CONTRACT FOR SERVICES

CONTRACT FOR SERVICES CONTRACT FOR SERVICES This is an agreement made between: - Home Services Direct Ltd (5055001) (the organisation) of The Office, Bridewell Farm House, Chilmington Green, Ashford, Kent, TN23 3DP and ……………………………………………………………………….…………... (The contractor), of ................................................................................. …………………………..................................... Page 1 of 5 PURPOSE The purpose of this agreement is to create a self-employed contract for services, and to define the extent under which the relationship between the organisation and the contractor allows for there to be a contract for services, to work as and when requirements allow. The contractor agrees to provide the following services: - plumbing, drainage, heating and maintenance of these, on a self-employed basis. No master/ servant or employer/employee relationship exists. PLACE AND METHOD OF WORK The contractor will attend any place of work where the organisation has secured a contract for services and the contractor will act professionally and show courtesy to the clients of the organisation and their customers. At no time should work be carried out on gas fittings unless a copy of the Gas Safe Registration details and certificate has been lodged with the organisation, or any other trade or appliance with which the contractor needs to be registered. OBLIGATION FOR WORK The contractor should not expect the organisation to provide him or her with work on a continuous or ongoing basis. The contractor will only be given work as and when the organisation chooses and when work becomes available that is felt to be suitable for the contractor. The contractor may not carry out work given by the organisation for their own sole profit, or benefit from any such leads that may arise from time to time or carry out any private jobs that arise from the organisation's work as the company does prosecute for theft of a service. AVAILABILITY FOR WORK When the contractor is offered work by the organisation, the contractor may accept it or refuse it as the case may be. Any refusal to accept work will not preclude the contractor being offered further work when another opportunity arises. The contractor in accepting work should try to carry out that work personally, if not, any substitute needs to be equally capable. Only carry out those works which have been instructed and necessary reasonable unless prior approval sought from the organisation and a further job number issued. The contractor may not re-arrange jobs at their own convenience unless prior approval by the organisation and must arrive at a job promptly. The contractor may undertake work for any other organisation and the undertaking of such work will not preclude the organisation offering the contractor additional assignments as and when they become available. DIRECTION AND CONTROL The contractor will not work under the direction and control of this organisation other than to attend locations at times indicated, to act in a professional and courteous way, and to follow any required procedures for confirming attendance. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES TRADE DESCRIPTION ACT All work should be carried out within the remit of the Trade Description Act. (As set out below) Page 2 of 5 TRADE DESCRIPTIONS A guide for businesses about the requirements of the Trade Descriptions act 1968. What does the law require? Any descriptions of goods and services, given by a person acting in the course of a trade or business, should be accurate and not misleading. How can a trade description be given? A description can be given verbally, in writing (e.g. in an advert or brochure or as an invoice or order form), by illustration (e.g. in advertisements or on packaging) or by implication. In addition if goods are supplied in response to a request, using a specific trade’s description, it is possible that it would be held that the supplier of the goods has applied the description himself. What are the offences under the act (relating to goods)? The act makes it an offence to: · Apply a false or misleading description to goods (e.g. by writing it down, making a verbal statement or by turning back a cars odometer) · Supply or offer to supply goods to which a false or misleading trade description is applied. A person exposing goods for supply (e.g. in a storeroom is deemed to offer to supply them for the purposes of the act. These offences are strict liability offences i.e. it is possible for a trader to commit an offence without intending to do so. What descriptions of goods are deemed to be trade descriptions? · · · · Quantity, size or gauge. This number includes length, width, height, area, volume, capacity, weight and number. Method of manufacture, production, processing or reconditioning. This covers most of the aspects concerning work done in the making processing or repairing of goods. Composition. I.e. what an item is made from. Fitness for this purpose, strength, performance, behavior or accuracy. This covers an extremely wide area (e.g. in relation to motor vehicles such expressions as immaculate condition, ‘mechanically superb’, and ‘excellent condition’ would be covered under this paragraph). Any physical characteristics not included in the preceding paragraphs. This means that any description not caught specifically above would amount to a trade description. Testing by any person and results thereof. For example, this would include any statement that a car has its mileage independently checked. Approval by any person or conformity with any type approved by any person. This might include a statement that an item complies with a British Standard. Place or date of manufacture, production, processing or reconditioning. This is self explanatory, but would include any statement on goods, such as ’made in England’. Person by whom manufactured, produced or reconditioned. This would include such things as brand names on an item. Other history including previous ownership or use. For example, the number of owners of a vehicle or the number of miles indicated on an odometer. · · · · · · Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES What does the law say in relation to the description of a service? Page 3 of 5 The Act also makes it a criminal offence: · To make a statement which is known to be false or misleading, or recklessly to make a statement, which is false or misleading as to any of the following matters. 1. The provision of services, accommodation or facilities. 2. The nature of any services accommodation or facilities provided. 3. The time at which, manner in which or persons by whom any services, accommodation or facilities so provided. 4. The examination, approval or evaluation by any person of any services, accommodation or facilities so provided. 5. The location or amenities of any accommodation so provided. What else is prohibited under the Act? · · · It is an offence to falsely state or imply that any goods or services of a king are supplied to or approved by the Queen or any other member of the Royal Family (e.g. by the misuse of the phrase or emblem ‘by Royal Appointment’). It is also an offence to use without authority of the Queen any device or emblem signifying the Queen’s award to industry or anything which closely resemble such an emblem. It is also an offence to falsely state or imply that goods or services are of a kind supplied to any other person (e.g. by stating County Council Contractor). Who can commit an offence? Any person acting in the course of a trade or business can be guilty of an offence under the act. This would include Directors, Managers and all levels of employees. How can a trader avoid committing an offence? The Act provides a trader with the defense that the commission of an offence was due to a mistake, or to reliance on information supplied to him, or to act or default of another person, an accident or someone other cause beyond the traders control; and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control. In simple terms this means that a system should exist to avoid giving false descriptions and that system should be followed. Can a trade description be disclaimed? It may be possible to disclaim trade description for example with cars when a trader does not know whether the mileage indicated on the odometer is correct. However in a situation like this any disclaimer must be as bold and precise and compelling as the original description to goods himself, e.g. by verbally describing them, writing a description down or altering the goods, then it can be. REGULARITY OF WORK There is no guarantee of regularity of work and the various assignments may last for periods from a ½ hour ranging to a number of weeks depending on the circumstances. Home Services Direct may use details of your address and postcode to obtain work for you, thus keeping it local. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES TOOLS AND EQUIPMENT The contractor must provide his own vehicle, tools, equipment and clothing necessary to undertake the work. Page 4 of 5 PAYMENT Payment will be made to the contractor at the rate of 50% (after parts and VAT) of the monies received for the job (inclusive of VAT if appropriate) in relation to work at the places designated. These payments are made by BACS on a weekly basis, 2 weeks in arrears of receipt of HSD’s copy of the invoice. If the subcontractor is VAT registered a valid VAT invoice is also required before payment can be made. The organisation reserves the right to amend payments to contractors where refunds by the organisation have lead to reduction in the value of a job (e.g. for defective work or any other legitimate reason). In such cases the 50% rate will be applied to the net value i.e. gross less refund and should the organisation already have paid this deduction such monies from future payments. If a refund is given due to non compliance of your contractual obligations (e.g. carrying out Gas Safe work if you are not Gas Safe registered), the company reserves the right to issue a refund and deduct the full amount of the refund from the engineer. HSD will continue to deal with all other complaints in the standard way whereby the refund amount is deducted from both parties at the same percentage rate as our payment terms. The cost of parts will be reimbursed on receipt of a valid VAT invoice, which should accompany the green copy of the job sheet. If you are VAT registered a copy of the parts receipt must accompany your invoice to HSD for payment. Any money received by the engineer from the client will be paid directly to the organisation using a personal card and not used as a payment on account of the contractor’s services or used in any other way. Until the said money is received by the organisation, liability will rest with the contractor. Failure to communicate with the organisation of payment details by the client whilst still attending the premises or if the engineer keeps any cash paid by the client will result in a loss of 10% in the contractor’s rate of pay, however the organisation will inform you if a client intends to pay cash, you should not take a cash job from the organisation if you are unable to pay on your debit card. INCOME TAX AND N.I CONTRIBUTIONS Payments are made gross and the contractor is entirely responsible for their own income tax and National Insurance contributions. ABSENCE There will be no payments due during periods when no work is provided, or during periods of sickness or holiday. If the contractor is unable to attend scheduled work, the contractor must advise the organisation and their client as soon as practicable of their incapacity and how long it is anticipated to last. HEALTH AND SAFETY The contractor should take all reasonable measures to safeguard their own health and safety and that of any other person who may be affected by their actions. The contractor must provide public liability insurance with cover of at least £1 million and their own employer’s liability insurance. The contractor should arrange their own lunch breaks and rest periods. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES STANDARDS OF PERFORMANCE AND CONDUCT Page 5 of 5 If the contractor’s standards of performance and conduct cause dissatisfaction, action may be taken, their services may be terminated and they may not be requested to undertake further assignments. RESPONSIBILITIES The contractor must accept full responsibility for any damage caused to property or persons that has been caused by the contractor or third-party that the job has been forwarded to via the contractor. All works passed to a third-party via the contractor is also the contractor’s responsibility. Any claims against the organisation from any client or legal body due to the contractor’s responsibility, the claim will be directed to the contractor’s liability insurance. TERMINATION The contractor will be required to give and will receive no day’s notification to end their engagement prior to any pre-arranged completion date. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ I have read pages 1 to 5 and have understood and agree with its contents, and have had the opportunity to take independent legal advice. CAREER PACK HOME SERVICES DIRECT LTD WHAT’S INCLUDED IN THIS PACK Remember: Page 1 of 5 The contractor may not carry out work given by the organization for their own sole profit, or benefit from any such leads that may arise from time to time or carry out any private jobs that arise from the organizations work. · · · · · · · · · · · · · · · · · We require/we offer The system of quality work Payments & availability, Credit check & liability insurance Materials Structure Example invoice Application form Bacs application form All paperwork signed and returned by post Names and addresses of 2 referees. X2 Passport photos X3 copies of proof of address (utility bill, bank statement etc…) Copy of VAT registration certificate (if appropriate) Copy of CIS card (if applicable) Copy of liability insurance Copy of any registration certificate, i.e. Gas Safety Register, and both sides of your card (if applicable) Copies of proof of qualification (if applicable) ‘WE GIVE YOU 100% COMMITMENT OF A WORKING RELATIONSHIP’ Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES WE REQUIRE Flexible working times Reasonable area coverage Genuine maintenance experience Experience of dealing with the general public Own tools & transport and liability insurance Signed full agreement to our terms and conditions of contract All signed paper work WE OFFER Excellent hourly rates Genuine continuity of work Fully confirmed job appointments Full Administrative support Pay—direct into your account Full call centre service Highly professional service Contractor friendly Dedicated engineers telephone line—01233 650655 Dedicated engineers fax line—01233 640680 Dedicated engineers email address-hsdltd@aol.com Page 1 of 5 Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES THE SYSTEM OF QUALITY WORK Page 1 of 5 1. The Call Centre - We receive telephone calls in our call centre from customers who would like work carried out. The office staff take all the customers details and advise them of our rates of charges. If the customer accepts the terms a lead number is then given to the customer, the lead is then allocated to an engineer. 2. Allocations - We then telephone an engineer in the jobs vicinity and offer them the lead. If the engineer is able to do the lead he is then given full details of the lead e.g. customers name, address, work required, response time and the rates of charges. 3. Job Appointment - If the engineer has taken a lead but is then unable to do it at the time agreed by the customer you must inform the office so that the customer can be kept informed. 4. Re-Arranging Times - The engineer should not contact the customer directly to re arrange terms; we only give the engineers the customers telephone number to get directions if they are having trouble finding the property. 5. On Site - Once on site you must ask the customer to sign against the time of arrival and to accept the rates; this must be done as it can save discrepancies at the end of a job. 6. Diagnosing & Rectifying - On arrival the engineer must look at the job, diagnose the problem and rectify. If parts are replaced then they should be fitted in line with manufacturers guidelines. Any recalls on your work are free of charge. 7. Parts - We expect all engineers to carry standard parts on board. If you need a new non standard part you can go away and get parts, you can charge the customer up to one hour to go away and collect parts as you are working on their behalf. However, if the part is a standard part you are not to charge the customer the time collecting the part as HSD considers this to be standard and should be carried on board your vehicle. However when you are given details of the job and parts are specified it is difficult for us to justify going away to collect parts. 8. Completion - Once the job is completed fill in the rest of the invoice—ensure that the customer signs the completion time and that they are satisfied with the work. When completing the invoice please put down a clear description of the work carried out and if parts have been used the cost of the parts. We do not pass on any trade discount. Once the labour and materials charge is calculated you then need to add the vat @ 15%, please see example invoice. 9. Observations & Recommendations - When you have completed work at a customers property it may be beneficial to offer a free visual check and infill the invoice with any observations, recommendations and giving a price to do the work. Once you have given a price for further works contact the office to give them this price so the work can be chased up if the customer has not agreed to the price whilst you are on site. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES THE SYSTEM OF QUALITY WORK (CONT) Page 1 of 5 10. Payment - When the engineer takes payment it should be by cash, credit or debit card; cheques are not accepted. If the customer pays by credit or debit card fill out the necessary details on the invoice, lay the card on the table and take an imprint of the card by placing the invoice over the card and rubbing a pen side ways over it, please ensure that all the details are clear on the green copy. Also please ensure that the card holder has signed in the appropriate place and that it matches the card. In addition to this you will need to call the call centre with the card details so that the payment can be processed, you will then be given a authorization number to put on the invoice. If a customer wishes to pay by cash, then we require you to keep the cash & pay HSDL on your personal debit card. For wage enquires call Monday, Tuesday or Thursday our accounts department on 01233 650697. 11. Clearing Down - On completion of the job the engineer is required to call the office and clear it down, this is to advise the office how much and how it was paid, if it was paid by more than one method you must advise the call centre of this. Then we are able to give you another job. 12. Out Of Hour Jobs - If you do a job out of normal hours and parts are required but you are unable to get them, charge them for your time on site for that visit. Call the office for a new job number for the return visit and advise when you are returning to complete the job. 13. Further Works - If you get asked by the customer to do another job or a job has come from a lead from that customer, call us and we will give you a new job number. Any work that comes from the original lead must come back through Home Services Direct Ltd. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES PAYMENTS Page 1 of 5 If you are able to get to the office please do so to hand in your paperwork, if this is not possible please follow the process below:Remove the yellow copy of the invoice for your own records Staple materials receipt to the invoice (which if any is relevant) Collect all the invoices together and post them to: ACCOUNTS DEPARTMENT HOME SERVICES DIRECT LTD THE OFFICE , BRIDEWELL FARM HOUSE CHILMINGTON GREEN ASHFORD KENT TN23 3DP CREDIT CHECK As part of our company policy we may need to perform a credit check on all potential sub contractors, therefore if you have not lived at your current address for three years please could you kindly provide us with all previous addresses for the three year period. AVAILABILITY If you are committed to making your relationship with Home Service Direct Ltd a success, it is critical that you are flexible with your availability. We are confident that we can give you enough work if you are flexible, but of course we are dependant on the telephone ringing. Although we are excellent at converting those calls into jobs. Weekend availability is advantageous as our rates are higher on the weekend and our competitors struggle to cover these weekend callouts. LIABILITY INSURANCE It is company policy that you have your own liability insurance. Please provide a copy of the insurance certificate. Also please forward all renewals certificates or you will be unable to carry out any work for us. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES MATERIALS Page 1 of 5 We are pleased to reimburse you for your materials costs when an original VAT receipt is provided made out to HOME SERVICES DIRECT LTD or cash. PLEASE NOTE · · · · · · · · · Credit card slips can not be accepted Photocopies/faxes cannot be accepted (unless you are Vat registered) Materials invoices should be enclosed with your paper work and attached to the relevant job. The materials used on a job must be detailed on the customers invoice. When charging for parts the cost should be marked up from trade to retail. When making this calculation you should bear in mind that the most generous of trade discounts would not amount to more than 30%. Any van stock used should be replaced and the VAT invoice given in with the job that the parts were for, clearly stating that van stock was used and you have re stocked. We do not reimburse for the cost of tools or sundry items (glue, blades, nuts , drills etc) these items should be charged to the customer as sundries and marked up accordingly. Advice notes/ delivery notes are not VAT invoices. We do not pay out on parts receipts if they have been handed in at a later date—all paper work needs to be handed in together. Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES Page 1 of 5 Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES Page 1 of 5 Name: ______________________________________________________________________ Date: ______________________________________________________________________ Signed: ______________________________________________________________________ CONTRACT FOR SERVICES BACS APPLICATION FORM ENGINEER NUMBER: ENGINEER EMAIL ADDRESS: NAME: COMPANY NAME: BANK NAME AND ADDRESS: Page 1 of 5 NAME ON ACCOUNT SORT CODE ACCOUNT NUMBER BUILDING SOCIETY ACCOUNT REFERENCE NUMBER: SIGNED: ___________________________________________ DATED: ___________________________________________ PLEASE RETURN TO: ACCOUNTS DEPARTMENT HOME SERVICES DIRECT LTD THE OFFICE BRIDEWELL FARM HOUSE CHILMINGTON GREEN ASHFORD KENT TN23 3DP CONTRACT FOR SERVICES DETAILS OF REFEREES Page 1 of 5 Please provide the names and email addresses of two referees at least one should be a previous employer or contractor. Name: Email Address: Position (if applicable): Please indicate if referee is an Employer or Personal Name: Email Address: Position (if applicable): Please indicate if referee is an Employer or Personal