1 (a) In these conditions ‘WorkIt’ shall mean WorkIt App Ltd acting as an employment business or such associated or subsidiary company as may agree to provide staff; ‘Hirer’ shall mean the person or company to whom WorkIt agrees to supply Operatives. ‘Operative’ shall mean the individual providing services under this agreement. ‘Contract’ shall mean any agreement for the supply of Operatives made between WorkIt and the Hirer
(b) No order in the pursuance of any quotation or otherwise shall be binding on WorkIt unless and until it accepts such order. The contract shall be subject to these conditions and save as after mentioned no representative or agent of WorkIt has authority to agree any terms or make any representation inconsistent with them or to enter into any Contract except on the basis of them, any such term, representation or Contract will bind WorkIt only if in writing and signed by a director, and in the event that WorkIt has not given a written acknowledgement of the Hirer’s order these conditions, provided the Hirer shall have had prior notice of them, shall nonetheless apply to the Contract.
(c) Unless otherwise agreed in writing by WorkIt these conditions shall override any terms and conditions stipulated or referred to by the Hirer in his order or pre-contract negotiation. WorkIt reserves the right to correct any clerical or typographical errors made by its employees at any time.
2 (a) The Hirer shall be solely responsible for establishing that the Operatives are competent to carry out the work for which the Hirer requires them. All operatives providing services under this agreement do so in the capacity of skilled professionals and the Hirer agrees that the Operatives will not be subject to supervision, direction or control (or subject to the right to supervision, direction or control) by the Hirer or any person as to the manner in which the services are provided by the Operatives.
(b) The Hirer shall be responsible for health and safety inductions for all Operatives, or if not possible must notify WorkIt immediately so that WorkIt may do so ourselves.The Hirer shall indemnify WorkIt against all liabilities which WorkIt may incur arising out of the Contract or any work carried out or to be carried out thereunder. Without prejudice to the generality of the foregoing the Hirer shall indemnify WorkIt against all loss, liability, damage, costs and expenses arising out of or in connection with any claim by Operatives in respect of injury, loss or damage and any claim by any person (including the Hirer) in respect of injury, loss or damage attributable to or resulting from any act or omission by any member of the Operatives.
(c) WorkIt will use all reasonable endeavours to ensure that the Operatives are honest, competent and trustworthy but shall not be liable to the Hirer for any loss or damage arising from or in connection with any lack of honesty, competence or trustworthiness in the Operatives.
(d) The Hirer shall not be responsible for the payment of any insurance contributions, tax or payments for holidays in respect of the Operatives unless otherwise agreed. The Hirer will notify WorkIt if an Operative is unsatisfactory within 4 hours from their start date and time. If notification is received in this time the Operative’s services will be terminated, and the Hirer will not be charged.
3 (a) For the purposes of this provision ‘rates of charge’ means all chargeable items including travelling rates and expenses and subsistence allowances (if any) in addition to working rates. In respect of each Operative the minimum hire period shall, unless otherwise agreed in writing, be 6 hours per day where Operative commences work before 11am, and 5 hours per day where Operative commences work from 11am onwards, for each working day on which the Operative reports to Site in accordance with instructions received from the Hirer and shall commence when he so reports.
(b) The minimum hire charge payable by the Hirer for each Operative shall be the charge payable in respect of the minimum hire period and this provision shall apply notwithstanding that the Hirer dispenses with the services of such member in accordance with the provision of these conditions or otherwise.
(c) In the event that any Operatives report to Site in accordance with instructions from the Hirer and the work is not provided for them, the minimum hire charge together with travelling rates and expenses and subsistence allowance if applicable will be paid by the Hirer in respect of such Operatives.
(d) Notwithstanding that rates of charge are agreed at the time of the Contract, WorkIt shall be entitled to increase such rates at any time upon giving the Hirer 7 days’ notice (unless otherwise agreed notice period in writing) and thereafter such increased rates shall be payable by the Hirer in place of the rates originally agreed.
(e) Unless otherwise agreed any weekly subsistence allowance shall be deemed to cover a 7-day working week and, in the event, that any Operative is not available for work for 7 days in any week shall be reduced proportionately.
4 (a) The Hirer shall at the end of each week (commencing on Monday) of the hire period complete and sign WorkIt’s time sheet for each Operative and any employee of the Hirer who signs the time sheet shall be deemed to be duly authorised to do so.
(b) Unless otherwise agreed in writing, payment shall be made by the Hirer within 7 days after each invoice is rendered to them. No discount, concession or other favourable term offered by WorkIt shall constitute a waiver of this obligation.
(c) VAT is chargeable on all accounts. Interest at 8% over Bank of England Rate is charged on overdue accounts and all costs incurred in tracing and/or collecting such accounts will be charged to the Hirer.
5 WorkIt will use all reasonable endeavours to ensure that all Operatives attend for work at the Hirer’s Site on the dates and times required by the Hirer but WorkIt shall in no circumstances be liable to the Hirer for any loss or damage arising because of or in connection with any failure by Operatives to attend.
6 (a) In the event that any Operative fails to attend Site as required or to carry out the agreed services with reasonable competence or if for any good reason the Hirer is dissatisfied with the performance of such Operative the Hirer may dispense with their services without prior notice. In the event WorkIt shall be entitled to replace such Operative but unless it offers so to do the provision of paragraph 3 (c) hereof shall not apply in respect of such Operative.
(b) Subject to sub-paragraph (a) hereof and to any prior agreement in writing the Hirer shall not dispense of the services of all or any Operatives without giving to WorkIt 48 hours’ notice in writing. In default of such notice, the Hirer shall make payments to WorkIt as if due notice had been given and during the period hereof the Operative or Operatives had each worked.
7 The Hirer shall throughout the hire period maintain a policy or policies of insurance with an insurance company or companies of repute covering the Hirer’s obligations under the Contract and shall produce such a policy or policies for inspection by WorkIt when so requested.
8 If an Operative supplied by WorkIt is taken on directly by the hirer permanently as an employee, there will be a fee of 5% of the offered annual salary, if the worker has been booked through WorkIt more than 3 months then the fee will be 3% of the offered annual salary. If an operative supplied by WorkIt is taken on directly by the hirer without this payment, there will be a fee of £5,000 and the hirer will be unable to use the App until WorkIt authorise you to do so.
9 Should WorkIt be delayed in or prevented from supplying Operatives in accordance with the Contract due to: war, governmental or parliamentary restrictions, trade disputes, shortages of personnel, Act of God or due to any other cause whatsoever beyond reason. WorkIt shall be at liberty to cancel the Contract without incurring any liability for any loss or damage arising therefrom.
10 The law of all contracts with WorkIt shall be English law which shall govern in all respects the construction and effect of such contracts and of these conditions.