5. Предшествующие переписка и переговоры

Вся переписка и переговоры, которые имели место до подписания Контракта, теряют силу.	All correspondence and negotiations that have place prior to the signing of the contract shall be considered null and void.
С момента подписания настоящего Контракта все предыдущие переговоры и переписка по нему теряют силу.	Form the date of signing the present Contract all previous discussions and correspondence concerning the Contract are to be considered null and void.
Все соглашения, переговоры и переписка между сторонами по вопросам, изложенным в настоящем. Контракты, имевшие место до подписания Контракта, теряют силу с даты подписания Контракта.	After the Contract has been signed all the preliminary agreements, discussions and correspondence between the Parties concerning this Contract are to be considered null and void.
После подписания Контракта вся предыдущая переписка теряет силу.	After this Contract has been signed, all and any correspondence pertaining there to be considered null and void.

Appendix 2

Образцы договоров на английском языке

Contract 1

Terms and conditions of business

General Provisions

1. In these terms and conditions of business ("these Terms") the following words have the following meanings:

"The Company" means Russian London Personnel;

"Client" means the person, firm or company (and any of their Associates) to whom the Applicant is introduced or in the case of a Temporary Worker to whom the Temporary Worker is supplied;

"Associates" has the meaning in section 435 Insolvency Act 1986;

"Applicant" means the person introduced by the Company for an Engagement including (without limit) any Temporary Worker;

"Introduction" means the Client's interview of an Applicant in person or by telephone following the Client's instruction to search for an Applicant or the passing to the Client of any information, which identifies the Applicant;

"Engagement" means any employment or use on a permanent or temporary basis of an Applicant or Temporary Worker, whether under a contract of service or for services, or under any agency, licence, franchise or partnership agreement or any other manner and "Engage" shall be construed accordingly;

"Temporary Worker" means an Applicant whose services are to be supplied by the Company to the Client;

"Assignment" means the period during which the Temporary Worker is supplied to render services to the Client;

"Salary" means gross base Salary and any guaranteed bonus payable by the Client to the Applicant;

"Fee" means the Fee payable by the Client to the Company. References in these Terms to one gender include the other genders and references to the singular include the plural and vice versa.

2. These Terms are deemed to be accepted by the Client by virtue of the Client requesting details of, an Introduction to or the Engagement of an Applicant. No variation can be made to these Terms without prior discussion and the written consent of a director of the Company.

3. 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 of any Applicant or the Engagement of any Applicant by the Client or from the failure by the Company to introduce any Applicant. However, the Company does not exclude liability for death or personal injury arising from its own negligence.

4. Pro-rated Fees, charged for a fixed term contract, do not constitute part payment of any permanent placement Fee.

5. The Company must receive payment for permanent placement invoices within 10 working days of the date of any invoice presented unless agreed in writing by prior arrangement with a manager or director of the Company. Should any invoice remain unpaid for a period of 10 working days from the due date of the invoice, the following rules will apply:

5.1. Any refund which may otherwise have become due is void and full payment will be due from the Client;

5.2. The Company shall have the right to charge interest at 3% above the base rate of Barclays Bank plc on the total unpaid amount and a further invoice for the amount due will be submitted to the Client which itself must be paid within 1C working days of the invoice. For each further period of 10 working days for which some or all of the original invoice, or any subsequent invoice, remains unpaid the Company will submit a further invoice charging interest at the rate of 3% above the base rate of Barclays Bank plc on any amount remaining unpaid on any previous invoice;

5.3. Any discount on Fees agreed by the Company will immediately become null and void and the full Fee which would have been payable without any such discount will immediately become payable. The Company will submit to the Client a further invoice for the excess now due, which invoice will be payable within 10 working days of the date of the invoice unless special terms have been agreed in writing with a manager or director of the Company;

Any refunds for Contract placements must be agreed in writing with a manager or director of the Company.

Any refunds in respect of changes from temporary to permanent placements must be agreed in writing with a manager or director of the Company.

6. For the purposes of all Data Protection legislation, the Client consents to the Company processing data regarding it for all purposes connected with the Company's business.

7. The Company endeavours to ensure the suitability of any Applicant. Notwithstanding this, the Client shall satisfy itself as to the suitability of any Applicant and shall take up references provided by an Applicant and/or the Company unless the Company agrees in writing in advance to do so. The Client shall be responsible for obtaining work and other permits if required, for the arrangement of any appropriate medical examination, and /or investigations into the medical history of any Applicant.

8. The Client shall indemnify and keep indemnified the Company against any costs, claims or liabilities incurred by the Company arising out of any Assignment and/or as a result of any breach of these Terms by the Client.

9. These Terms are governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.

Provisions for the Engagement of Permanent Staff

10. The Client shall notify the Company immediately:

10.1 of any offer of an Engagement to an Applicant;

10.2. when and if any offer is accepted and shall immediately then provide details of the Salary payable to the Applicant in respect of the Engagement.

11. If any Applicant is Engaged by the Client for an indefinite period or for a fixed period of more than six months, then the Fee payable by the Client to the Company is:

11.1.17.5 % of the annual Salary where the annual Salary is less than £35,000;

11.2. 20% of the annual Salary where the annual Salary is £35,000 or more.

All Fees are payable within 10 working days of the commencement of the Engagement (the Credit Period). All sums payable to the Company are exclusive of and subject to value added tax where applicable.

12. In the event that the Client agrees and The Company accepts exclusivity, resulting in an Engagement, the percentages referred to in Clause 11 shall be reduced by 2.5%, subject to previous written agreement to such effect between the Client and the Company.

13. The Company's introductory Fee will be invoiced at the end of the first 5 working days. The Client is entitled to a guarantee period as explained below ONLY IF the Company's payment terms are adhered to. The guarantee period works as follows: should a contract of employment terminate within 100 days, the Company will make a refund of 100% of the Fee provided written notification is received within 5 working days of the termination of the employment and the invoice has been paid within 10 working days of the commencement of the employment. An administration fee of £150 (plus any applicable value added tax) will be charged and wherever possible set off against the refund except that where the termination arises from the Applicant is made redundant by the Client the administration fee will be waived.

14. Refunds will be made promptly provided the employer has paid the relevant invoice within 10 working days of the invoice date and also notifies Company by fax on 020 7637 5151, or otherwise in writing, immediately the Engagement is terminated.

If the Company Introduction Fee is not paid within 10 working days of the invoice date no refund will be made.

15. The Client will not be entitled to any refund where the Applicant had, prior to the commencement of the Engagement been:

15.1. engaged by the Client as a Temporary Worker;

15.2. engaged by the Client as a permanent worker; or where

15.3. the engagement is for a fixed period of 6 months or less.

16. Salary includes any guaranteed bonuses, and benefits, such as a car and London Weighting.

17. If any Applicant is Engaged by the Client for a fixed period of 6 months or less then the Fee payable by the Client to the company is 30% of the Salary payable to the Applicant for that fixed period. For example, if the Applicant is engaged for 3 months at an aggregate Salary for that period of £5000, the Fee is 30% of £5000 i.e. £1500. However, if this Fee exceeds the Fee that would have been payable pursuant to clause 14 had the Engagement been indefinite or for more than 6 months then the Fee under clause 11 shall be payable instead.

18. Introductions of Applicants are strictly confidential. The disclosure by the Client to any third party of any details of any Applicant that results in the Engagement with that third party or any of its Associates within 6 months of the Introduction will render the Client liable for payment of the Fee set out in clause 11 where such Applicant is Engaged and no entitlement to a refund as described in clause 13 will apply.

Provisions for the Engagement of Temporary Workers

19. The Fees will be agreed in advance. Normally this will be based on an hourly rate.

20. The Company will submit invoices for its Fees weekly. The invoices are payable on presentation.

20. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of less than a week or is completed before the end of a week) the Client shall sign the Company's time-sheet verifying the number of hours worked by the Temporary Worker during that week. The Client's signature on the time sheet signifies acceptance by the Temporary Worker carried out by the Temporary Worker to the Client's satisfaction. However, a failure by the Client to sign any time sheet will not affect the Client's obligation to pay the Fees in respect of the hours worked.

20. The direct engagement by the Client of a Temporary Worker introduced by the company at any time within six months of the end of the Temporary Worker's Assignment will make the Client liable to pay a Fee in accordance with the terms of business for permanent staff referred to in clauses 11 and 13 above. No refund of any such Fee will be made if the engagement is subsequently terminated, as the Client will have had the benefit of a trial period. Any Introduction of the Temporary Worker by the Client to a third party resulting in the Temporary Worker's direct engagement will also be subject to a Fee in accordance with the terms of business for permanent staff referred to in clauses 11 and 13 above to become payable by the Client.

21. Should a Temporary Worker be considered unsuitable by the Client during the fist four hours of an Engagement and the Client terminates the Engagement immediately and informs the Company of this during that time, no Fee will be payable.

22. Whilst every effort is made by the Company to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from Temporary Workers, the Company is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from negligence, dishonesty, misconduct or lack of skills of the Temporary Worker. However, the Company does not exclude liability for death or personal injury arising from its own negligence.

23. Temporary Workers are engaged by the Company under contracts for services. They are deemed to be under 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 he was on the payroll of the Client. The Client shall also comply in all respects with all statutes including without limit the Working Time Regulations, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client's own staff (other than the payment of remuneration and the operation of PAYE and national insurance contributions where appropriate), including in particular the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all Assignments. The Client shall also advise the Company of any special Health and Safety matters about which the Company is required to inform the Temporary Worker. The Client will assist the Company in complying with the Company’s duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Company and the Client will not do anything to cause the Company to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more then 48 hours in any week, the Client must notify the Company of this requirement before the commencement of that week.

20. The Client undertakes to supervise the Temporary Worker sufficiently to ensure the quality of the work.

Name_____________________________ Signature__________________________

Date_______________ Position in Company_____________________________

Contract 2

Terms & Conditions ECR – Hospitality Recruitment

ECR will act as intermediary for the principal in concluding labour contracts between the principal and hospitality employee(s) from the ECR database in accordance with the profile of the required hospitality employee(s) as incorporated by the principal in the “Candidate request form / Attachment to contract ECR” and on conditions mentioned under B hereafter.