Terms & Conditions
1. General Terms & Conditions
a) These Terms and Conditions shall take effect from the 7th January 2022.
b) This Contract is between the Company and the Client by virtue of the engagement of an applicant, including a Supervisor and an Event Manager (hereinafter called the Worker) introduced by the Company, for any services provided to the Client.
c) No variation of these terms is valid or shall be binding on the Company unless confirmed in writing with the authority of a Director of the Company.
d) In consideration for the Company introducing the Worker to the Client, the Client is deemed to have accepted these Terms and Conditions of Business. For the purposes of this clause the word introduce shall be deemed to include without limitation the provision by the Company of any details whether written or oral of a Worker for employment.
e) All accounts and charges are payable within 7 days from the receipt of invoice and payment should be made to Ultimate Staff Limited t/a Cube. Receipt of invoice shall be deemed to be two days after the date shown on the invoice.
f) The Company reserves the right to charge interest on all invoices raised from the date of the invoice until the date of the payment calculated at the rate of 2% per calendar month or part thereof.
g) VAT is payable on all charges at the prevailing rate.
h) The charge made for the Worker’s services will be in accordance with the scale of charges laid out in the email sent to you before your first booking . The charge will consist of the Worker’s pay, commission, any expenses to be reimbursed and where appropriate employers National Insurance contributions and VAT.
i) The Company will pay the Worker’s wages and make appropriate deductions for earnings related insurance and income tax under schedule E (PAYE) and account to the Inland Revenue for these deductions.
j) Overtime and travel premiums, unless otherwise agreed in writing prior to the assignment are payable on the following basis:
Travel to assignments outside London Zone 1 to 4 will be charged from the time the staff depart from their meeting point, to the time they finish work.
Travel to assignments outside London Zone 1 to 4 will also incur the costs of travel fare both ways whether by bus, train or any other means of transport
l) If a Worker is requested to drive then they will be charged at full pay from the meeting time, to the point where the last member of staff is dropped off. A cost £0.50 per mile will be charged for all miles travelled. The distance travelled will be calculated using the route planner on maps.google.co.uk .
m) The Client shall notify the Company immediately on engaging or making use of the Worker
introduced by the Company. An introduction fee equal to 20% of gross annual salary (minimum
£3000) will be charged to the Client. If the Worker has worked for the Client for 12 consecutive
weeks the transfer fee is £500.
n) If within one year of the introduction of the Worker or the completion by the Worker of his/her assignment (whichever is the latter), the Client agrees to employ or make use of the Worker in any capacity whether temporary, permanent or self-employed other than directly through the Company or the Client refers the Worker to an associated or subsidiary company of the Client or to any third party who so employs or makes use of the Worker, the Client will be liable for a fee of 400 x the Worker’s hourly rate without entitlement to rebate. Interest will be run from the date of the employment or engagement at the rate of 2% per calendar month or part thereof.
a) The Company cannot accept any responsibility whatsoever for any loss, damage, costs or expenses however caused which the Client may suffer or for which the Client may become liable arising out or in connection with or as a result of the introduction to the Client of a Worker.
b) The Client is responsible for ensuring that the Worker’s ability, qualifications and skills are adequate to operate any equipment, machinery and/or vehicles that the Worker may be called upon to operate and the Client will be solely responsible any liability whatsoever which may arise there from.
c) The Client is responsible for providing adequate insurance whilst the Worker is under the Clients direction and control to the extent that the Worker and the Company have full benefit of coverage for any liability, which may arise. The Worker is under the direction and control of the Client for the duration of his/her assignment. Accordingly, the Client agrees to be responsible for all acts, errors or omissions of the Worker whether wilful, negligent or otherwise as though the Worker was on the payroll of the Client.
d) The Client is responsible for complying with the provisions of the Offices, Shops and Railway Premises Act 1983, the Health and Safety at Work Act 1974 and any other health and/or any industrial safety statute and any regulations made under these Acts and the Client will be solely responsible for any liability arising there under and will indemnify the Company and/or the Worker against any liability, loss or damage whatsoever arising there under in connection with the assignment of the Worker.
e) Whilst the Worker is under the Client’s direction and control, the Client is responsible for ensuring that the Worker receives entitlements to rest breaks and rest periods in accordance with the Working Time Regulations 1998 (hereinafter called the “Regulations”) and for ensuring that the Worker’s working time does not exceed the limits imposed by the Regulations unless the Company has informed the Client in writing that the Temporary worker has agreed to exclude the operation of the Regulations in respect of the 40 hour working week. The Client will inform the Company of any work the Worker is to perform which involve special hazards or heavy physical or mental strain and of any collective or workforce agreement in existence under regulation 6(8)(a) which identifies such work.
3. Customer Charter
a) Placement of Bookings
To make a booking the Client needs to email the office. Upon receiving the email the Company will confirm receipt of the booking and confirm the Company’s ability to undertake the booking by emailing the Client back. This will be the Client’s proof of booking. Final confirmation of the booking from the Company will take the form of a Timesheet which will be transmitted to the Client at least by 18.00 hours the working day prior to the event starting. This will supply the Client with the names and the booked times of the staff requested. The hours booked in advance by the Client for an event are the minimum hours that will be charged for after the assignment has taken place. In the event of a booking lasting longer than five hours the minimum charge will be the number of hours booked minus the one hour of flexibility. Overtime will be charged on a pro-rata basis.
Staff are instructed that they may be required to work for half an hour past the finishing time booked. Any requirement for them to work beyond this time is down to the discretion of the individual staff member.
The Company recommends that bookings be made at least 7 days prior to an event so as to allow time to allocate the most suitable staff for the occasion. If this notice cannot begiven the Company will endeavour to provide optimum service.
b) Cancellation of Bookings
If a booking is cancelled within two full working days, prior to the day of the event in question (i.e.-after office close three working days before the event.) The Company reserves the right to levy a charge of 50% of the total hours booked. The minimum charge for this is set at being the minimum rate per employee, which is 4 hours. If cancellation occurs within one full working day of the event starting (i.e.- after 18.00 two working days before the event) then the charges will be 100% of the total booked hours. If an event is cancelled then the Client is responsible for ensuring that a member of the office staff from the Company is spoken to in person. Confirmation of the cancellation should then be sent by fax. Please note that an answer phone message is not sufficient for a cancellation to be recognised.
c) Change of details on an existing booking
If a pre-booked event has a change of details within three full working days of the start date of the event then the Company reserves the right to levy a charge of £5.00 per Worker that requires re-contacting and reconfirming with the new details for the event.
The Client will sign the timesheet and the such signature by the Client on the timesheet, shall be deemed conclusive evidence (a) that the Client is satisfied by the work done by the Worker’s concerned and (b) that the Client will pay the charges in full without dispute or deduction. However, failure by the Client to sign the timesheet shall not preclude charging by the Company in full for all time actually worked by the Worker in accordance with these conditions.
e) Job Descriptions
It must be noted that there is a clear distinction between the role of a Supervisor and that of an Event Manager. Notwithstanding that in both cases the Client is responsible for any Supervisors and Event Managers employed at an event.
On most events, we would recommend that a supervisor be appointed to lead the team to act as the liaison between the Event Manager and the staff. The Supervisor is best equipped to delegate according to the strengths of the individual staff. They are also therefor purposes of quality control. Please note they are not employed to run the event.
Subject to a full brief, an Event Manager is responsible for overseeing and assisting in the co-ordination of an event on behalf of the Client. Duties will then be delegated to the supervisors and to the staff.
g) Staff Selection
Whilst every effort is made to provide a high standard of integrity and service, we encourage close communication with all our clients with a view to achieving and maintaining their individual expectations and high standards. Each member of staff will be personally interviewed; their presentation, ability and discretion will be assessed. The Company will also store all information and photos necessary for security passes and clearance.