Terms & conditions

     Jobs In Transport Ltd

 

TERMS AND CONDITIONS OF BUSINESS – (For the Supply of Temporary Workers)

 

1) These are the Terms and Conditions on which Jobs In Transport Ltd and its’ specialist sections (herein after called the “Employment Business” provides staff (the “Temporary Worker”) to the hirer hiring the Temporary Worker (herein after called the “Client”).

 

2) All Temporary Workers are and remain employees of the Employment Business who will be responsible for payment of the Temporary Worker’s remuneration and where appropriate, for the deduction and payment of National Insurance Contribution and PAYE Income Tax applicable to the Temporary Worker.

 

3) The Client agrees to pay the hourly charges of the Employment Business as notified at the commencement of the assignment and as may be varied from time to time during the Assignment. In the case of contracts for an unspecified period the Employment Business’ charges may be changed by the Employment Business giving the Client one month’s written notice.  Charges payable in respect of the use of a Temporary Worker shall be calculated on an hourly basis (to the nearest quarter hour unless otherwise agreed in writing). At the end of the each week in which the Temporary Worker has provided services the Client shall provide the Employment Business with a signed timesheet showing how many hours the Temporary Worker has worked in that week. The timesheet shall be conclusive evidence of the number of hours worked in that week.

 

4) The charges are comprised mainly of the Temporary Workers remuneration but also include the Employment Business’ commission, employers national insurance contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is not such an agreement, such expenses as are reasonable.  VAT is payable on the entirety of these charges. The charges are invoiced to the Client on a weekly basis and payment of all sums to the Employment Business shall be made within 7 days of date of invoice.  The Company reserves the right to charge interest on any overdue amount a the rate of up to 8% per annum above the base rate of the National Westminster Bank from time to time from the due date until the date of payment.

 

5) The direct Engagement by a Client of a Temporary Worker introduced by the Employment Business, or the introduction by the Client of the Temporary Worker to any third party resulting in an Engagement (or, where applicable, if the Temporary Worker has become incorporated under a limited company, the Engagement of that limited company) renders the Client subject to the payment of an introduction fee calculated at 12% of the annual gross rate taxable remuneration and emoluments payable to the Temporary Worker provide that the Engagements takes place within period of 3 months from the termination of the assignment under which the Temporary Worker was last supplied, or if there was no assignment, within 3 months of the introduction of the Temporary Worker by the Employment Business.  Where the Client fails to inform the Employment Business of the annual remuneration, the introduction fee will be calculated by multiplying the hourly rate agreed between the Client and the Employment Business by a figure not exceeding 200.  No refund of the Introduction fee will be paid in the event that the Engagement subsequently terminates.

 

6) The signature by the Client of the timesheet or confirmation by telephone for the Temporary Worker shall be conclusive evidence that the services performed by the Temporary Worker in that week have been performed satisfactorily.  The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship.  Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standard of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Clients booking details, the Employment Business 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 from negligence, dishonesty, misconduct or lack of skill of the Temporary Worker.  For the avoidance of doubt the Employment Business does not exclude liability for death or personal injury arising from its own negligence.  The Client shall indemnify and keep indemnified the employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment and/or as a result of any of these Terms by the Client.

 

7) If the Temporary Worker for any reason proves to be unsatisfactory the Client must immediately inform the Employment Business by telephone. No charge will be made provided the Client notifies the Employment Business in accordance with the following timetable and ceases to use the Temporary Worker immediately:

(i) In the case of Temporary Workers engaged for 1 day or less, within 2 hours of the Temporary Worker reporting for duty.

(ii) In all other cases, within 4 hours of the Temporary Workers reporting for duty.

In no circumstances will the Employment Business be liable to the Client for any loss or damage of any kind what so ever caused to the Client or a third Party as a result of the provision of or failure to provide a Temporary Worker whether caused by negligence or in any other way what so ever.

 

 

8) Temporary Workers are engaged by the Employment Business under the Terms of Engagement.  They 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 he 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 by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff. Including the provision of adequate Employers and Public Liability Insurance cover for the Temporary Worker for all assignments.  The Client shall also advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker.

 

9) The Client agrees not to cause or permit any Temporary Worker to handle any cash or other items of value without prior written agreement.

 

 

 

 

The following additional terms relate to the supply of temporary workers as drivers or ‘O’ licensed vehicles (Herein after called Drivers)

 

10) Temporary drivers are supplies by the Agency on the sole understanding that the Client holds an Operators Licence under the Transport Act 1968, where required.

 

11) As far as is possible, the Agency will check references of Drivers, and will examine driving licences and permits: not withstanding this the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, Drivers hours and records, the issue and collection of  Techograph cards, maintenance and safety of vehicles, Health and Safety Regulations, and Road Traffic and Liability Insurances, including but not limited to fully comprehensive insurance for the vehicle to be driven and it’s contents.

 

12) To assist Clients in complying with relevant provisions of the Transport Act, the Agency agrees to provide the Client upon request with such information as is available to the Agency about any driving assignment carried out by the driver in the 7 days immediately preceding the commencement of an assignment with the Client, provided the Driver shall have worked for a Client of the Agency during those 7 days.

 

13) This agreement is governed by English Law.

 

COMPANY REGISTRATION NUMBER.  5393120

REGISTERED OFFICE,  10 Borough Road Darwen, Lancashire, BB3 1PL..