Terms of Business
1.1 In these Terms of Business the following definitions apply.
‘Assignment’ means the period during which the Temporary Worker is supplied by the Employment Business to render services to the Client.
‘Client’ means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Temporary Worker is supplied or introduced.
‘Employment Business’ means the Company.
‘The Company’ means R. Heath & Sons Funeral Services Limited.
‘Temporary Worker’ means the individual who is introduced by the Company to render services to the Client.
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in these Terms are for convenience only and do not effect their interpretation.
2. THE CONTRACT
2.1 These Terms constitute the contract between the Company and the Client for the supply of the Temporary Worker’s services to the Company and are deemed to be accepted by the Client by virtue of its request for the engagement of a Temporary Worker or Workers.
2.2 These Terms contain the entire Agreement between the parties and unless otherwise agreed in writing by a Director of the Company, these Terms prevail over any Terms of Business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Company and the Client and are set out in writing and a copy of the varied Terms is given to the Client stating the date on or after which such varied Terms shall apply.
3.1 The Client agrees to pay the charges of the Company as previously notified to it by the Company. VAT, if applicable, is payable on the entirety of these charges.
3.2 The charges are invoiced to the Client on a monthly basis and are payable within 28 days unless otherwise agreed in writing by a Director of the Company. The Company reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.3 There are no rebates payable in respect of the charges of the Company except where the Client has been overcharged in error and the dispute has been resolved.
4. PAYING THE TEMPORARY WORKER
The Company assumes responsibility for paying the Temporary Worker and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE income tax applicable to the Temporary Worker pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
5.1 Whilst every effort is made by the Company to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from the Temporary Worker and to provide the same in accordance with the Assignment details provided by the Client, no liability is accepted by the Company for any loss, expense, damage, cost or delay arising from the failure to provide a Temporary Worker for all or part of the period of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker or if the Temporary Worker terminates or fails to fulfil the Assignment for any reason. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
5.2 Temporary Workers provided by the Company to the Client are engaged under contracts for services. They are not the employees of the Company 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 relevant statutes, by-laws and legal requirements including provision of adequate Public Liability insurance in respect of the Temporary Worker. The Client shall indemnify the Company against any costs, claims, damages and expenses incurred by the Company as a result of any breach of these Terms by the Client.
5.3 The Client shall advise the Company of any special health and safety matters about which the Company is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. 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 than 48 hours in any week, the Client must notify the Company of this requirement before the commencement of that week.
5.4 The Client undertakes not to request the supply of a Temporary Worker to perform the duties normally performed by a Worker who is taking part in official industrial action or duties normally performed by someone who has been transferred by the Client to perform the duties of the person on strike or taking official industrial action.
5.5 The Client shall indemnify and keep indemnified the Company against any costs, claims or liabilities incurred by the Company arising out of any Assignment or arising out of any non compliance with this clause and/or as a result of any breach of these terms by the Client.
5.6 The Client agrees that any Temporary Worker who is required to drive a motor vehicle supplied by the Client as part of any Assignment shall be insured under the Client’s motor insurance policy and no liability is accepted by the Company for any loss, expense, damage or costs arising from any negligence, lack of skill or other breach of duty arising from or in any way connected with the driving of a motor vehicle by the Temporary Worker in the course of the Assignment.
6. TERMINATION OF THE ASSIGNMENT
6.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standard of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing the Company to remove the Temporary Worker. The Company may in such circumstances reduce or cancel the charges for the time worked by that Temporary Worker at its absolute discretion.
6.2 The Client, the Company or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.
6.3 The Client and the Company shall each notify the other immediately and without delay if the Temporary Worker fails to attend work to fulfil the Assignment or notifies the Client or the Company that he is unable to attend work for any reason.
6.4 The Company shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith by notice in writing without prior notice and without liability.
7. CANCELLATION CHARGES
7.1 The Client may cancel any Assignment provided it gives at least 24 hours notice in writing to the Company of such cancellation.
7.2 In the event that an Assignment is cancelled with less than 24 hours notice then a cancellation charge of 50% shall be payable by the Client to the Company.
8.1 These Terms are governed by the law of England and Wales and any disputes are subject to the exclusive jurisdiction of the Courts of England & Wales.