THE CHEF FOUNDATION

Gastronomic Recruitment & Consultancy

8 Pearson Mews

London

Sw4 6EL

Direct Line: 07952 667117

www.thecheffoundation.com

The Chef Foundation

Terms of Business

1

SUPPLY OF STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT

(Where the Agency is acting as agent)

  1. DEFINITIONS

1.1        In these terms of business the following definitions apply:

“Applicant” means the person introduced by the Company to the Client for an Engagement including members of the Company’s own staff.

“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Applicant is introduced.

“The Company” means The Chef Foundation

8 Pearson Mews

London

SW4 6EL

“Engagement” means the engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under contract of services or for services, under an agency, license, franchise or partnership agreement, or any other engagement.

“Introduction” means the Clients interview of an Applicant in person or by telephone following the Client’s instruction to the Company to search for an Applicant or the passing to the Client of a curriculum vitae or other information which identifies the Applicant and which leads to an Engagement of that Applicant by the Client.

“Remuneration” means the gross remuneration which the Applicant is entitled to earn during the first 12 months of their engagement by the Client. Remuneration includes all salary, payments and other taxable emoluments payable or received by the Applicant or services rendered to or on behalf of the Client.

1.2       Unless the context otherwise requires, references to the singular include the plural and references to the   masculine include the feminine and vice versa.

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

2          CONTRACT

2.1       These terms and conditions are deemed to be accepted by the Client by virtue of an interview or the       engagement (which term includes employment or use, whether under contract of services or for services,    or under an agency, license, franchise or partnership agreement) of an Applicant introduced by the          Company.

2.2       No variation or alteration of these terms shall be valid unless approved by the Company in writing.

2.3       Unless otherwise agreed in writing by the Company these terms prevail over any terms of business or     purchase conditions proffered by the Client.

3          NOTIFICATION, FEES & REFUNDS

3.1        The Client agrees

  1. a) To notify the Company immediately an Engagement is accepted, and
  1. b) To pay the fee of the Company within 21 days of the date of invoice.

The Chef Foundation

Terms of Business

2

3.2 Payment terms are strictly 21 days from the date of invoice, unless special arrangements have been made. The Company reserve the right to apply a charge of 8% per annum, above the Bank of England base rate as of the 31st Dec and the 30th June to any overdue payments. In the event of non-payment the fees from the Company’s Collection Agency, of 17.5%, will be added to the original invoice.

3.3 The fee payable to the Company by the Client for the introduction of an Applicant is calculated as set out in the accompanying scale of fees on the gross remuneration that the Applicant is entitled to earn during the first 12 months of their Engagement by the Client.

3.4 Should the relevant employment terminate before the expiry of 12 weeks from the commencement of the Engagement (save where, as a result of the Applicant being made redundant by the Client or terminated without satisfactory explanation to the Company) the fee will be rebated in accordance with the accompanying scale of refunds, provided the Client notifies the Company in writing within 7 days of such termination and the invoice has been settled within 21 days of the invoice date.

3.5 If, after the offer of Engagement has been accepted by the Applicant, the Client decides for any reason not to proceed with the appointment, it shall be liable to pay the Company the minimum fee indicated in the scale of refunds.

3.6 Should the Client or any subsidiary or associated company of the Client subsequently re-engage the Applicant within a period of 12 months from the date of termination, or withdrawal of offer, a full fee in accordance with these terms becomes payable. (With no entitlement to a refund).

4 INTRODUCTIONS

4.1 Introductions are confidential.

An introduction fee calculated in accordance with these terms will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Company, even though the introduction may be made indirectly. The term Applicant refers to the person introduced by the Company to the Client; including members of the Company’s own staff.

5. SUITABILITY

5.1  The Company endeavours to ensure the suitability of any Applicant introduced to the Client. The Client shall notwithstanding satisfy their self to the suitability of any Applicant and shall take up references provided by the Applicant and/or the Company before engaging said Applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into medical history of any Applicant and satisfies any medical or other requirement or qualification required by law.

6 LIABILITY

6.1 The Company shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the Company seeking an Applicant for the Client or the introduction by the Company to the Client of any Applicant or the engagement of any Applicant by the Client.

7 GENERAL

7.1 No variation can be made to these terms without the written consent of the Company.

SCALE OF FEES & REBATES

Fees:

A flat fee of 10% of an applicant’s gross annual salary is charged on all full time permanent placements.

Refunds:

Period of Employment   % of Fee Refunded

1 – 2 Weeks                 100% (Less £150 minimum charge)

3 – 4 Weeks                 75%

5 – 6 Weeks                60%

7 – 8 Weeks                 40%

9 – 12 Weeks               20%

There will be no refund where an applicant leaves during or after the 13th week of engagement.