Terms of business

 

General

  1. 1.Renaissance Resources Limited, trading as and hereafter referred to as Evocation EFL, is an employment business which provides EFL teachers, assistants and other education professionals (generally, “teachers”) on a supply basis to colleges, schools, and other education providers (“the client(s)”). These teachers are engaged by Evocation EFL on the basis of a contract for services, and in some cases as limited company contractors. Evocation EFL also operates as an employment agency which provides candidates for permanent positions.
  2. 2.These Terms of Business, taken together with the User Guide which may be provided to clients, govern the overall contractual relationship between Evocation EFL and its clients and supersede all others. They are subject to The Conduct of Employment Agencies and Employment Businesses Regulations 2003 which if necessary override their provisions. They may be supplemented or modified by a Director of Evocation EFL in the case of any specific placement. If no additional or modified contractual terms are provided in the case of a specific placement, then these Terms of Business constitute the entire contractual provision.
  3. 3.By notifying Evocation EFL, whether or not in writing, of a requirement for the provision of a supply teacher or agreeing to make contact with or employing a potential employee introduced by Evocation EFL, the client is deemed to accept these Terms of Business whether or not formal acceptance has been provided. We may from time to time notify the client of changes, including additions, to these Terms of Business. Unless a client tells us otherwise within seven days of notification, the client will be deemed to have accepted such changes.
  4. 4.An introduction will have been effected once the client and teacher make contact as a result of Evocation EFL’s notification of a requirement, current, potential or otherwise. Fees will be charged for any person engaged in either employment or a contract for services as a consequence of, or resulting from, an application by a client to Evocation EFL even if the introduction is made indirectly.
  5. 5.In these Terms of Business the word “employee” will apply to any person who is introduced by Evocation EFL and enters into an employment contract as a teacher or is contracted personally for services or is contracted for services via a business they control. Fees will be charged if a teacher introduced by Evocation EFL to a client in respect of a permanent position is employed by the client within twelve months of the date of introduction, or within a legally prescribed period where applicable.
  6. 6.A client who passes on an introduction of a potential employee to another school, local authority or educational establishment will be charged the appropriate fee, as set out above, if employment results.

Day-to-day and longterm supply teaching

  1. 7.Evocation EFL will provide teachers to carry out day-to-day and longterm supply teaching, as required by the client. In each case, Evocation EFL will normally provide a written confirmation of the key terms agreed before the placement begins. These terms will cover –
  • the name of the teacher, and whether the teacher is working as a limited company contractor
  • the main duties of the teacher
  • the start date and expected duration of the placement
  • the daily rate to be charged for the services of the teacher
  1. 8.Teachers supplied by Evocation EFL will carry identification at all times on client premises. They will also be supplied with timesheets which the client must sign daily or weekly in order to confirm the time worked and which may be invoiced. Clients agree to return these promptly in order to enable Evocation EFL to invoice on a prompt weekly basis. We reserve the right to withdraw a teacher if signed timesheets are not provided promptly.

Suitability and availability of teachers

  1. 9.Evocation EFL will in good faith make appropriately diligent enquiries as to the confirmation of professional and academic qualifications, the taking up of references and work permits, the assessment of medical fitness and ascertaining the suitability of any teacher or potential employee, including verification of address.
  3. In accordance with The Conduct of Employment Agencies and Employment Businesses Regulations 2003, we advise you that for all teachers provided, unless otherwise stated by us –
  • we have obtained confirmation of the teachers’ identity
  • the teachers have the experience, training, qualifications and authorisations required by you or by law or by any professional body to work in the required position(s)
    • the teachers are willing to work in the required position(s)
  2. 10.Evocation EFL will notify the client if any checks have not been completed at the moment the placement begins or previously. If a client is notified that specified checks have not been completed and decides by statement or by conduct that it wishes the placement to begin nevertheless, then the client agrees to take full responsibility for all consequences which may arise as a result and indemnifies Evocation EFL in full for such consequences.
  3. 11.No representation or warranty is made that any potential teacher is or will be available to fill a situation.


Offers of direct and permanent employment

  1. 12.Clients agree that they may not make any direct offers of work to any teacher who has been provided to them by Evocation EFL under paragraph 7 in the previous six months. Any such work organised directly between a school and a teacher will be chargeable in full by Evocation EFL.
  2. 13.Clients undertake to inform Evocation EFL in writing if they make an offer of employment to any teacher provided by Evocation EFL under paragraph 7 in the previous six months, and to provide such information as may be necessary to determine the fees payable (if any).
  3. 14.If a client makes an offer of employment to a teacher provided by Evocation EFL, an introduction fee or (where there has been a period of supply) a “transfer fee” is calculated as a percentage of the initial starting salary.

Such fee is incurred upon employment being offered to a person introduced by Evocation EFL and such offer of employment being accepted. No rebates are payable in any circumstances.

In accordance with Section 10 of The Conduct of Employment Agencies and Employment Businesses Regulations 2003, clients have the right in specified circumstances to request that a teacher works on a supply basis as an alternative to paying a transfer fee. The circumstances and options available to the client are detailed in the annex to these terms of business.

Invoicing

  1. 15.Evocation EFL’s fees are payable on presentation of invoice, properly supported by material evidence such as timesheets or information about hours worked.
  2. 16.The fees charged by Evocation EFL will bear VAT at the applicable rate.
  3. 17.Evocation EFL reserves the right to charge interest on unpaid fees. A rate of four per cent above the Bank of England’s base lending rate will apply calculated on a day-to-day basis as from the date of the invoice until the date of payment. We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.

Cancellation

  1. 18.Where a contractually binding arrangement has been made by a client to engage a teacher, and the client wishes to cancel the arrangement, then the client is immediately liable for all fees relating to work done up to the point of cancellation. In the case of an offer of permanent employment or longterm supply, Evocation EFL is additionally entitled to invoice a supplementary sum of £500 or a sum relating to its costs necessarily incurred (for instance, in defraying teacher relocation costs or in making any necessary compensation payments), whichever is greater.

Offers to Evocation EFL staff

  1. 19.Where the client engages (whether in employment or otherwise) a member of staff of Evocation EFL (whether an employee or otherwise) in a position for which Evocation EFL is instructed by the client to locate potential teachers, the client will pay a fee to Evocation EFL as if that person had been offered by Evocation EFL as a potential employee or provider of services in accordance with the terms herein.

Termination and jurisdiction

  1. 20.A client is entitled to terminate an assignment without notice provided that a reason is given, which if Evocation EFL requests will be provided in writing. Termination is effective from the time a teacher is withdrawn from duties or when Evocation EFL receives notification of termination, whichever is later. If no reason is provided, Evocation EFL is entitled to treat the end of the day of termination as the point of termination. In the event of an assignment being terminated by the client through no fault of Evocation EFL, the client will be liable to pay the fees which had been invoiced, or could properly have been invoiced, at the point of termination. Notice of termination must be received by Evocation EFL in writing unless otherwise accepted.
  2. 21.These terms shall be interpreted in accordance with English law and the parties agree to submit to the jurisdiction of the English

September 2011