1. DEFINITIONS
1.1.In this Agreement the following terms and phrases shall have the following meaning unless the context requires otherwise:
1.2.The term ‘us’, ‘we’, ‘our’, ‘the company’ refers to Fitting4U Ltd whose registered address is: 20 Wenlock Road, London N1 7GU
1.3.The term ‘you’, ‘your’, ‘the contractor’ refers to the person or company that has accepted the job offered.
2. Agreement
2.1.The following paragraphs form the basis of this agreement between:
2.2. Fitting4U Ltd “The Company” &
2.3. “The Contractor”
2.4.The agreement sets out the terms of self-employment for The Contractor to carry out fitting on behalf of The Company and the scope of such work.
2.5.The basis of this agreement is for The Contractor to work as a measurer and installer of curtains, blinds, tracks, poles, shutters and related items on behalf of The Company
3. Scope of Role.
3.1.The role will involve The Contractor supporting The Company and its customers by measuring, installing blinds, curtains, poles, tracks, shutters and related items along with work on any other soft furnishings related projects that may present themselves in the future. The level of involvement will be project specific but will on occasion involve spending several days on a single project in the same location.
3.2.You will supply all appropriate materials for fixing, making good and quality hooks (metal or nylon) for hanging curtains when required.
3.3.You are not permitted to sub-contract work or services to a third party without the prior agreement of The Company.
3.4.You will be acting as our representative and must always refer to yourself as Fitting4U (The Company)
3.5.You are not permitted to enter into any private agreement with any of our clients at any time. Tips offered by the customer can be accepted.
3.6. Any additional services or supply of product to customers identified with the customer may be on a shared profit basis. The profit share will depend on the items and services supplied (rates to be agreed) but will be invoiced by Fitting4U.
3.7.All Job(s) agreed to be undertaken by you at the agreed time and date and are contractually binding.
4. Cancellation
4.1.You may cancel any work previously agreed to, but this must be communicated by you and accepted by us in advance of 2 full working days (weekends excluded). A phone call will be accepted provided it is followed up with a WhatsApp message/email (not via text message) on the same day.
4.2.The Company may cancel any work previously agreed in advance of 2 full working days (excluding weekends) which will be communicated by message/email.
4.3.Cancellation by either party in less than 2 working days may create a penalty payment by the cancelling party that would be subject to discussion and agreement.
5. Standards of work
5.1.You are contracted as an expert in your field. We expect high standards in all that you do and say, and you will ensure that you have the correct tools, steps, ladders for the job you are always undertaking.
5.2.You may be held accountable for all cancellations, errors and omissions that you make, as well as all losses that ensue from this event.
5.3.Your work should not appear to be hurried. You must arrive at the allotted time. Failure to comply may result in extra costs that may in part or in full be charged to you.
5.4.Work must be carried out in a clean and tidy manner with emphasis on not marking or damaging the products being fitted which may require gloves to be worn. All packaging waste from the products that you have taken onto the premises to be fitted must be removed from site and disposed of within current waste regulations. If the customer agrees that your waste can be placed in their appropriate bins you may do so. If it has been agreed to remove old products for disposal these must also be disposed of within current waste regulation. Dust must be hovered or brushed up and disposed of. Furniture and other items if moved must be returned to their original position where possible. If difficulties are encountered in completing your allotted task you must notify The Company immediately.
5.5.At the end of each visit, you should summarise the work and demonstrate operation of the product(s) where relevant.
5.6.You will obtain customers approval that the job has been completed by obtaining sign off and any comments on a form or application as directed.
5.7.All paperwork, images and on-line forms/documents must be clear and concise and returned within the agreed timeframe along with the images of each window/door that has been measured or where products have been fitted.
5.8.You will be fully liable for the cost of rectifying all complaints that arise due to your work or services including omissions for a period of twelve months.
5.9.You are not permitted to give undertaking or warranties on behalf of The Company unless agreed by The Company
5.10.You must only make visits as agreed with the Customer. If a change in date and/or time has to be arranged directly with the Customer then you must inform the Company as soon as possible. Any changes would normally be arranged and agreed through The Company.
5.11.Safety and security of the Company’s workers is paramount so if at any time you feel that your security or safety is compromised then you should leave the Customer’s premises and notify the company immediately.
5.12.Any accidents or damages which occur whilst at the Customer’s premises must be reported to the Company immediately
6. Services
6.1.You must take special care to locate all services, i.e. gas, water, electrical, heating that may be damaged or interfere with the installation. If measuring and identified at this time they must be noted on the paperwork.
6.2.You will be held liable for all costs incurred by damage to services.
7. Dress code and conduct
7.0.You must wear The Company polo-shirt (if supplied), suitable work trousers and safety boots at all times while working on behalf of The Company and adhere to any government or HSE rules in place at the time of the work
7.1.Behavior and language must be always courteous and professional.
7.2.The customer’s property and possessions must always be respected.
7.3.You must respect the Customers’ right to privacy and their right to bring any visit to an end
7.4.The following are not permitted:
7.4.1.To take or be under the influence of alcohol or any substance that will in any way impair your actions
7.4.2.To smoke
7.4.3.To make derogatory remarks about the quality of service, standards of fitting/making of products supplied by The Company or others.
8. Place of work.
8.1.The location and place of work will be within the UK. However, The Contractor may decline an offer of work at any location if he/she feels the nature and / or the location of work is unfavourable.
9. Hours of work.
9.1.The hours of work will vary subject to the location of the work and the nature of the work undertaken. The Contractor will comply with working regulations at all times. The nature of the work and the geographical location of the territory will require flexibility in respect of the hours worked. The number of working hours/days will vary by week and month, however The Company will provide as much advance notification of all work/projects to enable The Contractor to plan his schedule and allocate time accordingly.
10. Remuneration
10.1.The remuneration will be based on a self-employed basis. The Contractor will be paid at an agreed rate per time period or job as laid out in a fee table that has been agreed in advance and amended from time to time.
10.2. The contractor will be responsible for the payment of all travel expenses, including, but not limited to, parking fees and tolls. Congestion Charges and agreed excessive mileage when agreed in advance will be an exception to this rule.
10.3.The Contractor will submit itemised invoices at regular intervals and in any event at least once per month where work has been carried out in that month. Where the nature of the work or the project timescales require.
10.4.The Contractor may be asked to work on a Saturday or Sunday; however, The Contractor may decline an offer of work on those days.
10.5.The Contractor will be responsible for the payment of all taxes and other related costs associated with the remuneration.
11. Public Indemnity and insurance liability
11.1.You shall fully and effectively indemnify and keep indemnified The Company against all or any losses, damages, costs, claims, proceedings and expenses of whatsoever nature incurred or suffered by The Company or by any third party, whether direct or consequential (including but without limitation any economic loss or other loss of turnover, profits, business of goodwill) awarded against, incurred or paid by The Company as a result of your negligent act or omission or any breach of your obligation under this contract.
11.2.You must maintain insurance cover for:
11.2.1.Your legal liability for death injury or damage to persons or property. The limit of indemnity being no less than £1,000,000.
11.2.2.The Company’s or customers’ goods held in trust by you and whilst in transit for their full replacement value.
11.2.3.Details and copies of all insurance documents that are valid are to be provided to The Company at the start of engagement and upon renewal.
12. Health and safety
12.1.As a contractor working at various sites not controlled by The Company The Contractor will be responsible for Health and Safety issues and due diligence should be practiced at all times. Insurance cover for Public Liability (people and property) Including Product Liability for onsite incidents to the value of £2,000,000 is the contractors’ responsibility. Details and copies of all valid insurance documents are to be lodged with The Company at all times.
12.2.The Contractor shall be fully and entirely responsible for ensuring that all precautionary measures and all necessary steps are taken to comply with statutory requirements to ensure the health and safety of The Contractor, employees of The Company and any third parties in connection with the work or who are likely to be affected thereby.
12.3.You must be aware of all statutory requirements that apply to your work, products and equipment used.
13. Communication & Reporting.
13.0.It is a requirement of the role to provide The Company with detailed feedback on all work undertaken. The method of reporting will be agreed in advance and the Contractor must provide The Company with the information as part of job completion.
14. Confidentiality.
14.1.The Contractor must not divulge or discuss any of the work carried out or any fee structure on behalf of The Company to any third party or divulge the names of any clients or contacts at any time. When working with our clients The Contractor must not discuss any third party or other contract on which he has been involved. The Contractor will not solicit any work or possible future employment from any of The Company clients, past or present, without prior written consent from The Company.
14.2.All matters resulting from this role must remain confidential. Any detail written or otherwise is not to be reported to any third party or disclosed into the public domain. Any written reporting or other documentation will remain the property of The Company, including any files retained electronically or in a remote location.
15. Non-Solicitation
15.1.You understand and agree that any attempt on your part to induce other Employees or Contractors to leave The Company’s employ, work for business, or any effort by you to interfere with the Company’s relationship with its other employees and contractors that would be harmful and damaging to the Company.
15.2.You agree that this clause applies during your term of contract with the Company, and for a period of 12 months after the end of that term.
15.3.For a period of 12 months thereafter the job, you will not divert or attempt to divert from the Company any business the Company had enjoyed, solicited, or attempted to solicit, from its customers or its clients customers, prior to termination or expiration, as the case may be, of your contract with the Company and for a period of 12 months thereafter. Soliciting relates to leaving your business cards, leaflets, advising looking at web pages or any other means for the customer to contact anyone other than The Company or its clients. Should a customer request any products or services from The Contractor then The Contractor will advise The Company to agree on how to proceed.
15.4.You agree that the Company can audit your business using independent auditors/advisors to ascertain any breach of contract with regard to employees, contractors, customers, business clients of The Company. If the audit identifies any transaction that have been completed by The Contractor during the Non-Solicitation period then The Contractor shall pay The Company twenty percent (20%) of any transactions and will be liable for all costs relating to the audit. Any payments due to The Company shall be made within a reasonable time not exceeding thirty (30) days from the presentation of The Company’s findings.
16. Motor Vehicle
16.1.Your vehicle is solely your responsibility. It should be kept well maintained, clean, reliable and have a current MOT certificate
16.2.Have a suitable insurance policy that covers all goods that belong to The Company or its customers.
16.3.Have a valid road fund license
16.4.The vehicle must be suitable for the purpose.
17. In the event of a contractual termination on either part The Company will seek to reclaim all losses for your work or services that are later found to be in breach of this contract, for a period of up to twelve months.
Fitting4U Ltd, 20 Wenlock Road, London N1 7GU | Contact via: fitting4U.co.uk