Drivetek Recruitment Ltd
Terms & Conditions of Business

1. DEFINITIONS
1.1 These Terms and Conditions apply to all and any business undertaken with or for the party receiving this document as the Client by Drivetek Recruitment Ltd (“The Company”) by itself or any other sub-contractor operating to the standards required by the company relating to driving or industrial assignments.
1.2 “The Driving Assignment” shall be defined as involving the supply of contract drivers for the driving of automotive vehicles including large goods vehicles, public carrying vehicles, mobile plant, forklift trucks or the operation of any associated automotive equipment, as set out in the work specification.
1.3 “The Driver or Worker” means the person supplied or to be supplied by the company to perform driving or other services for the Client and such word shall, where the context permits, include any one or more Driver(s) or Workers.
1.4 “The Assignment” means the type of work specifying the terms and nature of the assignment to be undertaken.
1.5 “The Client” means the hirer to which the temporary worker is being supplied.

2. LAW
2.1 All agreements of which these Terms and Conditions form part shall be construed and interpreted in accordance with English law.

3. HEADINGS
3.1 The headings in this agreement are for convenience only and are not to be taken into account in construing the Terms of this agreement.

COMPANY UNDERTAKINGS

4. EMPLOYMENT OF THE DRIVER or WORKER
4.1 The driver or Agency Worker is employed by the Company under a contract of service for the purpose of supplying the Agency Worker to the Client. Subject to Clauses 5 and 6 of this Agreement, upon the introduction to the Client and for the duration of the assignment, the Agency Worker, for all purposes including any provision under the Client’s Operators License, shall become the temporary servant of the Client to drive its vehicles for its own use. Within the terms agreed with the Driver or Agency Worker prior to the commencement of the specific assignment, the Client shall have entire control for the Driver or Agency Worker both in what the Agency Worker does, and the manner of doing it, save that the client shall not require the Driver or Agency Worker to undertake any unlawful act.
4.2 The Worker is employed by the Company under a contract for services for the purpose of supplying the Worker to the Client. Subject to Clauses 5and 6 of this agreement, upon the introduction to the Client and for the duration of the assignment, The Worker for all purposes including any provisions under the Clients direction shall become the temporary servant of the Client to work at their premises. Within the terms agreed with the Worker prior to the commencement of the assignment, the Client shall have entire control for the Worker both in what the Worker does, and the manner of doing it, save that the Client shall not make unreasonable requests.

5. COMPANY OBLIGATIONS
The Company will, or has performed the following services in respect of the Driver/Worker:-
5.1 On behalf of the Client, check the license of the Driver or Worker and take up references.
5.2 Pay the Driver’s or Worker’s wages, overtime, holiday pay and other emoluments to which the driver is entitled under his contract with the Company and make payments of Employers National Insurance Contributions and all statutory deductions in respect of National Insurance and tax, and account to the Inland Revenue for the due sums either directly or via a third party payroll administrator.
5.3 Provide the Driver and Worker with written particulars of terms of employment pursuant to the Employment Protection (Consolidation) Act 1978, and other enactments relating thereto.
5.4 Whether on behalf of the Company, or the Client, deal with applications for the redress of any grievance of the driver and Worker concerning his secondment to the Client.
5.5 Make and keep all necessary records relating to the matters specified in 5.2. The agency is not responsible for ensuring driver tacho charts or digi cards are downloaded or supplied, as under the conditions of the operator’s license and the driver’s own license as it is their duty to ensure records are produced and collected and stored, or the correct procedures are in place for such.

6. ASSIGNING QUALIFIED DRIVERS
6.1 The Company will endeavour to ensure that any Driver is, at the commencement of their secondment to the Client, duly licensed in accordance with the provisions of the Road Traffic Act 1988, and any other enactments including EC legislation relating thereto. This also includes any other Status relating to the same which may from time to time be in force, applying to vehicles as the Client shall specify to the Company prior to the time the Driver first reports for work.

7. SATISFACTION GUARANTEE
7.1 Where the Driver or Worker fails to carry out work in a satisfactory and diligent manner and the client notifies the Company within 24 hours of the commencement of the unsatisfactory work complained of, and gives the Company the opportunity to undertake its own investigation the Client shall not be liable for the non worked element of the cost of services supplied. In any effect any hours worked will be charged and paid but no minimum charges will be levied where the is a dis-satisfaction.

8. REPLACEMENT DRIVER
8.1 In the event of absence or gross misconduct by the Driver, the Company will, if so requested, make all reasonable endeavours to find a replacement Driver, but the Company does not guarantee to do so, and the Company shall not be liable for any loss or damage whatsoever, resulting from its failure to do so.

9. COMPANY’S RIGHT TO TERMINATE SERVICE
9.1 The Company has the right to terminate the contract forthwith with no liability arising, in the event of the client:-
a) Having any order made, petition presented or resolution passed for its winding up, or the appointment of a receiver or administrator:
b) Becoming bankrupt or insolvent (or having made any voluntary arrangement) under the Insolvency Act 1986;
c) Failing to pay for 28 days any sum due to the Company:
d) Directing the Driver and Worker to undertake duties or services of any nature for a person other than the Client;
e) Directing the Driver to drive automotive vehicles which fail to comply with the requirements of the Road Traffic Act 1988 or any other relevant legislation for the time being in force.
f) Upon giving to the client not less than a 28 day notice period in writing.
9.2 If the Company is prevented from commencing or completing performance of the services requested by the Client by any event, matter or cause beyond its control, howsoever arising (including without limitation by any or all of then following:- loss or damage by fire, civil commotion, exceptionally inclement weather, strike or lockout (whether official or unofficial), availability of labour) it has the right to terminate the contract by notice in writing to the Client, and the Client shall pay the Company a proportion of all monies due under the contract, calculated with reference to the time worked by the Driver provided by the Company.

10. CLIENTS RIGHT TO TERMINATE SERVICE
10.1 The Client may at any time terminate the secondment of a driver provided that (except in cases involving gross misconduct or failure to devote such time and attention as may be required properly to carry out his duties) the Client gives the required notice as detailed in the work specification.
11. EFFECT OF TERMINATION
11.1 Termination of this Agreement shall be without prejudice to the rights of either party against the other in respect of any antecedent breach.

12. INDEMNITIES AND LIABILITIES
12.1 Neither Party excludes or limits liability to the other Party for:
12.1.1 (a) death or personal injury caused by its negligence; or
12.1.2 (b) fraud; or
12.1.3 (c) fraudulent misrepresentation; or
12.1.4 (d) any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982.
13. The Hirer agrees and shall indemnify the Company and keep the Company indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Temporary Agency Worker of its obligations under the Contract or the presence of the Agency Worker or any Staff on the premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Agency Worker, or any other loss which is caused directly or indirectly by any act or omission of the Company or Agency Worker.
13.1 Subject to the express provisions of Clause 12.1, it is understood and agreed that from the moment the Agency Worker first reports for duty to the Client/Hirer the Agency Worker is under the entire and absolute control of the Client/Hirer. Accordingly, only the Client/Hirer is in a position to assess and therefore insure against risks in respect of, or arising during the secondment of a Temporary Agency Worker supplied by the Company. The Client/Hirer is requested to insure against any loss, damage, injury, liability, or expense caused by the Temporary Agency Worker or in any way resulting from acts, statements or omissions by the Temporary Agency Worker, howsoever caused.

CLIENT UNDERTAKINGS

14. DETAILS OF ASSIGNMENTS
14.1 Before the Company assigns the Agency Worker as detailed in this terms of business, the Client is requested to furnish to the Company, complete information, including any relevant conditions imposed by law, to ensure compliance by the Company in meeting its obligation under clause 6.1. The Company will rely upon the information supplied by the Client to determine the suitability of the Agency Worker.
15. CLIENT OBLIGATIONS
15.1 The Client, except as provided in Clauses 5 and 6, shall take direct responsibility for statutory obligations in respect of Operators Licenses, Drivers licenses, EC Legislation (including driver’s hours and records), maintenance and safety of vehicles, health and safety, employer’s obligations and employer’s liability, arising out of the temporary secondment of the Driver.
15.2 The Client shall effect and maintain throughout the period of secondment of the Agency Worker to the Client all insurance required under Road Traffic and other legislation together with insurance in respect of loss or damage to property, (including Client’s vehicles and their contents) and injury to all other persons including the driver.
15.3 Without the Company’s prior written consent, the client shall not permit the Agency Worker to perform services for others, or to drive vehicles of a different category to that requested for the duration of the booking term.
16. CLIENT LIABILITIES
16.1 The Driver or Worker is seconded to the Client under the Client’s entire and absolute control, and, except as expressly provided to the contrary, the Client shall keep the Company (its servants, agents and sub-contractors) indemnified in respect of loss, damage costs, expenses or compensation, howsoever caused, including Driver’s acts, statements or omissions, and statutory obligations while the driver is seconded to the client
16.2 Except as stated in these Terms and Conditions the Company shall not be liable to the Client, its partners, servants or agents whether in tort or under statute or common law or otherwise howsoever. The Company does not exclude or restrict liability for death or personal injury resulting from its negligence or that of its directors, servants or agents.
16.3 Any exclusion or limitation clause or right of indemnity in these Terms and Conditions shall ensure not only to the benefit of the Company but also of its directors, servants and agents.

FEES AND PAYMENTS FOR SERVICES

17. CHARGES & PAYMENTS
17.1 The Client shall pay the Company, in accordance with the scale or charges/hourly rates prevailing at the time of the order. VAT will be charged at the rate applicable to the invoice date. The Company shall be entitled to vary the charges made with immediate effect:-
i) If the Client requires any deviation or variation from or addition to the services requested on the work specification for the secondment;
ii) To reflect any increase in wage rates or statutory deductions or the cost of materials required;
iii) If unforeseen circumstances or difficulties arise in connection with the execution of services requested.
17.2 The Clients signature, or that of its representative, on the work record, charge sheet, driver card print out or other formal confirmation of completed work shall be deemed conclusive evidence that the Client is satisfied with the Driver or Worker supplied and that the Client will pay all monies due under the contract. Failure by the Client to sign any work record or charge sheet shall not preclude the Company from charging monies due under the contract in full and unless and until the Company is notified of dissatisfaction as provided in Clause 7, the Client shall be deemed fully satisfied.
17.3 Payment is due within 30 days of the date of the invoice.

17.4 Where Drivers Negligence Insurance is provided, the client warrants in ANY event the charges are payable in full and accepts that ONLY the insurers are in a position to full fill, pay or accept a claim on investigation of such claim being successful. The Client accepts in full all charges levied by the agency and agrees not to withhold invoices whatsoever in the event of a drivers negligence claim.

17.5 Any booking cancelled with less than 4 hours notice will incur a minimum charge of eight hours where hourly rates are charged or the daily rate where shift rates are charged. Where a worker turns up for work and is then not required the full charge will be levied.

18. INTEREST
18.1 The company reserves the right to charge interest on outstanding invoices that remain outstanding beyond the agreed payment terms. Interest will be charged at a daily rate of 2% above the base rate charged by the Bank of England.

19. PREVIOUS EMPLOYEES
19.1 The Client consents to the Company supplying Drivers or Workers pursuant to this Agreement notwithstanding the fact the driver or worker may have already been supplied to/employed by the client during the preceding 6 months.

20. CLIENT APPROACHES TO Drivetek Recruitment Ltd TEMPORARY DRIVERS or OTHER WORKERS
20.1 The Company does not seek to prohibit the Driver or Worker in its employ from taking up permanent employment positions with Clients, but it reserves the right to levy a fee, and requires the Client to give immediate notice to the Company of its intentions.
20.2 In the event of the Engagement of an Agency Worker, introduced by the Employment Business to the Hirer either a) directly by the Hirer b) by the Hirer pursuant to being supplied by another Employment Business, or c) by a third party as a result of the introduction of the Agency Worker to the third party by the hirer d) submission by another employment agency to the client, either after the introduction of the Agency Worker (but before the commencement of an Assignment ) or during an Assignment or within the Relevant Period, the hirer shall notify the Employment Business of its Intention to engage the worker/driver and shall give 7 days written notice of its election to either. Failure to inform the agency in writing within 7 days will mean the client accepts it is in breach of contract and accepts the relevant fees calculated at 250 times the hourly basic charge rate or 50 times the daily charge where day/shift rates are applied. For the avoidance of doubt an introduction includes but is not limited to the submission of a CV or drivers license and license check. The client warrants and agrees not to take services from a third party for an agency worker already supplied by the agency for a period of 6 months since the last assignment or introduction.
20.3 Where notification occurs the client may agree to 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 to commence from date of such notice, during which the Employment Business shall continue to provide the services of the agency 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 5 , and at the end of the extended period of hire , the Hirer may engage the Agency Worker without payment of any further fee to the Employment Business ; or
20.4 Pay the Transfer Fee set out in the supply service assignment schedule on commencement of the engagement No refund of the transfer fee will be paid in the event that the engagement subsequently terminates.
20.5 If the Hirer fails to specify whether payment of the transfer fee or an extended period is preferred, a transfer fee calculated at 250 times the standard hourly hire rate shall be payable by the hirer to the employment business upon commencement of the engagement of the agency worker where the client company has not notified the agency of its intention to take on the worker on a permanent basis.
20.6 Where the hirer engages the agency worker but for any reason outside its control the Employment Business is unable to supply the Agency 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 fee calculated in accordance with clause 19.5. The transfer fee may be reduced to reflect any charges already paid by the hirer where the employment business has supplied the agency worker for part of the extended hire period.
20.7 In the event that the hirer introduces the Agency Worker to a third party with whom the agency worker enters into an engagement within the relevant period, the hirer shall be liable to pay a transfer fee in accordance with clause 20.2.
20.8 VAT at the prevailing rate is payable on all transfer fees and extended hire period fees.
20.9 Definitions of relevant period means the later date of either a) 13 weeks from the first day on which the Agency Worker was first supplied to the Hirer; or b) eight weeks from the day after the Agency Worker was last supplied to the Hirer; or 14 weeks from the first day of the Agency Worker’s latest assignment, if there has been a break of more than 6 weeks since the previous assignment.