1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
“Assignment” means the period during which the Temporary Driver is supplied by the Employment Business 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 which the Temporary Driver is supplied or introduced.
“The Employment Business” means Absolute Driver and Training Solutions Ltd of 71 Taw View Barnstaple EX31 2NN
“Engages/Engaged/Engagement” means the engagement, employment or use of the Temporary Driver directly by the Client or any third party or through any other employment business on a permanent or 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 Driver is an officer or employee.
“Temporary Driver” means the individual who is introduced by the Employment Business to render services to the Client.
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Temporary Driver for services rendered to or on behalf of the Client or any third party.
1.2. Unless the context otherwise requires, references to the singular include the plural.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms constitute the contract between the Employment Business and the Client for the supply of the Temporary Driver’s services by the Employment Business 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 Driver or the passing of any information about the Temporary Driver 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 the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. CHARGES
3.1 The Client agrees to pay such hourly charges of the Employment Business as shall be notified to and agreed with the Client on addendum hereto. The hourly charges are calculated according to the number of hours worked by the Temporary Driver (to the nearest quarter hour) and comprise mainly the Temporary Driver’s hourly rate but also include the Employment Business’ commission calculated as a percentage of the Temporary Driver’s hourly rate, employer’s National Insurance contributions and statutory holiday pay, 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 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 from date of invoice. The Employment Business reserves the right to charge interest and compensation under the late payment of Commercial Debts (Interest) Act 1988 (together with any and all additions and/or amendments thereto) on any overdue amounts at a rate of 2% per month above the applicable base rate set on the bank account of the Employment Business from the due date until the date of payment.
3.3 If the Client reduces or cancels bookings less than 2 hours before commencement of Assignment, we reserve the right to make a charge equivalent to 4 hours being worked by the Temporary Driver booked for the Engagement at an hourly charge rate agreed for the booking.
3.4 No rebates are payable in respect of the charges of the Employment Business.
3.5 The client shall be liable for a transfer fee where a driver has been offered employment by the client company with 30 days of introduction to the client.
(1) A £400.00 one off payment.
(2) A minimum 10 week placement of 37.5 hours per week (reduced at ADS discretion).
4. INFORMATION TO BE PROVIDED
4.1. When making an Introduction of a Temporary Driver to the Client the Employment Business shall inform the Client of the identity of the Temporary Driver; that the Temporary Driver has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Temporary Driver will be employed by the Employment Business under a contract of service or apprenticeship or a contract for services; and that the Temporary Driver is willing to work in the Assignment.
4.2. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Temporary Driver is being Introduced for an Assignment in the same position as one in which the Temporary Driver had previously been supplied within the previous five business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.
5. TIME SHEETS/CONFIRMATION OF HOURS
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 Client shall sign the Employment Business’ Confirmation of Hours sheet verifying the number of hours worked by the Temporary Driver during that week.
5.2 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 Driver because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Driver. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
5.3 The Client shall not be entitled to decline to sign a timesheet on the basis that the work performed by the Temporary Driver was dissatisfactory. In cases of unsuitable work the Client should apply the provisions of clause 9.1 below.
6. PAYMENT OF THE TEMPORARY DRIVER
6.1 The Employment Business assumes responsibility for paying the Temporary Driver and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Driver pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
7. LIABILITY
7.1 Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Drivers and further to provide them in accordance with the Client’s booking details, the Employment Business is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Driver for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Driver. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.
7.2 Temporary Drivers supplied by the Employment Business are engaged under contracts for services. They are not the employees of the Employment Business 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 Driver, whether wilful, negligent or otherwise as though the Temporary Driver 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 (excluding the matters specifically mentioned in Clause 6 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Driver during all Assignments.
7.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Driver and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Driver is to fill the Assignment. The Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Driver for more than 48 hours in any week, the Client must notify the Employment Business 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 Driver for the Temporary Driver to fill the Assignment.
7.5 The Client undertakes not to request the supply of a Temporary Driver to perform the duties normally performed by a driver who is taking part in official industrial action or duties normally performed someone who has been transferred by the Client to perform the duties of the person on strike or taking official industrial action.
7.6 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 or arising out of any non-compliance with clauses 7.2, 7.3 and 7.5 and/or as a result of any breach of these Terms by the Client.
8. SPECIAL SITUATIONS
8.1 Where the Temporary Driver 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, the Employment Business will take all reasonably practicable steps to obtain and offer to provide to the Client:
9. TERMINATION
9.1 The Client undertakes to supervise the Temporary Driver sufficiently to ensure the Client’s satisfaction with the Temporary Driver’s standards of workmanship. If the Client reasonably considers that the services of the Temporary Driver are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Driver to leave the Assignment immediately, or by directing the Employment Business to remove the Temporary Driver. The Employment Business may, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Driver, provided that the Assignment terminates: -
a) Within four hours of the Temporary Driver commencing the Assignment where the booking is for more than seven hours; or b) Within two hours for bookings of seven hours or less;
And also provided that notification of the unsuitability of the Temporary Driver is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.
9.2 Any of the Client, the Employment Business or the Temporary Driver may terminate an Assignment at any time without prior notice and without liability.
9.3 The Client shall notify the Employment Business immediately and without delay and in any event within 24 hours if the Temporary Driver fails to attend work or notifies the Client that the Temporary Driver is unable to attend work for any reason.
9.4 The Employment Business shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Driver supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith by notice in writing without prior notice and without liability.
10. LAW
10.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
TERMS OF BUSINESS ADDENDUM FOR THE INTRODUCTION AND SUPPLY OF AGENCY DRIVERS AS LGV DRIVERS The following terms relate to the supply of agency drivers as LGV drivers (hereinafter called ‘Drivers’). These terms are in addition to and to be read in conjunction with Absolute Driver Solutions Ltd (ADS) Terms of Business for introduction of agency drivers.
1. ADS (we/us) supply drivers on the sole understanding that the client (you) holds an operator’s licence under the Transport Act 1968, where required.
2. As far as possible we will check references of Drivers, and examine Driving Licence and permits; notwithstanding this, you agree to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, Drivers hours and records, issue and collection of tachographs, maintenance and safety of vehicles. Health and Safety regulations, Road Traffic and liability insurances, including, but not limited to, fully comprehensive insurance for vehicles to be driven and their contents.
3. You must satisfy yourself that all licences and other documentation appertaining to Drivers are in order before permitting drivers to take charge of vehicles. You must take proper steps in relation to the insurance, maintenance and safety of vehicles and effect all other necessary liability insurance (including Employers Liability and Third Party Risks) in respect of the vehicle, its contents and Drivers. Upon request you shall permit us to inspect your operator’s licence and polices of insurance for vehicles to be driven.
4. To assist you in complying with your statutory duties in respect of Drivers, we agree to provide you upon request with such information as is available to us about any driving Assignments carried out by Drivers in 7 days immediately preceding commencement of Assignment with you, provided Drivers shall have worked for a Client of ours during those 7 days.
5. You accept that as user of the Drivers you have sole responsibility and control over Drivers duties, journeys and hours of work, and all statutory duties in respect of driving licences and where appropriate tachographs.
6. We emphasise that it may be impracticable for us to obtain references in every case, owing to the time factor and the human element involved and we cannot accept liability of any kind whether in contract or in tort for any loss or damage to property or for any other loss (including without prejudice to the generality of the foregoing loss of profits) or for any injury to persons or fatality arising directly or indirectly from any act or omission of Drivers even if such act or omission is negligent or fraudulent or reveals dishonesty or lack of skill on the part of Drivers.
T: 01271 954444
F: 01271 377703
Absolute Driver Training
100 High Street
Barnstaple
Devon EX31 1HR