CROSTAR LIMITED
TRADING AS
CROSTAR
TERMS OF BUSINESS
FOR THE SUPPLY OF
TEMPORARY STAFF SERVICES
Effective from 12the October 2020
[30] Manston Drive
Bracknell
RG12 7PN
Tel: 07429022322
[www.crostar.co.uk]
CROSTARLIMITED trading also as CROSTAR
TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY STAFF SERVICES
1. DEFINITIONS
1.1 In these terms of business the following definitions apply;
“Assignment” – means the period during which the Temporary Worker is supplied by the Employment Business to provide services to the Client;
“Assignment Details Form” – means written confirmation of the assignment details agreed with the Client prior to the Commencement of the Assignment;
“Client” – means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Temporary Worker is introduced;
“Conduct Regulations” – means the Conduct of Employment Agencies and Employment Business Regulations 2003 (as amended);
“Employment Business” – means CROSTAR LIMITED, trading as “CROSTAR ” whose registered address is, 30 Manston Drive, Bracknell, RG12 7PN and/or any subsidiaries or associates;
“Engagement” – means the engagement, employment or use of the Temporary Worker directly by the Client or any third party to whom the Temporary Worker has been introduced by the Client on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement or through any other employment business or through a corporate body of which the Temporary Worker is an officer or employee or other representative and “Engage”, “Engages” or “Engaged” shall be construed accordingly;
“EU Drivers Hours Rules” – means Community Drivers’ Hours Regulation (EC) 561/2006
“Introduction” – means (i) the passing to the Client of a curriculum vitae or information which identifies the Temporary Worker; or (ii) the Client’s interview of a Temporary Worker (in person or by telephone or by any other means) following the Client’s introduction to the Employment Business to supply a Temporary Worker; or (iii) the supply of a Temporary Worker in any way which leads to an Engagement of the Temporary Worker; and “Introduces” and “Introduced” shall be construed accordingly;
“Mobile Worker” – is any worker forming part of the traveling staff who is in the service of an undertaking which operates road transport services for passengers or the movement of goods.
“Periods of Availability” – means periods of waiting time as defined under the Road Transport (Working Time) Regulations 2005, namely periods of waiting time whose duration is known about in advance by the Temporary Worker. Such periods of time consist of time spent when the Temporary Worker is not required to remain at his/her workstation, but must be available to answer calls to start or resume driving or other work on request; and the period and the foreseeable duration is known in advance, either before departure or just before the start of the period of availability in question.
“Period of Extended Hire” – means any additional period that the Client wishes the Temporary Worker to be supplied for beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee;
“Relevant Period” – means (a) the period of 8 weeks commencing on the day after the last day on which the Temporary Worker for the Client having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on he first day on which the Temporary Worker worked for the Client having been supplied by the Employment Business; or (c) 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since the previous Assignment;
“Remuneration” – includes base salary of fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Temporary Worker for services rendered to or on behalf of the Client or any third party;
“Temporary Worker” – means the individual who is introduced by the Employment Business to provide a service to the Client;
“Transfer Fee” – means the fee payable in accordance with clause 8 and Regulation 10 of the Conduct Regulation;
“Working Time” – means working time as defined under the Road Transport (Working Time) Regulations 2005, namely, time consisting of those periods during which the Temporary Worker is at their workstation at the disposal of the Client and exercising his/her functions or activities, and that such periods of time are devoted to road transport activities, such as driving, loading and unloading, assisting passengers boarding the vehicle, cleaning and maintenance of the vehicle, and all other work intended to enhance the safety of the vehicle, cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operations.
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
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 together with the attached Schedule and any applicable Assignment Details Form (“the Terms”) constitute the contract between the Employment Business and the Client for the supply of the Temporary Worker’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker or the passing of any information about the Temporary Worker to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and unless agreed in writing by a director of the Employment Business, these Terms prevail over any Terms of Business purchase conditions put forward by the Client.
2.3 Subject to clause 6.2 no variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Employment Business and the Client are set out in writing and a copy of the varied Terms is given to the Client stating the date on or after which such varied Terms shall apply.
2.4 The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing Temporary Workers for Assignments with the Client.
3. CLIENT OBLIGATIONS
3.1 To enable the Employment Business to comply with its obligations under the Conduct Regulations the Client undertakes to provide to the Employment Business details of the position which the Client seeks to fill, including the following:
3.1.1 the type of work that the Temporary Worker would be required to do;
3.1.2 the location and hours of work;
3.1.3 the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or y professional body for the Temporary Worker to possess in order to work in the position;
3.1.4 any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
3.1.5 the date the Client requires the Temporary Worker to commence the Assignment;
3.1.6 the duration or likely duration of the Assignment;
3.1.7 the minimum rate of pay, expenses and any other benefits that would be offered.
3.2 The Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. If the Client requires the services of a Temporary Worker for more than 48 hours in any week during the course of an Assignment, the Client must notify the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Client requires the Temporary Worker to work in excess of 48 hours.
3.3 The Client agrees to pay the Employment Business’ charges in respect of the number of hours worked by the Temporary Worker. For the avoidance of doubt, for Mobile Workers involved in operations subject to EU Drivers Hours Rules, the number of hours worked by the Temporary Worker during the week comprises of the total number of hours Working Time and the total number of hours spent as Periods of Availability as defined under the Road Transport (Working Time) Regulations 2005. Clients will not be charged for rest breaks during a shift taken by a Temporary Worker in line with EU Drivers Hours Rules or under the Road Transport (Working Time) Regulations 2005.
3.4 The Employment Business assumes responsibility for keeping and maintaining records of the Temporary Worker’s Working Time and night work under the Road Transport (Working Time) Regulations 2005.
4. INFORMATION TO BE PROVIDED
4.1 When introducing a Temporary Worker to the Client the Employment Business shall inform the Client of:-
4.1.1 the identity of the Temporary Worker;
4.1.2 the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment;
4.1.3 whether the Temporary Worker will be employed by the Employment Business under a contract of service or apprenticeship or a contract for services;
4.1.4 that the Temporary Worker is willing to work in the Assignment;
4.1.5 the hourly charges of the Employment Business
4.2 Where such information is not given in paper 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 Introduced for 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 Client unless the Client requests that the information is re-submitted.
4.3 The Employment Business assumes responsibility for keeping and maintaining records of the Temporary Worker’s Working Time and Night Work under the Working Time (Road Transport) Regulations 2005.
5. TIMESHEETS
5.1 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 Client shall sign the Employment Business’ time sheet verifying the number of hours worked and rest periods taken by the Temporary Worker during that week.
5.2 Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authorisation by the Temporary Worker because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client’s obligations to pay the charges in respect of the hours worked.
5.3 The Client shall not be entitled to decline to sign a time sheet on the basis that it is dissatisfied with the work performed by the Temporary Worker. In the event that the Client is dissatisfied with the Temporary Worker the provisions of clause 10.1 below.
6. CHARGES
6.1 The Client agrees to pay such hourly charges of the Employment Business as notified to and agreed with the Client. The hourly charges are
calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour) and comprise the following:-
6.1.1 the Temporary Worker’s hourly rate of pay;
6.1.2 an amount equal to any statutory leave to which the Temporary Worker is entitled and which is accrued during the course of an Assignment;
6.1.3 employer’s National Insurance contributions;
6.1.4 any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable; and
6.1.5 the Employment Business’ commission, which is calculated as a percentage of the Temporary Worker’s hourly rate.
6.2 The Employment Business reserves the right to vary the hourly charges agreed with the Client, by giving written notice to the Client, in order to comply with any additional liability imposed by statute or other legal requirement or entitlement.
6.3 The charges are invoiced to the Client on a weekly basis and are payable within 30 days. VAT is payable at the applicable rate on the entirety of these charges.
6.4 The Employment Business reserves the right to charge interest on invoiced amounts unpaid by the due date at the rate of 4% per annum above the base rate from time to time of Lloyds TSB Bank plc from the due date until the date of payment.
7 PAYMENT OF THE TEMPORARY WORKER
7.1 The Employment Business assumes responsibility for paying the Temporary Worker and, where appropriate, for the deduction and payment of all statutory contributions in respect of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
8. TRANSFER FEES
8.1 The Client shall be liable to pay a Transfer fee if the Client Engages a Temporary Worker introduced by the Employment Business, either directly or through another employment business, or introduces the Temporary Worker to a third party and such introduction results in an Engagement of the Temporary Worker by the third party and
8.1.1 where the Temporary Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period; or
8.1.2 where the Temporary Worker has not been supplied, such Engagement takes place within 3 months from the date of the introduction to the Client.
The Transfer Fee will be calculated in accordance with the Schedule.
8.2 If the Client wishes to Engage the Temporary Worker either directly or through another employment business, without liability to pay a Transfer Fee the Client may, on giving one week’s written notice to the Employment Business, engage the Temporary Worker for the Period of Extended Hire specified in the Schedule.
8.3 During such Period of Extended Hire the Employment Business shall supply the Temporary Worker on the same terms on which s/he has or would have been supplied during the Assignment and in any case on terms no less favorable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Client shall continue to pay the charges set out in clause 6. If the Employment Business is unable to supply the Temporary Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Client does not wish to hire the Temporary Worker on the same terms as the Transfer Fee, reduced pro-rata to reflect any charges paid by the Client during being Engaged by the Client. If the Client fails to give notice of their intention to Engage the Temporary Worker before the Engagement commences, the parties agree that the Transfer Fee shall be due in full.
8.4 Where prior to the commencement of the Engagement the Employment Business and the Client agree that the Engagement will be on the basis of a fixed terms of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with the Schedule pro-rata. Such reduction is subject to the Client Engaging the Temporary Worker for the agreed fixed term. Should the Client extend the Temporary Worker’s Engagement or re-Engage the Temporary Worker within 12 months from the commencement of the initial Engagement, the Employment Business reserves the right to recover the balance of the Transfer Fee.
9. SUITABILITY CHECKS
9.1 Where the Temporary 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, caring for or attending one or more Vulnerable Persons the Employment Business will take all reasonably practicable steps to obtain and offer to provide copies to the Client of:-
9.1.1 any relevant qualifications or authorisations of the Temporary Worker; and
9.1.2 two references from persons who are not relatives of the Temporary Worker and who have agreed that the references they provide may be disclosed to the Client;
and such other reasonably practicable steps as are required to confirm that the Temporary Worker is suitable for the Assignment. If the Employment Business has taken all reasonably practicable steps to obtain the information above and has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event.
9.2 The Client shall advise the Employment Business at the time of instructing the Employment Business to supply a Temporary Worker, or if it is not reasonably practicable, at the very latest, prior to the commencement of the Assignment, whether during the course of the Assignment, the Temporary Worker will be required to work with, care for or attend one or more Vulnerable Persons or engage in activity or otherwise be working in a position covered by the Safeguarding Vulnerable Groups Act 2006 or equivalent legislation in Scotland or Northern Ireland.
9.3 The Client shall assist the Employment Business by providing any information required to allow the Employment Business to comply with its statutory obligations under the Safeguarding Vulnerable Groups Act 2006 or equivalent legislation in Scotland or Northern Ireland and to allow the Employment Business to select a suitable Temporary Worker for the Assignment.
9.4 In particular in the event that the Client removes a Temporary Worker from an Assignment in circumstances which would require the Employment Business to provide information to the Independent Safeguarding Authority [or equivalent authority] under the Safeguarding Vulnerable Groups Act 2006 [or equivalent legislation in Scotland or Northern Ireland], the Client will provide sufficient information to the Employment Business to allow it to discharge its statutory obligations.
10. UNSUITABILITY OF THE TEMPORARY WORKER
10.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of work. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing the Employment Business to remove the Temporary Worker. The Employment Business may, in its absolute discretion, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Client has notified the Employment Business immediately that they have asked the Temporary Worker to leave the Assignment or the Assignment terminates.
10.1.1 within 4 hours of the Temporary Worker commencing the Assignment where the Assignment is for more than 7 hours or less;
10.1.2 within 2 hours for Assignments of 7 hours or less;
and providing that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.
10.2 The Employment Business shall notify the Client immediately if it received or otherwise obtains information which gives the Employment Business reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment for with or without prior notice and without liability. Not with standing the Client shall remain liable for all such hourly charges incurred prior to the termination of the Assignment.
10.3 The Client shall notify the Employment Business immediately and without delay and in any event within one hour if the Temporary Worker fails to attend work or has notified the Client that they are unable to attend work for any reason.
11 TERMINATION OF THE ASSIGNMENT
Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and
without liability (except in the case of termination by the Client, who shall be liable for any charges due under clause 6 above).
12. CONFIDENTIALITY AND DATA PROTECTION
All information relating to a Temporary Worker is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Suck information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition information relating to the Employment Business’ business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
13. INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Client. Accordingly the Employment Business shall use its reasonable endeavours to ensure that the Temporary Worker shall execute all such documents and do all such acts in order to give effect to the Client’s rights pursuant to this clause.
14. LIABILITY
14.1 Whilst reasonable efforts are made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from the Temporary Worker and to provide them in accordance with the Assignment Details as provided by the Client, the Employment Business accepts no liability for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.
14.2 Temporary Workers supplied by the Employment Business are engaged under contracts for services. They are not the employees of the Employment Business but are deemed to be under the supervision, direction and control of the Client from time to time they report to take up duties and for the duration of the assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client. The Client will also comply in all respects with all statutes, including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject to in respect of the Client’s own staff (excluding matters specifically mentioned in clause 6 above), including in particular the provision of adequate Employer’s public Liability Insurance cover for the Temporary Worker during all Assignments.
14.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. For Temporary Workers who are mobile workers working in operations subject to EU Drivers Hours Rules, The Client will assist the Employment Business in complying with the Employment Business’ duties under EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005 by supplying any relevant information about the Assignment requested by the Employment Business including copies of tachograph charts for Temporary Workers. Furthermore the Client will not do anything to cause the Employment Business to be in breach of its obligations under the Road Transport (Working Time) Regulations 2005.
14.4 For Temporary Workers who are mobile workers working in operations not subject to EU Drivers Hours Rules and Temporary Workers who are not mobile workers, the Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Employment Business of this requirement before the commencement of that week.
14.5 The Client undertakes that transport time schedules shall conform to the requirements of EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.
14.6 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.
14.7 The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 14.2 and 14.3 and/or as a result of any breach in the Terms by the Client.
15. SPECIAL SITUATIONS – DRIVERS
15.1 Temporary Drivers are supplied by the employment business on the sole understanding that the Client holds an operator’s licence under the Goods Vehicle (Licensing of Operators) Act 1995 when required.
15.2 As far as is possible, the Employment Business will check references of drivers and will examine driving licences and permits; notwithstanding this, the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, drivers’ hours and records, the issue and collection of tachograph cards, maintenance and safety of vehicles, Health and Safety Regulations, and Road traffic and liability insurances, including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents. The Client shall on request permit the Employment Business to inspect its operator’s license and policies of insurance for the vehicles to be driven by the temporary Worker.
15.3 To assist Clients in complying with the relevant provisions of the Goods Vehicle (Licensing of Operators) Act 1995, the Employment Business aggress to provide the Client upon request with such information as is available to the Employment Business about any driving assignments carried out by a driver in the seven days immediately preceding the commencement of an assignment with the Client, provided the driver shall have worked for a Client of the Employment Business during those seven days.
15.4 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. For Temporary Workers who are Mobile Workers working in operations subject to EU Drivers Hours Rules, the Client will assist the Employment Business in complying with the Employment Business’ duties under EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005 by supplying relevant information about the Assignment requested by the Employment Business including copies of tachograph charts for Temporary Workers. Furthermore the Client agrees not to do anything to cause the Employment Business to be in breach of its obligations under the EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.
15.5 For Temporary Workers who are Mobile Workers working in operations not subject to EU Drives Hours Rules and Temporary Workers who are not Mobile Workers, the Client will assist the Employment Business in complying with the Employment Business’ duties under the Working time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Employment of this requirement before the commencement of that week.
15.6 The Client undertakes that transport time schedules shall conform to the requirements of EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.
16. TERMINATION
16.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably states that the services of the Temporary Worker prove unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately or by directing the Employment Business to remove the Temporary Worker. The Employment Business may in such circumstances reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates:-
a) Within four hours of the Temporary Worker commencing the Assignment where the Assignment is for more than seven hours;
b) Within two hours for Assignments of seven hours or less.
And also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.
16.2 Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.
17. LAW
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
SCHEDULE Transfer Fees
(a) The Transfer Fee referred to in clause 8 shall be agreed in writing between the Employment Business and the Client. In the event that the parties do not agree the amount of the Transfer Fee then the Employment Business shall be entitled to charge a fee calculated as follows: 10% of the Remuneration payable to the Temporary Worker during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not know, the hourly charges set out in clause 6.1 above multiplied by 150.
(b) The Period of Extended Hire, referred to in clause 8, before the Client Engages a Temporary Worker, shall be agreed in writing between the Employment Business and the Client. In the event that the parties do not agree the length of the Period of Extended Hire then the period shall be 12 weeks.
Terms & Conditions applying to driver CPC courses
The terms and conditions will form a contract between the Customer (i.e a person a course) and Drivers Limited, (known as the Company).
1. All course fees must be paid prior to the commencement of any training, unless other arrangements have previously been agreed in writing with the Company.
2. The Company reserves the right to take any outstanding balances due from the Customer’s debit/credit card on or after the course start date.
3. Any course cancellation made by the Customer must be made in writing to The Company.
4. Any course cancellation made by the Customer within 15 working days of the due course start date will result in full course fees, including VAT and test fees being forfeited.
5. Any cancellation / amendment made by the Customer 15 or more working days prior to the commencement of any training booked will incur a 25% administration charge of total tuition fees, excluding VAT.
6. The Company reserves the right to terminate any training booked by the Customer if course fees are not paid in full before course start date.
7. Any variations to the joining instructions, course date, time of attendance etc. will be made in writing
by the Company to the Customer. The Company will make all reasonable efforts to keep to the original agreed course confirmation, however in the event of a course cancellation imposed by the Company; the Customer will be offered the next available course.
8. All Customers are informed of the Company’s terms and conditions which are readily available from its website and head office. All Customers are deemed to have read them before requesting any services.
9. Substitution of Customer details for examination purposes may take place, subject to reasonable time being given and subject to the terms and conditions of the examination body.
10. Any Customers whom the Company consider to be under the influence of drink and / or drugs will have their course terminated immediately and all course fees forfeited.
11. The duration of all DRIVER CPC courses is typically 1 day or 7.0 hours.
12. All Customers undertaking any training with the Company are required to adhere to any notices or instructions given to them by any member of the Company’s staff.
13. Where external training sessions have been arranged for the Customer by the Company, the Company accepts no liability for the accuracy of Customer details should a dispute arise with the external trainer.
14. Every effort is made to ensure course notes, presentations and any relative tuition material is correct at time of print. The Company accepts no responsibility for any errors or omissions.
15. The Company will not be held responsible for loss of any personal items left in any training vehicle or on the Company’s premises.
16. The Company reserves the right to terminate any Customer attendance at a course, if the Company
considers the Customer a danger to themselves and/or other persons who may be affected by their acts or omissions.
17. Smoking is not permitted in the Company premises.
18. Should a Customer become ill while on their course any tuition not received will be given at a later date subject to the Company being able to find a replacement candidate to take up the lost time.
19. Should a Customer wish to make a complaint about the Company, then this must be made in writing and sent via recorded delivery to the Managing Director of the Company within 7 days of the course
ending. All complaints will be fairly dealt with by the Director.
20. Customers must be aware that adequate provision is made to ensure drivers attending courses are able to comply with the rest requirement laid down in Driver Hours Regulations and the Working Time
Directive.
21. All Customers must comply with the Company’s safety policy and their legal obligations under the Health and Safety at Work act 1974.