Contract of Employment and Written Statement of Employment Particulars
The Employer : Ace Pro Services Ltd.
The Employee : <Name of the Employee>
1.
Date of Commencement
1.1. Your employment under the terms of this contract will commence on <DD/MM/YYYY>
1.2. No previous employment will be treated as continuous with your employment by Ace Pro Services
Ltd.
1.3. This offer is conditional on your proving, before your start date, that you have the legal right to work.
Failure to do so will result in the offer of employment being withdrawn.
3. FEES
3.1.
Payment will be done every fortnight directly into the bank account shared on the invoice. The
agreed rate of pay is £ 11 Per hour. Considering the services provided by The Contractor, The
Company will make payment at the agreed rate on the invoice submission within 7 days.
3.2.
The Contractor shall be responsible for all travel, subsistence, and other disbursements incurred in
the proper provision of the services and such sums shall not be reimbursed by The Company.
3.3.
The Contractor is responsible for accounting to the Inland Revenue and all other Authorities for all
taxes, National Insurance contributions, other insurance, and any other liabilities, charges, and
dues for which The Contractor is liable.
3.4.
The Fee shall be invoiced by The Contractor in arrears on a fortnightly basis.
3.5.
The Company will make payment of the Fee within 7 days of receipt of an invoice upon completion
of the work.
3.6.
If The Contractor is unable to carry out the services due to illness, accident, voluntary leave, Or
statutory, public, or local holiday or is unavailable for any other reason, The Contractor will not be
entitled to receive any fee in respect of the period of inability or unavailability.
3.7.
If The Contractor is unable to carry out the services due to illness, accident, voluntary
leave,
Or statutory, public, or local holiday or is unavailable for any other reason, The
Contractor will not be entitled to receive any fee in respect of the period of inability or
unavailability.
3.8.
Without prejudice to its other rights and remedies, The Company reserves the right to make
no payment or to make a part payment, in respect of any services of a standard below that
which The Company may reasonably expect from The Contractor.
4. DUTIES
4.1 The Contractor will provide services to The Company from the Commencement Date on a frequency
agreed between The Company and The Contractor.
5. DOCUMENTATION
5.1.
The Contractor is required to provide proof of Right to Work in the UK & Valid ID proof.
5.2.
On completion of any work on behalf of The Company, The Contractor must supply invoices to
The Company.
6. COPYRIGHT
6.1.
7.
DATA PROTECTION
7.1.
8.
The Contractor shall not, other than with the prior written consent of The Company, during or
after the termination, determination, or expiry of this Agreement disclose directly or indirectly
to any person, firm, company, or third party and shall only use for this Agreement, any
information relating to the Assignment, the Client, its business, trade secrets, customers,
suppliers or any other information of whatever nature which the Client or its customer or
nominee may deem to be confidential and which the Consultant has or shall hereafter become
possessed of.
BENEFITS
10.1.
11.
The Contractor will, for the General Data Protection Regulations, consent to the processing of
all or any personal data (in manual, electronic, or any other form) relevant to his engagement
by The Company and any Group Company and any agent or a third party nominated by The
Company and bound by a duty of confidentiality. Processing includes but is not limited to
obtaining, recording, using, and holding data and includes the transfer of data to any country
either inside or outside the EEA.
CONFIDENTIALITY
8.1.
10.
The copyright in any report, documentation, or information on whatever media, prepared by the
Contractor under this Agreement shall be the property of The Company notwithstanding
termination hereof unless otherwise expressly agreed in writing by The Company. Copyright
for The Contractor's standard templates, formats, and presentation styles remains with The
Contractor.
No other benefits such as holiday, sick pay, health, life insurance, or pensions will be payable
under this Agreement.
CONSULTANT’S WARRANTY
11.1. The Contractor warrants and represents to The Company that s/he is an Independent Contractor.
Nothing in this Agreement shall render The Contractor an employee, agent, or partner of The
Company, and The Contractor will not hold themselves out as such.
11.2
The Contractor will take out and maintain for the duration of this Agreement professional
indemnity insurance with a reputable insurance company that provides cover at a level of £2
million for liabilities arising from any negligence, reckless act, or omission on the Contractor’s
part whilst providing the services. The Contractor shall assume personal liability and shall
indemnify The Company from costs resulting from negligence, reckless acts, or omissions. For
purposes of this agreement 'liabilities' refers to any loss, costs (including legal costs), damages,
or expenses arising from negligence or reckless acts. (This clause is preferable or optional).
11.3.
The Contractor must ensure that, if a claim is made by a customer of The Company, The
Professional Indemnity Insurance he has taken out will indemnify The Company from liability.
(This clause is preferable or optional).
12.
11.4.
The Contractor shall, as and when requested to do so by The Company, provide evidence of
cover by professional indemnity insurance and provide evidence of renewal of this insurance
where appropriate. Documentation must be provided within 2 weeks of the request being
made. Failure to do so could result in the termination of this agreement. (This clause is
preferable or optional)
11.5.
The Contractor shall, at all times, ensure they are abiding by all terms and conditions set out in
the Professional Indemnity Insurance policy. The Contractor must notify The Company
immediately if coverage lapses for any reason. (This clause is preferable or optional).
VAT
12.1.
13.
The Contractor will register for value-added tax if and when required by law.
AUTHORITY
13.1.
The Contractor shall have no authority to commit The Company to any legally binding
commitments or contracts or to interfere in the running of The Company’s affairs or business.
14. RESTRICTIONS
14.1. The Contractor undertakes and covenants that they will not - without the previous consent in
writing of The Company for 12 months immediately following the termination of this
Agreement, howsoever terminated, negotiate with, solicit business from or endeavor to entice
away from The Company the business of any person, firm, company or organization who or
which to their knowledge is or was a customer, Client or agent of the Company, or who had
regular business dealings with The Company during 12 months immediately preceding the date
of termination and with whom they had direct dealings or personal contact in the course of
this Agreement during that period, to harm the goodwill or otherwise damage the business of
The Company.
15.
14.2.
The Contractor undertakes that they will not - ( Without the previous consent in writing of The
Company for 3 months following the termination of this Agreement howsoever terminated
endeavour to entice away from The Company any employee of either The Company with
whom the Contractor has, during the Agreement, worked, or had personal dealings at any time
within the 12 months immediately preceding the termination of the Agreement;)
14.3.
Any training given by the Company and/or the Contractor on behalf of the Company will be the
property of the Company and cannot be reproduced, disseminated, or otherwise shared by
the Contractor outside of the Company without the express written permission of the
Company. This includes, but is not limited to, the style, manner, documentation, and format
of any training given;
14.4.
If the Contractor writes any material including but not limited to training documents, blogs,
social media platforms, commentaries, and research projects will be the property of the
Company and cannot be reproduced, disseminated, or shared outside of the Company without
the express written permission of the Company. This includes, but is not limited to, websites,
and social media platforms.
CONFIDENTIAL INFORMATION
15.1.
Except as required by The Company in connection with The Contractor’s performance of the
Agreement or as required by law, The Contractor will not disclose or use, or cause to be
disclosed or used, at any time during or after this Agreement: (i) any secret or confidential
information of The Company; and/or (ii) any other non-public information relating to the
business, financial or other affairs of The Company where he has acquired such information as
Contractor to The Company.
15.2.
16.
All notes, computer disks and tapes, databases, memoranda, correspondence, records,
documents, and other tangible items made, used, or held by the Contractor in the services will
be and remain at all times the property of The Company. At any time, whether before or upon
the termination or expiration of this Agreement, The Contractor shall promptly on request
deliver all such tangible items which are in his possession or under his control relating to The
Company, its business affairs, and clients, and/or the services and he may not make or retain
copies.
TERMINATION
16.1.
Either party may terminate this Agreement at any time during the Term by giving a 2-week
notice before written notice of termination to the other party.
16.2.
This Agreement will terminate automatically without any requirement for notice or payment
instead of notice if The Contractor shall die or becomes unable to provide the Services because
of permanent incapacity.
16.3. The Company may by written notice summarily terminate this Agreement with immediate effect:
16.3.1. If The Contractor shall be guilty of any serious misconduct or any serious breach or
nonobservance of any of the conditions of this Agreement or shall neglect or fail or refuse to
carry out the duties assigned to them hereunder, The Company shall be entitled to give notice
to The Contractor to remedy the breach within seven days and if The Contractor fails to remedy
then summarily to terminate his engagement hereunder without notice and any payment
instead of notice and without prejudice to any rights or claims The Company may have against
The Contractor arising out of such default.
16.3.2. The Contractor becomes bankrupt or compounds with his creditors or is convicted of any
criminal offense (other than road traffic offenses); or
16.3.3. The Contractor conducts himself in any manner which, in the reasonable opinion of The
Company brings or is likely to bring him and/or The Company into disrepute.
16.4. On the termination of this agreement or on either The Company or The Contractor having served
notice of such termination The Contractor shall upon the request of The Company deliver to
The Company forthwith all property (including intellectual property) of or relating to the
business of The Company (including any notes or memoranda referred to in clause 13) which
may be in your possession or under your control.
16.5.
17.
The Company shall cease to be liable to pay the Contractor‘s fee after the Termination Date,
except for that which has already become due and payable.
PERSONAL AGREEMENT
17.1. This agreement is personal between The Company and the Contractor, and neither may sell,
assign or transfer any duties, rights, or interests created under this Agreement without the
prior written consent of the other. Nothing in this Agreement is intended to confer on any
person any right to enforce any terms of this Agreement which that person would not have
had but for the Contracts (Rights of Third Parties) Act 1999.
18.
ENTIRE AGREEMENT
18.1. This document contains the entire agreement of the parties. It may not be changed by oral
agreement but only in writing, signed by both parties and in the case of The Company, no such
agreement shall be binding.
19.
NOTICES
Any notice to be given by one party to the other shall be validly given if:19.1.
Posted by prepaid recorded delivery first class post within the mainland of UK and correctly
addressed to the party to be served and shall be deemed served on the third working day after
posting (unless not delivered);
19.2.
Personally delivered to The Contractor or (in case of The Company) a Director of the Company
or person designated by The Company and shall be deemed served when so delivered.
19.3.
The Company may terminate this Agreement immediately by notice in writing if The Contractor
shall:
19.3.1. Suffer or threaten any form of insolvency administration; or
19.3.2. Cease or threaten to cease to carry on business.
20.
CONTINUING EFFECT
20.1.
21.
GOVERNING LAW
21.1.
22.
This Agreement supersedes any previous agreement between the parties about the matters
dealt with it and represents the entire understanding between the parties. The Contractor
acknowledges and agrees that he has not entered into this Agreement in reliance on any
representation, warranty, or undertaking which is not set out or referred to in this Agreement.
This Agreement is governed by and to be construed in accordance with English Law and the
parties submit to the exclusive jurisdiction of the English courts.
ATTENDANCE & PAYMENT
22.1. Marking attendance is mandatory on Ezitracker to track hours of work done. The invoice should
be sent based on the hours of Ezitracker every alternate Monday to their respective managers.
IN WITNESS whereof this Agreement has been executed on the date first before written by
undersigned persons who are duly authorised by the respective party.
Signed by The Contractor: …………………
Date: ………………………
Signed by The Company: ………………………
Date: ………………………
For and on behalf of Ace Pro Services Ltd