Terms Of Business
AMD HEALTH CARE LTD – TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY AGENCY WORKERS
1. DEFINITIONS & INTERPRETATION
1.1 In these Terms of Business ("Terms"), the following definitions apply:
• "Assignment" means the period during which an Agency Worker is supplied by the Employment Business to provide temporary support services under the Client’s operational supervision.
• "Client" means the corporate care provider, registered care home, supported living provider, or organisation engaging the services of AMD Health Care LTD.
• "Employment Business" means AMD Health Care LTD (Company No. 17488871), Registered Office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
• "Agency Worker" means the temporary Support Worker or Healthcare Assistant introduced and supplied by AMD Health Care LTD.
• "Conduct Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
1.2 These Terms govern the supply of temporary non-regulated support staff and healthcare assistants. AMD Health Care LTD acts as an Employment Business as defined under the Employment Agencies Act 1973.
2. THE CONTRACT
2.1 These Terms constitute the entire contract between AMD Health Care LTD and the Client for the supply of temporary staff.
2.2 These Terms are deemed accepted by the Client upon requesting, booking, interviewing, or engaging an Agency Worker, or upon authorising an Agency Worker's timesheet.
2.3 No variation of these Terms is valid unless confirmed in writing and signed by a statutory Director of AMD Health Care LTD.
3. CLIENT OBLIGATIONS & SUPERVISION
3.1 The Client acknowledges that Agency Workers are supplied on a temporary basis to assist the Client’s existing care team. During the Assignment, Agency Workers work under the direct supervision, direction, instruction, and operational control of the Client’s Registered Manager or Shift Lead.
3.2 The Client is responsible for providing on-site health and safety orientation, fire safety briefings, and informing the Agency Worker of any setting-specific risk assessments, service user care plans, or behavioural guidelines.
3.3 The Client shall ensure that Agency Workers are not requested or permitted to perform regulated activities outside their assigned non-regulated remit (such as delegating clinical nursing duties or invasive medical interventions without verified clinical protocols).
4. TIMESHEETS & AUTHORISATION
4.1 At the end of each shift or weekly assignment, the Client's authorised manager or shift supervisor shall sign the AMD Health Care LTD timesheet (or approve electronic time records), verifying the total hours worked.
4.2 Signature of a timesheet constitutes conclusive acceptance that the hours recorded were completed satisfactorily.
4.3 If the Client disputes the hours recorded, they must notify AMD Health Care LTD within 24 hours. The Client may not withhold signature on the basis of general service dissatisfaction, which shall be resolved in accordance with our Complaints Policy.
5. CHARGES & PAYMENT TERMS
5.1 Hourly charge rates are agreed upon booking confirmation and include the Agency Worker's pay, statutory holiday accrual, employer National Insurance contributions, and agency commission.
5.2 Invoices are issued weekly and are strictly payable within 30 days from the invoice date.
5.3 In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, AMD Health Care LTD reserves the right to charge statutory late interest (8% plus Bank of England base rate) plus statutory debt recovery compensation on overdue accounts.
5.4 Invoice queries must be raised in writing within 7 calendar days of invoice date.
6. CANCELLATION CHARGES
6.1 The Client may cancel a confirmed booking without charge provided a minimum of 12 hours’ written or telephone notice is given to AMD Health Care LTD prior to shift commencement.
6.2 If a booking is cancelled with less than 12 hours’ notice, the Client shall pay 50% of the scheduled shift charge.
6.3 If a booking is cancelled with less than 4 hours’ notice, or if an Agency Worker is turned away upon arrival, the Client shall pay 100% of the scheduled shift charge (subject to a minimum 4-hour charge).
7. TRANSFER & INTRODUCTION FEES (CONDUCT REGULATION 10)
7.1 If the Client directly employs, engages, or introduces an Agency Worker to a third party within the relevant statutory restriction periods defined under Regulation 10 of the Conduct Regulations (within 14 weeks from the start of the first Assignment, or 8 weeks from the end of the last Assignment, whichever is later), the Client shall be liable to pay:
• A Transfer Fee equal to 20% of the Worker’s first-year gross starting salary or annualized earnings; OR
• Elect, upon giving 7 days' written notice, an extended hire period of 12 weeks at standard agreed hourly rates.
8. LIABILITY & INDEMNITY
8.1 AMD Health Care LTD conducts comprehensive candidate compliance in line with UK Safer Recruitment standards, including Enhanced DBS checks, Right to Work verification, and mandatory practical training certifications.
8.2 Because Agency Workers operate under the direction and supervision of the Client during shift assignments, AMD Health Care LTD shall not be liable for any loss, damage, expense, or delay arising from any act, error, or omission of an Agency Worker, except where liability cannot be excluded by law (death or personal injury caused by AMD Health Care LTD's proven negligence).
8.3 The Client shall maintain adequate Employer’s and Public Liability Insurance covering temporary agency personnel on site and shall indemnify AMD Health Care LTD against any claims arising from the Client’s premises, instructions, or breach of statutory duties.
9. JURISDICTION
These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.