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General Terms & Conditions Temporary Worker

 

Contents

  1. Application
  2. Definitions
  3. Assignment Agreement
  4. Confirmation of Assignment
  5. Work environment
  6. Invoice
  7. Pay
  8. Complaints
  9. Responsibilities
  10. Insurance
  11. Intellectual Property Rights
  12. Personal Data
  13. Confidentiality
  14. Variations
  15. Severability
  16. Cumulative remedies
  17. Applicable law
  18. Entire agreement
  19. Scope of agreement
  20. Correspondence
  21. Miscellaneous

 

 

 

 

1.       Application

These General Terms and Conditions together with any documents referred to herein regulate the agreement between the Temporary Worker and Cool Company Freelance UK Limited (hereafter ”CC”) for the supply of services to the Client and shall govern all Assignments undertaken by the Temporary Worker. This agreement constitutes a contract for service and not a contract of employment. To work as a Temporary Worker you must be 18 years or older. Temporary Worker must have the right to undertake work in the UK and shall have the required experience, qualifications and authorisations for the assignments he or she undertakes. By agreeing to these Terms and Conditions you confirm that you are 18 years or older.

 

2.     Definitioner

Temporary Worker, is an individual entering a temporary worker agreement or work agreement through a limited company with CC.

Client, is a company wanting to use the services of CC to manage their external workforce or the recipient of work executed by the Temporary Worker. Work will be executed through a so called Assignment by the Temporary Worker.

Cooperation Agreement, is the framework agreement between the Client and CC for cooperation.

Assignment Agreement, is signed between the Client and CC to detail the scope of the Assignment.

Temporary Workers Agreement, the agreement between CC and a Temporary Worker.

Assignment, is the work to be performed by the Temporary Worker with the Client as the recipient. The Temporary Worker will price the Assignment.

Result, all material, physical or otherwise, that the Temporary Worker has produced during the Assignment.

Administrative Work, concerns work performed by CC for the Temporary Worker as below.

– Invoicing

– Payroll administration

– Administration and payment of taxes and certain fees

– Data controlling

– Provision of employer’s certificate

– CC provides applicable insurances

 

3.       Assignment Agreement

The Temporary Worker is engaged as a temporary worker during the time period of the Assignment, in time segments of 30 days at a time. The contractual party is CC. The prerequisite to be a temporary worker and work on Assignments is to register and create an account on coolcompany.com. To register an account, the Temporary Worker must accept the General Terms and Conditions, Temporary Workers Agreement, understand what it means to be a Temporary Worker, and be informed about how CC process personal data. Finally, this agreement is conditioned on the basis that CC takes on Assignments that the Temporary Worker will undertake.

The Temporary Worker shall complete the Assignment in accordance with its scope and these Terms and Conditions.

CC has the right, but no obligation, to undertake Assignments. CC thus has the right to deny engagement of the Temporary Worker without declaring any reason for doing so. CC never undertakes Assignments that are not within the remit of CC’s insurances. CC cannot undertake Assignments that requires certain certificates or that constitutes a high risk of injury for the Temporary Worker. Before Assignments of such nature which requires particular certification or similar, the Temporary Worker shall provide CC with the required documentation. CC is in all instances the contractual party with the Client concerning Assignments.

The Temporary Worker undertakes that he or she should at all times adhere to CC’s applicable policies and procedures from time to time, (including but not limited to notification of sickness and leave.

The Temporary Worker has the right to undertake parallel Assignments as long as these do not create a conflict of interest.

The Temporary Worker shall immediately notify CC in writing of any changes to an Assignment.

If the Temporary Worker has previously worked for the Client it undertakes to inform CC of the relevant time and role of such work.

The Temporary Worker warrants that: (i) the information supplied to CC is correct; (ii) he/she is not prevented from fulfilling the obligations under this agreement; (iii) he/she has leave to enter and remain in the UK for the duration of the Assignment.

 

4.    Confirmation of Assignment

The Temporary Worker must have accepted the General Terms and Conditions and the Temporary Workers Agreement in order to be able to take on Assignments. The Temporary Worker undertakes to procure that the Client enters into an Assignment Agreement with CC.

The Temporary Worker shall declare their Assignment and await approval from CC for the Temporary Workers Agreement to be considered active.

When the Temporary Worker provides CC with a potential Assignment for CC to accept, the Temporary Worker agree to, or procure that the Client, provide the following information to CC:

a) the identity of the Client, and if applicable the nature of its business;

b) the commencement date and the duration or likely duration of the Assignment;

c) the position and the type of work it involves;

d) the rate of pay and any expenses payable by or to the Temporary Worker

e) any risks to health and safety known to the Client in relation to the Assignment and which safeguards the Client has put in place to eliminate these risks; and

f) the experience, training, qualification and any authorisation which the Client considers necessary, or are required by law or a professional body, for the Temporary Worker to possess and if the Temporary Worker can ensure that he/she possesses these.

 

5.    Work environment

It is the Client’s responsibility to ensure supervision of the work of the Temporary Worker as well as quality assurance and follow up. The Client shall provide the necessary instructions and information required for a correct execution of the Assignment. It is the responsibility of the Client to provide necessary equipment and workspace for the Temporary Worker.

The Temporary Worker shall prior to the Assignment have knowledge about potential health risks with an Assignment. The purpose of this is for the Temporary Worker to perform the Assignment without risks of injury.

The Temporary Worker shall be treated equally to employees of the Client. Discriminating or otherwise bad treatment shall be reported to CC.

The Temporary Worker cannot undertake an Assignment for which they do not have the necessary certification, authorisation or training.

The Temporary Worker shall not undertake an Assignment requiring access to an area exposing the Temporary Worker to hazards or risk of injury without prior adequate safety instructions from the Client. If the Temporary Worker manages the area then he/she must ensure that required safety measures are in place ensuring prevention of risk of injury.

The Temporary Worker agrees to adhere to any applicable working time regulations in force from time to time.

Vehicles shall be approved to be used in traffic and shall not be used in such a way that it may cause harm. During any Assignments requiring any kind of protective equipment, this must be used. The protective equipment shall be approved for the task at hand, be of an adequate condition and used in the correct way. Protective equipment shall be provided prior to the start of the Assignment. Facilities, machines, tools and other technical equipment used by the Temporary Worker shall be maintained to a good standard.

The Temporary Worker shall report inadequate work environment to uk@coolcompany.com

CC plans, leads and controls its business as far as it is possible in each individual circumstance to ensure the work environment is of adequate standard in accordance with relevant regulations. CC will inform the Temporary Worker about risks through a work environment assessment of the relevant industry prior to the start of an Assignment. Temporary Worker undertake to read the documentation referred to by CC in the welcome pack including its policies in force from time to time.

CC will investigate, either through itself or through the Client, damages in relation to the Assignment and take necessary measures to prevent damages.

CC has a responsibility for adaptation of work and rehabilitation for the Temporary Worker during the Assignment.

CC furthermore has a safety- officer and committee that the Temporary Worker may consult regarding inadequate work environments.

CC shall only be responsible for a work environment if there is a legitimate Assignment Agreement in place.

Several routines for reporting an injury or an act of violence are available on CC’s website.

 

6.     Invoice

Invoices for Assignments will be, at the latest, sent out 30 days after completed Assignments to the Client; therefore invoice specifications must be provided at the latest 10 days after completed Assignments.

 

7.     Pay

7.1   Fee for an Assignment constitutes the base on which the salary of the Temporary Worker is calculated. The Temporary Worker sets the fee of an Assignment. Deductions are made for taxation and fees alongside the administrative fee from CC. The Temporary Worker will set the fee for the Assignment in the process of confirming the Assignment. VAT will be added onto the fee where required.

7.2   The Temporary Worker has the right to expenses, accommodation, travel, allowances and material necessary for the Assignment as agreed with the Client. The Temporary Worker is responsible for purchase of necessary material, which is to be paid for by the Temporary Worker. Original receipts are to be provided to CC and stored with CC. The Temporary Worker is obligated to produce on-going time reports, mileage reports, and allowance reports where applicable. Documentation must be ready for presentation at the request of CC. After approved expenses the Temporary Worker must ensure that these are used strictly in relation to the Assignment and not for private use. CC has the right to decide where the Assignment is taking place.

7.3   If the Temporary Worker’s or CC’s cost of work increase as a result of changes in legislation, union agreements, interest rates or other fees, the Temporary Worker and CC have the right to retrospectively adjust the fee to reflect the change both in terms of the Assignment and administrative fees.

7.4   The Temporary Worker shall, upon request from the Client, provide the Client with timesheets in the form requested by the Client.

 

8.     Complaints

8.1   The Temporary Worker has the responsibility of dealing with complaints in relation to Assignments. If the Client communicates that the work is in any way unsatisfactory by way of execution, then it is the responsibility of the Temporary Worker to, without delay, rectify communicated faults.

8.2   Complaints regarding CC’s performance of administrative duties must be communicated immediately in written form by the Client and/or the Temporary Worker by latest 14 days after conclusion of the relevant administrative duties.

 

9.     Responsibilities

9.1   CC’s responsibility is limited to the remits of its administrative duties concerning the Temporary Worker. CC is not responsible for any damage, directly or indirectly caused as a result of the Temporary Worker’s undertaking of the Assignment for the Client, regardless of the nature of the damage.

9.2   CC assumes that the Temporary Worker, during the Assignment, acts professionally and in accordance with laws and regulations. The Temporary Worker shall furthermore undertake the Assignment to a quality that can reasonably be expected in relation to the scope and nature of the Assignment, taking into consideration the fee and any other circumstances.

9.3   In instances where the Client asks for a correction from CC, CC has the right to either conduct the correction themselves at the cost of the Temporary Worker, or demand that the Temporary Worker makes the correction themselves at their own cost.

9.4   If the fault highlighted by the Client is covered by CC’s liability insurance then CC has the right to decide that the correction and related costs should be covered by this, in which case the potential excess and increased in insurance costs could be passed onto the Temporary Worker.

9.5   The Temporary Worker is responsible for cooperating and provide CC and its insurance company with information during potential insurance investigations and similar processes.

9.6   As the Client is responsible for the Temporary Worker similar to their employees, it is responsible for any loss or damage the Temporary Worker causes the Client or any third party as a result of the Temporary Workers undertaking of the Assignment for the Client. In the second instance this may be covered by CC’s liability insurance or one that may have been taken out by the Temporary Worker.

9.7   CC is not in any instance responsible for indirect damage. Indirect damage can for example be loss of profit, loss, or other damage, inclusive of the Client’s responsibility to pay a third party or loss of information.

9.8   CC’s liability for bodily harm is regulated in accordance with current legislation.

9.9   CC total liability is limited to whichever is lesser of: 1000 GBP  or CC’s received fee for its Administrative Work for the previous 12-month period.

9.10 CC shall not be liable for any damage caused by the Temporary Worker outside the remit of this agreement, including towards any third parties.

9.11 The Temporary Worker undertake to stay informed and follow current legislation in their undertaking of the Assignment, and act honourably to ensure that information communicated about themselves and the Assignment is correct.

9.12 The Temporary Worker shall indemnify and keep indemnified CC and the Client against claims due to: (i) his/her failure to comply with its obligations under this agreement; (ii) his/her negligent or fraudulent act or omission; (iii) his/her employment related claim in connection with an Assignment; (iv) his/her infringement of a Client’s intellectual Property Rights.

 

10.   Insurance

10.1 CC shall provide employers liability insurance together with any other statutorily required insurance, but the Temporary Worker is at all times responsible to evaluate its suitability with regards to the Assignment. CC may provide beneficial personal pension plans through independent providers.

10.2 In some circumstances additional insurances are required and CC may provide such covers subject to the Temporary Worker paying the applicable fee. It is at all times the Temporary Workers responsibility to have adequate insurance in place before the commencement of and Assignment.

 

11.   Intellectual Property Rights

11.1 Subject to any applicable law, all Result produced by the Temporary Worker is owned by CC. CC shall subsequently transfer the ownership of all Result created by the Temporary Worker during the Assignment to the Client. This means that the Client shall eventually own all intellectual property rights in the Result.

11.2 If the Temporary Worker uses their own software or tools when performing the Assignment, then the Client does not attain ownership of those.

11.3 The Client is responsible to ensure that Results are not exposed to infringement of any intellectual property rights as well as ensuring that the Temporary Worker does not illegally use others’ systems.

11.4 CC is at no time responsible for any infringement of intellectual property rights of the Result.

 

12.   Personal DATA

The Temporary Worker may not process the personal data of the Client outside their temporary work with CC. All process of personal data of the Client shall take place through the account on CC’s website. CC has to process certain data in order to engage the Temporary Worker and provide its services. All processing of personal data must be carried out in accordance with applicable law from time to time and on legal ground.

 

13.   Confidentiality

13.1 The Temporary Worker agrees to keep the details of this agreement and other information relating to the Assignment strictly private and confidential.

13.2 The Temporary Worker has no obligation to keep information confidential that:

a) at the time of the confirmation of the Assignment is publically available;

b) is known to a party prior to its disclosure of another party; or;

c) a party is obliged to disclose according to applicable law or other regulation.

13.3 What is stated in clauses 13.1-13.2 will continue after the termination of this agreement.

13.4 The Temporary Worker is bound to confidentiality in accordance with terms and conditions for a Temporary Worker.

13.5 The Temporary Worker confirms and accepts that he/she has been informed about this confidentiality obligation and understands that it concerns strict confidentiality with the Client.

 

14.   Variations

No variation to these Terms and Conditions shall be valid unless it is in writing and signed by an authorised representative of each party.

15.   Severability

If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect, this will not affect the legality, validity or enforceability of any other provisions of these Terms and Conditions and that provision will be deemed deleted.

 

16.   Cumulative remedies

The rights and remedies under these Terms and Conditions are in addition to and, except as otherwise expressly provided in these Terms and Conditions, do not exclude any rights and remedies provided by law, including equitable remedies, or otherwise.

 

17.   Applicable law

Disputes arising out of or in connection to these Terms and Conditions, or the Agreement, will be governed by, and construed in accordance with, the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions or the Agreement.

 

18.   Entire agreement

These Terms and Conditions shall together with any relevant Cooperation Agreement and Assignment Agreement constitute the entire agreement between the parties and shall supersede any previous agreements between the parties independently of the form of previous agreements.

 

19.   Scope of agreement

The agreement will remain in force during the time period the Temporary Worker Agreement is in force.

 

20.   Correspondence

20.1 All correspondence relating to these Terms and Conditions shall take place between the parties via CC’s website, registered post or email as notified from time to time.

20.2 Correspondence shall be deemed received:

a) if delivered by registered post: two days after dispatch; and

b) if sent by email: by dispatch of email and due reception.

 

21.   Miscellaneous

21.1 CC has the right to amend these Terms and Conditions without prior notification to the other party.

The Temporary Worker shall never use CC’s company details to purchase goods and/or services or enter into agreements using CC’s name and/or undertake any legally binding action outside the remit of CC’s portal on coolcompany.com.

21.2 Equipment that the Temporary Worker has received from the Client to perform the Assignment must be returned immediately at the end of an Assignment, or earlier if so specified by the Client. The Temporary Worker is to return all business material including but not limited to written notes, statements, correspondence and reports.

21.3 The Temporary Worker confirms that, even after starting an Assignment, that he/she is allowed to carry out the Assignment and is in good physical condition to do so as well as that the personal information such as qualifications and certificates are legitimate and the Assignments they are performing are correct.

General terms and conditions for Temporary Worker: last updated 2018-03-12.