DOUGH TERMS & CONDITIONS
TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY WORKERS
Invades Racing Limited T/A DOUGH, a company incorporated in England and Wales under company number 12417029 and having its registered office at 52 Fore Street, Callington, United Kingdom, PL17 7AJ.
THE CONTRACT
These Terms, together with the Supply Service Assignment Schedule and any attachments shall form the entire agreement between the Hirer and Dough and shall supersede any previous agreement between the parties relating to the subject matter herein, and are deemed to be accepted by the Hirer by virtue of an Introduction to or Engagement by the Hirer of an Temporary Worker; or the passing of any information about the Temporary Worker by the Hirer to any Third Party; or the Hirer’s request to interview or interview of a Temporary Worker.
In the event of a contradiction between these Terms and the Supply Service Assignment Schedule, the Supply Service Assignment Schedule shall prevail.
These Terms shall apply to any Engagement of the Temporary Worker irrespective of whether the services performed are the same as those for which the Temporary Worker was introduced.
No variation to these Terms shall be valid unless it is in writing and signed by both parties.
To the extent that any terms or conditions introduced by the Hirer purport to cancel these Terms or any part of them they shall be ineffective and these Terms shall prevail.
Unless the context otherwise requires references to the Dough and the Hirer include their permitted successors and assigns.
2. DOUGH OBLIGATIONS
DOUGH agrees to use its reasonable endeavours to ensure that the Services are provided in accordance with the Supply Service Assignment Schedule.
DOUGH shall use its reasonable endeavours to procure that the Temporary Worker:
uses reasonable care and skill in supplying the Services;
complies with the Hirer’s reasonable requirements as notified by the Hirer to DOUGH from time to time;
complies with all the Hirer’s regulations, policies and procedures of the Hirer, as notified by the Hirer to the Employment Business, and the Temporary Worker, including those covering health and safety and security; and
When making an Introduction to the Hirer, DOUGH shall inform the Hirer of the following:
the identity of the Temporary Worker;
that the Temporary Worker has any authorisations which the Hirer considers are necessary, or which are required by law to perform the Services;
the contractual relationship between the Temporary Worker and the Employment Business; and that the Temporary Worker is willing to work and provide the Services.
One reference from persons not related to the Temporary Worker who have agreed that the reference they provide may be disclosed to the Hirer and all other reasonable practicable steps to confirm the Temporary Worker is suitable for the Assignment.
3. HIRER OBLIGATIONS
To enable DOUGH to satisfy its obligations under the Regulations and the AWR the Hirer shall provide DOUGH with the following information regarding each role it seeks to fill as soon as possible and certainly before any Assignment begins (and will notify DOUGH of any changes thereto before such change occurs or where this is not possible immediately after such change occurs during any Engagement of a Temporary Worker)
the date on which the Hirer requires a Temporary Worker to commence work, and the duration or likely duration of the work;
the role for which the Hirer seeks a Temporary Worker, including the type of work the Temporary Worker would be required to do, the location and working hours, any issues relating to health and safety, and details of any steps taken by the Hirer to control or prevent such risk;
the experience, training, qualifications and any authorisations which the Hirer considers are necessary or are required by law or any professional body for a Temporary Worker to possess in order to work in the relevant position;
the remuneration, any expenses, and/or any other benefits which the Temporary Worker would be paid, and the intervals at which such remuneration or other benefits would be paid
the minimum rate of pay, expenses and any other benefits that would be payable to the Temporary Worker;
The Hirer warrants that the information provided to DOUGH is true and accurate in all material respects and that it will, during the term of the relevant Assignment, immediately inform DOUGH in writing of any subsequent change in any information or documentation provided.
The Hirer undertakes:
to the extent these are applicable, to provide DOUGH and/or the Temporary Worker with any rules (including health and safety, site and security regulations and IT procedures) that apply and are relevant at any site where Services are to be provided.
to provide adequate Employer’s and Public Liability Insurance for the cover of Temporary Workers during Assignments;
to authorise the agreed format timesheets to confirm the number of hours worked by the Temporary Worker;
in the event that the Hirer is dissatisfied with the performance of the Temporary Worker to notify DOUGH immediately, giving the reasons for their dissatisfaction; and
not to commit any act or omission which could be considered as constituting unlawful discrimination or harassment of the worker either in connection with or during the Assignment;
The Hirer warrants that by its actions it will not cause DOUGH to be in breach of the Working Time Regulations 1998 (as amended) in respect of the Temporary Worker. To assist DOUGH in complying with its duties under the Working Time Regulations 1998 (as amended) the Hirer will supply any relevant information about the Assignment requested by it.
The Hirer undertakes:
that it knows of no reason why it should be detrimental to the interests of the Temporary Worker to undertake the Assignment;
to notify DOUGH immediately of any offer of an Engagement which it makes to the Temporary Worker; and
to notify DOUGH immediately that its offer of an Engagement to the Temporary Worker has been accepted and to provide details of all Remuneration to the Employment Business
At the end of each shift the Hirer will sign a timesheet verifying the number of hours worked by the Temporary Worker during that period.
The Hirer will comply with its obligations under the AWR Regulation 12 (Rights of Temporary workers in relation to access to collective facilities and amenities) and 13 (Rights of Temporary workers in relation to access to employment).
The Hirer shall comply with its obligations under the AWR and will provide any and all information which DOUGH may require to enable DOUGH to discharge its obligations under the AWR. In particular the Hirer shall notify DOUGH with immediate effect of any and all requests made by an Temporary Worker pursuant to Regulation 16 (Right to receive information) of the AWR and will provide copies of the same to the Employment Business. The Hirer shall also provide any information requested by DOUGH to assist DOUGH in complying with its obligations pursuant to Regulation 16 of the AWR as soon as possible but no later than 7 calendar days from the day on which any such complaint or request is received by the Hirer.
The Hirer shall indemnify DOUGH against all and any claims made by any Temporary Worker supplied to the Hirer arising from or relating to
(a) Regulation 12 or Regulation 13 of the AWR; and/or (b) Regulation 9 of the AWR to the extent that this is due to the fault or negligence of the Hirer.
In the event of any threatened or actual legal claim brought by the Temporary Worker, the Hirer undertakes to provide such information and assistance and take such action as DOUGH may request, within the timeframe requested and at the Hirer’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such legal claim and to appeal against any judgment given in respect thereof.
4. CHARGES
The Hirer agrees to pay the charges based on the number of hours worked by the Temporary Worker as shown on the authorised timesheet, calculated in accordance with the rates shown on the Supply Service Assignment Schedule.
The hourly charges shall comprise the following:
the Temporary Worker’s rate of pay, as shown on the Supply Service Assignment Schedule;
any agreed expenses incurred during the course of the Assignment.
an amount equal to any statutory leave entitlement to which the Temporary Worker is entitled and which has accrued during the period of the Assignment;
DOUGH reserves the right to vary the agreed charges in order to comply with additional liabilities imposed by statute or other legal requirement, including but not limited to the AWR.
If the hirer cancels the full prior to 7 days pre-event, there will be a £750 ex VAT management fee charged.
If the hirer amends the booking and numbers reduced prior to 7 days pre-event, there will be a 50% charge for those people removed from the booking.
If the hirer amends th booking and numbers are reduced within the week prior to the event, there will be an 80% charge for those people removed from the booking.
5. PAYMENT
DOUGH shall invoice the Hirer on a weekly basis for charges calculated in accordance Clause 5.
VAT will be added to all charges where applicable at the rate prevailing at the current time.
The Hirer agrees to pay all invoices within 30 days of the date of the invoice. DOUGH must be in receipt of cleared funds on or before the day that the invoice falls due.
If the Hirer fails to make payment within the 30 days period, there will be a 10% monthly interest charge added to total outstanding amount.
The Hirer will be deemed to have accepted an invoice in full if it fails to notify DOUGH to the contrary within 7 days from date of receipt. In the event that the Hirer reasonably disputes the hours worked or Services rendered, the Hirer shall notify DOUGH as soon as possible, but no later than 7 days from receipt and shall co-operate with DOUGH in establishing what hours were worked by the Temporary Worker. The Hirer agrees to pay the undisputed element of any invoice on or before the due date for payment, and once resolved pay any outstanding amount within 7 working days of such agreement.
For the avoidance of doubt, a) failure to sign a timesheet does not absolve the Hirer from the obligation to pay the charges in respect of time actually worked; b) the Hirer shall not be entitled to decline to sign a timesheet due to the Hirer’s dissatisfaction with the Services performed by the Temporary Worker.
In the event of delayed or overdue payment, save in circumstances where the relevant invoice is the subject of a bona fide dispute as described in Clause 6.4, DOUGH reserves the right to charge the Hirer a weekly charge equal to 5% of the invoice value for each complete week the invoice remains unpaid (or pro rata for a part week), in addition all outstanding invoices will become payable within 7 days and any previously agreed payment terms will no longer apply Upon ceasing to use DOUGH’s services all invoices will become due on the date supply ceased.
Should DOUGH have to use the services of a Debt Collection Agent in order to collect overdue monies due, then the Hirer / Client shall be responsible for any reasonable costs incurred in collection of the debt.
Unless otherwise agreed by the Employment Business, there is no obligation to make any rebates or refunds of charges or other sums paid or payable to DOUGH under these Terms
PAYMENTS TO TEMPORARY WORKER
DOUGH is responsible for paying the Temporary Worker and for making payment to the relevant authorities of any amounts it is required to deduct by law (including any applicable National Insurance Contributions and PAYE Income Tax).
In the event that the Hirer directly recruits the Temporary Worker the Hirer shall be liable to pay a one off fixed Transfer Fee of £500 + VAT prior to transfer. Please note that, that this fee only covers DOUGH temporary staff going into the Hirer’s hospitality / catering teams.
6. UNSUITABILITY OF TEMPORARY WORKERS
The Hirer shall provide adequate supervision of the Temporary Worker to ensure the Services are performed to the Hirer’s satisfaction.
The Hirer shall notify DOUGH immediately and in any event within 1 hour if the Temporary Worker fails to attend work or has notified the Hirer that they are unable to attend work for any reason.
If in the reasonable opinion of the Hirer the services of the Temporary Worker are unsatisfactory, the Hirer may terminate the Assignment by directing DOUGH to remove the Temporary Worker. Where the Hirer reasonably believes that immediate removal of the Temporary Worker from the Assignment is necessary the Hirer may instruct the Temporary Worker to leave the Assignment immediately, however in such circumstances the Hirer must inform DOUGH as soon as possible after this action has been taken and in any event no later than 1 hour after removal of the Temporary Worker.
In the event of the removal of an unsatisfactory Temporary Worker the Hirer shall pay the charges for all hours worked by the Temporary Worker in relation to the Assignment.
Where DOUGH obtains any information which gives it reasonable grounds to doubt the suitability of the Temporary Worker for the Assignment it shall notify the Hirer immediately. In such circumstances DOUGH shall be entitled to terminate the Assignment immediately without notice and without liability. Notwithstanding, the Hirer shall remain liable for the charges for all hours worked up to the termination of the Assignment.
7. TERMINATION
These Terms and/or any related Assignment may be terminated by either party giving the other party the appropriate period of notice, in writing.
These Terms and/or any related Assignment may be terminated with immediate effect and without notice in the event:
of either party being in material breach of these Terms, which is, in the reasonable opinion of the other party, not capable of remedy.
of either party being in repeated breach of a material clause of these Terms;
if either party becomes bankrupt or has a receiving order or administrative order made against it or is put into liquidation (save for the purposes or reconstruction or amalgamation); or
the Hirer is in breach of its obligations
8 . LIABILITY
The Hirer acknowledges that:
DOUGH does not supervise the Temporary Worker on a day to day basis. The Temporary Worker is under the supervision of the Hirer whilst on the Hirer site or engaged by the Hirer and at such times the Hirer is solely responsible for the Health and Safety of the Temporary Worker whilst the worker is on assignment
it may accept or reject in accordance with these Terms the Temporary Worker Introduced by DOUGH with a view to performing the Services;
it takes sole responsibility where confidential information, equipment, or other assets are entrusted to the Temporary Worker;
it knows of no reason why it would be detrimental to the interest of the Temporary Worker to undertake the Assignment;
the Hirer is solely in a position to assess and insure against risks arising during, and in respect of the Assignment, and shall indemnify DOUGH against any costs, claims, damages, liability and expenses incurred by DOUGH as a result of any Assignment or any breach of these terms by the Hirer; and
the charges made by DOUGH reflect only those of Temporary Worker sourcing, selection and introduction services agreed to be supplied by DOUGH and do not indicate acceptance of any liability for the Temporary Worker’s acts, errors or omissions whether wilful, negligent or otherwise which shall be the responsibility of the Hirer.
DOUGH shall not be liable for any losses, expenses, damages, or delay arising out of or in connection with:
any act or omission or misrepresentation (whether before or after the date of the Assignment) of the Temporary Worker, including any loss, expense, damage, costs or delay arising out of the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker or if the Temporary Worker terminates the Assignment for any reason;
any failure by DOUGH to provide a Temporary Worker for completion of the Assignment;
any failure by the Hirer to comply with all statutory provisions in force from time to time including but not limited to the Working Time Regulations 1998, Health and Safety At Work Act 1974, the Management of Health and Safety at Work Regulations 1999, the AWR and legal requirements to which the Hirer is ordinarily subject in respect of the Hirer’s own staff (excluding those dealt with in Clause 7);
any special, indirect or consequential damages or loss; or
any loss of profit, business, revenue, goodwill, anticipated savings and/or any claims made under third party contracts, arising out of any failure by DOUGH to perform any obligations under these Terms, but so that nothing in this Clause 11.2 shall operate to exclude or limit liability for fraud, or death or personal injury arising from its own negligence.
The Hirer undertakes that it will not make a request to DOUGH to supply Temporary Workers to perform services or duties where such work would normally be performed by a worker who is taking part in official industrial action or is covering the duties of a worker taking part in official industrial action.
9. INDEMNITY
The Hirer shall indemnify and keep DOUGH indemnified against any costs (including legal costs), claims, expenses, damages or liabilities incurred directly or indirectly by DOUGH arising out of or in connection with these Terms.
CONFIDENTIALITY & INTELLECTUAL PROPERTY RIGHTS
The Hirer warrants that it will treat the details of Temporary Workers provided by DOUGH as confidential information and subject to the General Data Protection Regulations (“GDPR”) and that it will receive and process this confidential information in line with GDPR and only for the express purpose for which it was provided and that it will not pass this confidential information on to any Third Party without the written permission of the Employment Business. In addition the Hirer undertakes to keep confidential all confidential information relating, or belonging to DOUGH ’s business affairs, except information which is in the public domain.
DOUGH undertakes that it will on its own behalf, and shall use reasonable endeavours to ensure the Temporary Worker will a) keep confidential all confidential information relating, or belonging to the Hirer’s business affairs, except information which is in the public domain which becomes known to the parties as a result of the supply of Services, and not to utilise such information, except for the purposes of performing the Services; and b) not to disclose Confidential Information to any other person, or Third Party, except if required to do so by process of law, or where it is necessary as an integral part of performing the Services.
All copyright, trademarks, patents and other intellectual property rights deriving from an Assignment shall belong to the Hirer. DOUGH shall use reasonable endeavours to ensure that the Temporary Worker a) enter into such confidentiality undertakings as the Hirer may reasonably require; b) enter into such assignments of Intellectual Property Rights arising from the performance of the Services, as the Hirer may reasonably require; and c) deliver up to the Hirer (or as the Hirer may direct) at the end of the Assignment all material, including copies thereof, in their possession, or control belonging to the Hirer.
GENERAL
For the purposes of the Regulations DOUGH is acting as an Employment Business. In the event that a permanent or fixed term Engagement follows the Introduction of the Temporary Worker to the Hirer, DOUGH will be acting as an Employment Agent.
Neither party’s rights under these Terms shall be prejudiced or restricted by any concession, delay or forbearance it extends to the other and no waiver by either party in respect of any breach by the other shall operate as a waiver in respect of any subsequent breach. Rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law.
No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999.
If at any time any clause in these Terms becomes illegal, invalid or unenforceable in any respect for any reason that shall not affect or impair the legality, validity or enforceability of any other clauses in these Terms
NOTICES
Any notice to be given hereunder shall be in writing. Notices may be given by either party by personal delivery, post, email or by fax addressed to the other party at its registered office for the time being and any such notice given by letter email, or fax shall be deemed to have been served at the time at which the letter was delivered personally or transmitted or if sent by post would be delivered in the ordinary course of post.
LAW
This Agreement is governed by and shall be construed in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the Courts of England in respect of any dispute arising from these Terms or its subject matter.
Signed by and on behalf of the Parties as follows: