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Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44926
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, my name isXXXXX am a romanian citizen and I work

Customer Question

Hello,
my name isXXXXX am a romanian citizen and I work as a registered nurse in England.
I am working as a self employed.I came in England one year ago,with an agency. At that time a signet a contract that was starting on 21'st august 2012. This contract is on going.
The problem is...I dont want to work with the agency enymore,but they send me a new contract with the starting date of 21-08-2013,and also with more money per hour and they say,that is not a extension of the contract, only a contract update.
I refused to sign,and they say that,they will take legal actions.
Can you please advice me,what to do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

JACUSTOMER-0ozk0sgp- :

Hello Ben! Can i send you my contract?

Ben Jones :

you can attach it here if you can

JACUSTOMER-0ozk0sgp- :

The agency tray to force me to sign the new contract and they are threatening me

JACUSTOMER-0ozk0sgp- :

www.myskilledteam.com
Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
SCHEDULE
21st August 2013
Name:Roxy Enterprises Ltd (Roxana Bucur)
Services Required: Healthcare
Contract Rate £10.50p/h
Service Site: Acacia House,Ashford Road,St Michaels,Tenterden,TN30 6QA
Invoice Period: Monthly
Contract Start Date: 21st August 2013
This contract offer is subject to Police Clearances and two references from
previous employers or contracts. As part of this offer you will be required to
make sure that we receive a monthly timesheet signed and your invoice failure to
send 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 monthly
along with your invoice.
If you will service the contract using substitutes or employees you will be
responsible for making sure they meet all immigration and tax laws.
Please note that as a matter of quality we ask that you remain professional and
conduct yourself in a professional manner. You will be required to follow and
beware of all health and safety procedures that are in place at or required to be
placed.
You agree that you have enough funds available to manage your team
and yourself and can pay upfront for any accommodation\travel\food or
any other expenses prior to the start of any assignment.
The contract start date may be delayed if we are waiting a CRB and POVA for
you.
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 first
working day after the non working day.
www.myskilledteam.com
Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
21ST AUGUST 2013------------
CONTRACT FOR SERVICES
between
MY SKILLED TEAM
and
ROXY ENTERPRISES LTD (ROXANA BUCUR)[CONSULTANT COMPANY]
www.myskilledteam.com
Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
THIS AGREEMENT is dated 21st August 2013
PARTIES
(1) My Skilled Team of 206 Turners Hill Road, Cheshunt, Herts EN8 9NE (Company).
(2) Roxy Enterprises Ltd (Roxana Bucur)of 18 Billington
GroveWillesboroughAsfordKentTN24 0FY(Consultant Company).
AGREED TERMS
1. INTERPRETATION
1.1 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 particular
Assignment to be given to the Consultant Company on acceptance of that
Assignment, attached at the Schedule
Business Day: a day other than a Saturday, Sunday or public holiday when banks in
London 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 may
be) to whom the Consultant Company is Introduced or supplied.
Confidential Information: information in whatever form (including without
limitation, in written, oral, visual or electronic form or on any magnetic or optical
disk 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 the
Client, the Company and trade secrets including, without limitation, technical data
and know-how relating to the business of the Client or the or any of its suppliers,
customers, agents, distributors, shareholders, management or business contacts and
including (but not limited to) information that the Consultant Company creates,
develops, receives or obtains in connection with the Assignment, whether or not such
information (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 indirectly
through any Company other than through the Company (whether for a definite or
indefinite period) of a Consultant Company as a direct result of any Introduction or
Assignment 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 a
curriculum vitae or in such format as the Client may from time to time require which
www.myskilledteam.com
Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
identifies the Consultant Company and Introduction and Introduced shall be
construed accordingly.
Introduction Fee: a fee payable by the Client to the Company in the circumstances
set out in clause 4.
Rate of Pay: the rate will be paid for each hour worked during an Assignment (to the
nearest quarter hour) weekly in arrears, subject to any deductions that the Company is
required to make by law and to any deductions which the Consultant Company has
specifically agreed can be made.
Relevant Period: shall have the meaning set out in regulation 10(5) and (6) of the
Conduct 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 to
the Client
1.2 Clause, schedule and paragraph headings shall not affect the interpretation of this
agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not
having separate legal personality) [and that person's legal and personal
representatives, successors and permitted assigns].
1.4 The schedule(s) form part of this agreement and shall have effect as if set out in full
in the body of this agreement and any reference to this agreement includes the
schedule(s).
1.5 A reference to a company shall include any company, corporation or other body
corporate, wherever and however incorporated or established.
1.6 Unless the context otherwise requires, words in the singular shall include the plural
and words in the plural shall include the singular.
1.7 Unless the context otherwise requires, a reference to one gender shall include a
reference to the other gender.
1.8 A reference to a statute or statutory provision is a reference to it as it is in force for
the time being, taking account of any amendment, extension, or re-enactment and
includes 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 where
expressly stated to the contrary].
www.myskilledteam.com
Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
1.10 Any words following the terms including, include, in particular or any similar
expression shall be construed as illustrative and shall not limit the sense of the words,
description, definition, phrase or term preceding those terms.
BACKGROUND
The Company provides a service for businesses to buy and sell services to each other and
provides a platform for agents to acquire work with end-clients.
The Company shall act on behalf of the Consultant Company providing access to Clients for
the Consultant Company. The Company shall act as an agent for the Consultant Company
providing details of Assignments as well as invoicing on their behalf.
2. THE AGREEMENT
2.1 These terms set out the entire agreement between the Company and the Consultant
Company.
2.2 These terms shall govern all Assignments undertaken by the Consultant Company
(including, for the avoidance of doubt, where the Consultant Company undertakes an
Assignment without having signed these terms). No contract shall exist between the
Company and the Consultant Company between Assignments.
2.3 For the avoidance of doubt, this agreement does not constitute a contract of
employment between the Company and the Consultant Company or the Consultant
Company and the Client.
2.4 For the purposes of the Conduct Regulations 2003, the Company acts as an Company
in relation to the Introduction and supply of the Consultant Company to the Client.
3. ASSIGNMENTS
3.1 The Company will work on behalf of the Consultant Company providing leads to
suitable Assignments. The Company will introduce the Consultant Company to the
Client with the view of the Consultant Company rendering their services to the Client
for the Assignment.
3.2 On acceptance of the Assignment, the Consultant Company shall assign any one (or
number, 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 or
substitute Staff in the performance of the Consultant Company Services or may, subcontract
all or part of the Consultant Company Services, provided that the Consultant
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206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
Company provides details, whenever practicable, of the proposed substitute or sub
contractor, ahead of the planned substitution and subject to the My Skilled Team and
the Client being reasonably satisfied that such additional Staff or any such subcontractor
has the required skills, qualifications, resources and personnel to provide
the 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 collect
payment 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 the
Consultant Company, the Company shall provide the Consultant Company with the
following 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 duration
of the Assignment;
(c) the position which the Client seeks to fill, including the type of work the
Consultant Company in that position would be required to do, the location
at which, and the hours during which, the Consultant Company would be
required 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 the
Assignment and the steps the Client has taken to prevent or control such
risks; and
(f) the experience, training, qualifications and any authorisation which the
Client considers are necessary or which are required by law or a
professional body for the Consultant Company to possess in order to work
in the Assignment.
3.7 Where the required assignment information is not given in paper form or by
electronic means, the Company shall confirm it in writing or electronically as soon as
possible and in any event no later than the end of the third Business Day following
the 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 where
the Consultant Company is being Introduced or supplied to the Client to work in the
same position as one in which the Consultant Company has previously been supplied
within the previous five Business Days and the required assignment information (with
the exception of the date or likely duration of the Assignment) is the same as that
already given to the Consultant Company.
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Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
3.9 The Consultant Company shall not be required to provide any advice and assistance
in addition to the Assignment and any requests to provide such additional advice and
assistance shall be subject to the prior approval of the Consultant Company and
agreement between the Consultant Company and the Client as to the level of fees
payable for such additional advice and assistance. In the event that such additional
advice and assistance is agreed, the Consultant Company must notify the Company of
the terms upon which such services will be provided including details of any new fee
arrangements in order that the fee arrangement between the Consultant Company and
the Company may be adjusted accordingly.
4. RELATIONSHIP BETWEEN COMPANY AND CONSULTANT COMPANY
4.1 The Consultant Company acknowledges to the Company that there is no intention on
the part of the Consultant Company, its staff, substitutes or sub contractors or the
Company or Client to create an employment relationship between any of those parties
and that the responsibility of complying with all statutory and legal requirements
relating to the Staff of the Consultant Company (including but not limited to the
payment of taxation, maternity payments and statutory sick pay) shall fall upon and
be discharged wholly and exclusively by the Consultant Company. In the event that
any person should seek to establish any liability or obligation upon the Company
and/or the Client on the grounds that the staff are an employee of the Company and/or
the Client, the Consultant Company shall upon demand indemnify the Company
and/or the Client and keep them indemnified in respect of any such liability or
obligation and any related costs expenses or other losses which the Company and/or
the Client shall incur.
4.2 The Consultant Company shall be responsible for all obligations arising under or in
connection 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 and
the Consultant Company is under no obligation to accept any work that may be
offered by the Company. Neither party wishes to create or imply any mutuality of
obligation between themselves either in the course of, or between, any performances
of the Assignment under the Agreement
5. STATUS
5.1 The relationship of the Consultant Company (and any of its staff, employees or
agents, if applicable) to the Company and/or Client will be that of independent
contractor 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 the
Company and/or Client and the Consultant Company shall not hold himself out as
such and shall procure that the Individual shall not hold himself out as such.
www.myskilledteam.com
Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
5.2 This agreement constitutes a contract for the provision of services and not a contract
of employment and accordingly the Consultant Company shall be fully responsible
for and shall indemnify the Company and/or Client for and in respect of:
(a) any income tax, National Insurance and social security contributions and
any other liability, deduction, contribution, assessment or claim arising from
or made in connection with either the performance of the Services or any
payment or benefit received by the Individual in respect of the services,
where such recovery is not prohibited by law. The Consultant Company
shall further indemnify the Company and/or Client against all reasonable
costs, expenses and any penalty, fine or interest incurred or payable by the
Company and/or Client in connection with or in consequence of any such
liability, deduction, contribution, assessment or claim other than where the
latter arise out of the negligence or wilful default of the Company and/or
Client; and
(b) any liability arising from any employment-related claim or any claim based
on worker status (including reasonable costs and expenses) brought by the
Individual or any Substitute against the Company and/or Client arising out
of 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 of
deduction 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 of
this agreement, become a managed service company, within the meaning of section
61B of the Income Tax (Earnings and Pensions) Act 2003.
6. CONSULTANT COMPANY'S OBLIGATIONS
6.1 The Consultant Company is not obliged to accept any Assignment offered by the
Company. If the Consultant Company does accept an Assignment, the Consultant
Company shall:
(a) co-operate with the Client's reasonable instructions and accept the direction,
supervision and control of any responsible person in the Client's
organisation;
(b) observe any relevant rules and regulations of the Client's organisation
(including normal hours of work) of which the Consultant Company has
been informed or of which the Consultant Company should be reasonably
aware;
(c) co-operate with the Company in the completion and renewal of all
mandatory checks;
(d) where the Assignment involves working with any Vulnerable Persons,
provide the Company with copies of any relevant qualifications or
authorisations including an up-to-date Disclosure and Barring Service
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206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
certificate and two references which are from persons who are not related to
the Consultant Company;
(e) take all reasonable steps to safeguard their own health and safety and that of
any other person who may be present or be affected by their actions on the
Assignment 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 the
Client;
(g) comply with all relevant statutes, laws, regulations and codes of practice
from time to time in force in the performance of the Assignment and
applicable to the Client's business, including without limitation, any equal
opportunities or non-harassment policies.
6.2 If, either before or during the course of an Assignment, the Consultant Company
becomes aware of any reason why they may not be suitable for an Assignment, they
shall notify the Company without delay.
6.3 The Consultant Company warrants to the Company and the Client that its Staff and
any substitutes or sub contractors will carry out the Assignment with reasonable skill
and care and as far as possible in accordance with the terms of this Agreement and
any other timetables or other targets agreed.
6.4 The Consultant Company warrants to the Company and the Client that it’s Staff and
any substitutes or sub contractors will have no contractual relationship with the
Company and/or the Client.
6.5 The Consultant Company shall be responsible for making sure that that it, its staff and
any substitutes or sub contractors comply with all immigration, tax and employment
laws that are applicable.
7. INSURANCE AND LIABILITY
7.1 The Consultant Company shall have liability for and shall indemnify the Company
for any loss, liability, costs (including reasonable legal costs), damages or expenses
arising from any breach by the Consultant Company or the Individual or a Substitute
engaged by the Consultant Company of the terms of this agreement including any
negligent or reckless act, omission or default in the provision of the Services and shall
accordingly maintain in force during the Engagement full and comprehensive
Insurance Policies.
7.2 The Consultant Company shall ensure that the Insurance Policies are taken out with
reputable insurers acceptable to the Company and that the level of cover and other
terms of insurance are acceptable to and agreed by the Company.
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[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
7.3 The Consultant Company shall on request supply to the Company copies of the
Insurance 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 and
shall cause the interest to be noted on the Insurance Policies together with a provision
to the effect that, if any claim is brought or made by the Company against the
Consultant Company in respect of which the Consultant Company would be entitled
to receive indemnity under any of the Insurance Policies, the relevant insurer will
indemnify the Company directly against such claim and any charges, costs and
expenses in respect of such claim. If the relevant insurer does not so indemnify the
Company, the Consultant Company shall use all insurance monies received by it to
indemnify the Company in respect of any claim and shall make good any deficiency
from its own resources.
7.5 The Consultant Company shall comply (and shall procure that the Individual
complies) with all terms and conditions of the Insurance Policies at all times. If cover
under the Insurance Policies shall lapse or not be renewed or be changed in any
material way or if the Consultant Company is aware of any reason why the cover
under the Insurance Policies may lapse or not be renewed or be changed in any
material way, the Consultant Company shall notify the Company without delay.
8. REMUNERATION AND FEES
8.1 The Company will invoice the Client on behalf of the Consultant Company and
collect all payments for work completed by the Consultant Company
8.2 In the event that the Consultant Company is not VAT registered, the Company will
not 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 the
amount stated in the schedule contract rate, for collection of payment and submission
of invoices.
8.5 Subject to any applicable statutory entitlement and to clause 8 and clause 9, the
Consultant Company is not entitled to receive payment from the Company or the
Client 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 be
paid once payment has been released.
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Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
8.7 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 has
been received from the Client.
9. TIME SHEETS AND INVOICES
9.1 The Consultant Company will provide timesheets to the Company detailing hours
worked. The time sheet should be signed off by the Client in order for it to be
processed.
9.2 Subject to clause 9.3, the Company shall pay the Consultant Company for all hours
worked so long as the Company has received payment from the Client for those
hours.
9.3 Where the Consultant Company fails to submit a properly authorised time sheet, any
payment due to the Consultant Company may be delayed while the Company
investigates (in a timely fashion) what hours, if any, were worked by the Consultant
Company. The Company shall make no payment to the Consultant Company for
hours 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 the
Time 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 criminal
offence under the Fraud Act 2006 to falsify any time sheet, for example by claiming
payment for hours that were not actually worked.
10. TERMINATION
10.1 The Consultant Company acknowledges that the continuation of an Assignment is
subject to and dependent on the continuation of the agreement entered into between
the Company and the Client. If that agreement is terminated for any reason, the
Assignment shall cease with immediate effect without liability to the Consultant
Company, except for payment for work done up to the date of termination of the
Assignment.
10.2 The Company may at any time with one week’s notice instruct the Consultant
Company to cease work on the Assignment, or at any time without notice and without
liability require the Consultant Company to cease work on the Assignment, where:
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8.2.1. The Consultant Company (or its substitutes and sub contractors) has committed
any 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 substitutes
and sub contractors) has not observed any condition of confidentiality
applicable to the Consultant Company from time to time; or
8.2.3. The Consultant Company (or its substitutes and sub contractors) proves, in the
reasonable opinion of the Client, unsatisfactory to the Client including while
performing the Assignment acting in breach of any statutory obligations or
acting in breach of such procedures of the Client as the Client notifies the
Consultant Company and/or its Staff that it is essential that the Consultant
Company 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 and
the Consultant Company is unable to provide a replacement member of Staff or
a suitable substitute or sub contractor.
8.2.5. The Consultant Company becomes insolvent, dissolved or subject to a winding
up 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 Consultant
Company Services is subject to and conditional upon the continuation of the contract
entered into between the Company and the Client. In the event that the contract
between the Company and the Client is terminated for any reason the Assignment
shall cease with immediate effect without liability to the Consultant Company.
8.4. Upon completion or termination of the Consultant Company Services neither the
Company nor the Client shall be under any obligation to offer the Consultant
Company further work, nor shall the Consultant Company be under any obligation to
accept any offer of work made by the Company or the Client.
11. INTELLECTUAL PROPERTY RIGHTS
The Consultant Company acknowledges that all Intellectual Property Rights deriving
from services carried out by the Consultant Company for the Client during the
Assignment shall belong to the Client. Accordingly, the Consultant Company shall
execute all such documents and do all such acts as the Client shall from time to time
require in order to give effect to the Client's rights pursuant to this clause.
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12. CONFIDENTIALITY
12.1 In order to protect the confidentiality and trade secrets of the Company and the
Client, the Consultant Company agrees not at any time:
(a) whether during or after an Assignment (unless expressly so authorised by
the Client or the Company as a necessary part of the performance of their
duties), to disclose to any person or to make use of any of the trade secrets
or 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 any
document or other material belonging to the Client or the Company except
when required to do so in the course of the Consultant Company's duties
under an Assignment, in which circumstances such copy abstract or
summary 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 as
required by law;
(b) any information which is already in, or comes into, the public domain
otherwise than through the Consultant Company's unauthorised disclosure;
or
(c) the making of a protected disclosure within the meaning of section 43A of
the Employment Rights Act 1996.
12.3 At the end of each Assignment or on request the Consultant Company agrees to
deliver up to the Client or the Company (as directed) all documents (including
copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials
belonging 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 INDEMNITIES
13.1 The Consultant Company warrants that:
(a) the information supplied to the Company in any application documents is
correct;
(b) the Consultant Company has the experience, training, qualifications and any
authorisation which the Client considers are necessary or which are required
by law or by any professional body for the Consultant Company to possess
in order to perform the Assignment;
(c) the Consultant Company shall not seek to contact the Client for future
Assignments directly and shall not directly or indirectly seek to contact the
Client or its employees, staff or agents for any reason other than those duties
outlined in the Assignment.
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(d) the Consultant Company is not prevented by any other agreement,
arrangement, restriction or any other reason, from fulfilling the Consultant
Company's obligations under this agreement; and
13.2 The Consultant Company shall indemnify and keep indemnified the Company and the
Client 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 arising
from or in connection with:
(a) any failure by the Consultant Company to comply with its obligations under
this 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 Intellectual
Property Rights.
14. ENTIRE AGREEMENT
14.1 This agreement constitutes the entire agreement between the parties and supersedes
and extinguishes all previous drafts, agreements, arrangements and understandings
between 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 or
warranty (whether made innocently or negligently) that is not set out in this
agreement. Each party agrees that its only liability in respect of those representations
and warranties that are set out in this agreement (whether made innocently or
negligently) shall be for breach of contract.
14.3 No variation of this agreement shall be effective unless it is in writing and signed by
each of the parties (or their authorised representatives). A written copy of the varied
terms, including the date from which they take effect, shall be given to the Consultant
Company no later than the fifth Business Day following the day on which the
variation was agreed.
15. SEVERANCE
15.1 If any court or competent authority finds that any provision of this agreement (or part
of any provision) is invalid, illegal or unenforceable, that provision or part-provision
shall, to the extent required, be deemed to be deleted, and the validity and
enforceability of the other provisions of this agreement shall not be affected.
www.myskilledteam.com
Tel:0845 544 1692 Fax: 0845 544 1694
[email protected]
206 Turners Hill Road, Cheshunt,Herts, EN8 9NE
15.2 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 with
the minimum modification necessary to make it legal, valid and enforceable.
16. GOVERNING LAW AND JURISDICTION
16.1 This agreement and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) shall be
governed 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 have
exclusive jurisdiction to settle any dispute or claim that arises out of or in connection
with this agreement or its subject matter or formation (including non-contractual
disputes 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

.......................................

Ben Jones :

the initial agreement from 2012 - how long was that supposed to run for?

JACUSTOMER-0ozk0sgp- :

for 12 mounths

Ben Jones :

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

Ben Jones :

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?

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