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Terms & Conditions

 

1. General Terms & Conditions

 

a) These Terms and Conditions shall take effect from the January 1st 2024.

 

b) This Contract is between the Company (Ultimate Staff Limited t/a Cube) and the Client by virtue of the engagement of an applicant 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 14 days from the receipt of invoice and payment should be made to Ultimate Staff Limited t/a Cube, 111 Cocoa Studios, Tower Bridge Business Complex, 100 Clements Road, London, SE16 4DG. Receipt of invoice shall be deemed to be the invoice issue date.

 

Every Thursday (unless it is a UK public holiday, in which case on the next working day) The Company shall provide the Client with an invoice setting out the details of all the hours completed by Workers engaged by the Client for the preceding week (for the avoidance of doubt, this means all Shifts/Engagements starting between 00:00 on Monday until 23:59 on Sunday of the preceding week).

 

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 4% 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 a separate document. 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) 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, with a minimum of 20 hours per week, the transfer fee is £500.

 

k)  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, and the Client does not inform the Company prior to the employment of such Worker, the Client will be liable to pay a fee of 800 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.

 

2. Liabilities

 

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 for 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 place a booking the Client can either place the booking on the Companies app or email, text or phone in a booking to the Company who will place the booking on the app for the Client.

  • Once the booking has been filled the Client can see on the app that the booking is done.

  • Staff are instructed that they may be required to work for one 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 be given the Company will endeavour to provide optimum service.

 

b) Cancellation of Bookings

The Company reserves the right to charge for cancellations on the following scale:

 

  • 100% of the booking charge within 24 hours of the event

  • 50% of the booking charge within 48 hours of the event

  • No cancellation charge outside of 48 hours prior to the event.

 

c) For events outside of Greater London one way travel time and return travel costs will be charged to the Client.

 

d). Timesheets

The Client has 4 days from the date of the booking to confirm the times worked. This can be done either on the Companies app or notified to the Company via email. After 4 days the client will be charged in accordance with the booked times or for the actual worked hours, if the Company has been notified by staff they worked longer than the booked times.

  

e) 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. All staff irrespective of previous experience will undergo a comprehensive training schedule implemented by The Company upon their employment.

 

​​f) The Client acknowledges that where the terms of the Engagement stipulate that the Worker will be engaged for less than four (4) hours (for non-chef based roles) or six (6) hours (for chef-based roles), the Client shall be charged as if such Engagement was for four (4) hours (for non-chef based roles) or six (6) hours (for chef-based roles) (each charged at the hourly rate as set out in the relevant Assignment).

 

Anti-Bribery

Cube is committed to applying the highest standards of ethical conduct and integrity in its business activities in the UK and abroad. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all business dealings and relationships, wherever we operate. Cube expects the same commitment from its Clients and you hereby warrant that you comply and shall, for the period in which you use the Service, continue to comply with (i) all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010; and (ii) any Cube Anti-Bribery and Anti-Corruption Policy as may be in force from time to time (to the extent that this applies to Clients).

Modern Slavery

This statement is made pursuant to s.54 of the Modern Slavery Act 2015.

Modern slavery encompasses slavery, servitude, human trafficking and forced labour. Cube has a zero-tolerance approach to any form of modern slavery. We are committed to acting ethically and with integrity and transparency in all business dealings and to putting effective systems and controls in place to safeguard against any form of modern slavery taking place within the business or our supply chain.

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