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TERMS AND CONDITIONS EFFECTIVE DATE: 1st DECEMBER 2018

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

0. DEFINITIONS

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.

1. PURPOSE

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.

2. ASSIGNMENTS

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.

3. PAYMENT

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.

4. FEES

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.

5. LIABILITY

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.

8. ACKNOWLEDGEMENT

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.

9. CONFIDENTIALITY

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.

10. TERMINATION

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.

12. LAW

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


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Professional Terms & Conditions

Please Note

THIS IS AN IMPORTANT DOCUMENT. IT IS A LEGAL CONTRACT BETWEEN YOU AND ZJCLEANING.COM. PLEASE DO NOT AGREE TO IT UNLESS YOU HAVE READ AND UNDERSTOOD IT.

 

DEFINITIONS AND INTERPRETATION

    • This is an agreement between ZJCS Services LT “Zjcleaning.com”) with its registered office at Alperton House, Bridgewater Road, Wembley, HA0 1EH.UK company number 10449444 and the person wishing to utilise Zjcleaning.com’s booking agency services (“the Professional”).

    • The following terms shall have the following meanings in the agreement:

  • Customers – Persons to whom ZJCS requests the Professional to supply Services
  • Professional’s Terms And Conditions – The Professional’s terms and conditions on the Website as may be charged from time to time
  • Profile – The Professional’s profile on the Website and App.
  • Services – Cleaning services to be supplied by the Professional to Customers
  • ZJCS.com services – Booking agent services and any other services supplied by ZJCS.com in connection with the supply by the Professional of Services to Customers
  • Website – ZJCS’s website at www.zjcleaning.com
  • In Writing – All forms of visible reproduction in permanent form (including email)

 

  1. PROFESSIONAL’S STATUS
  • The Professional must be registered as a self-employed, and must pay their own Taxes and National Insurance Number.

 

  1. WORKING HOURS
  • The professional’s normal hours of work can vary from ten hours up to forty-five hours per week, Mondays to Sundays.

 

  1. SERVICES
    • If a professional accepts a contract with a particular Customer whether one-off or otherwise, the Professional agrees to supply Services to the Customer in accordance with the terms of this agreement. The Professional acknowledges that, notwithstanding any obligations of the Professional to ZJCS herein regarding the standard of such Services, the Professional contracts direct with each Customer for the Supply of Services and that, in the event of a dispute with the Customer, the Professional’s recourse is against the Customer, and not ZJCS.

    • The Professional promises that it has the necessary skills to supply the Services.

    • The Professional shall supply the Services in accordance with a high degree of professionalism and the highest industry standards.

    • The Professional shall comply with the applicable laws and regulations in the supply of the Services and otherwise in connection with this agreement.

    • The Professional shall agree in accordance with its Customer as to the provision and the procurement of materials required in the provision of services. ZJCS is not responsible for the provision of any tools, equipment or materials.

    • The Professional acknowledges that ZJCS will notify the Professional of any Customer cancellation by text and it is the Professional’s responsibility to frequently monitor for such texts.

    • The Professional shall promptly notify ZJCS:

                       – if for any reason it cannot attend any scheduled visit with 24 hours in advance ( in which case it must                      promptly notify the Customer also) or otherwise becomes unable or unavailable to supply the Services as contracted;

                       – if it receives any complaints from Customers

                       – if it receives any complaints from Customers

                       – of any grievance that the Professional may have in relation to Customers.

    • The Professional shall provide reasonable co-operation to ZJCS in connection with this agreement and comply with ZJCS’s reasonable requirements including prompt provision of such information and documents as ZJCS may reasonably request in connection with this agreement.

    • The Professional shall only use Customer contact information insofar as necessary to supply the Services. The Professional shall keep such information confidential and shall delete it on request by ZJCS.

  • The Professional shall not during the period of this agreement supply any services to any Customer, which have not been booked via ZJCS.

 

  1. HOLIDAYS
  • The Professional decides when to take their Holiday as per their convenient time. Holiday is to be taken for a maximum of 4 weeks per year. If the Professional takes longer than agreed, he might lose the regular customers.

 

  1. ENGAGEMENT OF THE WORKERS 
    • The agency agrees to provide cleaning job to the Professional for regular domestic cleaning

    • If the Professional accepts an engagement they will have to work for the Customer to the Customer’s instructions, as provided for in the terms and conditions set out hereafter.

  • For regular domestic cleaning and one off services, the payment is from £7.20 to £8.50 per hour, paid into the Professional’s account by ZJCS or by the customer cash on the day of the services.

 

  1. TERMINATION AND SUSPENSION
    • ZJCS may at any time whether with or without cause and whether with or without notice immediately suspend the Professional from the ZJCS Services including removal of the Professional’s Profile from the Website and/or terminate this agreement.

  • The contract is for a period of minimum 3 months. After this period, the contract upgrades automatically. The Professional must give at least 14 days’ notice to ZJCS Ltd before the ending of collaboration.

 

  1. LAW
    • Before signing this form, please read carefully the terms and conditions provided. By signing, the Cleaner accepts that they have read and understood the terms and conditions.

  • This Agreement should be created in accordance with the laws of England and Wales and should be subject to the exclusive jurisdiction of the English court.

 

 

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