Terms and Conditions
These terms and conditions govern your use of Telepower's website. Please read through the Terms. If you do not agree with the Terms, do not use this Website. If you do use the Website, your conduct indicates that you agree to be bound by the Terms.
Conditions of your use of this Website
Except as stated below, the contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of Telepower. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to "caching" any material on this Website for access by third parties and "mirroring" any material on this Website.
You may print or download to disk the contents of an individual page of this Website for the purpose of private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the content in this Website for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.
Exclusion of Telepower's liability
The information contained in the material in this Website is only for information purposes. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. Telepower does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website or the reliability of the access to this Website.
In no event do we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from use of or inability to use this Website. Telepower makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program.
The pages contained in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
Other's advertisements
This Website contains material submitted and created by third parties. Telepower excludes all liability for any illegality arising from or error, omission or inaccuracy in such material.
This Website also contains links to other websites which are not under the control of and are not maintained by Telepower. Telepower is not responsible for the content of those sites. Telepower provides these links for your convenience only but does not necessarily endorse the material on these sites.
Data Protection and Privacy
Any details which you provide to us from which we can identify you are held and processed in accordance with our Data Protection Registration.
Law governing the Terms
Use of this Website and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
Jurisdiction
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and its use and these Terms.
Where national regulatory authorities have jurisdiction over the contents of this Website, Telepower has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
If you have any queries then please contact us.
Unless otherwise specified the copyright in the contents of all the pages in this Website are owned or licensed to Telepower or the artists advertising within.
Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
Hypertext Links
Telepower cannot and has not reviewed all of the sites linked to this Site and cannot be liable for their content. Users link to other sites at their own risk and use such sites according to the terms and conditions of use of such sites.
Transmitted Material
Any material/information transmitted/posted to this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by Telepower for any purpose whatsoever including not limited to developing, manufacturing and marketing products. Do not post/transmit to or from this Site any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability in the territory to which this Site relates.
Contract for Services for Temporary Workers & Permanent Recruitment
1 DEFINITIONS
1.1 In these terms the following definitions apply:
"Assignment" means the period during which the Temporary Worker is supplied to render services to the Client;
"Client" means the person, firm or corporate body requiring the services of the Temporary Worker together with any subsidiary or associated company as defined by the Companies Act 1985;
"Employment Business" means Telepower (UK) Ltd, trading as Telepower of Abford House, 15 Wilton Road, London SW1V 1LT;
"Relevant Period" means the longer period of either 14 weeks from the first day on which the Temporary Worker worked for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client.
I DECLARE THAT THE INFORMATION I HAVE GIVEN IS TRUE AND CORRECT AND THAT I HAVE READ AND UNDERSTAND THESE TERMS OF ENGAGEMENT. I UNDERSTAND THAT ANY MISREPRESENTATION OR OMISSION OF ANY MATERIAL FACT OR DECEPTION WILL BE CAUSE FOR IMMEDIATE CANCELLATION OF CONSIDERATION FOR EMPLOYMENT, OR DISMISSAL IF I AM ALREADY IN EMPLOYMENT.
FURTHERMORE I AUTHORISE THE EMPLOYMENT BUSINESS/AGENCY AND ITS SUBSIDIARIES TO: REPRESENT ME IN MY JOB APPLICATION FOR EMPLOYMENT AND TO FORWARD MY CV AND DISCUS PSYCHOMETRIC PROFILE TO POTENTIAL EMPLOYERS; TAKE UP REFERENCES AND TO GIVE ITS CLIENTS RELEVANT INFORMATION RELATING TO MY EMPLOYMENT DETAILS OR THIS APPLICATION; OBTAIN CREDIT REFERENCES FOR THE PURPOSE OF ASSIGNMENTS.
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2 THE CONTRACT
2.1 These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments.
2.2 For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Employment Business is required to make statutory deductions from his/her remuneration in accordance with clause 4.1.
2.3 No variation or alteration of these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Temporary Worker and set out in writing and a copy of the varied terms is given to the Temporary Worker stating the date on or after which such varied terms shall apply.
3 ASSIGNMENTS
3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to work as a Telemarketer/Administrator. The Temporary Worker shall not be obliged to accept an Assignment offered by the Employment Business.
3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment.
3.3 At the same time as an Assignment is offered to the Temporary Worker the Employment Business shall inform the Temporary Worker of the identity of the Client and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Temporary Worker; any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition, the Employment Business shall inform the Temporary Worker what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.
3.4 Where such information is not given in paper form or by electronic means, it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Temporary Worker.
3.5 For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Temporary Worker commences the first Assignment.
3.6 If, before the first Assignment, during the course of an Assignment or within the Relevant Period, the Client wishes to employ the Temporary Worker direct or through another employment business, the Temporary Worker acknowledges that the Employment Business will be entitled to either charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business without further charge to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker within the Relevant Period.
4 REMUNERATION
4.1 The Employment Business shall pay to the Temporary Worker remuneration calculated at a minimum hourly rate of £6.00, being the minimum rate of remuneration that the Employment Business reasonably expects to achieve, for all hours worked. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, subject to deductions in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions and any other deductions which the Employment Business may be required by law to make.
4.2 Subject to any statutory entitlement under the relevant legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
5 STATUTORY LEAVE
5.1 For the purposes of calculating entitlement to paid annual leave pursuant to the Working Time Regulations 1998 under this clause, the leave year commences on the date that the Temporary Worker starts an Assignment or series of Assignments.
5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 4 weeks' paid leave per leave year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
5.3 Where a Temporary Worker wishes to take paid leave during the course of an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances the Employment Business may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
5.4 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of payment which the Temporary Worker will receive, in respect of periods of annual leave taken during the course of an Assignment, will be calculated in accordance with and paid in proportion to the number of hours which the Temporary Worker has worked on Assignment. Payments for annual leave will be calculated on the basis of rates paid during a Client's normal working hours i.e those which do not attract overtime rates of pay.
5.5 In the course of any Assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of one-twelfth of the Temporary Worker's total holiday entitlement in each month of his leave year.
5.6 Where a Bank holiday or other public holiday falls during an Assignment the Employment Business may, at its discretion, request the Temporary Worker upon giving one week's notice to take a Bank Holiday or other public holiday as part of his/her paid annual leave entitlement.
5.7 Where this contract is terminated by either party and a P45 is requested, the Temporary Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 5.4 above.
5.8 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker's status as a self-employed worker.
6 TIMESHEETS
6.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client.
6.2 Subject to clause 6.3 the Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours.
6.3 Where the Temporary Worker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Client has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.
6.4 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Temporary Worker's working time shall only consist of those periods during which s/he is carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client's premises, lunch breaks and other rest breaks shall not count as part of the Temporary Worker's working time for these purposes.
7 CONDUCT OF ASSIGNMENTS
7.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if s/he does so, during every Assignment and afterwards where appropriate, s/he will:-
" Co-operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client's organisation;
" Observe any relevant rules and regulations of the Client's establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
" Take all reasonable steps to safeguard his/her own health and safety and that of any other person who may be present or be affected by his/her actions on the Assignment and comply with the Health and Safety policies and procedures of the Client;
" Not engage in any conduct detrimental to the interests of the Client;
" Not at any time divulge to any person, nor use for his or her own or any other person's benefit, any confidential information relating to the Client's or the Employment Business' employees, business affairs, transactions or finances.
7.2 If the Temporary Worker is unable for any reason to attend work during the course of an Assignment, he/she should inform the Client and/or Employment Business within one hour of the commencement of the Assignment or shift.
7.3 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why he/she may not be suitable for an Assignment, he/she shall notify the Employment Business without delay.
8 TERMINATION
8.1 The Employment Business or the Client may terminate the Temporary Worker's Assignment at any time without prior notice or liability,.
8.2 The Temporary Worker may terminate an Assignment at any time without prior notice or liability.
8.3 If the Temporary Worker does not inform the Client or the Employment Business (in accordance with clause 7.2) should they be unable to attend work during the course of an Assignment, this will be treated as termination of the Assignment by the Temporary Worker in accordance with clause 8.2 unless the Temporary Worker can show that exceptional circumstances prevented him/her from complying with clause 7.2.
8.4 If the Temporary Worker is absent during the course of an Assignment and the contract has not otherwise been terminated under clauses 8.1, 8.2 or 8.3 above, the Employment Business will be entitled to terminate the contract in accordance with clause 8.1 if the work to which the absent worker was assigned is no longer available for the Temporary Worker.
8.5 If the Temporary Worker does not report to the Employment Business to notify his/her availability for work for a period of three weeks, the Employment Business will forward his/her P45 to his/her last known address.
9 LAW
9.1 These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
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