1. Definitions and Interpretation
1.1 Unless the context otherwise requires, references to the singular include the plural, and references to the masculine include the feminine and vice versa.
1.2 The headings in these Terms do not affect its interpretation. Save where the context otherwise requires, references to conditions, sub-clauses, clauses and schedules are to conditions, sub-clauses, clauses and schedules of these Terms.
In these Terms the following definitions shall apply:
1.3 “Temporary Worker” means any individual assigned by the Company to perform services including the Services as defined in the Supply Service Schedule(s) to the Hirer.
1.4 “Assignment” means the temporary role or project which the Temporary Worker shall undertake for the Hirer.
1.5 “AWR” means the Agency Workers Regulations 2010 as amended from time to time.
1.6 “Supply Service Schedule(s)” means the schedule(s) to these Terms setting out details of each Assignment.
1.7 “Hirer” means the person, firm or corporate body together with any subsidiary or associated company (as defined by s. 1159 of the Companies Act 2006) to whom an Agency Worker is introduced or supplied by the Company;
1.8 ‘Engagement’ means the engagement, employment or use of the Temporary Worker by the Client (or relevant third party) on any basis whatsoever, whether directly or through any party other than the Company. Engage, Engages and Engaged shall be interpreted accordingly.
1.9 “Extended Hire Period” means an additional period as set out in clause 8 of these Terms during which the Hirer wishes the Agency Worker to be supplied beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee.
1.10 ‘Introduction’ means (i) the provision by the Company to the Hirer of a CV or other information which expressly or impliedly identifies a Temporary Worker (ii) the arrangement of an interview or meeting between the Hirer and a Temporary whether face to face, by telephone or by web/video conference or (iii) the supply of a Temporary Worker and ‘introduces’ and ‘introduced’ shall be interpreted accordingly.
1.11 “Regulations” means the Employment Agencies Act 1973, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended), and/or the Gangmasters (Licensing Conditions) Rules 2009.
1.12 “Relevant Period” means the later date of either i) fourteen weeks from the first day on which the Temporary Worker was first supplied to the Hirer; or ii) eight weeks from the day after the Temporary Worker was last supplied to the Hirer; or 14 weeks from the first day of the Temporary Worker’s latest Assignment, if there has been a break of more than 6 weeks since the previous Assignment.
1.13 “Remuneration” means the gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, any allowances, inducement payments, the benefit of a company car and all other payments or emoluments payable to or receivable by the Temporary Worker for services rendered to the Hirer or any Third Party, calculated on an annualised basis
1.14 “Services” means the Services defined in the Supply Service Schedule(s).
1.15 “Third Party” means any company or person who is not the Hirer. For the avoidance of doubt subsidiaries of the Hirer (as defined by s. 1159 of the Companies Act 2006) are included in this definition.
1.16 “Transfer Fee” means the Transfer Fee set out in clause 8 of these Terms.
2. The Contract
2.1 These Terms, together with the Supply Service Schedule(s) and any attachments shall form the entire agreement between the Hirer and the Company and shall supersede any previous agreement between the parties relating to the subject matter herein, and are deemed to be accepted by the Hirer by virtue of an Introduction to or Engagement by the Hirer of a Temporary Worker or the passing of any information about the Temporary Worker by the Hirer to any Third Party; or the Hirer’s request to interview or interview of a Temporary Worker.
2.2 In the event of a contradiction between these Terms and the Supply Service Schedule(s), the Supply Service Schedule(s) shall prevail.
2.3 These Terms shall apply to any Engagement of the Temporary Worker irrespective of whether the services performed are the same as those for which the Temporary Worker was Introduced.
2.4 No variation to these Terms shall be valid unless it is in writing and signed by both parties.
2.5 To the extent that any terms introduced by the Hirer purport to cancel these Terms or any part of them then those introduced terms or any part of them shall be ineffective and these Terms shall prevail.
2.6 Unless the context otherwise requires, references to the Company and the Hirer include their permitted successors and assignees.
3. Company Obligations
3.1 The Company agrees to use its reasonable endeavours to ensure that the Services are provided in accordance with the Supply Service Schedule(s).
3.2 The Company shall use its reasonable endeavours to procure that the Temporary Worker:
3.2.1 uses reasonable care and skill in supplying the Services;
3.2.2 complies with the Hirer’s reasonable requirements as notified by the Hirer to the Company from time to time;
3.2.3 complies with all the Hirer’s regulations, policies and procedures of the Hirer, as notified by the Hirer to the Company and/or to the Temporary Worker, including those covering health and safety and security; and
3.2.4 uses reasonable endeavours to limit the amount of time that they are absent from an Assignment due to an authorised ante-natal appointment. Following completion of the Qualifying period as defined in Regulation 7 of the AWR, Agency Workers (in these Terms ‘Temporary Workers’) are entitled to paid time off to attend ante-natal appointments, and such appointments shall be authorised by the Company where the Temporary Worker provides evidence of the appointment in the form of a certificate from a registered medical practitioner, registered midwife, or registered nurse stating that the Temporary Worker is pregnant, and an appointment card or some other document showing that the appointment has been made.
3.3 When making an Introduction to the Hirer, the Company shall inform the Hirer of the following:
3.3.1 the identity of the Temporary Worker;
3.3.2 that the Temporary Worker has the experience, training, qualifications and any authorisations which the Hirer considers are necessary, or which are required by law to perform the Services;
3.3.3 the contractual relationship between the Temporary Worker and the Company; and
3.3.4 that the Temporary Worker is willing to provide the Services.
3.4 Where a Temporary Worker is required by law, or any professional body, to have any qualifications or authorisations to work on an Assignment which involves caring for or attending one or more persons under the age of 18 or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Company will take all legally required and reasonably practicable steps to confirm the Temporary Worker is suitable for the Assignment including appropriate Disclosure and Barring Service checks (where applicable) to obtain and offer to provide copies of any relevant qualifications or authorisations, two references from persons not related to the Temporary Worker who have agreed that the reference they provide may be disclosed to the Hirer and all other reasonable practicable steps.
3.5 The Company shall take all reasonably practicable steps to ensure that the Temporary Worker and the Client are each aware of any requirements imposed by law, or by any professional body, which must be satisfied by the Client or the Temporary Worker to enable the Temporary Worker to perform the Assignment.
3.6 The Company shall make all such reasonably practicable enquiries to ensure that it would not be detrimental to the interests of the Temporary Worker or the Client for the Temporary Worker to perform the Assignment for the Client.
4. Hirer Obligations
4.1 To enable the Company to satisfy its obligations under the Regulations and the AWR the Hirer shall provide the Company with the following information regarding each role it seeks to fill as soon as possible and certainly before any Assignment begins (and will notify the Company of any changes thereto before such change occurs or where this is not possible immediately after such change occurs during any Engagement of a Temporary Worker):
4.1.1 the date on which the Hirer requires a Temporary Worker to commence work, and the duration or likely duration of the work;
4.1.2 the role for which the Hirer seeks a Temporary Worker, including the type of work the Temporary Worker would be required to do, the location and working hours, any issues relating to health and safety, and details of any steps taken by the Hirer to control or prevent such risk;
4.1.3 the experience, training, qualifications and any authorisations which the Hirer considers are necessary or are required by law or any professional body for a Temporary Worker to possess in order to work in the relevant position.
4.2 The Hirer must:
4.2.1 Provide a safe working environment for the Temporary Worker;
4.2.2 Where possible, endeavour to ensure that the Temporary Worker uses all necessary safety and personal protective equipment supplied by the Company during the Assignment;
4.2.3 Comply with all statutory provisions, by-laws, codes of practice and other legal obligations in respect of the Temporary Worker’s health and safety whilst carrying out an Assignment;
4.2.4 Maintain records of any accident or injury affecting the Temporary Worker in situations, where notification of such accident or injury is notified/provided to the Hirer by the Supervisor in charge of the Temporary Worker, and also provide copies of such records to the Company upon request;
4.2.5 Unless otherwise agreed with the Company, ensure that the Temporary Worker is insured under the Hirer’s own insurance policies; and
4.2.6 Comply with its obligations under Regulation 12 of the AWR (Rights of agency/temporary workers in relation to access to collective facilities and amenities) and Regulation 13 of the AWR (Rights of agency workers/temporary workers in relation to access to employment).
4.3 The Hirer warrants that the information provided to the Company in the Supply Service Schedule is true and accurate in all material respects and that it will, during the term of the relevant Assignment, immediately inform the Company in writing of any subsequent change in any information or documentation.
4.4 The Hirer undertakes and warrants:
4.4.1 to the extent these are applicable, to provide the Company and/or the Temporary Worker with any rules (including health and safety, site and security regulations and IT procedures) that apply and are relevant at any site where Services are to be provided.
4.4.2 in the event that the Hirer is dissatisfied with the performance of the Temporary Worker, to notify in writing the Company immediately, giving the reasons for their dissatisfaction.
4.4.3 not to commit any act or omission which could be considered as constituting unlawful discrimination or harassment of the Temporary Worker either in connection with or during the Assignment;
4.4.4 by its actions it will not cause the Company to be in breach of the Working Time Regulations 1998 (as amended) in respect of the Temporary Worker. To assist the Company in complying with its duties under the Working Time Regulations 1998 (as amended) the Hirer will supply any relevant information about the Assignment requested by it and will notify the Company if they require the services of a Temporary Worker for more than 48 hours in any week
4.5 The Hirer undertakes and warrants:
4.5.1 that it knows of no reason why it should be detrimental to the interests of the Temporary Worker to undertake the Assignment;
4.5.2 to notify the Company immediately of any offer of an Engagement which it makes to the Temporary Worker; and
4.5.3 to notify the Company immediately that its offer of an Engagement to the Temporary Worker has been accepted and to provide details of all Remuneration to the Company.
4.6 At the end of each week of an Assignment the Hirer will record and duly authorise the timesheets as supplied by the Company or process to verify the number of hours worked by the Temporary Worker during that week.
4.7 The Hirer shall not structure an Assignment or Assignments for any Temporary Worker in a manner which would mean that the most likely explanation for the structure of the Assignment(s) is that the Hirer or one or more hirers connected with the Hirer (as defined by Regulation 9(6) of the AWR) intended to prevent the Temporary Worker from being entitled to, or from continuing to be entitled to, the rights conferred on the Temporary Worker by Regulation 5 of the AWR.
4.8 The Hirer shall indemnify the Company against all and any claims made by any Temporary Worker supplied to the Hirer arising from or relating to the AWR to the extent that this is due to any act or omission of the Hirer.
4.9 In the event of any threatened or actual legal claim brought by the Temporary Worker, the Hirer undertakes to provide such information and assistance and take such action as the Company may request, within the timeframe requested and at the Hirer’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such legal claim and to appeal against any judgment given in respect thereof.
5.1 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), the Hirer shall approve a timesheet in a format specified by the Company verifying the times worked by the Temporary Worker during that week.
5.2 It is the Hirer’s ultimate responsibility to ensure that the times shown on the Temporary Worker’s timesheet are correct and that only a duly authorised employee of the Hirer can approve the timesheet.
5.3 If the Hirer is unwilling to approve a Temporary Worker’s timesheet because the Hirer disputes the time claimed to have been worked, the Hirer shall inform the Company as soon as reasonably practicable and shall provide all such information as the Company shall require, without delay, to enable the Company to establish the time which was actually worked by the Temporary Worker.
5.4 The Hirer acknowledges that the Company shall rely upon the Hirer’s confirmation of the time worked by the Temporary Worker and the Hirer shall not retrospectively adjust the time confirmed as having been worked by the Temporary Worker.
5.5 The Hirer must not refuse to approve a timesheet on the basis that the Hirer is dissatisfied with the Service(s) or any other matter relating to the Temporary Worker but the Client may be entitled to terminate the Assignment in accordance with Clause 11.
6.1 The Hirer shall pay the Charges to the Company on a per Assignment basis.
6.2 The Company shall issue an invoice to the Hirer for the Charges each week and such invoice shall be payable within the Payment Terms. VAT shall be charged at the standard rate on all sums invoiced under these Terms.
6.3 The Company may vary the Charges, by giving written notice to the Hirer, to reflect any additional cost in supplying the Temporary Worker for any reason including, without limitation, the AWR or a legislative change.
6.4 The Company shall not give any refund or rebate in respect of the Charges and, save as required by law, the Hirer shall pay the Charges without set off or deduction for any reason including, without limitation, the CITB levy or any defect in the Services.
6.5 If an invoice is not paid within the Payment Terms, the Company may:
6.5.1 Terminate the supply of Temporary Workers to the Hirer without notice;
6.5.2 Charge late payment compensation on such invoice in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
6.5.3 Charge interest at the rate of 6% per annum above the base rate of the Bank of England from the due date until the date of payment; and
6.5.4 Refer the collection of such payment to its legal representatives and, in such circumstances, the Hirer shall be liable for all costs, fees (including legal fees on an indemnity basis), charges and disbursements incurred by the Company in recovering payment from the Hirer.
6.6 The Company shall be responsible for making all payments to the Temporary Worker for the Services.
6.7 If the Hirer makes an offer of employment or engagement to an Employee and the Employee commences such employment or engagement within 6 months of leaving the Company’s employment, the Hirer shall pay a fee to the Company, which shall be a sum equivalent to 25% of the Employee’s gross annualised remuneration in the last year of the Employee’s service with the Company. The fee shall be payable by the Hirer within the Payment Terms and the Hirer shall not be entitled to a refund if the employment or engagement terminates for any reason.
6.8 If the Hirer reduces or cancels bookings less than 6 hours before the commencement of an Assignment the Company reserves the right to make a charge equivalent to 2 hours being worked by each Temporary Worker booked for an Engagement, at the hourly charge rate agreed for the Assignment.
7.1 The Company shall invoice the Hirer on a weekly basis for charges calculated in accordance with Clause 6.
7.2 VAT will be added to all charges where applicable at the rate prevailing at the current time.
7.3 The Hirer agrees to pay all invoices in full within 7 days of the date of the invoice.
7.4 The Hirer will be deemed to have accepted an invoice in full if it fails to notify the Company to the contrary within 7 days from date of receipt. In the event that the Hirer reasonably disputes the hours worked or Services rendered, the Hirer shall notify the Company as soon as possible, but no later than 7 days from receipt and shall co-operate with the Company in establishing what hours were worked by the Temporary Worker. The Hirer agrees to pay the undisputed element of any invoice on or before the due date for payment, in accordance with Clause 7.2 above, and once resolved pay any outstanding amount within 5 working days of such agreement.
7.5 For the avoidance of doubt, a) failure to verify hours worked does not absolve the Hirer from the obligation to pay the charges in respect of time actually worked; b) the Hirer shall not be entitled to decline to verify hours worked due to the Hirer’s dissatisfaction with the Services performed by the Temporary Worker.
7.6 In the event of delayed or overdue payment, save in circumstances where the relevant invoice is the subject of a bona fide dispute as described in Clause 7.4, the Company reserves the right to charge the Hirer interest under the Late Payments of Commercial Debts (interest) Act 1998 at 4% above the base rate of the Bank of England from time to time from the due date until date of payment.
8. Payments to Temporary Workers
8.1 The Company is responsible for paying the Temporary Worker and for making payment to the relevant authorities of any amounts it is required to deduct by law (including any applicable National Insurance, Auto-Enrolment Pension Contribution and PAYE Income Tax).
9. Engagement of Temporary Workers by the Hirer or a third party
9.1 In the event of the Engagement of a Temporary Worker, Introduced by the Company to the Hirer, either a) directly by the Hirer b) by the Hirer pursuant to being supplied by another employment agency/business, or c) by a Third Party as a result of the Introduction of the Temporary Worker to the Third Party by the Hirer either after the Introduction of the Temporary Worker (but before the commencement of an Assignment) or during an Assignment or within the Relevant Period, the Hirer shall notify the Company of its intention to Engage and shall give 7 days’ written notice of its election to either:
9.1.1 Enter into an Extended Hire Period of the Assignment, or if no Assignment has taken place or the Assignment has already ended, enter into a new Extended Hire Period, of 4weeks commencing on the date of such notice, during which the Company shall continue to provide the services of the Temporary Worker on the same terms and conditions that apply to the Assignment at the date of such notice, unless otherwise agreed and in any case on no less favourable terms, and the Hirer shall continue to pay the charges as set out in Clause 6, and at the end of the extended period of hire, the Hirer may Engage the Temporary Worker without payment of any further fee to the Company; or
9.1.2 Pay a Transfer Fee of the basic hourly charges detailed in the current Supply Service Schedule(s), multiplied by 110 (one hundred and ten). No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates.
9.2 If the Hirer fails to specify whether payment of a Transfer Fee or an Extended Hire Period is preferred, a fee calculated in accordance with Clause 9.1.2 above shall be payable by the Hirer to the Company upon commencement of the Engagement of the Temporary Worker.
9.3 Where the Hirer Engages the Temporary Worker but for any reason outside its control the Company is unable to supply the Temporary Worker to the Hirer for the whole or any portion of the Extended Hire Period, or the terms offered by the Hirer are less favourable than those which applied to the previous Assignment the Hirer shall pay the Transfer Fee calculated in accordance with Clause 9.1.2. The Transfer Fee may be reduced to reflect any charges already paid by the Hirer where the Employment Business has supplied the Temporary Worker for part of the Extended Hire Period.
9.4 In the event that the Hirer introduces the Temporary Worker to a Third Party with whom the Temporary Worker enters into an Engagement within the Relevant Period, the Hirer shall be liable to pay a Transfer Fee in accordance with Clause 9.1.2.
9.5 VAT, at the prevailing rate, is payable on all Transfer fees and Extended Hire Period fees.
10. Unsuitability of Temporary Worker(s)
10.1 It is the ultimate responsibility of the Hirer to provide adequate supervision of the Temporary Worker to ensure the Services are performed to the Hirer’s satisfaction.
10.2 The Hirer shall notify the Company as soon as is practically possible and in any event within 3 hours if the Temporary Worker fails to attend work or has notified the Hirer that they are unable to attend work for any reason.
10.3 If in the reasonable opinion of the Hirer the services of the Temporary Worker are unsatisfactory, the Hirer may terminate the Assignment by directing the Company to remove the Agency Worker. Where the Hirer reasonably believes that immediate removal of the Temporary Worker from the Assignment is necessary the Hirer may instruct the Temporary Worker to leave the Assignment immediately, however in such circumstances the Hirer must inform the Company immediately this action has been taken and in any event no later than 4 hours after removal of the Temporary Worker.
10.4 In the event of the removal of an unsatisfactory Temporary Worker the Hirer shall pay the charges for all hours worked by the Temporary Worker in relation to the Assignment. In such circumstances subject to the Hirer fulfilling its obligations under Clause 4.1.3 the Company may, at its absolute discretion, reduce charges for hours worked by the Temporary Worker where services provided in relation to those hours are considered unsatisfactory by the Hirer.
10.5 Where the Company obtains any information, which gives it reasonable grounds to doubt the suitability of the Temporary Worker for the Assignment it shall notify the Hirer immediately. In such circumstances the Company shall be entitled to terminate the Assignment immediately without notice and without liability. Notwithstanding, the Hirer shall remain liable for the charges for all hours worked by the Temporary Worker up to the termination of the Assignment.
11.1 Without prejudice to Clause 10 above, these Terms and/or any related Assignment may be terminated by either party giving the other party at least 2 weeks written notice.
11.2 Without prejudice to Clause 10 above, these Terms and/or any related Assignment may be terminated with immediate effect and without notice in the event:
11.2.1 of either party being in material breach of these Terms, which is, in the reasonable opinion of the other party, not capable of remedy, or which, after written request by that party has not been remedied with 14 days of such notice;
11.2.2 of either party being in repeated breach of a material clause of these Terms;
11.2.3 if either party becomes bankrupt or has a receiving order or administrative order made against it or is put into liquidation (save for the purposes or reconstruction or amalgamation); or
11.2.4 the Hirer is in breach of its obligations under Clause 7.3.
12.1 The Hirer acknowledges that:
12.1.1 it is not responsible for the supervision of the Temporary Worker on a day-to-day basis;
12.1.2 it may accept or reject in accordance with these Terms the Temporary Worker Introduced by the Company with a view to performing the Services;
12.1.3 it takes sole responsibility where confidential information, equipment, or other assets are entrusted to the Temporary Worker; and
12.1.4 the Hirer shall indemnify the Company against any costs, claims, damages, liability and expenses incurred by the Company as a result of any breach of these terms by the Hirer.
12.2 The Company shall not be liable for any losses, expenses, damages, or delay arising out of or in connection with:
12.2.1 any act or omission or misrepresentation (whether before or after the date of the Assignment) of the Temporary Worker, including any loss, expense, damage, costs or delay arising out of the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker or if the Temporary Worker terminates the Assignment for any reason;
12.2.2 any failure by the Company to provide a Temporary Worker for completion of the Assignment;
12.2.3 any failure by the Hirer to comply with all statutory provisions in force from time to time including but not limited to the Working Time Regulations 1998, Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, the AWR and legal requirements to which the Hirer is ordinarily subject in respect of the Hirer’s own staff (excluding those dealt with in Clause 8);
12.2.4 any special, indirect or consequential damages or loss; or
12.2.5 any loss of profit, business, revenue, goodwill, anticipated savings and/or any claims made under third party contracts, arising out of any failure by the Company to perform any obligations under these Terms, but so that nothing in this Clause 12.2 shall operate to exclude or limit liability for fraud, or death or personal injury arising from its own negligence.
12.3 Subject to the above provisions of this Clause 12, the Company’s maximum aggregate liability in respect of its own negligent or wrongful acts or omissions, other than fraud, or negligence resulting in death or personal injury, shall be limited (so far as is permitted by law) to £5,000,000 per claim.
12.4 The Hirer undertakes that it will not make a request to the Company to supply Temporary Workers to perform services or duties where such work would normally be performed by a worker who is taking part in official industrial action or is covering the duties of a worker taking part in official industrial action.
13.1 The Hirer shall indemnify and keep the Company indemnified against any costs (including legal costs), claims, expenses, damages or liabilities incurred directly or indirectly by the Company arising out of or in connection with these Terms including (but not limited to) a) any breach of these Terms by the Hirer, its employees or agents; b) any breach of any applicable statutory provisions (including but not limited to those stated in Clause 12.2.3) by the Hirer or Third Party, or any of its employees or agents; or c) any unauthorised disclosure of a Temporary Worker’s details by the Hirer or Third Party, or any of its employees or agents.
14. Confidentiality & Intellectual Property Rights
14.1 The Hirer warrants to the Company that it will comply with all applicable obligations and requirements under the Data Protection Legislation. In particular, the Hirer warrants that it will process any personal data which it receives from the Company in accordance with the Data Protection Legislation and only for the express purpose for which it was provided to the Hirer by the Company, and that the Hirer will not pass any such personal data to any third party without the written permission of the Company. This clause is in addition to, and does not relieve, remove or replace, the Hirer’s obligations under the Data Protection Legislation. For the purposes of this clause, Data Protection Legislation means (i) unless and until the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998. In addition, the Hirer undertakes to keep confidential these Terms and all other information relating, or belonging to the Company’s business affairs, except information which is in the public domain.
14.2 The Company undertakes that it will on its own behalf, and shall use reasonable endeavours to ensure the Temporary Worker will a) keep confidential all information relating, or belonging to the Hirer’s business affairs, except information which is in the public domain which becomes known to the parties as a result of the supply of Services, and not to utilise such information, except for the purposes of performing the Services; and b) not to disclose that information or any other Confidential Information to any other person, or Third Party, except if required to do so by process of law, or where it is necessary as an integral part of performing the Services.
14.3 All copyright, trademarks, patents and other intellectual property rights deriving from an Assignment shall belong to the Hirer. The Company shall use reasonable endeavours to ensure that the Temporary Worker a) enters into such confidentiality undertakings as the Hirer may reasonably require; b) enter into such assignments of Intellectual Property Rights arising from the performance of the Services, as the Hirer may reasonably require; and c) deliver up to the Hirer (or as the Hirer may direct) at the end of the Assignment all material, including copies thereof, in their possession, or control belonging to the Hirer.
15.1 For the purposes of the Regulations the Company is acting as an employment business. In the event that a permanent or fixed term Engagement follows the Introduction of the Temporary Worker to the Hirer, the Company will be acting as an employment agency. Employment agency as defined in the Employment Agencies Act 1973. The Company shall act as a Gangmaster (as defined in Section 4 of the Gangmasters (Licensing) Act 2004) when introducing the Temporary Worker into an Assignment with the Hirer to which Gangmasters Licensing applies.
15.2 Neither party’s rights under these Terms shall be prejudiced or restricted by any concession, delay or forbearance it extends to the other, and no waiver by either party in respect of any breach by the other shall operate as a waiver in respect of any subsequent breach. Rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law.
15.3 No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999.
15.4 If at any time any clause in these Terms becomes illegal, invalid or unenforceable in any respect for any reason that shall not affect or impair the legality, validity or enforceability of any other clauses in these Terms.
16.1 Any notice to be given hereunder shall be in writing. Notices may be given by either party by personal delivery, post, email or by fax addressed to the other party at its registered office for the time being and any such notice given by letter email, or fax shall be deemed to have been served at the time at which the letter was delivered personally or transmitted or if sent by post would be delivered in the ordinary course of post.
17.1 These Terms are governed by and shall be construed in accordance with the law of England and Wales and the parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute arising from these Terms or its subject matter.