TERMS AND CONDITIONS FOR THE SUPPLY OF TEMPORARY WORKERS
1. In these terms and conditions the following expressions shall have the following
meanings: “Rafah Ltd.” Registered in England and Wales no:12293541.Registered
address: 85 Great Portland Street, London, W1W 7LT acting as an Employment Business.
“Temporary Workers” – Any health or social care worker introduced and/or supplied by
Rafah Ltd to render services to the Client
“The Client” – The person, firm or corporate body together with any subsidiary or associated
person, firm or corporate body (as the case may be) to whom the Temporary Worker is
introduced and/or supplied
“Interest” – Interest calculated at the daily rate of 2% per calendar month
“Assignment” – The period during which the Temporary Worker is introduced and/or
supplied by Rafah Ltd to render services to the Client.

2. These terms and conditions are effective from 01st of November 2020 and supersede all
previous terms and conditions. All Temporary Workers are introduced and/or supplied by
Rafah Ltd to the Client upon these terms and conditions.

3. No variations of these terms is valid or shall be binding by Rafah Ltd unless confirmed in
writing with the authority of a director.

4. Rafah Ltd’s invoices are payable within 14 days of the date of the invoice.

5. Rafah Ltd reserves the right to charge interest on all invoices raised from the due date of
payment until the date payment is actually received by Rafah Ltd.

6. Rafah Ltd may, without prejudice to its other rights, suspend the services of a Temporary
Worker if a Client is late with any payment.

7. Whilst every effort is made by Rafah Ltd to give satisfaction to the Client by ensuring
reasonable standards of skills, integrity and reliability from Temporary Workers and further
providing them in accordance with the Client’s booking details, Rafah Ltd are not liable for any
loss, expense, damage, or delays arising from any failure to provide any Temporary Worker
for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack
of skill of the Temporary Worker. For the avoidance of doubt, Rafah Ltd does not exclude
liability for death or personal injury arising from its own negligence.

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8. By asking Rafah Ltd to introduce and /or supply a Temporary Worker the Client is deemed
to have accepted these terms of business. For the purpose of this clause the word
“introduce” shall be deemed to include without limitation the provision by Rafah Ltd directly
or indirectly of any details (whether provided in writing or verbally) of a Temporary Worker to
a Client.

9. The charge made by Rafah Ltd for the Workerʼs services will be in accordance with the
scale of charges advised to the Client at the time of booking. The charge includes the
Temporary Workers pay plus WTD plus Employers National Insurance contribution plus
Commission. Expenses will be charged and invoiced as agreed with the Client.

10. VAT is payable, where applicable, at the prevailing rate.

11.1 The Client undertakes to supervise the Temporary Worker to ensure the Client’s
satisfaction with the Temporary Worker’s standards of workmanship. If the Client
reasonably considers that the services of the Temporary Worker are unsatisfactory, the client may terminate the Assignment by instructing the Temporary Worker to leave the
Assignment immediately and notifying Rafah Ltd immediately or by directing Rafah Ltd to
remove the Temporary Worker. Rafah Ltd may, in such circumstances reduce or cancel the
charges for the time worked by that Temporary Worker, provided that the Assignment
terminates before the end of the first day of the Assignment or within two hours of the start
of the Assignment, if the Temporary Worker is to be used for less than 12 hours in anyone
week.

11.2 A Client may terminate an Assignment only upon giving 24 hours notice in writing to
Rafah Ltd failing which it shall be entitled to terminate an Assignment but it may do so only
upon payment of a sum equal to eight times the hourly rate for the Temporary Worker.

12. The Client is responsible for ensuring that the Temporary Workerʼs ability, qualifications
and skills are adequate to operate any equipment, machinery and/or vehicles that the
Temporary Worker may be called upon to operate and the Client will be solely responsible
for any liability whatsoever which may arise from the Temporary Workerʼs performance of
his/her duties.

13. Temporary Workers introduced and/or supplied by Rafah Ltd are engaged under
contracts for services. They are not the employees of Rafah Ltd but are deemed to be under
the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts,
errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as
though the Temporary Worker was on the payroll of the Client. The Client will also comply in
all respects with all statutes including, for the avoidance of doubt, the Working Time
Regulations and health and safety legislation including, in particular, the provision of
Employer’s and Public Liability Insurance cover for the Temporary Worker during all
Assignments.

14. The Client shall indemnify and keep indemnified Rafah Ltd against any costs, claims or
liabilities incurred by Rafah Ltd arising out of any non-compliance by the Client of clause 13
and/or as a result of any breach of these terms and conditions by the Client.

15. The Client shall notify Rafah Ltd immediately upon engaging or otherwise making use of
a Temporary Worker.

16. If within 8 weeks of the end of a Temporary Workerʼs Assignment or 14 weeks after the
start of the temporary Workerʼs first Assignment (whichever is the latter) the Client agrees to
employ or make use of the Temporary Worker in any capacity whether temporary, permanent
or self-employed otherwise than directly through Rafah Ltd or the Client refers the
Temporary Worker to an associated or subsidiary company of the Client or to any third party
who so employs or makes use of the Temporary Worker the Client will be liable to pay Rafah
Ltd an introduction fee of 150x the Workerʼs hourly charge rate. Rafah Ltd will be entitled to
invoice the Client for such fee which invoice shall be payable in accordance with Rafah Ltd‘s
terms of payment contained in these terms and conditions. Alternatively, the Client may
elect by notice of 4 weeks to extend a Temporary Workerʼs Assignment by 6 weeks on no
less favourable terms after which time the Temporary Worker may be employed directly
without further charge.

17.1 The Client will sign the timesheet and such signature or other formal confirmation of
completion of Assignment shall be deemed conclusive evidence:
(a)  that the Client is satisfied with the work done by the Temporary Worker concerned and
(b)  that the Client will pay the charges for the hours on the timesheet in full without dispute
or deduction. 

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17.2 Failure by the Client to sign any timesheet shall not preclude charging by Rafah Ltd in
full or the time actually worked by the Temporary Worker in accordance with these terms
and conditions.

17.3 Unless and until Rafah Ltd are notified of dissatisfaction as provided in Clause 11 the client shall be deemed to be fully satisfied.

18. Because of the nature of Rafah Ltd‘s business the Client acknowledges and agrees that
it is not possible for Rafah Ltd to give any warranty as to the suitability of a Temporary
Worker and shortcomings in the performance of his/her duties by the Temporary Worker
shall not entitle the Client to withhold or delay (in part or in full) payment of Rafah Ltd‘s
invoices (save and except where the Client has given notice in accordance with Clause 11 of
these terms and conditions).

19. In any event, the liability of Rafah Ltd in contract and/or tort in respect of the introduction
and/or supply of any Temporary Worker to the Client shall be limited to the profit element of
Rafah Ltd‘s charges to the Client in respect of the Temporary Worker. Service Users in their
own homes will be exempt from clauses 12, 13 and 14 of these Terms and Conditions.

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