1.1 In these Terms of Business the following definitions apply:
‘Assignment’ means the period during which the Temporary Worker is supplied 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;
‘Austin & Hobbs Ltd/We/Us/Our/A&H’, means Austin and Hobbs Limited (Company Registration Number 5712792), who’s registered offices is at 12 Rollestone Crescent, Exeter, Devon, EX4 5EB.
‘Engages/Engaged/Engagement’ means the engagement, employment or use of the Temporary Worker directly by the Client or any third party or through any other employment business on a temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Temporary Worker is an officer or employee.
‘Temporary Worker’ means the individual who is introduced by Austin & Hobbs Ltd to render services to the Client.
2. THE CONTRACT
2.1 These Terms constitute the contract between Austin & Hobbs Ltd and the Client for the supply of the Temporary Worker’s services by Austin & Hobbs Ltd to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker or the passing of any information about the Temporary Worker to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of Austin & Hobbs Ltd, these Terms prevail over any terms of business or purchase conditions put forward by the Client regardless of timing.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Austin & Hobbs Ltd and the Client and are set out in writing and a copy of the varied terms is given stating the date on or after which such varied terms shall apply.
3.1 The Client agrees to pay such hourly charges of Austin & Hobbs Ltd as shall be notified to and agreed with the Client. The hourly charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour) and comprise mainly the Temporary Worker’s pay but also include Austin & Hobbs Ltd’ commission calculated as a percentage (If applicable) of the Temporary Worker’s pay, employer’s National Insurance contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges.
3.2 The charges are invoiced to the Client on a weekly basis and are payable within 14 days. Austin & Hobbs Ltd 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 is no rebates payable in respect of the charges of Austin & Hobbs Ltd.
3.4 Unless otherwise agreed, work carried out by the Temporary Worker at the Client’s request after 7.00 pm on weekdays or at any time during the weekend will be charged at one and a half times the normal hourly rate unless otherwise agreed.
3.5 If a Temporary Worker arrives at the Assignment but there is no work available for him, through no fault of Austin & Hobbs Ltd, or the Temporary Worker finishes the work sooner than expected, the Client shall be obliged to pay a minimum charge of four hours at the agreed hourly charge.
4. TIME SHEETS
4.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less) If required, the Client shall sign Austin & Hobbs Ltd’ time sheet verifying the number of hours worked by the Temporary Worker during that week.
4.2 Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the Temporary Worker because the Client disputes the hours claimed, the Client shall inform Austin & Hobbs Ltd as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with Austin & Hobbs Ltd to enable us to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
4.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the work performed by the Temporary Worker.
5. PROPOSALS & ORDERS
5.1 If you cancel an Order for Services less than 24 hours before the start time booked, we reserve the right to charge 100% of the full fee for the first five days of work; this payment may be waived at the discretion of an A&H director.
5.2 If you cancel an Order for Services in less than five working days, but more than 24 hours before the start time booked, we reserve the right to charge 50% of the full fee for the first five days of work.
5.3 We can allocate time to you on a provisional basis when you accept the proposal. However, the time will not be confirmed or guaranteed until we have received an official order
6.1 You are not entitled to withhold any payment or to make any deduction from the invoiced amount in respect of any set-off or counterclaim.
6.2 If you ask us to perform any work additional to the Services and we comply with this request, you will pay us for this work at our current rate of charge.
6.3 In the event of suspension of our Services, We may increase any prices quoted to cover any extra expenses incurred by reason of such suspension.
7.1 Whilst every effort is made by Austin & Hobbs Ltd to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client’s booking details, Austin & Hobbs Ltd is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Austin & Hobbs Ltd does not exclude liability for death or personal injury arising from its own negligence.
7.2 Temporary Workers supplied by Austin & Hobbs Ltd are engaged under contracts for services. They are not the employees of Austin & Hobbs Ltd 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 statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments.
7.3 The Client shall advise Austin & Hobbs Ltd of any special health and safety matters about which Austin & Hobbs Ltd 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 Austin & Hobbs Ltd in complying with Austin & Hobbs Ltd’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by Austin & Hobbs Ltd and the Client will not do anything to cause Austin & Hobbs Ltd 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 Austin & Hobbs Ltd of this requirement before the commencement of that week.
7.4 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.
7.5 The Client shall indemnify and keep indemnified Austin & Hobbs Ltd against any costs, claims or liabilities incurred by Austin & Hobbs Ltd arising out of any Assignment or arising out of any non-compliance with clauses 7.2 and 7.3 and/or as a result of any breach of these Terms by the Client.
8. SPECIAL SITUATIONS
8.1 Where the Temporary Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, Austin & Hobbs Ltd must be informed in writing and will then take all reasonably practicable steps to obtain and offer to provide to the Client copies of any relevant qualifications or authorisations of the Temporary Worker and references from persons not related to the Temporary Worker who have agreed that the references they provide may be disclosed to the Client.
9. CANCELLATION & INSOLVENCY
9.1 Upon the occurrence of any one of the events set out below:-
(i) We have the right at any time to cancel the order and to cease work immediately; and
(ii) Notwithstanding any other provisions herein, any payment in respect of any work already done shall be immediately due.
9.2 The events referred to in 9.1 above are:-
(i) any default or breach of any of your obligations under these terms or any delay on the making of payments due to A&H;
(ii) If any distress, execution or other legal process shall be brought or served against Your property or assets;
(iii) If You shall make or offer to make any arrangement of composition with your creditors or commit any act of bankruptcy;
(iv) If any petition or receiving order shall be presented or made against you;
(v) If the Customer is a company, any resolution or petition to wind it up shall be passed or present, or if a Receiver of all or any of its assets shall be appointed.
9.3 The cancellation of an Order by the Customer shall not be effective without the prior written consent of A&H.
10.1 Either Party may terminate this Agreement upon notice in writing if:
(i) the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
(ii) a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver
is appointed over any of the Party’s assets or an undertaking or resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either Party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
10.2 In the event of any Order being cancelled by Us under Clause 9 of these Conditions prior to completion of all the Services by Us, We shall be entitled without prejudice to any other claims against You to recover from You the full cost of Services.
10.3 The Client shall notify Austin & Hobbs Ltd immediately and without delay and in any event within 48 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.
10.4 Austin & Hobbs Ltd 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 terminate the Assignment immediately.
11.1 We will exercise reasonable skill and care in carrying out the Services which we have been contracted to provide.
12.1 We undertake to keep confidential all information which comes to our knowledge as a result of Your Order, except for such information which is already in the public domain or such information which we are required to produce by law or is required to comply with our accreditations
13.1 This Agreement shall be governed by the law of England and Wales. The Parties submit to the exclusive jurisdiction of the English courts for the resolution of all disputes arising out of or in accordance with this Agreement.