Hello, my name is Ben and it is my pleasure to assist you with your question today. Is there a cancellation clause contained in the contract?
Hello Ben! Can i send you my contract?
you can attach it here if you can
The agency tray to force me to sign the new contract and they are threatening me
www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NESCHEDULE21st August 2013Name:Roxy Enterprises Ltd (Roxana Bucur)Services Required: HealthcareContract Rate £10.50p/hService Site: Acacia House,Ashford Road,St Michaels,Tenterden,TN30 6QAInvoice Period: MonthlyContract Start Date: 21st August 2013This contract offer is subject to Police Clearances and two references fromprevious employers or contracts. As part of this offer you will be required tomake sure that we receive a monthly timesheet signed and your invoice failure tosend us timesheets and invoice will result in you not being paid on time.It is your responsibility to make sure that timesheets are handed in monthlyalong with your invoice.If you will service the contract using substitutes or employees you will beresponsible for making sure they meet all immigration and tax laws.Please note that as a matter of quality we ask that you remain professional andconduct yourself in a professional manner. You will be required to follow andbeware of all health and safety procedures that are in place at or required to beplaced.You agree that you have enough funds available to manage your teamand yourself and can pay upfront for any accommodation\travel\food orany other expenses prior to the start of any assignment.The contract start date may be delayed if we are waiting a CRB and POVA foryou.All invoices are paid on the 12th of each month which can clear up to midnight,however if the 12th is a non banking day your invoice will be paid on the firstworking day after the non working day.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE21ST AUGUST 2013------------CONTRACT FOR SERVICESbetweenMY SKILLED TEAMandROXY ENTERPRISES LTD (ROXANA BUCUR)[CONSULTANT COMPANY]www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NETHIS AGREEMENT is dated 21st August 2013PARTIES(1) My Skilled Team of 206 Turners Hill Road, Cheshunt, Herts EN8 9NE (Company).(2) Roxy Enterprises Ltd (Roxana Bucur)of 18 BillingtonGroveWillesboroughAsfordKentTN24 0FY(Consultant Company).AGREED TERMS1. INTERPRETATION1.1 The definitions and rules of interpretation in this clause apply to this agreement.Assignment: the services to be carried out by the Consultant Company for the Client,as more particularly described in clause 3 and in the Booking Placement Form.Booking Placement Form: written confirmation of the detail of a particularAssignment to be given to the Consultant Company on acceptance of thatAssignment, attached at the ScheduleBusiness Day: a day other than a Saturday, Sunday or public holiday when banks inLondon are open for business.Calendar Week: shall have the meaning in regulation 7(4) of the AWR 2010.Client: the person, firm, partnership, company or Group company (as the case maybe) to whom the Consultant Company is Introduced or supplied.Confidential Information: information in whatever form (including withoutlimitation, in written, oral, visual or electronic form or on any magnetic or opticaldisk or memory and wherever located) relating to the business, customers, products,affairs and finances of the Client, the Company for the time being confidential to theClient, the Company and trade secrets including, without limitation, technical dataand know-how relating to the business of the Client or the or any of its suppliers,customers, agents, distributors, shareholders, management or business contacts andincluding (but not limited to) information that the Consultant Company creates,develops, receives or obtains in connection with the Assignment, whether or not suchinformation (if in anything other than oral form) is marked confidential.Demand: any action, award, claim or other legal recourse, complaint, cost, debt,demand, expense, fine, liability, loss, outgoing, penalty or proceeding.Engage: the hire of a Consultant Company or the engagement directly or indirectlythrough any Company other than through the Company (whether for a definite orindefinite period) of a Consultant Company as a direct result of any Introduction orAssignment to the Client and the term Engaged shall be construed accordingly.Introduce: the provision to the Client of information by the Company by way of acurriculum vitae or in such format as the Client may from time to time require whichwww.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NEidentifies the Consultant Company and Introduction and Introduced shall beconstrued accordingly.Introduction Fee: a fee payable by the Client to the Company in the circumstancesset out in clause 4.Rate of Pay: the rate will be paid for each hour worked during an Assignment (to thenearest quarter hour) weekly in arrears, subject to any deductions that the Company isrequired to make by law and to any deductions which the Consultant Company hasspecifically agreed can be made.Relevant Period: shall have the meaning set out in regulation 10(5) and (6) of theConduct Regulations 2003.Required Assignment Information: shall have the meaning set out at clause 3.6.Consultant Company: The company, business or individual providing the service tothe Client1.2 Clause, schedule and paragraph headings shall not affect the interpretation of thisagreement.1.3 A person includes a natural person, corporate or unincorporated body (whether or nothaving separate legal personality) [and that person's legal and personalrepresentatives, successors and permitted assigns].1.4 The schedule(s) form part of this agreement and shall have effect as if set out in fullin the body of this agreement and any reference to this agreement includes theschedule(s).1.5 A reference to a company shall include any company, corporation or other bodycorporate, wherever and however incorporated or established.1.6 Unless the context otherwise requires, words in the singular shall include the pluraland words in the plural shall include the singular.1.7 Unless the context otherwise requires, a reference to one gender shall include areference to the other gender.1.8 A reference to a statute or statutory provision is a reference to it as it is in force forthe time being, taking account of any amendment, extension, or re-enactment andincludes any subordinate legislation for the time being in force made under it.1.9 A reference to writing or written includes faxes [but not e-mail] [save whereexpressly stated to the contrary].www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE1.10 Any words following the terms including, include, in particular or any similarexpression shall be construed as illustrative and shall not limit the sense of the words,description, definition, phrase or term preceding those terms.BACKGROUNDThe Company provides a service for businesses to buy and sell services to each other andprovides a platform for agents to acquire work with end-clients.The Company shall act on behalf of the Consultant Company providing access to Clients forthe Consultant Company. The Company shall act as an agent for the Consultant Companyproviding details of Assignments as well as invoicing on their behalf.2. THE AGREEMENT2.1 These terms set out the entire agreement between the Company and the ConsultantCompany.2.2 These terms shall govern all Assignments undertaken by the Consultant Company(including, for the avoidance of doubt, where the Consultant Company undertakes anAssignment without having signed these terms). No contract shall exist between theCompany and the Consultant Company between Assignments.2.3 For the avoidance of doubt, this agreement does not constitute a contract ofemployment between the Company and the Consultant Company or the ConsultantCompany and the Client.2.4 For the purposes of the Conduct Regulations 2003, the Company acts as an Companyin relation to the Introduction and supply of the Consultant Company to the Client.3. ASSIGNMENTS3.1 The Company will work on behalf of the Consultant Company providing leads tosuitable Assignments. The Company will introduce the Consultant Company to theClient with the view of the Consultant Company rendering their services to the Clientfor the Assignment.3.2 On acceptance of the Assignment, the Consultant Company shall assign any one (ornumber, if applicable) of its employees, staff or agents to the Clients Assignment.3.3 The Consultant Company has the right, at its own expense, to enlist additional orsubstitute Staff in the performance of the Consultant Company Services or may, subcontractall or part of the Consultant Company Services, provided that the Consultantwww.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NECompany provides details, whenever practicable, of the proposed substitute or subcontractor, ahead of the planned substitution and subject to the My Skilled Team andthe Client being reasonably satisfied that such additional Staff or any such subcontractorhas the required skills, qualifications, resources and personnel to providethe Consultant Company Services to the required standard.3.4 The Company will act as an Agent on behalf of the Consultant Company.3.5 The Company will invoice the Client for the Consultant Companies work, and collectpayment for the same on behalf of the Consultant Company.3.6 Except as provided below, at the same time as an Assignment is offered to theConsultant Company, the Company shall provide the Consultant Company with thefollowing information (the Required Assignment Information):(a) the identity of the Client, and if applicable the nature of its business;(b) the date the Assignment is to commence and the duration or likely durationof the Assignment;(c) the position which the Client seeks to fill, including the type of work theConsultant Company in that position would be required to do, the locationat which, and the hours during which, the Consultant Company would berequired to work;(d) the Rate of Pay and any expenses payable by or to the Consultant Company;(e) any risks to health and safety known to the Client in relation to theAssignment and the steps the Client has taken to prevent or control suchrisks; and(f) the experience, training, qualifications and any authorisation which theClient considers are necessary or which are required by law or aprofessional body for the Consultant Company to possess in order to workin the Assignment.3.7 Where the required assignment information is not given in paper form or byelectronic means, the Company shall confirm it in writing or electronically as soon aspossible and in any event no later than the end of the third Business Day followingthe day on which the Assignment was offered to the Consultant Company.3.8 Unless the Consultant Company requests otherwise, clause 3.6 will not apply wherethe Consultant Company is being Introduced or supplied to the Client to work in thesame position as one in which the Consultant Company has previously been suppliedwithin the previous five Business Days and the required assignment information (withthe exception of the date or likely duration of the Assignment) is the same as thatalready given to the Consultant Company.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE3.9 The Consultant Company shall not be required to provide any advice and assistancein addition to the Assignment and any requests to provide such additional advice andassistance shall be subject to the prior approval of the Consultant Company andagreement between the Consultant Company and the Client as to the level of feespayable for such additional advice and assistance. In the event that such additionaladvice and assistance is agreed, the Consultant Company must notify the Company ofthe terms upon which such services will be provided including details of any new feearrangements in order that the fee arrangement between the Consultant Company andthe Company may be adjusted accordingly.4. RELATIONSHIP BETWEEN COMPANY AND CONSULTANT COMPANY4.1 The Consultant Company acknowledges to the Company that there is no intention onthe part of the Consultant Company, its staff, substitutes or sub contractors or theCompany or Client to create an employment relationship between any of those partiesand that the responsibility of complying with all statutory and legal requirementsrelating to the Staff of the Consultant Company (including but not limited to thepayment of taxation, maternity payments and statutory sick pay) shall fall upon andbe discharged wholly and exclusively by the Consultant Company. In the event thatany person should seek to establish any liability or obligation upon the Companyand/or the Client on the grounds that the staff are an employee of the Company and/orthe Client, the Consultant Company shall upon demand indemnify the Companyand/or the Client and keep them indemnified in respect of any such liability orobligation and any related costs expenses or other losses which the Company and/orthe Client shall incur.4.2 The Consultant Company shall be responsible for all obligations arising under or inconnection with, the National Minimum Wage Act 1998 in connection with the Staff.4.3 The Company is under no obligation to offer work to the Consultant Company andthe Consultant Company is under no obligation to accept any work that may beoffered by the Company. Neither party wishes to create or imply any mutuality ofobligation between themselves either in the course of, or between, any performancesof the Assignment under the Agreement5. STATUS5.1 The relationship of the Consultant Company (and any of its staff, employees oragents, if applicable) to the Company and/or Client will be that of independentcontractor and nothing in this agreement shall render it (nor any of its staff,employees or agents, if applicable) an employee, worker, agent or partner of theCompany and/or Client and the Consultant Company shall not hold himself out assuch and shall procure that the Individual shall not hold himself out as such.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE5.2 This agreement constitutes a contract for the provision of services and not a contractof employment and accordingly the Consultant Company shall be fully responsiblefor and shall indemnify the Company and/or Client for and in respect of:(a) any income tax, National Insurance and social security contributions andany other liability, deduction, contribution, assessment or claim arising fromor made in connection with either the performance of the Services or anypayment or benefit received by the Individual in respect of the services,where such recovery is not prohibited by law. The Consultant Companyshall further indemnify the Company and/or Client against all reasonablecosts, expenses and any penalty, fine or interest incurred or payable by theCompany and/or Client in connection with or in consequence of any suchliability, deduction, contribution, assessment or claim other than where thelatter arise out of the negligence or wilful default of the Company and/orClient; and(b) any liability arising from any employment-related claim or any claim basedon worker status (including reasonable costs and expenses) brought by theIndividual or any Substitute against the Company and/or Client arising outof or in connection with the provision of the Services.5.3 The Company may at its option satisfy such indemnity (in whole or in part) by way ofdeduction from any payments due to the Consultant Company.5.4 The Consultant Company warrants that it is not nor will it prior to the cessation ofthis agreement, become a managed service company, within the meaning of section61B of the Income Tax (Earnings and Pensions) Act 2003.6. CONSULTANT COMPANY'S OBLIGATIONS6.1 The Consultant Company is not obliged to accept any Assignment offered by theCompany. If the Consultant Company does accept an Assignment, the ConsultantCompany shall:(a) co-operate with the Client's reasonable instructions and accept the direction,supervision and control of any responsible person in the Client'sorganisation;(b) observe any relevant rules and regulations of the Client's organisation(including normal hours of work) of which the Consultant Company hasbeen informed or of which the Consultant Company should be reasonablyaware;(c) co-operate with the Company in the completion and renewal of allmandatory checks;(d) where the Assignment involves working with any Vulnerable Persons,provide the Company with copies of any relevant qualifications orauthorisations including an up-to-date Disclosure and Barring Servicewww.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NEcertificate and two references which are from persons who are not related tothe Consultant Company;(e) take all reasonable steps to safeguard their own health and safety and that ofany other person who may be present or be affected by their actions on theAssignment and comply with the health and safety policies of the Client;(f) not engage in any conduct detrimental to the interests of the Company or theClient;(g) comply with all relevant statutes, laws, regulations and codes of practicefrom time to time in force in the performance of the Assignment andapplicable to the Client's business, including without limitation, any equalopportunities or non-harassment policies.6.2 If, either before or during the course of an Assignment, the Consultant Companybecomes aware of any reason why they may not be suitable for an Assignment, theyshall notify the Company without delay.6.3 The Consultant Company warrants to the Company and the Client that its Staff andany substitutes or sub contractors will carry out the Assignment with reasonable skilland care and as far as possible in accordance with the terms of this Agreement andany other timetables or other targets agreed.6.4 The Consultant Company warrants to the Company and the Client that it’s Staff andany substitutes or sub contractors will have no contractual relationship with theCompany and/or the Client.6.5 The Consultant Company shall be responsible for making sure that that it, its staff andany substitutes or sub contractors comply with all immigration, tax and employmentlaws that are applicable.7. INSURANCE AND LIABILITY7.1 The Consultant Company shall have liability for and shall indemnify the Companyfor any loss, liability, costs (including reasonable legal costs), damages or expensesarising from any breach by the Consultant Company or the Individual or a Substituteengaged by the Consultant Company of the terms of this agreement including anynegligent or reckless act, omission or default in the provision of the Services and shallaccordingly maintain in force during the Engagement full and comprehensiveInsurance Policies.7.2 The Consultant Company shall ensure that the Insurance Policies are taken out withreputable insurers acceptable to the Company and that the level of cover and otherterms of insurance are acceptable to and agreed by the Company.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE7.3 The Consultant Company shall on request supply to the Company copies of theInsurance Policies and evidence that the relevant premiums have been paid.7.4 The Consultant Company shall notify the insurers of the interest of the Company andshall cause the interest to be noted on the Insurance Policies together with a provisionto the effect that, if any claim is brought or made by the Company against theConsultant Company in respect of which the Consultant Company would be entitledto receive indemnity under any of the Insurance Policies, the relevant insurer willindemnify the Company directly against such claim and any charges, costs andexpenses in respect of such claim. If the relevant insurer does not so indemnify theCompany, the Consultant Company shall use all insurance monies received by it toindemnify the Company in respect of any claim and shall make good any deficiencyfrom its own resources.7.5 The Consultant Company shall comply (and shall procure that the Individualcomplies) with all terms and conditions of the Insurance Policies at all times. If coverunder the Insurance Policies shall lapse or not be renewed or be changed in anymaterial way or if the Consultant Company is aware of any reason why the coverunder the Insurance Policies may lapse or not be renewed or be changed in anymaterial way, the Consultant Company shall notify the Company without delay.8. REMUNERATION AND FEES8.1 The Company will invoice the Client on behalf of the Consultant Company andcollect all payments for work completed by the Consultant Company8.2 In the event that the Consultant Company is not VAT registered, the Company willnot charge VAT on the invoice to the Client.8.3 The Client will charge VAT to the Consultant Company for their fees if applicable.8.4 The Company will charge the Consultant Company a fee which is inclusive of theamount stated in the schedule contract rate, for collection of payment and submissionof invoices.8.5 Subject to any applicable statutory entitlement and to clause 8 and clause 9, theConsultant Company is not entitled to receive payment from the Company or theClient for time not spent working on the Assignment, whether in respect of holidays,illness or absence for any other reason, unless otherwise agreed.8.6 Where payment is withheld or delayed by the Client, the Consultant Company will bepaid once payment has been released.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE8.7 The Consultant Company agrees that if payment is not forthcoming from the Client,the Company is not liable to reimburse the Consultant Company before payment hasbeen received from the Client.9. TIME SHEETS AND INVOICES9.1 The Consultant Company will provide timesheets to the Company detailing hoursworked. The time sheet should be signed off by the Client in order for it to beprocessed.9.2 Subject to clause 9.3, the Company shall pay the Consultant Company for all hoursworked so long as the Company has received payment from the Client for thosehours.9.3 Where the Consultant Company fails to submit a properly authorised time sheet, anypayment due to the Consultant Company may be delayed while the Companyinvestigates (in a timely fashion) what hours, if any, were worked by the ConsultantCompany. The Company shall make no payment to the Consultant Company forhours not worked.9.4 Only Timesheets approved by the Client will be paid to the Consultant Company.Any discrepancy will be investigated and only paid once the Client agrees with theTime sheet.9.5 Invoices shall be submitted to the Company for payment along with the Timesheet.9.6 The Consultant Company acknowledges and accepts that it could be a criminaloffence under the Fraud Act 2006 to falsify any time sheet, for example by claimingpayment for hours that were not actually worked.10. TERMINATION10.1 The Consultant Company acknowledges that the continuation of an Assignment issubject to and dependent on the continuation of the agreement entered into betweenthe Company and the Client. If that agreement is terminated for any reason, theAssignment shall cease with immediate effect without liability to the ConsultantCompany, except for payment for work done up to the date of termination of theAssignment.10.2 The Company may at any time with one week’s notice instruct the ConsultantCompany to cease work on the Assignment, or at any time without notice and withoutliability require the Consultant Company to cease work on the Assignment, where:www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE8.2.1. The Consultant Company (or its substitutes and sub contractors) has committedany serious or persistent breach of any of its obligations under this Agreement;8.2.2. The Client reasonably believes that the Consultant Company (or its substitutesand sub contractors) has not observed any condition of confidentialityapplicable to the Consultant Company from time to time; or8.2.3. The Consultant Company (or its substitutes and sub contractors) proves, in thereasonable opinion of the Client, unsatisfactory to the Client including whileperforming the Assignment acting in breach of any statutory obligations oracting in breach of such procedures of the Client as the Client notifies theConsultant Company and/or its Staff that it is essential that the ConsultantCompany and its Staff comply with to properly perform the Assignment;8.2.4. If performance of the Assignment is prevented by the incapacity of the Staff andthe Consultant Company is unable to provide a replacement member of Staff ora suitable substitute or sub contractor.8.2.5. The Consultant Company becomes insolvent, dissolved or subject to a windingup petition;8.2.6. Any member of the Consultant Company (or its substitutes and sub contractors)is guilty of any fraud, dishonesty or serious misconduct.8.3. The Consultant Company acknowledges that the continuation of the ConsultantCompany Services is subject to and conditional upon the continuation of the contractentered into between the Company and the Client. In the event that the contractbetween the Company and the Client is terminated for any reason the Assignmentshall cease with immediate effect without liability to the Consultant Company.8.4. Upon completion or termination of the Consultant Company Services neither theCompany nor the Client shall be under any obligation to offer the ConsultantCompany further work, nor shall the Consultant Company be under any obligation toaccept any offer of work made by the Company or the Client.11. INTELLECTUAL PROPERTY RIGHTSThe Consultant Company acknowledges that all Intellectual Property Rights derivingfrom services carried out by the Consultant Company for the Client during theAssignment shall belong to the Client. Accordingly, the Consultant Company shallexecute all such documents and do all such acts as the Client shall from time to timerequire in order to give effect to the Client's rights pursuant to this clause.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE12. CONFIDENTIALITY12.1 In order to protect the confidentiality and trade secrets of the Company and theClient, the Consultant Company agrees not at any time:(a) whether during or after an Assignment (unless expressly so authorised bythe Client or the Company as a necessary part of the performance of theirduties), to disclose to any person or to make use of any of the trade secretsor the Confidential Information of the Client or the Company; or(b) to make any copy, abstract or summary of the whole or any part of anydocument or other material belonging to the Client or the Company exceptwhen required to do so in the course of the Consultant Company's dutiesunder an Assignment, in which circumstances such copy abstract orsummary would belong to the Client or the Company, as appropriate.12.2 The restriction in clause 12.1 does not apply to:(a) any use or disclosure authorised by the Client or the Company or asrequired by law;(b) any information which is already in, or comes into, the public domainotherwise than through the Consultant Company's unauthorised disclosure;or(c) the making of a protected disclosure within the meaning of section 43A ofthe Employment Rights Act 1996.12.3 At the end of each Assignment or on request the Consultant Company agrees todeliver up to the Client or the Company (as directed) all documents (includingcopies), ID cards, swipe cards, equipment, passwords, pass codes and other materialsbelonging to the Client which are in its possession, including any data produced,maintained or stored on the Client's computer systems or other electronic equipment.13. WARRANTIES AND INDEMNITIES13.1 The Consultant Company warrants that:(a) the information supplied to the Company in any application documents iscorrect;(b) the Consultant Company has the experience, training, qualifications and anyauthorisation which the Client considers are necessary or which are requiredby law or by any professional body for the Consultant Company to possessin order to perform the Assignment;(c) the Consultant Company shall not seek to contact the Client for futureAssignments directly and shall not directly or indirectly seek to contact theClient or its employees, staff or agents for any reason other than those dutiesoutlined in the Assignment.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE(d) the Consultant Company is not prevented by any other agreement,arrangement, restriction or any other reason, from fulfilling the ConsultantCompany's obligations under this agreement; and13.2 The Consultant Company shall indemnify and keep indemnified the Company and theClient against all Demands (including legal and other professional fees and expenses)which the Company or the Client may suffer, sustain, incur, pay or be put to arisingfrom or in connection with:(a) any failure by the Consultant Company to comply with its obligations underthis agreement;(b) any negligent or fraudulent act or omission by the Consultant Company;(c) the disclosure by the Consultant Company of any Confidential Information;(d) the infringement by the Consultant Company of the Client's IntellectualProperty Rights.14. ENTIRE AGREEMENT14.1 This agreement constitutes the entire agreement between the parties and supersedesand extinguishes all previous drafts, agreements, arrangements and understandingsbetween them, whether written or oral, relating to its subject matter.14.2 Each party agrees that it shall have no remedies in respect of any representation orwarranty (whether made innocently or negligently) that is not set out in thisagreement. Each party agrees that its only liability in respect of those representationsand warranties that are set out in this agreement (whether made innocently ornegligently) shall be for breach of contract.14.3 No variation of this agreement shall be effective unless it is in writing and signed byeach of the parties (or their authorised representatives). A written copy of the variedterms, including the date from which they take effect, shall be given to the ConsultantCompany no later than the fifth Business Day following the day on which thevariation was agreed.15. SEVERANCE15.1 If any court or competent authority finds that any provision of this agreement (or partof any provision) is invalid, illegal or unenforceable, that provision or part-provisionshall, to the extent required, be deemed to be deleted, and the validity andenforceability of the other provisions of this agreement shall not be affected.www.myskilledteam.comTel:0845 544 1692 Fax: 0845 544 1694[email protected]206 Turners Hill Road, Cheshunt,Herts, EN8 9NE15.2 If any invalid, unenforceable or illegal provision of this agreement would be valid,enforceable and legal if some part of it were deleted, the provision shall apply withthe minimum modification necessary to make it legal, valid and enforceable.16. GOVERNING LAW AND JURISDICTION16.1 This agreement and any dispute or claim arising out of or in connection with it or itssubject matter or formation (including non-contractual disputes or claims) shall begoverned by and construed in accordance with the law of England and Wales.16.2 The parties irrevocably agree that the courts of England and Wales shall haveexclusive jurisdiction to settle any dispute or claim that arises out of or in connectionwith this agreement or its subject matter or formation (including non-contractualdisputes or claims).This agreement has been entered into on the date stated at the beginning of it.-----------------------------------------------------------------------------------------------------------------Signed by [NAME OF DIRECTOR]for and on behalf of My Skilled Team.......................................
the initial agreement from 2012 - how long was that supposed to run for?
for 12 mounths
I am not sure what legal action they are threatening to take. You had an original agreement from last year that was due to run for a year. It is due to expire any time now. You cannot be forced to sign an extension and would only do this if you were happy to agree to it. So they cannot force you to sign a contract now which runs from the renewal date and continues for another year. If they wanted to include a contract update for the current contract, again they cannot force that on you and can only change the terms with your consent, unless there was a specific clause allowing them to make these changes. In any event, the contract update should run from the date the changes were introduced and run until the duration of the current contract, which would be until 12 Aug 2013. So they cannot introduce these changes to start from 12 Aug as that would create a whole new contract to replace the existing one which would have expired by then
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?