TERMS & CONDITIONS OF BUSINESS
Therapists4U Limited
In these Terms & Conditions, “we”, “us” and “Therapists4u” refers to Therapists4u Limited. Therapists4u Limited (trading as Therapists4u) is a company registered in England and Wales. Our registered office address is: 8 High Street, Alcester, B49 5AD (Company No. 10388106).
Contracts for the purchase of services will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in these terms affects your statutory rights.
1. THE SERVICE & BOOKING CONDITIONS
- Core Provision: Therapists4u provide temporary cover to Spa and similar locations by supplying qualified beauty and well-being practitioners.
- Invoicing Basis: Therapists4u invoices directly for the hours covered. The minimum chargeable rate is 5 hours per booking. If a therapist is requested for a full day, those requested hours will be invoiced.
- Treatment Safety Limits: For the mutual benefit of both our therapists’ well-being and the quality of service provided to the client, massage treatments are strictly limited to five hours in one day. In exceptional circumstances, with the explicit consent of the therapist and your acceptance that treatment quality may diminish, an extension may be possible. This will attract a surcharge added to the agreed rate.
- Premium Rates: A higher premium rate will be added to the standard hourly charge for any assignments occurring on Bank Holidays.
- Travel Expenses: A designated fee for travel expenses will be added to the invoice if the assigned therapist has to travel a significant distance to the location.
2. CANCELLATION CHARGES & FEES
All cancellations or booking modifications must be submitted with written notice and are subject to the following strict fee schedule:
- Same-Day Cancellation: The full fee (100%) of the scheduled daily rate is applicable.
- Less than 2 Days’ Notice: A cancellation fee of 50% of the daily rate is applicable.
- Standard Cancellation / Modification Fee: A booking administration fee of £20 will apply for all other cancellations, including any changes made to hours already booked.
- Emergency Cover Surcharge: A flat charge of £40 is added for the provision of same-day emergency cover.
3. PERMANENT PLACEMENT FEES, INTRODUCTIONS & EXTENDED HIRE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of our products or services. By choosing to use Therapists4u, you agree to be bound by these terms. Once placed, therapists are contracted to us and cannot be employed directly by you without commercial agreement.
- 3.1 The 12-Month Introduction Period: If the Client engages or employs a Therapist directly (as an employee, casual worker, zero-hours worker, or self-employed contractor) who was introduced, shortlisted, or interview-profiled by Therapists4u, the Client agrees to pay a Permanent Placement Fee. This fee applies if the direct engagement takes place within 12 months from the date of the initial introduction or the date the Therapist’s profile was submitted.
- 3.2 Temporary-to-Permanent Transfers (Conduct Regulations Compliance): Where a Therapist has been actively supplied to cover temporary shifts at the Client’s location, the right to charge a Permanent Placement Fee applies if the direct engagement takes place within the longer of the following statutory windows under Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003:
- Within 14 weeks from the start date of the Therapist’s first assignment with the Client; or
- Within 8 weeks from the day after the Therapist last worked on an assignment with the Client via Therapists4u.
- 3.3 The Mandatory Extended Hire Option: In compliance with UK statutory law, where a temporary transfer fee is triggered under Section 3.2, the Client may, by giving 1 week’s prior written notice to Therapists4u, elect to take an Extended Period of Hire as an alternative to paying the cash fee.
- If elected, Therapists4u will continue to supply the Therapist for a continuous period of 14 weeks on standard trading terms no less favourable than those previously applying.
- If the Client fails to book the therapist for the full 14 weeks, or if the assignment terminates early through no fault of Therapists4u, the full cash Permanent Placement Fee becomes immediately payable.
- 3.4 Fee Calculations & Variable/Zero-Hours Salaries: If the Client does not elect the Extended Period of Hire (or where an introduction fee applies under Section 3.1), the Permanent Placement Fee will be calculated based on gross annualised earnings:
- Engagement With Prior Knowledge: 15% of the gross annualised salary or full-time projected earnings.
- Engagement Without Prior Knowledge (Circumvention): A full fee of 20% of the gross annualised salary or full-time projected earnings will be applicable with no refund made.
- Zero-Hours / Variable Calculation Formula: Where a Therapist is engaged by the Client on a zero-hours, variable, or part-time contract, the gross annualised salary will be calculated using the highest standard hourly agency rate charged to that specific Client during their last active assignment, multiplied by a standard 37.5-hour working week over 52 weeks.
4. PAYMENT TERMS & LATE FEES
- Overdue Invoices: We reserve the strict right to add an additional 10% service charge to any invoices that remain unpaid past their designated due date.
- Non-Waiver: If either party fails to enforce any of the conditions of a contract, it does not mean that it cannot do so in the future. If we do not take immediate action against you for committing a breach or any delay, it does not mean we waive our right to enforce obligations in the future.
5. LIMITATION OF LIABILITY & FORCE MAJEURE
- Our Liability: We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- Events Outside Our Control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event. Our performance is deemed to be suspended for the period that the Force Majeure Event continues.
6. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We have the right to revise and amend these terms and conditions from time to time.
