- PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN LEGAL OBLIGATIONS AND IMPORTANT TERMS ON WHICH WE INTEND TO RELY.
- YOU MUST BE 18 YEARS OF AGE OR OVER TO ACCEPT THESE TERMS – IF YOU ARE NOT 18 YEARS OF AGE OR OVER, YOU ARE NOT PERMITTED TO ENTER INTO THIS CONTRACT OR PROVIDE THE ASSOCIATED SERVICES. BY ENTERING INTO THESE TERMS AND CONDITIONS YOU CONFIRM AND PROMISE TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE.
- THROUGHOUT THE DURATION OF THESE TERMS AND CONDITIONS AND TO THE EXTENT THAT THIS IS IN ANYWAY RELEVANT TO THE ACTIVITIES YOU PERFORM AS A TACTICAL FIELD MARKETING OPERATIVE, YOU WILL REMAIN A WORKER AND THE PROVISION OF SERVICES BY YOU OR ACTIVITIES UNDERTAKEN BY YOU WILL NOT CREATE ANY FORM OF EMPLOYMENT RELATIONSHIP BETWEEN US. PLEASE SEE CLAUSE 3 FOR FURTHER EXPLANATION.
- BY CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE TO THESE TERMS AND THEY WILL BE BINDING ON YOU.
- IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK THE “ACCEPT” BUTTON, SUBMIT AN APPLICATION OR SELECT ANY ASSIGNMENTS, AS BY DOING SO YOU WILL ACCEPT THESE TERMS.
- Please see explanation of what “we”, “us” and “our” means in the paragraph headed “Information about us and how to contact us” below.
- If you have any questions about these terms, please contact us to discuss before you enter into them (contact options are provided below under the “How to contact us” heading).
- If you would like legal advice on these terms, please contact your legal advisor or, if you are a UK resident, the Citizens Advice Bureau before you enter into them.
- We use some phrases in this contract that have set meanings. Where we do this, the phrase will appear in bold the first time we use it, or we will tell you where the meaning of that phrase can be found the first time it is used in these terms and will be capitalised every other time it is used.
- In these terms, if we use the words including, include, in particular, for example or any similar expression, we are giving examples and those words shall not limit the sense of the words, description, definition, phrase or term that follows those words.
- In these terms, when we use the words “writing” or “written” in these terms, this includes emails. Where we contact you in accordance to these terms, “writing” or “written” shall also include SMS/text, Whatsapp, and/or other forms of social media.
1 Our terms
1.1 What these terms cover. These are the terms and conditions on which you supply tactical field marketing services to us. These terms and conditions govern the relationship between you and us in respect of the supply of such services by you to us, including setting out your duties and obligations when providing such services and our obligation to pay the relevant fees to you for such services.
1.2 How long these terms apply for. These terms and conditions will continue to apply until terminated by either party in accordance with these terms (see clause 11 and 12).
1.3 Why you should read them. Please read these terms carefully before you accept these terms and conditions and sign up to become a tactical field marketing operative. These terms tell you who we are, how you will provide services to us, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Powerforce Field Marketing and Retail Services Limited, a company registered in England and Wales. Our company registration number is 6365928 and our registered office is at C/O Legalinx Limited Tallis House, 2 Tallis Street, Temple, London, EC4Y 0AB. Our registered VAT number is: GB 924 8927 85.
2.2 How to contact us. You can contact us by telephoning our office on 0118 927 1090 or emailing us at firstname.lastname@example.org or by writing to us at Powerforce, 650 Eskdale Road, Winnersh Triangle, Berkshire, RG41 5TS.
2.3 How we may contact you. If we have to contact you we will do so by telephone, SMS/text messaging, Whatsapp, via social media or by writing to you at the email address or shipping address you provided to us in your application.
3.1 These terms and conditions do not confer any employment rights on you (other than those to which workers are entitled). In particular, they do not create any obligation on us to provide work to you and you will work on a flexible, “as required” basis. For the purpose of this engagement, you are a casual worker.
3.2 It is entirely at our discretion whether to offer you work and we are under no obligation to give any reasons for any decision to offer or not offer work. It is entirely at your discretion whether to accept any work and you are under no obligation to ask for or accept any form of work. You are under no obligation to give any reasons for any decision to not accept or undertake work.
3.3 Each offer of work by us which you accept shall be treated as an entirely separate and severable engagement. These terms and conditions shall apply to each Assignment but there shall be no relationship between the parties after the end of one Assignment and before the start of any subsequent Assignment.
3.4 Once you have accepted an Assignment, you must complete that Assignment in accordance with any terms or direction given within that Assignment. If you fail to complete an Assignment correctly or in the manner that we expect, we may choose to withhold pay and to not make future Assignments available to you.
3.5 The fact that we may offer you work, or offer you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.
3.6 Except where set out in these terms or any other information in relation to any Assignment, you shall not be entitled to any other form of payment or wage. As a worker, you are not entitled to payment of or receipt of any form of sickness or social security. We shall comply with any obligations that we may have under the Pensions Act 2008.
3.7 Throughout the duration of these terms and conditions you remain free to:
3.7.1 determine whether or not you wish to accept an Assignment;
3.7.2 determine how and when an Assignment is completed, subject to you always complying with the details of the Assignment and any requirements of completion dates and times as stipulated within each Assignment;
3.7.3 determine whether or how you wish to travel to, or from, or between Assignments;
3.7.4 determine whether before or after undertaking an Assignment, you will complete additional activities or work or employment for any third party at the same location or premises as the Assignment, provided always that when you are undertaking the Assignment you dedicate your time and attention to undertaking the Assignment to the standard required and the required time stipulated within each Assignment;
3.7.5 undertake activities, work for, be employed by or provide services to any third party throughout the duration of these terms and conditions, including services which are similar to any services provided in connection with these terms and conditions; and
3.7.6 take up any position of employment, work, services, consultancy or engagement of any nature with any third party.
4.1 Before offering you an Assignment, we will require certain documents from you in order to satisfy ourselves that you are legally entitled to work in the UK.
4.2 You confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to notify us immediately if you cease to be so entitled at any time.
4.3 You represent and warrant to us that, by entering into this contract or performing any of your obligations under it, you will not be in breach of any court order or any express or implied terms of any contract or other obligation binding on you.
5 Our contract with you
5.1.1 The services to be provided by you in respect of these terms and conditions will take the form of individual assignments (“Assignments”).
5.1.2 Work will be made available to you via a Powerforce representative or via email.
5.1.3 We will display on the Portal a description of the relevant Assignment, the fees to be paid by us in respect of that Assignment, the maximum amount of mileage you can claim in respect of the relevant Assignment and any other details, terms or requirements applicable to the relevant Assignment.
5.1.4 You may be required to receive point of sale and marketing materials (“POS”) for specified Assignments. POS will be delivered to your shipping address unless stated otherwise in the Assignment. It is your responsibility to notify us if POS is not delivered and check the POS supply delivered is correct / not damaged within 1 Working Day (as defined in clause 7) of any discrepancies / issues.
5.1.5 You are able to undertake any Assignments shared with you by Powerforce representative subject to any restrictions in these terms and conditions, including in this clause 5. You can agree to complete the assignment once it is offered to you and in that event it will be loaded into your Portal.
5.1.6 By applying for an Assignment you:
188.8.131.52 confirm that you have all rights to undertake the relevant Assignment;
184.108.40.206 confirm that you are able to undertake the relevant Assignment in accordance with the requirements set out in these terms and conditions and in the applicable activity brief displayed on the Portal or otherwise provided to you by us, including the dates/times specified in the relevant activity brief;
220.127.116.11 confirm that you are applying for the Assignment on your own behalf and not on behalf of any other person;
18.104.22.168 confirm that, should the assignment require driving, have a full driving licence entitling you to lawfully drive in the UK, your vehicle is in a roadworthy condition and that you have in place appropriate business insurance cover in respect of the use of your vehicle for Assignments; and
22.214.171.124 agree to provide the services to us as set out in the Assignment and the applicable activity brief displayed on the Portal or otherwise provided to you by us.
126.96.36.199 confirm that you have access to a SMART phone or tablet for the purposes of reporting as the Portal has an app-based application for reporting during your assignment.
5.1.7 How we will accept your application. Our acceptance of your application will take place when the relevant Assignment is displayed in your Portal diary, at which point you will become bound to provide the services specified in the relevant Assignment in accordance with these terms and conditions. You do have the right to cancel the Assignment as described in clause 12.
5.2 No obligation to provide or accept Assignments. We do not have any obligation to make any Assignments available to you or anyone else and we will not be in breach of these terms and conditions by failing to make any Assignments available. You are not required to apply for any Assignments however once you have applied for an Assignment and that application has been accepted (in accordance with clause 5.1.7) then these terms and conditions will apply to such Assignment.
5.3 When you cannot apply for an Assignment. You must not apply for an Assignment if any of the following apply to you. By applying for an Assignment, you are confirming and promising to us that the following do not apply to you:
5.3.1 you are under the age of 18 years of age on the date when you apply or are to apply for the Assignment;
5.3.2 accepting the Assignment would cause you to breach any laws, rules, regulations or any agreement or arrangement you have with any third party; or
5.3.3 you do not have all the consents and permissions required to undertake the relevant Assignment or comply with the terms of this Agreement.
5.4 If you apply for and are accepted for an Assignment in circumstances where any of the items listed in clause 5.3 apply to you, then we shall have no obligation to pay you any fees or expenses in respect of that Assignment and we may terminate the Assignment immediately upon becoming aware that such matter(s) apply to you.
5.5 Our right to vary accepted assignments. We may vary the requirements (including the fee and expenses payable) and details of an Assignment at any time after it has been accepted by providing you with written notice not less than 48 hours before the start time of the relevant Assignment.
5.6 Any Assignment accepted by us under clause 5.1 shall not be exclusive to you and we may engage others to perform the same or similar services in respect of that Assignment or any other Assignment.
6 The Services
6.1 Submission of activity reports
6.1.1 After each Assignment you will be required to submit an activity report. You are not entitled to receive any payment of any fees or expenses in respect of the Assignment until you have submitted the activity report and the activity report has been accepted by us.
6.1.2 By submitting to us each completed activity report, you agree to transfer all rights to us in the contents of each activity report. This means that we will own all rights in the completed activity report, and you will have no ownership or rights in them. We are free to use the information provided on each activity report however we wish.
6.1.3 In respect of each activity report you must:
188.8.131.52 provide as much information as possible in response to each of the questions / fields;
184.108.40.206 provide all information in English and in a legible manner;
220.127.116.11 complete each activity report honestly, accurately and to the best of your ability; and
18.104.22.168 provide any information, documentation and non-distorted images required by the Assignment and any associated activity brief (including the store contact name and the store contact signature), or as may be reasonably requested by us.
6.1.4 We may reject an activity report which you have submitted where:
22.214.171.124 you have failed entirely to answer one or more questions in the relevant activity report;
126.96.36.199 you have failed to provide the level of detail which we require in respect of the relevant activity report for any one or more questions;
188.8.131.52 we are aware that any of the information included in your completed activity report is inaccurate, incorrect or misleading;
184.108.40.206 you have failed to get the relevant activity report authorised by the relevant store contact where this has been requested by us;
220.127.116.11 you have failed to provide us with correct and accurate supporting information including any non-distorted photographic evidence specified in the Assignment or associated activity brief;
18.104.22.168 You have been found to have falsified any information;
22.214.171.124 We have received customer/store complaints regarding the standard of your work;
126.96.36.199 You have failed to submit the activity report by the deadline specified in the relevant Assignment.
6.1.5 We will let you know promptly if an activity report is rejected. Where we reject an activity report, we will notify you via phone, email or by any other means listed in clause 2.3 and you will be given the opportunity to rectify the issue and re-submit the activity report to us. You must do this within 1 working day (being for these purposes any day other than a Saturday, Sunday, bank or public holiday in the UK) (“Working Day”) of being notified that the activity report has been rejected. If you fail to rectify the relevant activity report during the relevant 1 Working Day period, you will be deemed not to have completed the relevant Assignment. If the error is found (i) within 1 Working Day of the activity report deadline specified in the relevant Assignment or (ii) after the activity report deadline specified in the relevant Assignment, then in each case (i) and (ii) we may not be able to provide you with the opportunity to rectify.
6.2.1 Each Assignment will require you to undertake a specific activity, for example, display certain POS or collateral, or delivery or collect certain products to / from the relevant store (the “Activity”).
6.2.2 The Assignment and any associated activity brief will set out the details of the Activity and instructions as to how the Activity is to be performed. You must complete each Assignment in accordance with the described Activity and any associated activity brief.
6.2.3 If you use a vehicle in connection with an Assignment, you must ensure that the vehicle is in a safe, lawful and roadworthy condition and that you have and maintain appropriate vehicle insurance to enable you to lawfully use the vehicle for business purposes – if you are in any doubt or would like further information, we recommend that you speak to your insurance broker. You must also hold a full valid driving licence. Please note that a worker who loses his/her driving licence may not be able to undertake further assignments with us.
6.2.4 If you have any questions, queries or complaints about these terms, an Assignment or an Activity, you must contact us. You must NOT contact the store or the relevant goods manufacturer.
6.2.5 We will only reimburse such expenses as may be set out in the Assignment and associated activity brief. We will only reimburse expenses which are:
188.8.131.52 Expressly offered in the Assignment and associated activity brief;
184.108.40.206 Properly and proportionately incurred; and
220.127.116.11 Expenses for mileage which does not exceed the maximum of 8 miles in total (unless stated otherwise on the Portal in respect of the relevant Assignment). All mileage shall be based on actual miles reasonably and properly travelled by you in respect of that Assignment.
6.2.6 Any expenses incurred in relation to the Activity will need to be evidenced to our reasonable satisfaction, for example, by providing receipts and proof of purchase. Receipts should not be used multiple times for different claims and should be incurred on the date/time of the relevant Assignment.
6.2.7 Any failure to evidence the expenses incurred in relation to an Activity by the Assignment deadline to our reasonable satisfaction may result in you losing the right to claim expenses from us.
6.2.8 During each Assignment you are required, at all times, to comply with our relevant company rules, policies and procedures in force from time to time.
6.2.9 You shall not smoke, consume alcohol or take illegal drugs whilst undertaking an Assignment.
6.2.10 During each Assignment, you are required to wear smart business wear with smart comfortable shoes (no open toed shoes or trainers to be worn) unless specified otherwise in the Assignment or the associated activity brief.
6.2.11 We shall not be liable for any parking fines or driving penalties you incur during or in connection with an Assignment.
6.3 Working Time Regulations.
6.3.1 The nature of your engagement under these terms and conditions is such that your working time cannot be measured and, accordingly, the provision of any services by you falls within the scope of regulation 20 of the Working Time Regulations 1998 (SI 1998/1833).
7 Conduct in respect of products & POS
7.1 If under any Assignment we require you to (i) deliver products and / or POS to a store and / or (ii) remove products and / or POS from a store and deliver them to another location:
7.1.1 you will not own such products or POS – they will remain our property or the property of the relevant store or manufacturer (as appropriate);
7.1.2 you shall apply or remove those products or POS (as appropriate) in strict compliance with our instructions; and
7.1.3 you must deliver the relevant products or POS (as appropriate) to the relevant delivery location, by the relevant delivery time and date as stated in the Assignment or as otherwise notified by us to you. Time shall be of the essence in this regard, which means that we may, amongst other things, terminate this contract in the event that you breach this clause 7.1.3.
7.2 In respect of products and POS of the type described in clause 7.1, you must:
7.2.1 store any such products and POS separately from all other products, goods and items held by you so that they remain readily identifiable as our property (or of the relevant store or manufacturer (as appropriate));
7.2.2 not remove, deface or obscure any identifying mark or packaging on or relating to the products or POS (as appropriate);
7.2.3 maintain the products and POS in satisfactory condition and in any event no worse condition than they were in when you took possession of them;
7.2.4 exercise all reasonable care and attention in respect of products and POS whilst in your possession;
7.2.5 store the products and POS in appropriate conditions and in accordance with any instructions provided by us;
7.2.6 store the products and POS safely and securely, and free from third party access;
7.2.7 on request, grant us access to and, if requested, possession of the products and POS; and
7.2.8 immediately provide us with such information relating to the products and POS (including for example details of where they are stored) as we may require from time to time.
7.2.9 Feedback any damages within 1 Working Day so that replacements can be organised (see clause 5.1.4).
8 Your responsibility
8.1 During each Assignment you must:
8.1.1 comply with all applicable laws, relevant site policies and procedures (including all health and safety requirements) at any location at which you undertake the Activity;
8.1.2 co-operate with us in all matters relating to the Assignment;
8.1.3 not accept, give or offer any gifts, incentives or bribes in respect of your performance and completion of an Assignment. If you are offered any gifts, incentives or bribes you must notify us in writing immediately giving full details of the relevant matter;
8.1.4 at all times act honestly, in good faith and with integrity;
8.1.5 not engage with any act which is illegal, immoral or which could cause harm to our goodwill and reputation;
8.1.6 supply the services in accordance with these terms and conditions, the terms of the Assignment and any applicable activity brief;
8.1.7 provide the services with all reasonable care, skill and diligence and to the best of your ability;
8.1.8 complete the Assignment (which shall only occur when you have submitted the relevant activity report and it has been accepted by us) by any deadline specified in the relevant Assignment provided always that aside from this requirement and the other requirements set out in these terms and conditions, you shall be free to determine the timing and manner in which you complete the Assignment;
8.1.9 ensure that the services will conform with all descriptions, standards and specifications set out in the Assignment;
8.1.10 comply with any additional obligations as set out in the Assignment and any associated activity brief;
8.1.11 promptly give us all such information and reports as we might reasonably require in connection with the Assignments;
8.1.12 if you are unable to provide the services under an Assignment you have accepted for any reason, you shall notify us as soon as reasonably practicable; and
8.1.13 ensure that you work in a safe manner, and that you follow any and all instructions relating to security and health & safety given to you by personnel within stores in which you operate.
8.2 In respect of each Assignment you must record and provide us with the following information:
8.2.1 the date and time on which you completed the relevant Activity; and
8.2.2 evidence to our reasonable satisfaction that you have properly undertaken the relevant Activity.
9.1 You will be entitled to annual leave calculated in accordance with the terms of the Working Time Regulations 1998 or such other applicable statute or regulation.
9.2 Owing to the casual and sporadic nature of your work, you will be paid for your holiday in accordance with the provisions of clause 14.7. Accordingly, you acknowledge and agree that you are not entitled to any further payments in respect of any holiday leave, and you agree to reimburse us for any losses, costs or expenses we may incur as a result of any claim or complaint brought by you in respect of unpaid holiday. Further, you agree that any award made to you in respect of any unpaid holiday will be offset against the amount of any Holiday Pay received by you.
10.1 You and us agree to keep any information of a confidential nature confidential and not to disclose such information to any third party. The terms of this contract and of Assignments (including activity briefs) constitute confidential information for the purposes of these terms and conditions.
10.2 You must not disclose any confidential information as described in clause 10.1 to any of our customers. For the avoidance of doubt, such information includes any reference to any item or issue related to our business or an enquiry that you have about any Activity that you may, will or have completed for us.
10.3 You must not disclose any confidential information to any third party (including for example any of our competitors or members of associated industries). All information you receive or obtain or receive from or for us or out customers is strictly confidential.
10.4 Failure to comply with the provisions of this clause 10 could result in the immediate termination by us of any relevant Assignment or your entire profile on the Portal.
10.5 We will be under no obligation to pay you any fees or expenses for any Assignment in respect of which you breach the requirements of clause 10.4 above.
11 Our rights to end the contract and any Assignment
11.1 We may end the contract if you break it. We may end this contract or an Assignment with you immediately by written notice if you breach these terms and conditions. For example, you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to verify your proper performance of the Assignment, for example, date and time of the visit.
11.2 We can always end our contract or any Assignment with you. We may end this contract immediately for any reason by giving written notice. We will not end this contract on this basis without good reason.
11.3 We may withdraw the Assignment. We may write to you to let you know that we are going to withdraw the Assignment from you. We will let you know not less than 48 hours in advance of our stopping the Assignment and you will refund any sums we have paid in advance for services which will not be provided. Should we fail to provide you with notice that we are going to withdraw the Assignment from you under this clause 11.3 not less than 48 hours before the start time of the relevant Assignment, we shall pay you the fees stated in the relevant Assignment in accordance with the terms of this contract. As soon as you receive any notice to withdraw from an Assignment, you must not provide any services in respect of that Assignment and save as expressly stated otherwise in this clause 11.3, we will be under no obligation to pay to you any fees or expenses after you receive a notice from us to withdraw from an Assignment.
11.4 We may immediately withdraw the Assignment. We may immediately withdraw any Assignment by informing you in writing where:
11.4.1 you were not entitled to submit an application for the relevant Assignment (see clause 5.3 for further information); or
11.4.2 where you breach the provisions of clause 10 in respect of confidentiality.
11.5 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 you will refund any money we have paid in advance for services you have not provided.
11.6 If we end this contract:
11.6.1 all rights granted to you under this contract will end when we end this contract with you.
11.6.2 you will not be allowed access to the Portal nor select any Assignments; and
11.6.3 you must return all documentation and information related to Assignments as soon as possible and in any event, within 7 days of the effective date of when we end this contract with you.
12 Your rights to end the contract with us
12.1 You may end the contract if we break it. You may end this contract with us immediately by written notice if we breach the contract. You must inform us immediately of your intention to end the contract and provide us with evidence that we have breached these terms.
12.2 You can always end the contract. You may end this contract for any reason by giving us no less than 5 Working Days’ notice prior written notice.
12.3 You may withdraw from an Assignment. You may withdraw from an Assignment by giving not less than 7 Working Days prior written notice for those Assignments which require you to (i) deliver POS to a store and / or (ii) remove POS from a store and deliver them to another location. You may withdraw from any other Assignment by giving not less than 5 Working Days prior written notice.
13 How to withdraw from an Assignment or end the contract with us
13.1 Tell us you want to withdraw from an Assignment or end the contract. To withdraw from an Assignment or end the contract with us, please let us know by confirming to us by email to your Tactical Area Manager.
14.1 Where to find details of the fees for the Assignment.
14.1.1 The fees payable for each Assignment will be stated on the Portal. We will be under no obligation to pay you any fees or expenses in respect of any Assignment that is not completed in accordance with these terms and conditions, the applicable Portal listing and any applicable activity brief (as displayed on the Portal or otherwise provided by us to you).
14.1.2 It is always possible that, despite our best efforts, some of the Assignments we advertise may contain incorrectly advertised fees or expenses. If we become aware that the details for the fees or expenses for the Assignment are incorrectly published, we will use our reasonable endeavours to notify you of any error as soon as possible.
14.1.3 If the correct fees or expenses are lower than those advertised at the point you applied for the relevant Assignment and you:
18.104.22.168 confirm to us that you do not wish to proceed with the Assignment after we inform you of the correct fees or expenses (as appropriate), you may withdraw from the Assignment in accordance with clause 12.3 or you may end this contract in accordance with clause 12.2; or
22.214.171.124 confirm to us that you wish to proceed with the Assignment (including orally), the terms applicable to that Assignment shall be deemed amended accordingly.
14.1.4 If we accept and process your application for an Assignment where a pricing error is obvious and unmistakeable, we may immediately terminate the relevant Assignment and no fees or expenses will be due to you in respect of that Assignment.
14.2 What happens if we got the payment wrong? In the event that we overpay you for the services you have provided under this contract, we will either (i) make a deduction from a monthly payment we are due to make to you in accordance with clause 14.4.1 or (ii) notify you in writing that we require immediate payment of the overpayment, such repayment to be made to the bank account details of which will be provided with the relevant request.
14.3 What to do if you think a payment is wrong. If you think a payment is wrong, please contact us promptly to let us know. Any payments which you think are wrong must be notified to us by email to email@example.com within 45 days of the payment date. We will have no obligation to rectify any incorrect payments that you consider have been made (or failed to have been made) if we are not notified of the error within 45 days of the date the issue arose.
14.4 When we will pay and how we will pay. We will make payment to you for the fees and recoverable expenses in respect of each completed Assignment (and the Assignment will be deemed completed when you have properly undertaken the Activity, the relevant Activity has been completed in accordance with these terms and conditions, and we accept the activity report submitted by you to us in respect of the relevant Assignment). Payment will be:
14.4.1 paid monthly in arrears on the 25th of each month in respect of Assignments completed in the relevant pay period according to the tactical payroll calendar (please see payroll calendar on the Portal for full details of cut-off dates and pay dates), unless the 25th falls on a weekend or bank holiday when payment will be made the first Working day before the 25th which is not a weekend or bank holiday; and
14.4.2 paid by BACS payment to the bank account nominated by you during your initial onboarding process or via a ‘change of bank details’ form that can be found on the Portal.
14.5 In the event that a payment due under clause 14.4 is not processed in the relevant pay run or is processed in the relevant pay run but for an incorrect amount, we will make the relevant payment or the relevant adjustment (as appropriate) in the next scheduled pay run (25th of the following month).
14.6 Income Tax and National Insurance. We will make all necessary deductions from any payment made to you as required by law including tax and NIC’s as may be required to be deducted. Such deductions will be made based on the information available to us. You shall be responsible for accounting for any excess tax that you are required to pay or for recovery of any excess tax we have paid to HM Revenue and Customs.
14.7 Holiday Pay. In addition to fees paid to you in respect of completed Assignments, you will be paid an amount in respect of your annual leave entitlement at clause 9 at the rate of 12.07% of fees paid to you in respect of any completed Assignment (“Holiday Pay”). For the avoidance of doubt, Holiday Pay shall only be payable in respect of fees paid to you for completed Assignments and not in respect of any recoverable expenses we may pay to you in relation to a completed Assignment.
14.8 Sickness. If you are absent from work on a day which is set out in your Assignment due to sickness, you must notify us as soon as possible and at the latest by one hour before your start time on the first day of absence. As a worker, you do not qualify for payment of sickness in accordance with the current HM Revenue and Customs Statutory Sick Pay Scheme. No company scheme operates for this position.
14.9 Your obligations to repay. You must immediately repay to us on demand any sums paid to you in respect of any Assignment where:
14.9.1 you applied for the Assignment in situations where these terms and conditions state that you are not entitled to do so (see clause 5.3 for more information); or
14.9.2 you deliberately provide to us any misleading or incorrect information in respect of your application for the Assignment, the completion of the Activity or the activity report relating to the Assignment; or
14.9.3 we pay you for an Assignment in circumstances where you have not undertaken and properly completed the Activity; or
14.9.4 where you breach the confidentiality requirements described in clause 10.
14.10 We reserve the right to delay pay pending investigation of any issues arising in accordance with clause 6.1.4
15 We are not responsible for loss or damage suffered by you
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
15.2 What loss we are responsible for. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking of this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the acceptance and throughout the completion of the Assignment. Any claim would require adequate proof that you have suffered loss or damage that is a foreseeable result of our breaking of this contract or our failing to use reasonable care and skill
15.3 Our maximum liability. Subject to clauses 15.1, 15.2 and 15.4, our total liability to you shall not exceed £2,000 (two thousand pounds). This means that under no circumstances will our total liability to you in respect of the matters covered by these terms and conditions exceed £2,000 (two thousand pounds) and you will not be able to claim any sums from us in excess of this amount. Our total liability includes liability resulting from contract, tort (including negligence meaning our failure to act with reasonable skill and care), breach of any legal duties imposed by us, or otherwise.
15.4 What we are not liable for (including tort and negligence meaning our failure to act with reasonable skill and care) or in respect of: any injury or damage (including to property) which you suffer or incur whilst at the premises you are required to attend in performance of an Activity – liability for such damage or injury rests with the owner of the relevant premises.
16 How we may use your personal information
16.1 How we may use your personal information. We are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.
16.2 Privacy Notice. We will only use your personal information as set out in our https://www.powerforcegb.com/privacy-notice/ This policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Portal, you consent to such processing.
16.3 Requirements to comply with data protection laws. In performing their obligations under these terms and conditions, both parties agree that they will fully comply with any obligations imposed on them by Data Protection Laws applicable in the United Kingdom, including the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679), the Privacy and Electronic Communications Directive 2002/58/EC and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).
16.4 Worker Photographs / Images. As part of our normal working practices, your image may be taken by camera and used on our public facing website, on social media for business purposes, in printed publications for external use, for external training and sharing with 3rd parties including clients. Should this be the case, we will seek your consent to do so.
16.5 Data Processing.
16.5.1 For purposes of this contract, “Personal Data,” “Controller,” “Processor,” “Data Subject,” and “Process” have the meanings set forth in the applicable data protection laws, rules, regulations and regulatory guidance applicable to your performance of this contract, including, but not limited to, the General Data Protection Regulation (“GDPR”), the Privacy and Electronic Communications Directive 2002/58/EC (“ePrivacy Directive”), and the UK Data Protection Act 2018 (collectively the “Data Protection Laws”). The term Data Protection Laws shall be deemed to include any successor legislation or replacements or amendments for any of the laws referenced in this definition.
16.5.2 You shall only process Personal Data under direct instructions from the Company (“Company Personal Data”) to the extent and in a manner necessary to provide the services, and in accordance with Data Protection Laws and our documented instructions (which may be specific or general in nature as set out in this contract or as otherwise provided to you by us under this contract) and shall not process Company Personal Data for any other purpose.
16.5.3 Any processing of Company Personal Data by or on behalf of you for any purposes not specified by us shall be deemed a material breach of this contract by you.
16.5.4 You shall not engage any sub-contractors to process Company Personal Data without prior specific or general authorisation from us.
16.5.5 You shall not retain Company Personal Data whether in electronic or physical form, longer than is necessary to perform the services and in accordance with our documented instructions, and in no case longer than 14 days after the completion of the applicable services, unless required to retain longer by an applicable law or other legal obligation.
16.5.6 You shall promptly notify us in writing and cooperate in good faith to resolve any conflict if:
126.96.36.199 you believe that any instruction from us violates the Data Protection Laws;
188.8.131.52 you are unable to comply with our instructions for any reason; or
184.108.40.206 you are unable to comply with our instructions or the terms of this contract in relation to the processing of Company Personal Data due to legislation applicable to it or arising as a result of a change to that legislation or the introduction of new legislation.
16.5.7 You acknowledge that you have no right, title or interest in Company Personal Data and may not sell, rent, lease or otherwise use, except as authorised herein, our Company Personal Data.
16.5.8 Upon the termination or expiration of this contract, or at any other time upon our request, you shall immediately and permanently delete all electronic copies of Company Personal Data from your computer systems (including, without limitation, servers, hardware, and mobile devices) and from digital media in your possession or control; and in respect of hard copies of Company Personal Data, you shall return to us or securely destroy, at our election, all originals and copies of Company Personal Data in your possession, custody or control.
16.5.9 You shall provide a confirmation that all Company Personal Data has been returned or securely destroyed within ten (10) Working Days (as defined in clause 6.1.5) of our request.
16.5.10 You shall implement appropriate physical, technical and organisational measures to ensure a level of security for Company Personal Data appropriate to the risk, including, but not limited to, as appropriate:
220.127.116.11 restraining from copying or reproducing any Company Personal Data except as technically necessary to provide the services (e.g., for data backup for business continuity or disaster recovery purposes) or to comply with Data Protection Laws;
18.104.22.168 to the extent possible, physically and/or logically separating Company Personal Data from that of you or any other third party; and
22.214.171.124 promptly informing us if any Company Personal Data is lost, destroyed, damaged, corrupted or unusable, and restore the Company Personal Data without unreasonable delay at your expense.
126.96.36.199 wherever possible, ensuring that any equipment is locked via utilising a PIN code
16.5.11 You shall restrict access to the premises and facilities where Company Personal Data is processed and to data systems and equipment used to process Company Personal Data to ensure that appropriate procedures are in place:
188.8.131.52 to prevent unauthorised persons from gaining access to Company Personal Data; and
184.108.40.206 to ensure any individuals with access to Company Personal Data have been authorised and have a need to access the data, are bound by appropriate confidentiality obligations, have undergone appropriate training in the protection and handling of Personal Data, and are required to comply with obligations as strict as yours hereunder.
16.5.12 During the time Company Personal Data is in your possession, you shall immediately forward to us any request for access, complaint, notice, or other communication from a Data Subject or governmental authority in connection with Company Personal Data (“Communication”).
16.5.13 You shall reasonably cooperate with us in connection with a Communication and shall seek our prior approval before responding to a Communication.
16.5.14 You shall comply with all reasonable requests from us to provide all information necessary to demonstrate compliance with Data Protection Laws, including allowing for and contributing to audits and inspections by us.
16.5.15 You shall promptly notify us of any breach of security or any Personal Data Breach, as defined in the Data Protection Laws, but in no event later than twenty-four (24) hours after discovery.
17 Additional terms which apply
In addition to these terms, there are a number of related policies which you must comply with which are available to view in the resource centre of the Portal.
18 Changes to these terms
18.1 We may need to change these terms to reflect changes in law or best practice, or to deal with new services which we introduce, to reflect changes in our business or the terms on which we wish to contract services on. Where we wish to make changes pursuant to this clause 18.1, we will notify you in writing (which may include email).
18.2 We may agree with you a change to the fees pursuant to clause 14.1 (including orally).
18.3 Save as (i) described in clauses 18.1 and 18.2 or (ii) otherwise expressly stated in these terms, no variation of this contract (including changes to these terms) shall be effective unless it is in writing and signed by or on behalf of the parties.
19 Other important terms
19.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 30 days of us telling you about it and you will refund us any monies acquired in advance for services not provided.
19.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the person whom you transfer your rights to does not successfully submit an application.
19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Set off. We may set off, withhold or deduct from any sums that we owe to you pursuant to this contract against any sums that you owe to us pursuant to this contract.
19.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.6 The terms set out in these terms and conditions, the relevant assignment, the applicable Portal listing and any applicable activity brief (as displayed on the Portal or otherwise provided by us to you) are the entire agreement between you and us in relation to the subject matters of these terms and conditions. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in such documents.
19.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts. If you live in Scotland, you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts.