive Officer of Regency Recruitment Limited, on 3^rd February 2009 and shall replace all previous Terms and Conditions of Business. They are the property of Regency Recruitment Limited and may not be altered or copied in any way without the express permission of Regency Recruitment Limited.

14.1

TEMPORARY AND CONTRACT PLACEMENTS

The mark-up shall be changed to:

·         Salaries at or below TTD 18,000 per month: TTD 1,800 plus Employer NIS plus paid leave plus VAT per month.

·         Salaries from TTD 18,001 per month: 10% of base salary plus Employer NIS plus paid leave plus VAT per month.

14.2

PERMANENT PLACEMENTS

The placement fee for permanent recruitment shall be changed to:

·         Salaries at or below TTD10,000 per month: One months’ salary plus VAT.

·         Salaries above TTD10,001 per month: One and a half months’ salary plus VAT.