Temporary Workers

D&A Recruitment also provides work-seeking services for temporary workers engaging via an intermediary company, being either our partner payroll company (as detailed below) (the Partner Intermediary) or a personal services company. If we are to provide you with these services we will act as an employment business as defined under the Employment Agencies Act 1973 and you will be engaged on a contract for services

Form 2: Engagement via our Partner Intermediary company

If you have not previously worked as a Limited Company Contractor and are not employed in a personal services company and/or would like to be engaged through our Partner Intermediary then you will need to agree to be employed under their standard terms, as attached at Appendix B for your reference.. Please note that this means you will be employed by the below Partner Intermediary and not us.

Please also review the Required Intermediary Information set out in Appendix A, which explains some key terms of how your employment via the Partner Intermediary will work.

Form 3: Engagement as Limited Company Contractor via the candidate’s personal service company

If you have previously worked as a Limited Company Contractor and would like to be engaged through an intermediary which is a personal service company, then this Company will need to agree to be engaged on D&A Recruitment’s standard terms. This engagement can be to supply employees within or opted out of the Conduct Regulations 2003.

Please note that we will contract directly with the personal service company and you will continue to be employed by that company on your existing terms.

Please will you also complete the Limited Company Checklist in Appendix E.

Re: Conduct of Employment Agencies and Employment Business Regulations 2003 – Opt Out

Please select ONE of the following options. In certain circumstances, your occupation and/or contract may preclude you from opting out.

I the undersigned Contractor and Employee of

hereby give notice pursuant to regulation 32(9) of the above regulations that I do not wish the regulations to apply to any engagements through ipayuk Ltd, so far as may be possible (issue of this notice does not come into force if my profession does not allow me to opt out).

I the undersigned Contractor and Employee of ipayuk Ltd hereby give notice pursuant to regulation 32(9) of the above regulations that we do not wish to opt of the regulations.

Appendix E Limited company checklist

(forename and surname) certify that to the best of my knowledge the information that I have provided is comprehensive and precise, also that the documentation that I have provided are true. I understand that any misrepresentation of facts or documents herein is grounds for immediate dismissal on the grounds of gross misconduct. I fully understand that D&A Recruitment will carry out every quarter, a Limited Company compliance check to confirm that the details I have provided are still accurate. Further my details will be checked on company house files to confirm authenticity. As will VAT registrations be thoroughly checked.

Our services

1. Whilst your personal details are registered on our database, it is agreed that:

• (a) We may search for opportunities for you from time to time and at our absolute discretion. If we consider any opportunity may be suitable for you to undertake, we may inform you of the opportunity.
• (b) Where appropriate, we may arrange an interview with a client and may conduct negotiations with clients. However, we offer no guarantee that when you are informed of an opportunity that the client will make an offer of work to you.
• (c) We have no obligation to provide you with any information or service other than as stated in this agreement or required by law.
• (d) We do not guarantee that any work will be found and we do not accept any liability if we do not locate any such work for you, nor do we guarantee that any work found will be suitable for you.
• (e) You accept that a client may withdraw an opportunity at any time before an engagement, and, whilst we shall endeavour to obtain accurate information from a client, whether as to a role, duration, nature of the work or otherwise, we cannot guarantee its accuracy.
• (f) We may remove your registration details from our database at any time.

Your personal details

2. In consideration of registration of your personal details on our database, you agree:

• (a) To provide us with a full and accurate summary of your personal employment history, proper evidence of your entitlement to work in the United Kingdom and evidence of any qualifications, such as certificates or diplomas, all in accordance with the applicant registration form.
• (b) To provide us with any information we reasonably request which is relevant to the decision of a client to engage you. We do not routinely operate health screening but in some cases we may request details relating to your health where this may affect your ability to perform tasks which are intrinsic to the role. We may also request details of any criminal convictions in accordance with our statutory obligations.
• (c) To notify us immediately of any change in any of the information that you have provided to us at any time.
• (d) To our retention and use of all information and documents we obtain, either from you or from any other party relating to you, for the purpose of both our work finding services and our statutory obligations.
• (e)To the provision of such information and documentation to a client and relevant use by the client. You may withdraw your consent by notice in writing to us at any time.
• (f) At our request to provide us with names and contact details of suitable referees.

General Terms

3. It is further agreed that:

• (a) Where you are engaged by a client, whether directly or via our Partner Intermediary or another third party of your choice, you will be solely responsible for the contractual arrangements between you and the client or any third party.
• (b) This agreement may be terminated by either party giving one week’s written notice to the other.
• (c) This agreement is the sole agreement between you and us and supersedes any previous agreement, whether written or oral.
• (d) You have not relied on any representations made by us that are not set out in this agreement.
• (e) This agreement may only be varied by the written agreement of both parties.
• (f) If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction, to be invalid, unenforceable or unlawful, the other provisions shall remain in force.
• (g) If any invalid, unenforceable or unlawful provision would be valid, enforceable or lawful if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intent of the parties.
• (h) If any invalid, unenforceable or unlawful provision would be valid, enforceable or lawful if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intent of the parties.
• (i) You will not be directly be Employed/Engaged by D&A Recruitment Ltd.
• (j) I authorise D&A to pass my details on to thirds parties and or their payroll providers

Processing Personal Data

Please note that we will always process your information in accordance with our Fair Processing Notice provided at Appendix D.

Agreement

You and the Company accept and agree the terms of this Work seeker’s agreement by signing below.

Data Processing Confirmation

Passport Copies

Appendix A

Required Partner Intermediary Information

Please note the following information which will apply to your engagement through an intermediary company.

D&A Recruitment undertakes to pay your remuneration when due in relation to this engagement, even if we have not received payment from the hirer.

The length of notice of termination which you will be required to give the D&A Recruitment, and which you will be entitled to receive from the us, in order to terminate an assignment will be will be 1 day (excluding weekends and public holidays).

The rate of remuneration you will receive/rate of remuneration we reasonable expect to obtain for you, will be the National Minimum Wage and will be paid on a weekly basis.

You will be paid holiday pay on account of your entitlement to be paid leave under the WTR and the 12.07% of each payment we make to you for time that you have worked is in respect of holiday pay (subject to you earning a minimum hourly rate of £8.50).

Appendix C Terms of engagement with payroll company

THIS AGREEMENT IS MADE ON                         08/04/2019 BETWEEN

ipayuk Ltd Unit D, South Cambridge Business Park, Babraham Road, Sawston, Cambridge, CB22 3JH

WHEREAS

1. We are, amongst other things, in the business of entering into contracts to perform services and/or supply the services of consultants to clients.
2. We wish to employ you and you wish to be employed by us on the terms set out herein.
3. This agreement comprised in this and the following pages sets out the basis of your employment with us, explains the terms upon which we are prepared to enter into Contracts, how you will be paid by us, our respective obligations and records the entire contractual obligation between you and us.

In consideration of the mutual benefits it is hereby agreed that we will employ you on the terms set out in the Terms and Conditions on the following pages, which, by signing the ipayuk Ltd registration form, you accept which you confirm you have read and fully understood.

ipayuk Ltd will take as your acceptance the terms of this contract if you fail to return a signed copy of this contract within 7 calendar days.

IMPORTANT NOTE:

PLEASE READ THIS DOCUMENT IN THE FOLLOWING PAGES CAREFULLY. IT SETS OUT THE ARRANGEMENTS UPON WHICH YOU AGREE TO WORK FOR US. IT IS IMPORTANT THAT YOU UNDERSTAND THIS AGREEMENT BEFORE ACCEPTING IT. THE DOCUMENT INCLUDES YOUR AGREEMENT TO OPT OUT OF THE CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES REGULATIONS 2003 – see clause 10.

TERMS AND CONDITIONS

The following definitions shall apply:

Acceptance – Confirmation from us to you, either orally or in writing, of our acceptance of an Offer.

IMPORTANT NOTE: The terms of an Assignment will be binding upon you from the time we notify you of our Acceptance

Assignment – The arrangement under which work is available for you at the Pay Rate, the temporary location, and nature and/or duration of availability, of such work being as referred to in a relevant Contract, the arrangement being subject to the terms of this agreement

Client – A third party, comprising either an employment business or other business, and who is the party with whom we contract as stated in a Contract

Commencement Date – The date for commencement of the first Contract entered into by us under the arrangements set out in clause 7 after the date of this agreement

Contract – The agreement between us and a Client for the provision of the Services

Contract Site – The site to which we have been asked by the Client for you to report or provide your services, being the temporary workplace specified in an Assignment, or such other site as may be agreed from time to time

Employment Date – The date your employment first commenced with us under any previous employment agreement between you and us that has not ended prior to the date hereof

End User – Any third party, not being the client, for whom or at whose premises the Services are performed

Expenses – Reasonable travel and other expenses incurred in the performance of your duties under this agreement and evidenced by original receipts, provided such expenses are necessarily incurred in the performance of your duties or to attend to perform your duties and qualify for tax purposes as deductible in accordance with Chapter 2 of the Income Tax (Earnings and Pensions) Act 2003, as amended

Holiday Pay – An advance on account payment of sums due to you for annual leave in accordance with the Working Time Regulations 1998 as amended (“WTR”)

Offer – Confirmation from you either in writing or orally that the terms of a proposed Contract are acceptable and may be incorporated within an Assignment subject to the remaining terms of this agreement, and amounting to your offer to work for us on the terms of such an Assignment

Pay Rate – A sum per hour or other equivalent to the minimum rate allowed by the Minimum Wages Act 1998

Payment Terms – Subject to your compliance all payments will be made in line with the terms of your agreed assignment with the Client or End User.

Request – An oral or written request by you for us to enter into a proposed Contract

Services – The services specified in an Assignment for the Client

Work Time – The proposed hours during which you are requested to provide your services as indicated in an Assignment or any other time when you are providing work to us.

CONTRACT OF EMPLOYMENT

1. From the Commencement Date you shall be our employee under the terms set out herein.
2. This agreement is a contract of employment between you and us, and your permanent workplace is our offices.
3. You are engaged by us as an hourly (or other time) paid worker to provide services that we may reasonably require from time to time in the light of your skill sets. Those services are not exclusively limited to work under Assignments.
4. Where there is an Assignment you shall undertake the Services as a worker engaged by us in the manner described in clause 10, but not so that any of the provisions in this agreement, other than under this paragraph impose any obligation upon you unless expressly stated to the contrary.
5. In the event that there is a downturn in work and therefore a reduction in the requirements of the Employer for work of a kind which you are employed to do, the Employer reserves the right not to provide you with work (i.e. lay you off and ask you to remain at home without pay) or to reduce your hours of work.
6. In between Assignments in consideration of our continuing obligation to consider any Request and to facilitate work for you on a Commission earning basis but not so that your failure to comply with these obligations or to locate any new work will render you liable to us for any damages you agree that: -

1. you must report to our offices as we request
2. you are obliged to follow our proper instructions where we ask you to provide any additional work

1. No terms other that those stated in this agreement are implied and are excluded to the maximum extent permitted by law. In particular:

1. We do not provide work finding services of any kind
2. Whilst we may consider any Request we are under no obligation to do so
3. We are under no obligation to accept any proposed Contract and we may decline to do so if the terms of the proposed Contract are not acceptable to us for any reason; similarly, we are under no obligation to accept any Offer and may reject proposed Contract at any time prior to issuing our Acceptance
4. No terms are implied arising from any requirement of the Client or End User under an Assignment and specifically you do not have our authority to submit to any terms requested by a Client or End User other that such that are stated as performance requirements under a Contract
5. You are not authorized to spend any time in between Assignments in travelling to and from any third party premises, or attending any meetings other than with ourselves unless we give our prior written consent.

ADDITIONAL CONDITIONS

1. Your employment is also subject to the following:

1. You will be notified of any changes from time to time to these terms and conditions.
2. There are no collective agreements which affect the terms and conditions of your employment

WHAT WE ASK OF YOU

1. You must:

1. Confirm details of the time you have worked for us at the times and in accordance with the procedures that we notify you
2. Where you are working under an Assignment, in addition to the entry of time in accordance with clause 10(a), record your hours or other time worked on a timesheet to be verified by the Client or End User as appropriate, and, as our agent, submit the same to the Client, and provide us with a copy if we request it
3. Notify us promptly if you wish to withdraw a Request or Offer (where you have asked us to enter into a Contract) or you no longer wish to provide services to a Client or End User and provide us with a suitable explanation where appropriate
4. Let us know if you have any reason to believe that the Client or End User will not sign any timesheet in respect of your work, with any reasons for your belief
5. Let us know immediately if a Client or End User informs you either verbally or in writing that the Contract is ended
6. Keep us promptly advised of any amendment to your contract details, and if you are not an EU national any restriction on your right to work in the United Kingdom
7. Act in good faith at all times
8. Not submit to the control of a Client or End User to the extent that you consider that you have a direct contractual obligation with that Client or End User, which is an obligation other than to us pursuant to this Agreement

WHEN PERFORMING WORK DURING WORK TIME

1. You acknowledge that, if the Client is to continue to make work available under a Contract and therefore an Assignment, the Client or End User will expect those services to be provided by you on our behalf on certain conditions. Accordingly, during an Assignment, you recognize that you should comply with the following conditions:

1. You undertake your work services professionally, promptly and efficiently and in good faith using your skill and expertise and with due care and to the best standards expected of you during the Work Time and that you remain generally available until the Assignment is ended
2. The undertaking of work services by you professionally requires that you comply with all applicable health and safety laws and regulations and, to the extent applicable, any statutory requirements relating to the type and location of work required for the provision of the Services
3. As part of your function under the preceding clause, it is your responsibility to ensure your own safety as far as reasonably practicable and you agree to assess any risks or hazards that may affect your safety and to familiarize yourself with the working conditions and operating requirements at the Client OR End User site; this responsibility continues to apply even though the Client or End User may provide you with its own internal policies, rules and regulations relating to safety or for the operation of equipment or machinery or relevant to working conditions which you should comply with only to the extent that they relate to the proper performance by you of your work services
4. In conducting yourself professionally during the Work Time, you should
5. Follow the reasonable directions and instructions of the Client or End User or ourselves as to the work to be undertaken by you
6. Allow the Client or End User to direct and supervise your work to the extent reasonably required to enable the Client or End User to progress its work requirement, but not further or otherwise or to the extent that the Client or End User is acting as your employer
7. Abide by the reasonable rules and regulations that the Client or End User indicates are relevant to external (i.e. non employed) personnel relating to security or operation matters

1. If you are intending to be absent for any reason, as a matter of professional courtesy, notify the Client and End User as soon as possible of your intention to enable the Client and End User to arrange its affairs in your absence
2. If the Contract referred to in an Assignment sets out any special requirements for the provision of the work services, perform the Services in a way that does not conflict with those requirements
3. At the end of each Assignment return to the Client or End User as appropriate any materials, documents or equipment of the Client or End User respectively which you have or have had in your possession

1. Whether during an Assignment or otherwise during Work Time you must not:

1. Import any software onto any computer system of ours, the Client or End User without the prior written consent of us, the Client or End User as the case may be (“the appropriate person”)
2. Use any email or internet access or ours, the Client or End User except with all due care and to the extent authorized in writing by the appropriate person
3. Use any facilities provided to you by us, the Client or End User for any purpose other that is authorized by the appropriate person
4. Provide services to any other party that conflict with the best interests of us, the Client or End User
5. Deliberately or recklessly cause any loss or damage to us, the Client or End User

CONDITIONS RELATING TO CONFLICTS

1. Your contractual relationship is with us and not the Client or End User. Your Assignment continues until it is terminated under clause 22 except where an Assignment ends by reason that the period of the Contract is concluded. If the Assignment specifies that you are entitled to advance notice, we shall give you such notice ourselves. You should tell us if an Assignment is due to end prematurely. Once an Assignment has ended you should cease providing your services for the Client and End User
2. We shall only terminate a Contract on terms set out in the Contract. An Assignment continues until the Contract is ended and/or we give you notice of termination under the provisions herein. However, if you notify us in writing that you no longer wish to perform services under an Assignment ,we may give appropriate notice to the Client in accordance with any provision in the Contract for termination

EAA REGULATIONS OPT OUT

1. The Conduct of Employment Agencies and Employment Business Regulations 2003 (herein the “Regulations”) permit you to opt out. You recognize the advantages and disadvantages of opting out and hereby confirm you wish to opt out. In consideration of our agreement to employ you, you hereby give us your authority to sign, on your behalf, any notice to opt out of the Regulations. You agree that an opt out notice may be given in accordance with Regulation 32 of the Regulations, on each occasion that either a proposed Client, or you, inform us of any proposed new contract. In giving us this authority, you confirm you do so willingly. You agree that if you suffer any loss as a result of any alleged non-compliance by us with the Regulation, which would apply if you had not agreed to allow us to sign a notice of opt out, you shall indemnify us and keep us indemnified against any such loss.

WARRANTIES BY YOU

1. You warrant that, and this warranty is renewed on issue by you of each Offer:

1. An adequate description of the services required to enable you to provide the Services has been given to you before the Assignment and, if you have been provided with a specification of work by the Client or End User, you have the skill and expertise to meet such specification.
2. You have not been convicted of any criminal offence which would be likely to result in a potential hirer of your services, acting responsibly and reasonably, refusing to engage you nor is any charge pending for such an offence
3. You are authorized to provide work services in the United Kingdom and, where appropriate, hold a valid work permit. Photographic ID along with copies of any valid visas should be submitted to us.
4. Save as otherwise specifically provided for in this agreement, you recognize that there is no obligation upon us to locate or provide any work to you
5. We have no obligation to provide you with information or any service other than as specifically, and to the extent, stated in the agreement or required by statute

WHAT YOU MUST NOT DO – GENERAL

1. You agree that we have arrangements in place with each Client for work which, under our arrangements, will be performed by you on our behalf, and which to some extent oblige us to protect the interests of the Client. Accordingly, for that reason and also for our mutual benefit you agree you shall not:

1. During or after an Assignment divulge to any party or use for your own benefit any information capable of being confidential relating to the affairs, business or business method of us or a Client or End User or information received from us or a Client or End User except that which is in the public domain or is trivial or obvious or authorized to be released or required by Court Order to be disclosed
2. Act in any way that may result in a breach by us of the Contract as we have entered into the Contract at your request
3. Accept any additional terms which the Client or End User may seek to impose upon you other than as set out in an Assignment without notifying us in writing in advance of your intentions to do so with details of the proposed additional terms
4. Discuss with or disclose the terms of this agreement or any matter under this agreement to any other party save for the purposes of your own legal advice from a professional adviser or where required by Court Order
5. Hold yourself out to any party that you are authorized by us to agree to any terms on our behalf at any time
6. During an Assignment expressly or impliedly enter into any direct contract of employment with the Client or the End User
7. During or after and assignment divulge via any Social Media Networks any information relating to us, the end client, suppliers or working colleagues and information relating to work or comments relating to your colleagues.

1. Subject to the provisions of this agreement we shall pay you:

1. During an Assignment based on the information you have provided to us relating to time worked at the Pay Rate in accordance with statute.
2. Holiday Pay on account of your entitlement to be paid leave under the WTR and the 12.07% of each payment we make to you for time that you have worked is in respect of Holiday Pay. This should be requested in advance via the Client in good notice dependent on your assignment.
3. For your Expenses but not further or otherwise except as specifically required by statute. These should be wholly and exclusively in the needs of your assignment.
4. You must notify any error in payment of salary/wages to the Employer as soon as you become aware of the error, and you agree that the Employer can then deduct from any future payment due to you the amount of any overpayment made by the Employer to you. Equally, if the error has resulted in an underpayment to you, the Employer will ensure that the amount of any underpayment will be added to your next payment of wages/salary.

1. You acknowledge and agree that:

1. Any sums owed by you to us under this agreement, including, but not limited to, any excess payment of Holiday Pay over your statutory entitlement under the preceding clause, may be deducted from any payment due to you at any time including upon termination of an Assignment or your employment or this agreement
2. We may deduct any overpayment of any kind to you to tax miscalculation or otherwise from any payment we make to you and you agree that any such overpayment is a debt due from you to us
3. We may deduct from you any cash variances notified to us by the Client.
4. The Client reserves the right to deduct any outstanding monies due to the Client from the employee’s timesheet, or on termination of your contract. This includes any previous error or overpayment, the costs of damages or losses caused attributable to your negligence, cash shortages, driving related fines, training costs, the cost of personal calls on Company telephone or mobile telephones, and any other monies due to the Company during the course of contract.
5. Where you have entered into a training agreement with the Client, any outstanding costs detailed in the agreement will be deducted from your final pay.
6. The Client may operate a discretionary bonus system, based on individual and Client performance. The Client reserves the right to vary the amount of bonus paid, or to withdraw this discretionary bonus at any time without compensation. 

1. We may notify you of variations or adjustments to the Pay Rate from time to time and you acknowledge that calculation of the Pay Rate and any other sums payable depends on tax rates and allowances applicable at any time. We may make deductions from payments to you of any pension contribution that you request us in writing to make

SPECIFIC ACKNOWLEDGEMENTS, ABSENCE AND HOLIDAYS

1. You acknowledge and agree that:

1. You are paid in accordance with time worked and you are not entitled to any payment during any period when you are not working due to any cause except to the extent specifically required by law
2. Because unauthorized absence or absence is due to sickness may result in a breach of obligations which we owe to the Client, during an Assignment you shall notify us and as a matter of professional courtesy the Client and End User as soon as possible and by 10 a.m. on each day of any absence and give the best indication you are able to of any likely period of absence; nothing in this clause shall absolve you from breach of contract in the event that unauthorized absence is taken, and the requirement to notify on each relevant day shall continue unless and to the extent varied by us
3. You are entitled to rest breaks and annual leave only in accordance with the WTR, and the leave year for the purposes of those regulations commences on the first day of January each year
4. Leave entitlement unused at the end of the leave year may not be carried over into the next leave year and you will not be entitled to be paid in respect of leave entitlement accrued but no taken except as provided for in the WTR upon termination
5. Payment for leave is due to you during any period of statutory leave or upon termination of your employment – however, you have agreed that we shall make payment to you in advance and you shall give us credit for such payments against your entitlement at the relevant time
6. Where the proportion of leave taken by you for which we have paid exceeds the proportion to which you are entitled under this agreement, you shall immediately, if we request you to do so, compensate us by repayment of all sums paid by us in the respect of the excess leave including gross pay to you and all related National Insurance contributions.
7. If we notify you of a minor amendment to this agreement such amendment will apply from the date of notification unless you shall within 14 days of receipt of such notification inform us in writing that the amendment is not agreed

EXPENSES

Any expenses claimed must be wholly and exclusively in the performance of the duties of employment.

Should any expense you submit not be wholly and exclusively in performance of your duties they may be rejected.

A fixed administration fee will be applied to the processing of your assignment. We reserve the right to alter this at the appropriate notice period.

TERMINATION OF ASSIGNMENTS AND YOUR EMPLOYMENT

1. An Assignment shall be terminated with immediate effect:

1. If we inform you that in our opinion you are in breach of any provision of the Agreement and advise you that the Assignment is terminated
2. If the Contract is not confirmed by the Client before the Commencement Date of an Assignment
3. If the Client has failed to pay an invoice submitted by us to it within 14 days of delivery of such invoice, and we shall inform you in that event – please note that this is subject to the following in relation to the specific Contract

1. The assignment may continue only if we have agreed otherwise in writing – our agreement shall depend upon our satisfaction that the Client will meet its obligations to us for payment
2. We shall not thereafter be liable to pay for any work you choose to do for the Client after the Assignment has automatically ended
3. We may propose a new Assignment to you if terms are agreed with the Client that are acceptable to us – in this event we shall inform you appropriately and you have the opinion of accepting or declining any such new Assignment at that time.

1. If the Contract is terminated for any reason or the Client or End User informs us or you either verbally or in writing that your services are no longer required whether or not any formal notice of termination of the Contract is given
2. We should conclude that the Client may not meet its obligations to us. Should the client not meet its obligations to us and invoices are not paid then we are not liable for any payments due to you.
3. We should conclude for any reason that you are unable or unwilling to provide your work services at a sufficient level to meet the reasonable expectations of the Client

1. Should you not agree to any allocated shifts as a result of your assignment then your assignment will be terminated.

PLEASE NOTE: you should not provide any services to the Client once as Assignment has ended, and we shall not pay you for any services provided after that time

1. You may terminate your employment by giving one week’s written notice to us expiring on any day following the last day of an Assignment. NOTE: you may not terminate your employment whilst a Contract is in place between us and a Client. If you wish to end an Assignment you should inform us in accordance with clause 14 and we will follow the procedure, there set out
2. We may terminate your employment and/or this agreement immediately in the event of gross misconduct or serious or persistent breach of the terms of this agreement, or otherwise by giving to your minimum statutory notice in writing.

GENERAL

1. It is further agreed that:

1. It is your sole responsibility and not our responsibility to verify whether the work proposed under an Assignment is suitable for you, and you acknowledge that your Offer in any case is not based upon any representation made by us in relation to the work services or any other matter save the specified terms of a proposed Assignment
2. We shall not be liable for any loss or damages arising out of any representation made by the Client or End User to you and which may have induced you to make a Request or an Offer or accept an Assignment and if you have first been provided with information by the Client or End User concerning an Assignment you acknowledge that you have made adequate enquiries of the Client or End User and relied solely upon that information in relation to acceptance of that Assignment
3. We are not liable for the actions, torts or breach of contract or obligation by the Client or End User
4. Unless you have expressly provided us with your authority for any particular matter that we act as your legal agent, we are not your legal agent but are your employer as described in this agreement
5. Under each Assignment the benefits of any work undertaken by you for the Client or End User including any copyright or intellectual rights of any kind in such work shall be and remain the property of the Client or End User and you will sign all documents reasonably required for verification of such rights as belonging to the Client
6. You shall not be entitled to any benefits from us of any kind except such as are specifically conferred by this agreement or are strictly imposed by statute
7. You are not entitled to assign this agreement or subcontract any part of the Services or this agreement to any other party, but we may assign the agreement upon giving notice to you
8. Each portion of this agreement, defined by punctuation, and paragraphs, is separate, distinct and severable and to give meaning to the intention of the Parties the Court may modify any portion of this agreement that may otherwise be void; subject thereto any void portion may be severed, and the remaining provisions including any such modified hereunder shall continue in force
9. Clauses intended to have effect following termination including clauses 16(a) and (b) shall survive termination
10. This agreement will continue until terminated in accordance with the provisions herein and is the sole agreement between you and us, supersedes any previous agreement between you and us relating to your services, and may be varied save by agreement of both you and us (whether orally or otherwise) and confirmed in writing by us and signed by our authorized officer
11. The provisions of the Apportionment Act 1870 shall not apply to this contract and for the avoidance of doubt there is not entitlement to any particular number of hours of work on Assignment in any period shorter than 12 months
12. Any notice under this agreement shall be in writing sent to the addressee at the last known address, fax number or electronic mail address, either respectively by first class post, or by fax or electronic mail, and shall be deemed to have been received, in the case of post, on the postal day following the day of posting and in the case of fax, on the date of transmission, and in the case of electronic mail, on the date electronic confirmation of receipt is received by us
13. The provisions of this agreement including this provision are reasonable
14. The laws of England govern this agreement and the English Courts have sold jurisdiction

Confidentiality

1. The contractor is aware that in the course of a contract he or she will have access to and be entrusted with information in respect of the business and financing of the Company and its dealings transactions and affairs all of which information is or may be confidential.

(b)  The contractor shall not (except in the proper course of his or her duties) during or after the period of his or her contract divulge to any person whatever or otherwise make use of (and shall use his or her best endeavours to prevent the publication or disclosure of) any trade secret or secret manufacturing process or any confidential information concerning this business or finances of the Client or any of its dealings, transactions or affairs or any trade secret or any such confidential information concerning any of its suppliers, agents, distributors or customers.

(c) All notes and memoranda of any trade secrets or confidential information concerning the business of the Client or any of its suppliers agents, distributors or customers which shall be acquired, received or made by the contractor during the course of his or her employment shall be the property of the Client and shall be surrendered by the contractor to someone duly authorized in that behalf at the termination of his or her contract or at the request of Client at any time during the course of his or her contract.

WORKING TIME REGULATIONS

OPT OUT 48 HOUR WORKING WEEK AGREEMENT

UNDER REGULATION 5 WORKING TIME REGULATIONS 1988

Note: You are under no obligation to agree to the provisions set out in the schedule. If you indicate in the signature box that you agree to opt out in accordance with this schedule, this schedule will then apply. Otherwise the limit set in the WTR shall apply

AGREEMENT: 

1. The nature of an Assignment may require you to choose whether to work in excess of the maximum working time specified in Regulation 4 (1) WTR, namely an average of 38 hours each week calculated over a 17-week reference period.
2. You wish to have the opportunity to provide the Services during any excess period required from time to time, whether or not you choose to work for that time.
3. Pursuant to Regulation 5 WTR you accordingly agree that the limit specified in Regulation 4 (1) WTR shall not apply to an Assignment or the work you perform and this agreement shall have effect immediately.