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Before adding a new staff member you will need the following...

  • Chest, Waist, Collar, Inside/Outside Leg measurements in inches
  • Some pictures
  • About 10 mins!

And these declarations:

TERMS OF ARRANGEMENT

BETWEEN CHARGE AGENCY LIMITED (AN EMPLOYMENT BUSINESS)

AND THE WORK-SEEKER

(in compliance with the Conduct of Employment Agencies and Business Regulations 2003)

1.0 Parties To This Arrangement

The parties to this Terms of Arrangement are:

Charge Agency Limited, a company registered in England (registration number 07823022), whose registered office is at Rotterdam House, 116 Quayside, Newcastle Upon Tyne, NE1 3DY3 (hereafter referred to as CHARGE), acting as an Employment Business;

And,

You, as the Work-Seeker (hereafter referred to as ‘you’), by virtue of you registering with CHARGE as a Work-Seeker.

As parties to this Arrangement, the terms of this Arrangement shall apply as long as you remain registered as a Work-Seeker with CHANGE, subject to any amendment from time to time, as deemed necessary by CHANGE.

2.0 Definitions

In the following definitions, any reference to the singular shall also be taken to refer to the plural.

‘Arrangement’ means the specific terms as described in this document in respect of the relationship that will exist between CHARGE and you.

‘Assignment’ means a specific, temporary period of work with a Hirer, organised by CHARGE for you and thereafter notified to you in writing separately in respect of each specific Assignment.

‘Client’ means any person, firm or corporate body that requests CHARGE to provide them with temporary personnel.

‘Hirer’ means that specific Client to whom you are supplied to carry out work through an Assignment.

‘Intellectual Property Rights’ means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

‘Temporary Work’ means a period of work to be undertaken by you either for a fixed duration, or for a period up to a given maximum length of time or specified date, or for an indefinite period, as detailed within the Contract For Services issued for that particular Assignment.

‘Work-Seeker’ means a person who has registered their details with CHARGE specifically for the purpose of obtaining Temporary Work.

3.0 Relationship Between The Parties And Their Obligations

3.1 CHARGE operates as an Employment Business in compliance with the terms of the Conduct of Employment Agencies and Business Regulations 2003), and maintains the standards of those Conduct Regulations.

3.2 You have registered with CHARGE and provided them with your personal details for the purpose of them seeking suitable Temporary Work on your behalf and where such work is available, the opportunity to offer and provide such suitable Temporary Work to you, in the form of an Assignment. However, it shall be clear that CHARGE is under no obligation to find and/or offer you Temporary Work.

3.3 Nothing in this document shall be deemed to constitute an offer of work made by CHARGE, or offer of any other relationship such as an Agent or Partner.

3.4 Where CHARGE find and offer you Temporary Work in the form of an Assignment, it shall be clear that you are under no obligation to accept that Assignment.

3.5 You indemnify CHARGE and hold CHARGE harmless in respect of all and any liabilities, losses, expenses, costs, claims or damages incurred or suffered by you as a result of entering into these terms with CHARGE, or arising directly or indirectly as a result of any breach by you of any of these terms, or any negligent act or omission on your part; unless the same is due to a proven negligent act or omission by CHARGE.

3.6 Confidential Information

In respect of Confidential Information which is made clear to you as being Confidential Information or which could reasonably be considered to be recognised as Confidential Information, you will maintain as confidential that information disclosed to you or otherwise becomes known to you, in respect of CHARGE and/or any Client. Except in the proper performance of your obligations under this Agreement, any Assignment, during or after the end of any Assignment:

  1. you shall not divulge, communicate or otherwise make use of Confidential Information to any person or persons, except those whose province it is to know the same;
  2. you shall not use Confidential Information for any purpose other than is directly related to the performance of the Assignment, without obtaining the prior written agreement of the disclosing party;
  3. you shall not, through any failure to exercise all due care and diligence, cause any unauthorised disclosure of Confidential Information;
  4. you shall use all reasonable endeavours to prevent the publication or disclosure of any Confidential Information.
  5. The provisions of 3.6 apply to technical and commercial information, intellectual property, as well as goodwill and know-how contained within the disclosed information and supplementary or supporting data howsoever communicated.
  6. The provisions of 3.6 do not apply either to any information that is in the public domain, nor to information which the receiving party can demonstrate was already lawfully in their possession prior to its disclosure by the other party, or acquired without the direct or indirect involvement of the disclosing party.

3.7 You will refer any unsolicited requests or expressions of interest whatsoever made by or on behalf of any Client for the provision of services or the carrying out of work by you of which you become aware, immediately thereafter to CHARGE.

3.8 You will not at any time during any Assignment nor for 12 months thereafter directly or indirectly interfere with, seek, canvass, solicit or entice any business, orders or customer from any Client of CHARGE with whom you have been involved through Assignment, or persons and/or organisations with whom CHARGE were in consultation with a view to those persons and/or organisations becoming Clients with whom you had contact during the last 12 months preceding termination of the Assignment (or the duration of the Assignment if less than 12 months), to the intent that any of them cease to patronise CHARGE or to the intent of directing their custom elsewhere.

4.0 Work-Seekers Information

4.1 As part of the process whereby CHARGE accept your registration as a Work-Seeker, and before CHARGE will consider seeking any Assignment on your behalf, you are required to satisfy CHARGE of your eligibility to work within the UK. Any documents as requested hereunder must be supplied as Originals to allow CHARGE to validate their integrity, take copies/scans and they will then be returned to you.

4.2 You must submit to CHARGE either:

  • Your Passport;

or, any two documents from the following list:

  • An Immigration Status Document.
  • A full birth certificate issued in the UK.
  • A full adoption certificate issued in the UK.
  • A birth certificate issued in the Channel Islands, Isle of Man or Ireland.
  • An adoption certificate issued in the Channel Islands, Isle of Man or Ireland.
  • A certificate of registration or naturalisation as a British Citizen.
  • A letter issued by the Home Office, the Border and Immigration Agency which indicates that the person names in it is allowed to stay indefinitely in the UK.
  • A Driving Licence issued by the UK DVLA.

4.3 You will need to provide any certificates, other written confirmation of training and qualifications, or information relating to your experience, or other necessary authorisations, as requested by CHARGE, to verify your suitability for the type of Assignments that you seek.

4.4 Where Charge deem it necessary or appropriate to obtain references from previous employers to verify your experience, you will be requested to provide sufficient details to CHARGE that provide for such reference requests to be made.

4.5 You will need to advise Charge of your National Insurance Number.

5.0 Assignments

5.1 Charge may offer you suitable Assignments on a non-exclusive basis, without being under any obligation to do so.

5.2 You recognise that the nature of working on an Assignment basis means that there may be periods when no suitable Assignment is available.

5.3 CHARGE shall have sole determination of the suitability of any Assignment to be offered to you.

5.4 CHARGE shall incur no liability for any failure to offer you the opportunity of Assignment or Assignments.

5.5 You will immediately withdraw from any Assignment provided to you by Charge, either before or during the course of that Assignment, where requested to do so by Charge, without any liability on the part of Charge.

5.6 Save in respect of remuneration due for hours worked and any authorised expenses incurred by you, you indemnify CHARGE and hold CHARGE harmless in respect of all and any liabilities, losses, expenses, cost claims or damages incurred, arising directly or indirectly as a result of any breach by you of any of the terms of your Assignment, or any negligent act or omission on your part whilst you are undertaking an Assignment, unless the same is due to a proven negligent act or omission by CHARGE.

5.7 Where you accept an Assignment and are engaged for work under a Contract For Services, throughout the duration of the Assignment you will adhere to the following obligations.

5.7.1 Co-operate with the Hirer’s staff and accept the direction, instruction and/or supervision of any responsible person as designated by the Hirer.

5.7.2 Observe any and all relevant rules and regulations applicable to the Hirer’s premises and operations, to which your attention has been drawn or of which you may reasonably be expected to be aware.

5.7.3 Unless specifically advised otherwise, conform to the normal hours of work in force at the Hirer’s premises.

5.7.4 Take all reasonable steps to maintain your own health and safety, and the health and safety of those persons who may be present or otherwise affected by your actions, and to take reasonable care of the property of the Hirer.

5.7.5 Not engage in any conduct detrimental to the interests of the Hirer or CHARGE.

5.7.6 When requested during the Assignment for whatever reason, or in any event, upon termination of an Assignment, you shall deliver to CHARGE or Hirer any books, documents, papers, materials, digital/electronic storage devices and other property (including copies thereof) belonging to or relating to the business of CHARGE or Hirer which may then be in your possession or under your control.

5.7.7 Comply with the stipulations in any health and safety risk assessment and/or training manual produced by CHARGE in relation to any Assignment, and observe and perform all reasonable written rules and regulations that Charge may notify to you in writing before or during any Assignment upon which you are engaged and which shall be deemed to form part of and be incorporated into these Terms.

5.7.8 Not use the telephone, fax, computer systems or data connection belonging to the Hirer or Client inappropriately or for personal gain or benefit.

5.8 Non Completion Of Assignment

Where you are unable or unwilling for any reason to commence or if applicable complete an Assignment, you must so inform CHARGE immediately to enable arrangements to be made for another suitable person to perform the services you would otherwise provide.

6.0 Type Of Work

6.1 CHARGE operates largely, but not exclusively, in the following sectors.

  • Promotion and assistance in marketing of consumer brands, products and services on behalf of commercial and industrial organisations, governmental agencies, public service organisations, and those agents working on their behalf; typically working in a public or other target audience facing capacity.
  • Provision of logistics services.
  • Provision of models, generally associated with promotional activity.

6.2 CHARGE will therefore seek work in these areas, recognising your experience, qualifications and skills in relation to available work, and your particular requests made in respect of the type of work you seek.

7.0 Contract For Services

7.1 Described within section 8 of this document is information that relates either, to specific terms and conditions that are applicable to each and every Assignment or, is provided in explanation of how certain terms and conditions will be detailed in the Contract For Services determined for each specific Assignment. These will then form the basis of a Contract For Services between the parties, and will therefore form part of the governance of the relationship between you and CHARGE, applicable to that specific Assignment offered to you by CHARGE and accepted by you in your acceptance of the offer of that Assignment. The terms as provided within this Arrangement will also continue to be an integral part of the governance of that relationship.

7.2 Section 9 hereunder draws reference to key principles of The Agency Workers Regulations 2010, which CHARGE observe as applicable to Assignments as a Temporary Worker.

7.3 A Contract For Services shall only apply for the currency of an Assignment. No Contract For Service shall exist between the parties whilst you are not undertaking an Assignment provided through CHARGE.

7.4 You will provide your services for each and every Assignment on the basis of being a Temporary Worker, and nothing in these Terms of Arrangement or a Contract For Services associated with any Assignment, shall be taken as meaning, construed or inferred as providing a Contract Of Services, or otherwise being an employee of CHARGE and/or the Hirer.

8.0 Terms and Conditions Applicable To Any Contract For Service

8.1 Details of Hirer

CHARGE will notify you of details of the Hirer in relation to each Assignment.

8.2 Fees

Your fee is based on an hourly rate and it must be accepted that it may vary by nature of the Assignment and the Hirer. However, your hourly rate will be at least the National Minimum Rate. The Contract For Services will specify that actual rate for that Assignment

8.3 Payment Of Fees

8.3.1 Commitment To Making Payment

CHARGE undertakes that it will make payment to you of your fees for all work done, regardless whether payment is received by CHARGE from the Hirer in respect of your Assignment.

8.3.2 Payment Intervals

During the Assignment, payment of fees will be made on a monthly basis providing that your invoice has been received by no later than the cut-off period as described in the CHARGE Payment Schedule (available online from our website, www.chargeagency.com, or available on request).

8.4 Submission of Invoices

To provide for the calculation and payment of fees owed, you will be required to submit a monthly invoice which must be received in the CHARGE office by no later than the time/date specified on the CHARGE Payment Schedule, for that period. That invoice may include for all work carried out by you up to and including the cut-off date as specified on the CHARGE Payment Schedule. Your invoice must be accompanied by all supporting documentation including duly authorised timesheets clearly indicating the number of hours worked per day for each day within the period covered by the invoice. It is your responsibility to get a timesheet duly authorised and submitted. Any failure to observe the CHARGE Payment Schedule may result in delays to payment of fees being made to you.

8.5 Expenses

Any claim for authorised expenses must be submitted on your invoice as described in 8.4, along with the accompanying VAT receipts.

8.6 You are provided with any Assignment on the basis that you are a Temporary Worker and as such, Fees will be paid subject to deductions in respect of Class 1 National Insurance Contributions and Income Tax and any other deductions which we may be required by law to make; unless you are Self Employed and you are paid though a reputable ‘Umbrella’ company; or your services are provided through a Limited Company.

8.7 Where your services are provided through an ‘Umbrella Company or a Limited company, they will receive payments in gross from CHARGE together with any VAT thereon where applicable, subject to the delivery of a invoice, including VAT where applicable, addressed to and in the name of Charge Agency Limited.

8.8 You are not entitled to receive payment from us or any Hirer for any time not spent on Assignment or absent from the Assignment.

8.9 Working Time

If you are over 18 years of age, you agree to opt-out of the Working Time Regulations in respect of the average 48 hours maximum per week. You can opt back in at any time if you change your mind. To do so, you must provide CHARGE with three months written notice to end this opt-out clause.

8.10 Annual Leave

8.10.1 CHARGE’S holiday year runs from January to December. Under the Working Time Regulations 1998 you will be entitled to 28 days paid holidays per annum or pro-rated for the period of your Assignment, including bank and public holidays. Fees paid are inclusive of 12.03% in respect of your 28 days paid annual holiday due under the Working Time Regulations 1998. For the avoidance of doubt, your entitlement to holiday pay is met by the 12.03% enhancement to your Fee. As holiday pay is accrued as you work and receive your fees accordingly, holiday pay will not be paid at the time of taking the holiday.

8.10.2 All entitlements to leave must be taken during the course of the holiday year in which it accrues and none may be carried forward to the next year. Failure to take any holiday by the end of the holiday year in which the entitlement arises will result in such outstanding holiday being forfeited.

8.10.3 You may not take more holiday leave than you have accrued at the time of such holiday.

8.10.4 Holidays must be taken at time acceptable to CHARGE and the Hirer, and must be approved in advance by the Hirer and charge. You will be required to notify CHARGE and Hirer IrerHirerat least 2 weeks' prior to the commencement of the requested leave.

8.11 Termination Of Assignment

You may terminate an Assignment at any time during an Assignment by giving CHARGE no less than one week's notice in writing. If you fail to complete the Assignment, or fail to attend work for an unacceptable reason, the Assignment shall thereupon terminate and all outstanding remuneration shall become payable.

8.12 Cancellation Policy

8.12.1 Where your Assignment is cancelled by the Hirer or CHARGE through no fault of yours;

  • you will be paid 100% of your Fees for work cancelled within 24hrs of start of working hours;
  • you will be paid 50% of your Fees for work cancelled within 72hrs of start of working hours.

8.12.2 Therefore, for example, if you were booked for 5 consecutive days work and all 5 days were cancelled within 24hrs of the start of working hours you would receive:

  • 100% of your Fees for day 1;
  • 50% of your Fees for days 2 and 3;
  • 0% of your Fees for days 4 and 5.

8.12.3 The cancellation fees do not apply to the whole length of the Assignment.

9.0 General Conditions Attached To Assignments

9.1 The following provisions are described as generally applicable to Assignments under

the Equal Treatment Regulations and are applicable where the Hirer has comparable employees, i.e. directly employs personnel whose work is directly similar to that performed by you.

9.1.1 Where the Hirer has comparable employees, you are entitled to have access to the facilities made available to those employees from the first day of your Assignment.

9.1.2 Where the Hirer has comparable employees, you are entitled to equal treatment from the end of week twelve in respect of certain terms and conditions:

  • pay;
  • holidays;
  • night work;
  • rest periods;
  • duration of working time.

9.2 Save for the provisions of 9.1.1 and 9.1.2, and the specific circumstances in which they apply as described, the default position in respect of the terms and conditions applicable to each and every Assignment are described in the Contract For Services as issued in respect of each Assignment.

10.0 Charge Agency Limited Code of Conduct

10.1 CHARGE agency takes pride is supplying great Temporary Workers to our campaigns and events as well as being able to offer great Assignments. The points listed in the code of conduct below are largely industry standard practices that must be adhered to when undertaking a paid Assignment from CHARGE. By undertaking a paid Assignment with CHARGE you agree to comply with the following code of conduct.

10.2 It is expected that all Temporary Workers in whatever role, perform duties to a professional and satisfactory standard within the strict guidelines of the code of conduct. Failure to meet these strict expectations will be treated as a breach of contract and may result in CHARGE seeking financial redress for any consequential damages, prosecution and/or taken off the CHARGE books.

10.3 In addition to the points listed below, all Temporary Workers are expected to generally carry out their role (as outlined on acceptance of an Assignment) in a professional manner. Temporary Workers must take instruction and direction from CHARGE, the Event Manager and Hirer at all times.

10.4 Crucially, Temporary Workers must represent the brand, Hirer and CHARGE at all times during work hours and to all parties.

10.5 Appearance

  • Uniforms must be worn during work hours.
  • Uniforms are to be kept in a pristine and clean condition at all times.
  • Uniforms are to be covered during break times.
  • Always ensure you are presentable and well groomed.
  • Men must be clean shaven or have neat and well-kept facial hair.
  • Makeup, if worn, should be natural and minimal unless specified.
  • Closed, well maintained, shoes to be worn at all times.
  • Long hair to be tied back at all times (not covering branding on uniform) unless otherwise instructed.
  • Nails to be clean and free from nail varnish.
  • Wearing jewellery is not permitted (this includes visible body piercings); wedding rings, watches and very small religious symbols (which should be worn under clothing) are the only exceptions.

10.6 General Conduct

  • You must adhere to booking guidelines at all times.
  • You must take all steps necessary to fully understand any campaign information, messages or objectives before live hours commence.
  • If you are late you must call both the Event Manager and CHARGE.
  • Uniforms are to be returned and returned on time.
  • Do not use or talk on mobile phones during working hours. Any calls or texts should be made during break times.
  • Mobile phones should be placed on silent during working hours.
  • Do not chew gum, eat or drink whilst on duty.
  • Do not smoke whilst on duty or in uniform.
  • Do not turn up to work with a hangover.
  • Any prescribed medication that may affect your performance must be alerted to your event manager.
  • You must carry out all duties in accordance with data protection requirements.
  • Health and hygiene standards must be maintained including:
  • not coughing or sneezing over products;
  • wearing wash-proof plasters over cuts;
  • washing hands regularly when dealing with food or drinks products;
  • keeping hands away from the mouth, ears and nose when working with food or drinks products.

10.7 Major breaches of conduct (include but not exclusive)

(Major breaches of conduct will result in being blacklisted with CHARGE and where the law has been broken, offenders will be prosecuted to the full extent of the law).

  • Theft, including stock or any event specific items. Theft will result in prosecution and CHARGE adopts a zero tolerance approach to this matter.
  • Do not discuss rates with the Hirer or other Clients, work directly with a Hirer or Client or contact a Hirer or Client, save as required for the performance of your role.
  • Do not drink alcohol or take drugs whilst on duty.
  • Replacing yourself with someone else for a job you are booked on.
  • Not showing up on a job without calling in advance.
  • Leaving a job early without consent.
  • Dumping leaflets.
  • Fabricating figures or staging results.
  • Causing damage to a supplied vehicle without informing CHARGE and your event manager.
  • Causing damage to any property owned or supplied by CHARGE and/or the Hirer or other Client without informing CHARGE and your event manager.

10.8 Fees, Invoicing and HMRC Regulations

  • You agree to invoice accurately, with all necessary detail and within deadlines outlined in the Charge Payment schedule (available online from our website, www.chargeagency.com, or available on request). Failure to do so may result in a delay to payments made.
  • You agree to be responsible for invoicing CHARGE for Assignments as outlined in the Charge Payment Schedule and guidelines (available online from our website, www.chargeagency.com, or available on request).
  • You agree to operate within the regulations of HMRC and assist CHARGE in compliance with those same guidelines.

11. Data Protection

11.1 In accordance with the Data Protection Act 1998 you give consent for CHARGE to obtain and process your personal data for activity management, research and payroll purposes, or where otherwise allowed, under legislation dealing with the

disclosure of information such as the Data Protection Act 1998, to disclose confidential information about a Work-Seeker or Temporary Worker.

11.2 CHARGE will not disclose information relating to you to any current employer without your prior consent

11.3 You hereby warrant to CHARGE the accuracy of the personal data that you provide to CHARGE and to maintain the accuracy of such data whilst you remain registered with CHARGE, you being responsible for advising Change of any changes.

11.4 Such personal data as is held by CHARGE is available to you upon request.

12.0 Intellectual Property

12.1 You assign to CHARGE with full title guarantee all existing and future copyright rights, registered designs, design rights, trade marks, patent applications for (and the right to apply for) any of the foregoing and all other intellectual property rights (including any rights which may from time to time become the subject of protection by the law, in any part of the world), for the full term of such rights and any extensions or renewals thereof in any works supplied to or created by you for an on behalf of Charge.

12.2 You shall execute and do all such acts, matters, documents and things as may be necessary or reasonably required in CHARGE’S discretion and cost, to obtain any protection of the Intellectual Property Rights and to vest in CHARGE title to such rights in, or relating to, your services, and CHARGE may effect and be responsible for the registration and other protection of such work as it thinks fit.

13.0 Third Parties

13.1 Nothing in these Arrangements governed by these terms shall confer or purport to confer on any third party any benefit or the right to enforce any term of any agreement governed by these terms for the purposes of the Contracts (Rights of Third Parties) Act 1999.

14.0 Governing Law

14.1 These Terms are governed by the laws of England and Wales and are subject to the jurisdiction of the Courts of England and Wales.

14.2 Severability

In the event that any one or more of the provisions contained in these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms, which shall be construed as if such invalid, illegal or unenforceable provision or part thereof had never been contained herein.

15.1 Acceptance of The Terms Of This Document

15.1 By:

  • submitting your personal details to CHARGE;

You:

  • register with CHARGE to use the services of CHARGE to seek work on your behalf;
  • acknowledge that you have read the terms described in this document;
  • accept the Terms as detailed in this document, in their entirety;
  • accept that your personaldetails will be maintained on record by CHARGE.

 

* I have read and fully understand the CHARGE agency Ltd. Terms of Arrangement. I, by ticking this box, agree to the Terms of Arrangement and agree to, and understand, the relationship it outlines between myself and CHARGE agency Ltd.

* I declare that I am fully eligible to work in the UK and can prove my eligibility.


CHARGE agency Ltd.
Rotterdam House
116 Quayside
Newcastle Upon Tyne
NE1 3DY
Email: info@CHARGEagency.com
Freephone: 0800 066 2080
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Reg: 07823022
VAT: 129 5955 74