Terms and Conditions of Business

(A)  CONDITIONS FOR THE HIRE OF PERMANENT STAFF

1. WHAT ‘ENGAGEMENT’ MEANS IN THESE TERMS OF BUSINESS

In these Terms of Business ‘engagement’ means employment or use in the following circumstances:-

i) under a contract of service or for service

ii) under an agency, licence, franchise or partnership, or

iii) in a joint venture agreement or arrangement

and the words ‘engage’ and ‘engaged’ shall be constructed accordingly.

2. HOW YOU ACCEPT THESE TERMS OF BUSINESS

You will accept these Terms of Business by interviewing a candidate introduced to you by Connect-Dental.

3. HOW THE INTRODUCTION FEE IS CALCULATED

The Introduction Fee:

4 . WHEN YOU HAVE TO PAY THE INTRODUCTION FEE

You must notify Connect-Dental immediately you engage a candidate who we have introduced. You must also inform us of the agreed salary details, including any bonuses and benefits in kind. The Introduction Fee must be paid within seven days of the date of the invoice. If you do not pay in accordance with this, Connect-Dental is entitled to charge interest on any invoices which remain outstanding at the rate of 8% per annum above the base rate of the Bank of England from time to time from the due date until the account is settled.

5. THE SUITABILITY OF CONNECT-DENTAL CANDIDATES

Connect-Dental will make every reasonable effort to ensure that our candidates suit your requirements. It is up to you, however, to satisfy yourself as to the candidate’s suitability and take up any references supplied by the candidate or Connect-Dental before the engagement starts. Neither Connect-Dental nor anyone acting on our behalf can accept liability for the accuracy of any information supplied in relation to candidates, whether this concerns employment history, qualifications or personal circumstances or any other matter whatsoever.

6. THE AVAILABILITY OF CONNECT-DENTAL CANDIDATES

Connect-Dental does not guarantee that a candidate is available to accept any engagement.

7. REBATE ENTITLEMENT

You will be entitled to the following rebate should the candidate’s engagement with you end (for whatever reason), but only where our normal Introduction Fee applies to the placement as detailed in clause 3 of these Terms:

Where notice to end the engagement is given, the relevant termination date for the purposes of this clause shall be the date upon which the notice expires. If within 12 weeks of the termination, you re-engage the candidate or introduce them to any other person, firm or company where they are subsequently engaged in a permanent or Locum position, you will have to pay Connect-Dental the full Introduction Fee again.  Should you opt for the free replacement facility where the candidate has left within the first 2 weeks of employment, we will use reasonable efforts to find a suitable replacement for a period of 12 weeks thereafter. On successful replacement we will credit our original invoice and re-invoice you for the replacement. Should the replacement subsequently leave, however, there will be no rebate due to you.  To qualify for any rebate or the free replacement facility, you must notify Connect-Dental in writing within 7 days of the termination, and you must have paid our Introduction Fee in accordance with the payment terms.

8. INTRODUCTION OF A CONNECT-DENTAL CANDIDATE TO A THIRD PARTY

The introduction of a candidate by Connect-Dental is confidential. You must not, directly or indirectly, transfer or introduce a Connect-Dental candidate to any other person, firm or Company where they are subsequently engaged in a Permanent or Locum position. If this happens you will have to pay Connect-Dental the full Introduction Fee for the engagement.

9. LIABILITY FOR LOSS OR DAMAGE

Under no circumstances is Connect-Dental liable for loss, damage or expense suffered or incurred by you or any other person, firm or Company from the introduction or subsequent engagement of a candidate.

10. THE EMPLOYMENT OF CONNECT-DENTAL STAFF

You will not employ or seek to employ Connect-Dental members of staff. If you do engage a member of our staff within 6 months of their leaving our employ then you will be liable to pay the full Introduction Fee just as if this member of staff had been introduced as a Connect-Dental candidate.

(B)  CONDITIONS FOR THE HIRE OF LOCUM STAFF

1. WHAT ‘ENGAGEMENT’ MEANS IN THESE TERMS OF BUSINESS

In these Terms of Business ‘engagement’ means employment or use in the following circumstances:-

i) under a contract of service or for service

ii) under an agency, licence, franchise or partnership, or

iii) in a joint venture agreement or arrangement

and the words ‘engage’ and ‘engaged’ shall be constructed accordingly

2. HOW YOU ACCEPT THESE TERMS OF BUSINESS

You will accept these Terms of Business by hiring a Locum introduced to you by Connect-Dental.

3. LOCUM CHARGES

You will pay Connect-Dental’s scale of charges advised at the time of the Locum booking together with any other agreed incidental charges.  Connect-Dental may alter the daily rate or the scale from time to time and, if appropriate, you will be advised in writing. 

4. WHEN LOCUM CHARGES MUST BE PAID

Connect-Dental will submit its invoices for our charges, and any other appropriate costs, on a weekly basis. The invoices are payable within 7 days of their date of issue.  If you do not pay in accordance with this, Connect-Dental is entitled to charge interest on any accounts which remain outstanding at the rate of 8% per annum above the base rate of the Bank of England from time to time from the due date until the account is settled.

5. THE SUITABILITY OF CONNECT-DENTAL TEMPORARIES

Connect-Dental will make every reasonable effort to ensure that the Locum suits your requirements in terms of standards of skills, integrity and reliability. However, neither Connect-Dental nor anyone acting on our behalf is liable for any loss, expense or damage caused by any act or omission of the Locum. Connect-Dental is not responsible for obtaining work or other permits, references or medical reports.

6. THE AVAILABILITY OF CONNECT-DENTAL LOCUMS

Neither Connect-Dental nor anyone acting on our behalf accepts liability for any loss, expense, damage or delay from our failure to provide a Locum for the whole or part of a booking.

7. YOUR RESPONSIBILITY FOR THE LOCUM

Every Connect-Dental Locum provided to you is under your exclusive direction and control from the time they report to you, to take up their duties, and throughout the booking. In this respect you will be responsible for all acts, errors or omissions on the part of the Locum, whether wilful, negligent or otherwise, as though they were directly employed by you.

In respect of each Locum, you will comply with all applicable laws and regulations relating to health and safety at work as though the Locum were directly employed by you. Furthermore, you will also comply with all statutes, bylaws and legal requirements affecting the Locum, to which you are subject in respect of your own staff (including, without limitation and for the avoidance of doubt, the Working Time Regulations 1998) apart from those specified in clause 7 above. You will also advise Connect-Dental of any special Health and Safety.

You will not require a Locum to work more than 48 hours a week if we have informed you that they have not opted out of the 48 hour week requirements under the Working Time Regulations 1998. You will assist Connect-Dental in complying with its duties under the Working Time Regulations 1998 by supplying any relevant information requested by Connect-Dental and you will not do anything to cause Connect-Dental to be in breach of its obligations under these Regulations. You will inform Connect-Dental if a Locum provided to you is required to work at least 3 hours between 11pm and 6am.

You shall automatically supply Connect-Dental with adequate records to show that the limits on night working specified in Regulations 6 (1) and (7) of the Working Time Regulations 1998 have been complied with in the case of each Locum provided to you in relation to whom such limits apply.

You will be responsible for ensuring that the Locum’s ability, qualifications and skills are adequate to operate any machinery or equipment that the Locum may be required to operate.  You will be solely liability for any liability arising there from.

When using a Connect-Dental Locum you will indemnify Connect-Dental against any costs, claims and liabilities incurred by us arising from the booking or its termination.

You shall notify Connect-Dental immediately and without delay and in any event within 24 hours if the Locum fails to attend the booking or notifies you that they are unable to attend the booking for any reason.

9. CANCELLING THE LOCUM BOOKING

For all bookings you should supervise the Locum sufficiently to ensure your satisfaction with the standards of workmanship provided. If, however, the services of the Locum prove to be unsatisfactory to you, you may cancel the booking by either directing Connect-Dental to remove the Locum or by instructing the Locum to leave the assignment immediately and giving us notice by telephone (followed by written/email confirmation sent the same day) within the time periods below:-

a) Within 4 hours of the Locum commencing duties where the booking was for more than 7 hours, and

b) Within 2 hours where the booking was for 7 hours or less.

Connect-Dental or the Locum reserve the right to cancel the booking at any time without prior notice and without liability.

10. LOCUM TO PERMANENT CONVERSIONS

a) If you directly engage a Locum during the course of a booking with you or within 6 months of the completion of the booking then you must pay the full Introduction Fee (see Conditions 3 and 4 for the hire of Permanent Staff). Similarly you will be liable to pay the full Introduction Fee if you, in turn, introduce the Locum to another person, firm or company who subsequently engages them. This may include, by way of example only, another employment agency.

b) In the event that the salary cannot be accurately established the Introduction Fee will be 240 times the daily rate at which the Locum was last supplied to you.

c) Where a Locum has converted to a Permanent position, Connect-Dental will not pay any rebate of the Introduction Fee should the engagement be subsequently terminated.

d) The above provision applies irrespective of whether the Locum is engaged in the same position in your business or organisation.

e) An Introduction Fee shall also be due from you under Clause 10a above where you engage a Locum under an agreement with another person firm or company which provides the Locum’s services to you and which is under the Locum’s control.

(C)  GENERAL

1. DATA PROTECTION

You will only use and process information provided by Connect-Dental on candidates for recruitment purposes and in accordance with UK Data Protection legislation. To improve our service to you through and for training purposes, we may monitor or record your communications with our staff (for example, by telephone and e-mail).

2. ALTERATIONS

No alterations to these Terms shall have effect unless confirmed in writing by Connect-Dental.

3. GOVERNING LAW

The contract shall be interpreted and construed in accordance with the laws of England and shall be subject to the jurisdiction of the English courts.