SELF-EMPLOYED CONTRACT FOR SERVICES
- The Supplier’s Business is in the Cleaning Industry.
- The Subcontractor has skills and abilities which may from time to time be available to the Supplier (“the Services”).
- The Supplier and the Subcontractor agree that if the Subcontractor offers to make his services available to the Supplier and is engaged by the Supplier, the terms and conditions in this Contract for Services shall apply.
- It is the intention of the parties that when the Subcontractor provides the Services to the Supplier for an Assignment, such provision of Services shall constitute a separate and distinctive engagement under this Contract for Services. Unless varied or amended or otherwise agreed between the parties under clause 23, these terms and conditions shall apply for each engagement.
- The Supplier is not obliged to offer work on any Assignment to the Subcontractor, neither is the Subcontractor obliged to accept any work offered. The Subcontractor is not obliged to make his Services available at any time. Specifically both parties agree that they do not intend to create or imply any mutuality of obligations at any time, either during or in between any individual engagement.
- The Subcontractor shall act in a professional workmanlike way at all times while carrying out the Services for the Supplier.
- The Subcontractor is free to use his own initiative as how best to complete the Services and has the flexibility to arrange how and when the Services are carried out, always provided that this does not unreasonably interfere with or delay other works being carried on by or on behalf of the Supplier or with any site restrictions in place on a particular Assignment.
- The Supplier acknowledges that will not have first call on the services of the Subcontractor in priority to any third party.
- The Subcontractor is responsible for providing his own uniform and transport. The parties agree that certain equipment or other ancillary equipment may be more cost effective when provided by the Supplier, particularly if the type of Assignment is specialised or the Services are labour-only services.
Payment for the services
- The Subcontractor will bill the client for full invoice price of which
the Subcontractor agrees to pay on a weekly basis agreed amount to the Supplier for introduction, training, administration and management.
- Any defective work the Supplier reasonably determines has been caused by the Subcontractor, or by any substitute or hired assistant working for the Subcontractor, will be corrected by the Subcontractor at his own cost or in his own time.
- The Subcontractor is responsible for all his travelling expenses to and from any location where he has been engaged to provide the Services. Where transport facilities are made available by the Supplier to a particular location this is entirely at the Subcontractor’s discretion and such facilities may be withdrawn at any time and the costs of such facilities may be reflected in the price or rate agreed with the Subcontractor.
- The Subcontractor will provide to the Supplier at the earliest opportunity sufficient information to enable the Contractor to verify the Subcontractor’s payment status with HM Revenue & Customs. The responsibility for the accuracy of this information rests with the Subcontractor, and the Subcontractor will not be entitled to receive any payment under this contract until this information has been provided to the Supplier.
- The Subcontractor is responsible for his own Taxes and National Insurance contributions.
- As an independent business, the Subcontractor agrees that it is not entitled to sick pay or any other payment for periods when the Services are not provided to the Supplier in any circumstances.
- The Subcontractor is not entitled to participate in the Supplier grievance and disciplinary procedure.
- The Subcontractor will not be entitled to receive payment for Services cancelled or by reason of inclement weather.
Health and Safety
- In the interests of Health and Safety obligations imposed on the Supplier, the Subcontractor agrees to comply with all reasonable operational rules relating to working hours, site security and safety.
- The Subcontractor will not represent himself as a servant or employee of the Supplier at any time, but as an independent subcontractor in business on his own account engaged by the Supplier for the specific purpose of providing the Services.
- The Subcontractor agrees to sustain own public liability insurance, and to provide the Supplier with Insurers’ details on acceptance and signing of this Contract for Service.
Substitutes and Hired Assistants
- The Subcontractor may at his absolute discretion, send a substitute or hired assistant to perform the Services. The substitute or hired assistant may be rejected by the Supplier only if in the reasonable opinion of the Supplier such substitute or hired assistant does not possess the necessary skills or qualifications to carry out the Services. There will be a requirement for the replacement to undertake the standard health and safety induction prior to their engagement.
- Where a substitute or hired assistant is sent by the Subcontractor there shall be no contractual or financial relationship between the Supplier and the substitute or hired assistant. The Subcontractor is solely responsible for arranging payments to the substitute or hired assistant.
Termination of this agreement
- This Agreement may be terminated by either party upon 14 days written notice to the other party.
- The Subcontractor confirms that he has read and understood the terms and conditions herein and has had the opportunity to discuss this agreement with any person or professional adviser he considers necessary before signing.
- Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them.
- Both parties agree that, with the exception of verbal agreements referred to in clause 6, these terms and conditions represent the whole agreement between them. No variations may be made to these terms unless agreed in writing by both parties.
- Should the Supplier fail to enforce or apply any of the rights that it has under this Contract for Services, it shall not be construed that the Supplier approves or agrees to any breach of contract or that it loses its rights to enforce the terms of this Contract for Services in full at any time now or in future.
- The Headings used in the Contract for Services are for the ease of reference only and are not intended to be interpreted as part of the terms agreed between the parties. References to the masculine include the feminine.
- This contract is governed by the laws of England and Wales.