Class People

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A reference to "Class People" is a reference to LB Education Services Ltd t/a Class People incorporated and registered in England and Wales with company number 04888231 whose registered office is at 7th Floor, Eagle Tower, Montpellier Drive, Cheltenham, Gloucestershire, GL50 1TA. A reference to the "Client" or "you" is a reference to you.

You should print a copy of these terms or save them to your computer for future reference.

Please read these terms of use carefully before you confirm acceptance to these terms, as these will govern the legal relationship between Class People and you. Class People recommends that you print a copy of this for future reference.

By clicking acceptance to these terms, you confirm that you accept these terms and that you agree to comply with them and they will be considered legally binding.

 

1.1              The definitions and rules of interpretation in this clause apply to this agreement.

"Assignment"

shall have the meaning set out in clause 3.

"AWR 2010"

the Agency Workers Regulations 2010 (SI 2010/93).

"Business Day"

a day other than a Saturday, Sunday or public holiday when banks in London are open for business.

"Commencement Date"

the date of this Agreement.

"Conduct Regulations 2003"

the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319).

"Engage"

the employment of a Temporary Worker or engagement directly or indirectly through any employment business other than through Class People (whether for a definite or indefinite period) as a direct result of any Introduction or Assignment to the Client and the terms Engaged or Engagement shall be construed accordingly.

"Extended Assignment"

shall have the meaning set out in clause 4.2.

"Introduce"

the provision to the Client of information by Class People by way of a curriculum vitae or in such format as the Client may from time to time require which identifies the Worker and Introduction and Introduced shall be construed accordingly.

"Introduction Fee"

shall have the meaning set out in Schedule 1.

"Qualifying Temporary Worker"

any Temporary Worker who at the relevant time is entitled to the rights conferred by regulation 5 of the AWR 2010 and in particular has been provided to the Client (whether by Class People or any third party) for the Qualifying Period and in respect of whom Class People has complied with its obligations under clause 2.

"Qualifying Period"

means the 12-week qualifying period as defined in regulation 7 of the AWR 2010, subject to regulations 8 and 9 of the AWR 2010.

"Relevant Period"

in accordance with the Conduct Regulations 2003, the later of:

(a)        8 weeks and 1 day following the last day which the Temporary Worker worked for the Client pursuant to the terms of this agreement; or

(b)        14 weeks following the first day which the Temporary Worker worked for the Client pursuant to the terms of this agreement (subject always to regulation (6) of the Conduct Regulations 2003).

"Relevant Terms and Conditions"

the relevant terms and conditions for any particular Qualifying Temporary Worker as defined in regulation 6 of the AWR 2010.

"School Term"

each of the six terms in each academic year which comprise the autumn term, spring term and summer term.

"Screen"

carry out pre-vetting checks to the level and criteria as required by the Client from time to time and Screening shall be construed accordingly.

"Temporary Worker"

a Worker Introduced and supplied by Class People to the Client to provide services to the Client not as an employee of the Client, who is deemed to be an agency worker for the purposes of regulation 3 of the AWR 2010.

"Temporary Worker Fees"

shall have the meaning set out in clause 6.1.

"TUPE"

the Transfer of Undertakings (Protection of Employment) Regulation 2006 (SI 2006/246).

"Unsatisfactory Temporary Worker"

has the meaning set out in clause 5.2.

"VAT"

value added tax chargeable under the Value Added Tax Act 1994.

"Vulnerable Person"

shall have the meaning set out in regulation 2 of the Conduct Regulations 2003.

"Worker"

an individual worker, or, where the worker is a company or other legal entity including the individual worker, as the case may be including any of Class People's own employees, workers or agency staff.

1.2              A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.

1.3              The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.

1.4              A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.5              A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.6              A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.7              A reference to writing or written includes fax and e-mail.

1.8              Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.9              A reference to this agreement or to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.

1.10           References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs are to paragraphs of the relevant Schedule.

1.11           Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.1              These terms set out the agreement between Class People and the Client for the supply of Temporary Workers by Class People to the Client. For the purposes of the Conduct Regulations 2003, Class People acts as an employment business in relation to the Introduction and supply of Temporary Workers pursuant to this agreement.

2.2              Class People agrees to Screen all Workers and Introduce to the Client only Workers who meet the minimum criteria for the position as set out by the Client in accordance with clause 3.

2.3              Where a Worker is required by law or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves working with any Vulnerable Persons, Class People will take all reasonably practicable steps to obtain, and offer to provide copies of, any relevant qualifications or authorisations and two references. Class People will also take all reasonably practicable steps to confirm that the Worker is suitable for the Assignment. If Class People is unable to fully comply with these requirements, it shall inform the Client of the steps it has taken to supply the necessary information.

2.4              Prior to the commencement of the Assignment, Class People will send the Client written confirmation of:

2.4.1          the identity of the Temporary Worker;

2.4.2          the Temporary Worker's experience, training, qualifications and authorisations necessary for the Assignment;

2.4.3          the Temporary Worker's willingness to carry out the Assignment;

2.4.4          the hourly rate charged by Class People in accordance with clause 6.1;

2.4.5          any notice period to terminate the contract; and

2.4.6          the intervals at which invoices shall be rendered to the Client by Class People.

3.1              When making a request for the provision of a Temporary Worker to perform certain services ("Assignment"), the Client will give Class People details of:

3.1.1          the date on which the Client requires the Temporary Worker to commence work and the duration, or likely duration, of the work;

3.1.2          the position which the Client seeks to fill, including the type of work the Temporary Worker in that position would be required to do, the location at which, and the hours during which, the Temporary Worker would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;

3.1.3          the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for the Temporary Worker to possess in order to work in the position; and

3.1.4          any information reasonably required by Class People whether in general or in order for Class People to fulfil its obligations under the AWR 2010, and any other obligations it has.

3.2              During each Assignment the Client will:

3.2.1          supply any relevant information Class People requires to enable Class People to comply with its duties under the Working Time Regulations 1998, the AWR 2010, and any other obligations it has; and

3.2.2          comply with its obligations under regulation 12 (access to collective facilities and amenities) and regulation 13 (access to employment) of the AWR 2010.

4.3              Where the Client decides (in accordance with clause 4.2) to have the Temporary Worker supplied by Class People for the Extended Assignment:

4.3.1          the Temporary Worker Fees payable by the Client during the Extended Assignment shall be those applicable immediately before Class People received the Client's notice of election;

4.3.2          at the end of the Extended Assignment, the Client may Engage the Temporary Worker without paying the Introduction Fee; and

4.3.3          if the Client chooses an Extended Assignment, but engages the Temporary Worker before the end of the Extended Assignment, the Introduction Fee may be charged by Class People, reduced proportionately to reflect the amount of the Extended Assignment paid for by the Client.

5.1              Class People shall notify the Client immediately if it believes that any Temporary Worker is unsuitable for the Assignment or becomes aware of any matter that indicates that an Temporary Worker may be unsuitable for the Assignment or is inconsistent with any information previously provided including where a Temporary Worker ceases to have the appropriate skills, approvals or a right to work in the United Kingdom or where this agreement may be or has been breached.

5.3              If the Client notified Class People of an Unsatisfactory Temporary Worker in accordance with clause 5.2:

5.3.1          within 24 hours of the commencement of the Assignment, then the Assignment will immediately terminate and no Temporary Worker Fees shall be payable, and

5.3.2          in all other cases the Assignment shall terminate at the end of the day on which Class People was notified, and Temporary Worker Fees shall be payable up to the date of such termination.

5.4              Class People may terminate an Assignment at any time without prior notice and without liability. The Client may terminate and Assignment at any time without liability and upon giving reasonable notice. The Client reserves the right to change its requirements at any time before the commencement of the Assignment without any liability of the Client to Class People whatsoever, save for the payment of Temporary Worker Fees due and payable for services already performed. Such cancellation or amendment shall be effective immediately upon the giving by the Client of notice to Class People (which may be given by telephone, e-mail or in writing).

6.1.1          they are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour);

6.1.2          the minimum period of any Assignment shall be seven hours;

6.1.3          the Client shall during the Assignment sign a time sheet verifying the number of hours worked by the Temporary Worker during a particular week. If the Client is unable to sign a time sheet produced for authentication by the Temporary Worker because the Client disputes the hours claimed, the Client shall inform Class People as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with Class People to enable Class People to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client of its obligation to pay the Temporary Worker Fees in respect of the hours actually worked;

6.1.4          it is acknowledged that the Client shall not decline to sign a time sheet on the basis that it is dissatisfied with the work performed by the Temporary Worker. In cases of unsuitable or unsatisfactory work the provisions of clause 5.2 shall apply.

6.1.5          all invoices shall be submitted with all applicable signed time sheets verifying the number of hours worked by the Temporary Worker;

6.1.6          the Client shall be invoiced weekly and invoices are payable within 14 days of receipt. No fee is incurred by the Client until the Temporary Worker commences the Assignment, when Class People will render an invoice to the Client in respect of the Temporary Worker Fees;

6.1.7          for the avoidance of doubt, the Client shall not be required to pay Temporary Worker Fees for any absences (for whatever reason) of a Temporary Worker;

6.1.8          Class People shall not withhold any payment due to a Temporary Worker because of any failure by the Client to pay Class People;

6.1.9          no increase in the fees payable under this agreement by the Client to Class People may be made without the Client's prior written consent.

6.2              Where applicable, Class People shall charge VAT to the Client, at the prevailing rate, after Class People has provided the Client with a VAT invoice.

6.3              If the Client fails to make any payment due to Class People under this agreement by the due date for payment, then, the Client shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.

This agreement shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with clause 8, until either party gives to the other party 3 School Term's notice to terminate, expiring on or after the first anniversary of the Commencement Date.

8.1              Without affecting any other right or remedy available to it, Class People may terminate this agreement with immediate effect by giving written notice to the Client if:

8.1.1          the Client commits a material breach of any term of this agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of receipt of notice in writing to do so;

8.1.2          the Client repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;

8.1.4          the Client commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

8.1.6          any event occurs, or proceeding is taken, with respect to the Client in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 8.1.3 to clause 8.1.5 (inclusive);

9.1              Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

9.2              Termination of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

10.1           To the extent that any data or information belonging to the Client is personal data within the meaning of the Data Protection Act 1998 or equivalent legislation in the territory:

10.1.1       Class People will process such data and information only in accordance with the Client's instructions;

10.1.2       Class People will not transmit such data and information to a country or territory outside the European Economic Area without the Client's prior express written consent; and

10.1.3       Class People will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the Client as data controller.

Class People shall have no liability towards the Client in connection with the Assignment of the Temporary Worker or any other term of this Agreement and the Client shall indemnify Class People against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Class People arising out of or in connection with the Assignment of the Temporary Worker or any other term of this Agreement.

Neither party shall assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights and obligations under this agreement without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).

14.1           The Client will act in good faith towards Class People and the Workers.

14.2           The Client will not act in any manner specifically designed to avoid the payment of any monies payable by the Client to Class People under the terms of this Agreement.

14.3           For the avoidance of doubt, a breach of this clause 14 by the Client shall be considered a material breach.

15.1           Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

15.2           Each party confirms it is acting on its own behalf and not for the benefit of any other person.

16.1           This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

16.2           Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

16.3           Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

16.4           Nothing in this clause shall limit or exclude any liability for fraud.

No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.

18.1           Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be:

18.1.1       delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

18.1.2       sent by fax to its main fax number.

18.2           Any notice or communication shall be deemed to have been received:

18.2.1       if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

18.2.2       if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.

18.2.3       if sent by fax, at 9.00 am on the next Business Day after transmission.

18.3           This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall not include e-mail.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

21.1           If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

21.2           If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

THIS DOCUMENT BECOMES LEGALLY BINDING ON THE DATE WHICH THE CLIENT CLICKS AGREEMENT TO THESE TERMS.

 

 

 

Schedule 1

 

In this Schedule the following words have the following meanings:

"Deemed Annual Remuneration"            the Remuneration actually paid to the Temporary Worker multiplied by such amount in order to calculate the Remuneration the Temporary Worker would have received had they worked for a 12 month period.

"Remuneration"                              any wage, salary, pay (whether hourly or otherwise), fee, bonus, commission, holiday pay or other compensation referable to the Temporary Worker's placement, employment or engagement by the Client, whether payable under their contract or otherwise.

The Introduction Fee shall be:

  • 17.5% of the Remuneration paid to the Temporary Worker during the first 12 months of the Assignment; or
  • If the Temporary Worker has not been engaged for 12 months; 17.5% of the Deemed Annual Remuneration.

For example, if the Temporary Worker's was 4 months into an Assignment when the Client Engages the Temporary Worker, the Deemed Annual Remuneration will be the Remuneration actually received multiplied by 3 (4 months multiplied by 3 calculates the 12 month Remuneration received).

If the Temporary Worker Remuneration for the 4 month period was £10,000.00 gross, the Deemed Annual Remuneration would be £30,000.00.

The Introduction Fee would therefore be 17.5% of £30,000.00 - £5,250.00.

 

 

 

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Terms and Conditions

© 2016 Class People Terms & Conditions | Privacy Policy | Sitemap Marketing
Class People is a trading name of LB Education Ltd | Company No. 4888231 | VAT No. 826366121
7th Floor, Eagle Tower, Montpellier Drive, Cheltenham, Gloucestershire. GL50 1TA
© 2016 Class People
terms & conditions | privacy policy | sitemap
Class People is a trading name of LB Education Ltd
Company No. 4888231 | VAT No. 826366121
7th Floor, Eagle Tower, Montpellier Drive Cheltenham, Gloucestershire. GL50 1TA