TERMS AND CONDITIONS EFFECTIVE DATE: 1st JUNE 2019
CONTRACT FOR SERVICES FOR SELF EMPLOYED (SUB-CONTRACTOR)
THIS IS AN IMPORTANT DOCUMENT. IT IS A LEGAL CONTRACT BETWEEN YOU AND UBAN SERVICES. PLEASE DO NOT AGREE TO IT UNLESS YOU HAVE READ AND UNDERSTOOD IT.
This agreement is made between UBAN SERVICES Limited of Alperton House, Bridgewater Road, Wembley, United Kingdom, HA0 1EH, (the “Company”) and Sub - Contractor
In this Contract for Services the following definitions apply: “Assignment” Means the period during which the Sub-Contractor is engaged by the Company to render services and/or work. “Sub-Contractor” Means the Sub-Contractor trading as waiter engaged by the Company to provide services and/or work. “Company” Means UBAN SERVICES Limited of Alperton House, Bridgewater Road, Wembley, United Kingdom, HA0 1EH, Unless the context requires otherwise references to the singular include the plural and references to the masculine include the feminine and vice versa. The headings contained in the Contract for Services are for convenience only and do not affect their interpretation.
0.1. THE CONTRACT
These terms constitute the contract between the Company and the Sub-Contractor upon being signed on behalf of the Sub-Contractor and govern Assignments undertaken by the Sub-Contractor with the Company. No variation or alteration to the terms shall be valid unless approved in writing by a Director of the Company.
The purpose of this agreement is not to establish an employment relationship, but to define the extent under which the relationship between the Sub-Contractors’ allows for there to be a contract for services, to work as and when requirements allow. You are not entitled to any paid leave of absence for reasons of sickness, injury or holiday or for any other reason from the Company. (You are advised to make your own sick pay and pension arrangements). You are not entitled to any of the statutory rights extended to an employee as defined by Section 230 of the Employment Rights Act 1996 and set out in that Act as a whole.
The failure by the Company to provide suitable Assignments for the Sub-Contractor shall not give rise to any liability on the part of the Company. The Sub-Contractor recognizes that there may be periods between Assignments when no Assignments are available. The Sub-Contractor shall not be obliged to accept an Assignment offered by the Company, nor is the Company obliged to offer such Assignments to the Sub-Contractor. Specifically both the Sub-Contractor and the Company declare that no mutuality of obligation whatsoever is created or implied either during the course of this contract for services or during any period when Assignments are not available. Upon the acceptance by the Sub-Contractor of an Assignment, the Company shall supply the Sub-Contractor with an assignment confirmation specifying the duration of the Assignment, the agreed rate for the Assignment and any other relevant information.
The Company shall not be obliged to pay any fees to the Sub-Contractor unless invoices have been properly submitted by the Sub-Contractor in accordance with sub-clause of these terms.
The Sub-Contractor will receive payment from the Company for an Assignment at the rate specified in the assignment confirmation note plus VAT where appropriate. The Sub-Contractor shall be responsible for any PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of its employees, officers, or representatives (“Staff/Delegates”) for any Assignment. All payments will be made to the Sub-Contractor.
The Sub-Contractor shall be liable for any loss, damage or injury to any party resulting from the negligent acts or omissions of its Staff/Delegates during an Assignment. The Sub-Contractor shall ensure the provision of adequate Employer’s Liability Insurance, Public Liability Insurance and any other suitable policies of insurance in respect of the Sub-Contractor and its staff/delegates during an Assignment and shall make a copy of the policy available to the Company upon request.
6. SUB-CONTRACTORS OBLIGATIONS
The Sub-Contractor agrees on its own part and on behalf of its Staff/Delegates as follows: (I) Not to engage in any conduct detrimental to the interests of the Company which includes any conduct tending to bring the Company into disrepute or which results in the loss of custom or business. (II) To take all reasonable steps to safeguard the safety of any person who may be affected by its actions on the Assignment. (III) To comply with all statutory obligations and codes of practice to which the Sub-Contractor is subject in respect of its staff including but not limited to the Working Time Regulations 1998. (IV) To comply with any rules or obligations in force at the premises where services are performed during Assignments to the extent they are reasonably applicable. (V) To furnish the Company with any progress reports as may be requested from time to time. (VI) To notify the Company forthwith in writing if it should become insolvent, dissolved or subject to a winding up petition. The Sub-Contractor has the unfettered and unlimited right, at its absolute discretion, to send a substitute or delegate to perform the works or to hire assistance to complete the works. The agreement of the Company is not required in any circumstances, nor does notice of sending a substitute or delegate or hired assistance need to be given to the Company. In the event that the Sub-Contractor sends a substitute or delegate or hires assistance, the Sub-Contractor will be solely responsible for the payment and control of the substitute or delegate or hired assistance and the Company will have no legal, contractual or financial relationship with such substitute or delegate or hired assistance. The Sub-Contractor may undertake work for any other organization at any time, whether before, during or after this Assignment, and the undertaking of such work will not preclude the Company offering the Sub-Contractor additional Assignments as and when they become available. The Company acknowledges and agrees that the Sub-Contractor cannot be required to give the Company any priority over any other client. The Sub-Contractor may advertise their services on and off site and sign-write their own vehicles and equipment in any way the Sub-Contractor sees fit without any objection by the Company.
7. DIRECTION AND CONTROL
The Sub-Contractor will not work under the direction and control of the Company and is free to use their own initiative in completing the agreed works. The Sub-Contractor will have flexibility with regard to hours worked on site and is not obliged to seek permission to leave a site at any time, but will nonetheless assist the Company by making all reasonable attempts to work within agreed overall deadlines. In addition the Sub-Contractor is expected to observe Health and Safety Regulations regarding working hours and to comply with any required procedures for site security or recording attendance for the specific purposes of Health and Safety legislation or other site operational requirements. The Sub-Contractor acknowledges that they are in business on their own account and are not part and parcel of the Company’s business. The Sub-Contractor will at all times represent themselves as an independent Sub-Contractor and will in no circumstances represent or hold themselves out as a servant, employee or worker of the Company.
The Sub-Contractor acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by the Sub-Contractor and its Staff for the Company during the Assignment shall belong to the Company.
In order to protect the confidentiality and trade secrets of the Company and without prejudice to every other duty to keep secret all information given to it or gained in confidence, the Sub-Contractor agrees on its own part and on behalf of its Staff as follows: (I) Not at any time whether during or after an Assignment (unless expressly so authorised by the Company as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or confidential information of the Company; (II) To deliver up to the Company (as directed) at the end of each Assignment all documents and other materials created by it or the Staff during the course of the Assignment; (III) Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Company except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Company as appropriate. In relation to Clause 12.1 (i) above it is expressly agreed that the Sub-Contractors obligations as therein set out shall remain in full force and effect and shall remain fully enforceable by the Company notwithstanding the termination or assignment of this agreement.
Either party for whatever reason can immediately terminate this Contract for Services and no notice is required to be given.
11. EQUALITY, INCLUSION AND DIVERSITY
The Sub-Contractor recognizes that discrimination is unacceptable and equality of opportunity is a feature of the Sub-Contractor’s practices and procedures. The aim of the policy is to ensure no person is discriminated against either directly or indirectly on the grounds of race, colour, ethnic or national origin, religion and belief, sex, marital status, sexual orientation, gender reassignment, age or disability. The Sub-Contractor maintains a neutral working environment in which no person feels threatened or intimidated. The Sub-Contractor is obliged not to act in a discriminatory fashion towards the Company’s employees, workers or other Sub-Contractor’s. The Sub-Contractor will endeavour to ensure that selection decisions will not discriminate, whether consciously or unconsciously in making these decisions, and that a consistent, non-discriminatory approach to the selection of Sub-Contractor is applied.
11. DATE PROTECTION
The Sub-Contractor will act as a Data Processor as defined by data protection legislation being the General Data Protection Regulation and the Data Protection Act 2018, on behalf of the Company in regard to the processing of Personal Data, including without limitation in relation to Clients and Special Categories of Personal Data (terms which are defined by data protection legislation). Please read the Annex in relation to your data processing activities. The Company collects and processes certain types of data about you and does so in line with data protection legislation. Please read the Company’s Privacy Notice for Contractors which is attached to this document for more information about the types of data processed and the reasons for the processing, including special categories of data and criminal convictions.
These terms are governed by the law of England, Scotland & Wales and are subject to the exclusive jurisdiction of the Courts of England, Scotland & Wales
Sub Contractor must be register as Self Employer