The Client must inform the Agency immediately an Engagement is agreed between themselves and the Applicant, (or otherwise upon the commencement of an Engagement, whichever first occurs), giving details of starting dates and agreed wages to be paid to the Applicant. A copy of the Applicant Acceptance Form signed by the Client must be sent to the Agency.

Notwithstanding Clause 3.2, it is the responsibility of the Client to satisfy themselves as to the suitability of any Applicant for the purposes of the vacancy for which the Applicant had been introduced.     
Without prejudice to the generality of the foregoing, it is acknowledged by the Client that it is for the Client to take up references, to check the validity of qualifications and to ensure that the Applicant is capable of operating any equipment and/or machinery to the necessary level, including driving vehicles.
 The Client shall be ultimately responsible for obtaining and / or checking any work or other permits, and for ensuring that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.

In the events that the Client (including those on sole agency agreements):
a) gives a vacancy to the Agency, that the Agency works on this vacancy, and submits applicant(s) to the Client, and then the Client decides to change the specification of the job, withdraws the vacancy, or does not respond to communications from the Agency, or
b) fails to notify the Agency that the vacancy has been filled, or is on hold,and the Agency continues to work on this vacancy, or
c) sources an applicant from elsewhere within the 20 working day period of the sole agency agreement, or
d) fails to abide by the agreed Terms, thereby making it impossible for the Agency to continue to work on behalf of the Client
an administration charge of £150 will be levied to cover costs incurred by the Agency in terms of both time and / or advertising.
 In all instances, this administration charge will be deducted from the full permanent placement Fee if the vacancy is successfully filled by the Agency within a further 12 months from the date of issue of the Admin Invoice.
 In the case of late payment of the administration charge, the same charges will apply as to any other invoice. (See 5.6)

In the case of a full time, permanent vacancy, Clients are offered the opportunity to ask the Applicant for a Trial working period for no longer than 2 days or part days, free of any Agency charge, although the Applicant must be paid for their time. Should the Client book a Trial and later cancel, the applicant should be reimbursed for their time if they have lost work as a result of the Cancellation of the Trial.
If the Client "trials" an Applicant for a period exceeding 2 days or part days, the Client will be liable to pay the full appropriate Temporary or Permanent Agency Fee.

Should a Client subsequently employ or otherwise utilise the services of an Applicant introduced to them by the Agency, in any other capacity other than that for which they were initially introduced, and /or employed, if this would have entailed a greater payment due to the Agency, then an additional appropriate invoice, or part invoice, will be issued to the Client for immediate payment.
Such fee shall be calculated in accordance with the Agency’s current scale of Placement fees at that time, a copy of which can be obtained from the Agency upon request, and which is always available on the Agency’s Website.
In the event of an Applicant working in return for accommodation in lieu of wages, then such placement fee will be calculated at the discretion of the Agency.
This will be applicable for the same 3 year time period as specified in Clause 5.3 above.                                                                          

Placement fees as set out in these Terms are due to be paid in full to the Agency by the Client within 10 days of the Client’s acceptance of the Agency’s Applicant, or within 10 days of the date of the Issue of the Invoice, unless the Applicant starts within that first 10 day period, in which case the Invoice must be paid immediately. In all cases the Invoice must be paid PRIOR to the Applicant commencing with the family.
There are no exceptions to this, and the Fee is due and payable in the time frame stated, and NOT on, or subsequent to, the Applicant’s Commencement date.
Neither is payment reliant on confirmation of an exact starting date by an Applicant.
Late payment will incur extra administration charges, see below. (5.6)
N.B. An Applicant may not start with a Client before the Invoice is paid.
Late payment of an Invoice will also negate the Client’s rights to a replacement should the Applicant not work out, and leave within the Guarantee period, i.e. the first 10 weeks of the Placement.                                               In all instances late payment will negate any discount (sole agency and /or discretionary) that may have been given to the Client.  

 In the event of an invoice being unpaid: 
a) For longer than 10 days after the date of Issue, the Client will  be charged an additional administration fee of £75.
b) If the initial Invoice is outstanding for 20 days, the additional administration fee will increase to £120.
c) Should the Invoice remain unpaid for a further 10 days,(i.e. a total of 30 days from the date of issue of the original invoice),a Final Invoice Demand will be issued, and the additional administration fee will be increased to £175.
           

5.7 Should a Client deliberately misrepresent facts in any given situation with regards to a Placement, or if an Applicant should start with a family without the Agency being notified, or if the Client should refuse payment, Agency reserves the right to issue a Final Invoice Demand, together with the appropriate level of added administration charge, without recourse to any preliminary correspondence.

Should it be necessary to issue a pre action letter, the Agency reserves the right to charge a further administration fee of £100, in addition to the previous charges for administration. Should the Final Demand Invoice, plus all Administration charges, still not be settled, the matter will be passed to Solicitors.
The Client will then be responsible for additional Agency administration charges of £250, and should proceedings be issued, settlement of any necessary court recovery costs, plus any other associated charges incurred. 

Should a Client retract an offer (either written or verbal) of permanent employment, the fee is still payable to the Agency. If the due start date is 14 days or less from the date of retraction, additionally 1 weeks' wages is to be paid to the Applicant.
N.B. If the Client is applying for a refund due to exceptional circumstances, the Client will be requested to put these reasons in writing, and any decision concerning alteration of these Terms will be at the sole discretion of Norma Lewis.
The Client will also be responsible for any travel or visa application expenses already incurred by the applicant. 
The Agency guarantees to pass on these expenses to the applicant.

If the Applicant should cancel after accepting a Family, then a suitable replacement will be found within a 20 working days period. If this has not been possible, then the Client will be issued a full refund of Fees. However, if in the Agency’s opinion either a suitable replacement has been offered within the time frame, but not accepted by the client,no further replacement will be offered, and no refund will be available. Should the Client engage with another recruitment Agency, or use any other recruitment method, during this 20 working day period, then no refund will be payable. 

If the Applicant does not work out with the Family, the Family must provide the opportunity for the Agency to replace the Applicant within a 20 working days time frame.
Should this not be the case, either because they source another applicant from elsewhere, or because they no longer wish to employ a person of that category, or for any other reason, no refund or replacement will be due to the Client.
The replacement may not be carried forward, and must occur straight after the initial placement.
If the Applicant should stay with the family beyond the end of their Notice period, without the permission of the Agency there will be no entitlement to a replacement.
 

• all money due under these Terms has been paid by the Client in accordance with clause 5.5 of these Terms;
• such termination is not as a result of redundancy, pregnancy, injury or ill health or by reason of the Candidates’ race, sex or any disability;
• such termination has not arisen where the Client has entered into the Engagement with the prior or likely intention of disposing with the Candidate’s services, or terminating employment, either without proper cause or with a view to obtaining a refund unfairly;
• the Client serves notice on the Agency in writing at its registered office of the termination of the Engagement within 7 days of such termination; and
• neither the Client nor any subsidiary, associated or holding company of the Client shall commence Engagement of the Candidate within 1 year from the date of the termination of the Engagement;
  ...then the Client shall receive a rebate calculated in accordance with the Agency’s scale of rebates in force from time to time.
  Under no circumstances will any expenses be refunded.
  The rebate shall be repayable in full to the Agency where the Client subsequently re-engages the Candidate in any capacity.

• failure of the Applicant to meet the requirements of the Client for all or any of the purposes for which he is required by the Client (subject to clause 7 of these Terms);
• any act or omission of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
• any loss, injury, damage, expense or delay incurred or suffered by an Applicant;

• any loss, injury, expense or delay suffered or incurred by an Applicant, howsoever caused; and
• any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of an Applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;