Terms & Conditions

TERMS OF BUSINESS FOR SHORT TERM, SEASONAL & PERMANENT PLACEMENTS 


1. DEFINITIONS

1.1 In these terms of business (“Terms”) the following definitions apply: Agency means Ocean Earth Chefs, SL Company B10673994, Spain. Candidate means the person introduced by the Agency to the Client for an Engagement. Client means the person, firm or corporate body together with any subsidiary or associated company of the person, firm or corporate body to whom the Agency introduces a Candidate with a view to an Engagement. Engagement means where the Client retains a Candidate for employment by the Client or any third party, on a permanent or short term basis, or any other engagement whether the employment or other contract between the Candidate and the Client is in writing or not. Instructions means the instructions given to the Agency by the Client for the Agency to search for a Candidate for an Engagement including but not limited to freelance, permanent and short term contracts. Introduction means when one or more of the following takes place:
i.! the provision by the Agency to the Client of a curriculum vitae or information, verbally or in writing, which identifies the Applicant; and which leads to an Engagement of that Applicant.
ii.! the Client interviews a Candidate in person or by telephone, following the Client’s instruction to the Agency to search for a Candidate Renumeration includes total gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable non-taxable) fees payable to or receivable by the Candidate for services rendered to or on behalf of the Client.


1.2 Unless the context requires otherwise, references to the singular include the plural


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


1.4 The Agency will operate as an Employment Agency in relation to the Client. The Agency will have no authority to enter into a contract with an Applicant on behalf of the Client.


2. CONTRACT


2.1 These terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of a Candidate or the passing of any information about the Candidate to any third party following an Introduction.


2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a duly authorised officer of the Agency, these Terms 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 the 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.


3. SERVICES


3.1 The Agency acts as an employment agency for Candidates. The Agency sources potential Candidates following a Client’s Instructions and introduces them to the Client for a potential Engagement.


3.2 The Agency agrees to make Introductions to the Client of Candidates that the Agency believes will meet with the Client’s Instructions.


3.3 When making a request for the provision of a Candidate to perform an Engagement the Client will give the Agency details of:


3.3.1 the date on which the Client requires the Candidate to commence the Engagement and the duration or likely duration of the Engagement;


3.3.2 the position which the Client seeks to fill, including the type of cuisine if applicable, the location at which, and the hours during which, the Candidate would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;


3.3.3 the experience, training, qualifications and any authorisation which the Client considers is necessary for the Candidate to possess in order to work in the position;


3.3.4 any expenses payable by or to the Candidate;


3.3.5 the Remuneration and any other benefits which the Client would offer to a Candidate in the position which it seeks to fill; and


3.3.6 the terms of the contract or where applicable the length of notice which a Candidate in such a position would be required to give, and entitled to receive, to terminate the Engagement with the Client.


4. NOTIFICATION OF ENGAGEMENT


4.1 The Client agrees:


4.1.1 to notify the Agency immediately of any offer of an Engagement which it makes the Candidate; and


4.1.2 to notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to the Agency.


5. INTRODUCTION FEES


5.1.1 Full-time placements (chefs employed for a period of six (6) months or more. The introduction fee will be 85% of one months gross salary.


5.1.2 Seasonal placements (chefs employed for a period exceeding three (3) months but less than six (6) months. The introduction fee will be 70% of one months gross salary.


5.1.3 Short term placements of less than 3 months. The introduction fee will be 20% of the contracted salary amount.


5.3 In the event that any Candidate introduced by the Agency to the Client is employed or reemployed directly by the client (with or without the Agency’s involvement) within the period of 18 months from the date of our initial introduction of the Candidate, the Client will be charged the applicable Introduction Fee in accordance with clause 5.


5.4 In the event the Client obtains any information and/or documentation pertaining to the Candidate from another source prior to our initial introduction, the Client must inform us immediately. We reserve the right to claim the introduction and any applicable Introduction fee should the Client decide to use the information.


5.5 The Client shall be responsible for paying the Candidate’s Remuneration directly on a weekly/monthly basis (as agreed) including overtime payments, at a rate agreed between the Candidate and the Client.


5.6 Where an offer of a fixed term contract has been made by a Client and is subsequently withdrawn by a Client after acceptance by the Candidate, an Introduction Fee will be calculated and payable by the Client to the Agency at 50% of the Introduction Fee that was payable in respect of the fixed term Engagement under either clause 5.1 or 5.2 above, as applicable.


5.7 If the client makes a specific request, the Agency can provide the Candidate with regular timesheets for the Candidate to complete in relation to a freelance Engagement. The Client shall sign and verify the timesheets for each Candidate.


5.8 Signature of the timesheets by an authorised person constitutes acceptance by the Client that the Candidate’s services have been provided satisfactorily for the hours stated on the timesheet.


5.9 If a candidate submitted by Ocean Earth Chefs is listed on an online database or social network, unless the candidate has already been contacted by the client before the agency has sent the candidates’ details to the client, then the usual agency fee will apply if the client decides to book that chef.


6. PAYMENT OF THE INTRODUCTION FEE


6.1 The Client shall pay the Agency an Introduction Fee calculated as a percentage of the Remuneration of the Candidate in accordance with clause 5.


6.2 An Introduction fee calculated in accordance with clause 5 will be charged in relation to any Candidate engaged as a consequence of or resulting from an Introduction by or through the Agency, whether direct or indirect, within 18 months from the date of the Agency’s Introduction.


6.3 Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 5 on the minimum 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.


6.4 The Client will be invoiced for the full Introduction Fee within 7 days when the Candidate’s Engagement has been confirmed by the client, or at a time otherwise agreed between the Agency and the Client.


6.5 The Client agrees to pay the Introduction fee within 10 days of the date of invoice.


6.6 The Agency is entitled to charge interest on invoiced amounts unpaid after the due date for payment at the rate of 4% per annum.


6.7 The Agency may recover from the Client on an indemnity basis the Agency’s reasonable costs and expenses (including legal fees and management time) incurred by the Agency as a result of the Agency recovering, or attempting to recover overdue Introduction Fees.


7. REFUNDS / TERMINATION OF ENGAGEMENT


7.1 In the case of short term placements of 6 months or less should the Candidate not complete the Engagement and both the Agency and the Candidate have been notified in writing within one working day of the termination of the Engagement, then the Agency may at its discretion offer a fee rebate for any full weeks/months not worked. In the event of the Client’s failure to complete these notification requirements, the Agency reserves the right to charge a penalty fee of one week.


7.2 Should the Client re-engage a Candidate within 18 months of the commencement of the original Engagement for which a refund has been given the Client shall pay the Agency a full Introduction Fee for that re-engagement, in accordance with clause 5, and no refund policy under this clause 7 shall apply to that re-engagement.


7.3 In the case of permanent placements if the candidate leaves employment within the first month the Agency agrees to find a replacement candidate at no further charge assuming the original fee has already been paid however no refund will be given unless otherwise agreed in writing between the Agency and the Client.


8. CANCELLATIONS


8.1 The Agency reserves the right to charge a cancellation fee for any assignments cancelled by the Client with less than one weeks notice.


8.2 If the Candidate cancels the assignment the Agency will try to find a suitable replacement candidate. If the Agency is unable to find a replacement candidate then a full refund will be given.


9. CLIENT OBLIGATIONS TO THE CANDIDATE


9.1 The Client agrees to pay the rate of the Candidate as agreed at the commencement of the Engagement, in addition to any agreed expenses.


9.2 The Client is responsible for all relevant contributions and tax obligations as appropriate.


9.3 For the duration of the Engagement the Client is deemed to be the employer of the Applicant and therefore responsible for all normal employment obligations.


10. INTRODUCTIONS & CONFIDENTIALITY


10.1 The Client undertakes not to introduce the Candidate to any third parties. In the event that the Client introduces a Candidate to a third party and the Candidate is subsequently engaged or employed by such third party within 18 months after the Introduction of the Candidate to the Client by the Agency, the Client shall pay to the Agency an indemnity set at the amount of the introduction Fee in accordance with clause 5 as if the Candidate had been engaged by the Client through the Agency.


10.2 If a Candidate introduced by the Agency is either (a) subsequently re-introduced to the Client by a third party and/or (b) an approach is made by the Client directly and/or (c) the Client solicits the Candidate and as a result of one or more of these events an Engagement is made, then an Introduction Fee under clause 5 shall be payable as if the Candidate had been introduced by the Agency.


10.3 All information supplied by the Agency to the Client in connection with the Engagement of the Candidate will be kept confidential by the Client and the Client shall not disclose such information to any third party other than an employee of the Client who requires the information in the course of the Client’s business, provided that the employee is bound by the same conditions of confidentiality.


11. SUITABILITY & REFERENCES


11.1 The Agency shall use its reasonable endeavour to verity the suitability of the Candidate for the Engagement in line with the Instructions and any qualifications that the Candidate requires for the Engagement, but the Agency does not guarantee the suitability of the Candidate.


11.2 The Client undertakes to use reasonable skill and care as would be expected of a normally prudent and diligent employer to satisfy itself as to the suitability or otherwise of any Candidate for the Engagement.


11.3 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 Candidate, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Candidate is engaged to work.


11.4 If upon commencement of the assignment the Candidate is found to be unsuitable it is the responsibility of the Client to notify the Candidate of the termination of the Assignment in accordance with the relevant notice periods. The Client remains responsible for paying the Applicant for all of the hours/days worked in addition to the notice period payments, as detailed in the agreement at the start of the assignment.


12. GUARANTEE


Ocean Earth Chefs agrees to replace any signed and employed Candidate that proves to be below the Clients expectations within 7 days at no further cost to the Client.


13. DETAILS OF THE CLIENT


The Client authorises the Agency to advertise the availability of the position or positions, which the Client engages the agency to seek or fill.


14. LIABILITY


The 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 the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.