TERMS AND CONDITIONS FOR HIRERS

TERMS AND CONDITIONS FOR HIRERS

  • Definitions and Interpretation 
    1. For these terms the following definitions apply:

Actual Rate of Pay” means the rate of pay that is due to the student (before statutory deductions and any deductions are made

Student” or “worker” means the individual who is Introduced or supplied to the Hirer to fill a vacancy or cover a short term staffing requirement having been sourced through the StuTemp website;

Worker Rating” means the rating given to Workers after he/she has completed an Assignment; 

Assignment” means the Services to be provided by the Worker to the Hirer for a period of time; 

Assignment Details Form” means written confirmation of the details agreed with the Hirer prior to commencement of each Assignment containing all of the relevant particulars of the Assignment;

Charges” means the hourly charges of StuTemp calculated in accordance with clause 6.1 and as may be varied from time to time in accordance with these Terms;

Data Protection Laws” means: means  the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018 and, in each case, all legislation and regulations enacted in the UK in respect of the protection and transfer of personal data; 

Engagement” means the engagement (including the Worker’s acceptance of the Hirer’s offer), employment or use of the Worker by the Hirer or any third party to whom the Worker has been Introduced by the Hirer, directly or indirectly, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Agency Worker is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly; 

Hirer” means the person, corporate body and other entity making use of the functionality of StuTemp’s website and online platform, and being clients looking to source suitable staff to meet short term and/or temporary staffing requirements; 

Introduction” means (i) the passing to the Hirer of a curriculum vitae or information that identifies the Worker; or (ii) the Hirer’s interview of the Worker (in person or by telephone or by any other means), following the Hirer’s instruction to StuTemp to supply a temporary worker; or (iii) the supply of the Worker; and, in any case, which leads to an Engagement of the temporary worker or the Worker; and “Introduced” and “Introducing” shall be construed accordingly. In so far as the person engaged is a member of StuTemp’ own staff an Introduction shall be deemed to have occurred on any and each communication whether direct or indirect between the staff member and the Hirer;

Losses” means all direct losses, liabilities, damages, costs, expenses (excluding any consequential loss, economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;

Multiplier” means the mark up charged to the Hirer as set out in clause 6.2; 

Period of Extended Hire” means any additional period that the Hirer wishes the Worker to be supplied for beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee;

 “Services” means the services specified in the relevant Assignment Details Form and provided in accordance with these Terms; 

StuTemp” means StuTemp Ltd with registered office at 4 Goods Yard Close, Loughborough LE11 5EB; 

Timesheet” means the part of the website where the Agency Worker can confirm or dispute the hours of the Assignment; and 

Transfer Fee” means £199 (plus any VAT that is due at the applicable rate from time to time) per Agency Worker; 

WTR” means the Working Time Regulations 1998.

  • The StuTemp and Hirer Contract 
      1. StuTemp will provide the Services (as set out in the Assignment Details Form) on the terms and conditions set out in these Terms.  The Hirer acknowledges that StuTemp is not an agent or partner or employer of the Worker but engages the services of the Worker through a continued employment contract with a 3rd party.
      2. These Terms (and any documents referred in these Terms) are the entire agreement between StuTemp and the Hirer and shall govern all Assignments between StuTemp and the Hirer. These Terms overrule over any terms of business put forward by the Hirer. No variation to these Terms shall be valid unless the details are agreed between the StuTemp and the Hirer and are set out in writing. 
      3. StuTemp shall act as a staffing solutions provider and not an agency throughout this agreement
  • Hirer Obligations 
    1. The Hirer must provide StuTemp details of each job vacancy posting, including:
      1. who the Hirer is and the nature of its business;
      2. the start date of the Assignment and its duration or likely duration;
      3. the position which the Hirer seeks to fill, including:
        1. the type of work the Worker would be required to do in that position;
        2. the location at which the Worker would be required to work;
        3. the hours during which the Worker would be required to work; and
        4. any risks to health and safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
      1. the experience, training, qualifications and any authorisation that the Hirer considers are necessary, or which are required by law, or by any professional body, for the Agency Worker to possess in order to work in the Assignment;
      2. any expenses payable by, or to, the Worker; and

along with any other details requested by StuTemp. 

    1. The Hirer understands the information provided about Assignments will be provided to Workers through StuTemp’s website. The Hirer also understands that StuTemp is not involved in the Hirer’s selection of Workers for an Assignment unless specified. 
    2. The Hirer warrants that: 
      1. all information and documentation supplied to StuTemp in accordance with clause 3.1 is complete, accurate and up-to-date; and 
      2. it will, during the term of the relevant Assignment, immediately inform StuTemp in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.1. 
    1. The Hirer confirms that it knows of no reason why it would be detrimental to the interests of the Worker for the Worker to fill the Assignment. 
    2. The Hirer shall inform StuTemp in writing of any: 
      1. oral or written complaint the Worker makes to the Hirer which is or may be a complaint connected with rights; and 
      2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from the Worker,

as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer. The Hirer will take such action and give such information and assistance as StuTemp may request, and within any timeframe requested by StuTemp, in order to resolve any such complaint, and shall provide any such information in a written statement to the Worker within 28 days of the Hirer’s receipt of such a request and the Hirer will provide StuTemp with a copy of any such written statement.

      1. The Hirer will give a Worker Rating through the website of the Worker based on a range of factors. The Hirer ensures any Worker Rating is reflective, correct and not misleading. The Hirer understands that after each Assignment the Worker will give a rating via the website of the Hirer based on a range of factors. Workers must make sure each rating will be reflective, correct and not misleading. 
      2. If a Worker receives a Worker Rating they believe is too low, or is not reflective, is incorrect or misleading, StuTemp will review the Worker Rating provided and decide whether the Worker Rating is justified. 
  • Information to be given to Hirer from StuTemp
      1. When Introducing an Worker to the Hirer, StuTemp shall inform the Hirer: 
        1. who the Worker is; 
        2. that the Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment, provided that the Hirer has provided the information in clause 3.1;
        3. that the Worker is willing to work;
        4. of the Charges.
      2. Where for any reason the information above is not given in paper form 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 Worker is Introduced for an Assignment in the same position as one in which the Worker had previously been supplied within the previous 5 business days and such information has already been given to the Hirer, unless the Hirer requests that the information be resubmitted. 
  • Timesheets 
      1. The Hirer shall complete the Timesheet in respect of all hours worked for each Assignment, which confirms the hours worked in relation to each Assignment or alternatively the Hirer shall pick another option on the website to change hours.
      2. If there is dispute in hours, StuTemp will investigate the matter (in a timely manner) and decide in its absolute discretion the correct amount of hours. The Hirer shall cooperate fully with any such investigation. 
      3. The Hirer must input hours that are true and reflective of hours worked by any Worker in respect of any Assignment. 
  • Charges 
    1. The Hirer must pay the Charges as agreed with the Hirer. 
    2. The Charges are calculated according to the number of hours worked by the Agency Worker (to the nearest quarter hour) and comprise the following:
      1. the Worker’s hourly rate of pay being the Actual Rate of Pay 
      2. an amount equal to any paid holiday leave 
      3. Employer’s National Insurance contributions;
      4. any travel, hotel or other expenses as may have been agreed with the Hirer or, if there is no such agreement, such expenses as are reasonable; and 

multiplied by a factor (the Multiplier). The Multiplier is stated before listing the Assignment on the website and will be confirmed once the Hirer has made an offer to any Agency Worker.

      1. StuTemp reserves the right to vary the Charges agreed with the Hirer, by giving written notice to the Hirer:
        1. in order to comply with any additional liability imposed by statute or other legal requirement or entitlement,
        2. if there is any variation in the Relevant Terms and Conditions.
      2. StuTemp will invoice the Charges to the Hirer after each shift of the Assignment has been completed. The Hirer will pay the Charges within 7 days of the date of the invoice. The Hirer agrees that in the event of non-payment of the invoice by the Hirer within 7 days of the date of the invoice, the Hirer will indemnify StuTemp and keep it indemnified in respect of all Losses incurred by the Hirer in respect of the recovery of the money due in respect of the invoice, whether they are incurred before or after judgement.
      3. The invoice will be sent out via StuTemp using a third party and the Hirer will be redirected to pay StuTemp from the invoice. 
      4. If the Hirer has multiple roles filled by throughout the week then an invoice will be sent out at the end of the week for all agency worker payments. 
      5. VAT is payable at the applicable rate on the entirety of the Charges. 
      6.  StuTemp has the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts not paid from after the invoice due date at the rate of 8% per annum above the base rate from time to time of the Bank of England, which shall accrue on a daily basis from the due date until the date of payment. 
      7. No refunds are paid by StuTemp, unless agreed in advance between StuTemp and the Hirer. 
      8. The Hirer is not allowed to make deductions, withholdings or other similar activities from any payments due to StuTemp. 
  • Worker Payment
      1. StuTemp takes responsibility for paying the Agency Worker by using a third party tax & legal partner
  • Worker Unsuitability 
      1. The Hirer must supervise and direct the Worker to make sure the Hirer is satisfied with the Workers  standard of work. If the Hirer is unsatisfied, they have the right to end the Assignment immediately and instructing the Worker to leave the Assignment immediately, or by directing StuTemp to remove the Worker. In such circumstances the Hirer shall only pay for the Charges for the hours worked. 
      2. The Hirer must notify StuTemp immediately, within the same working day if the Worker; 
        1. is more than 30 minutes late in arriving to the location of the Assignment; 
        2. does not turn up to the Assignment;
      3. On receipt of the notice from the Hirer by StuTemp that the Worker did not turn up to the Assignment, StuTemp will find a suitable worker to fill the place of the Worker who did not turn up. If the Worker does not turn up for any Assignment, this does not impact the Hirer’s obligation to pay the Charges for any hours when Worker did turn up or carried out any part of the Assignment for the Hirer or in respect of any other Workers.
      4. StuTemp shall notify the Hirer immediately if it receives or otherwise obtains information which gives StuTemp reasonable grounds to believe that the Worker supplied to the Hirer is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith without prior notice and without liability. Notwithstanding, the Hirer shall remain liable for all Charges incurred prior to the termination of the Assignment. 
  • Protection of Data and Confidentiality 
      1. All information the Worker provides is protected under Data Protection Laws and must not be used by the Hirer for any other reasons than to decide if to select the Worker to fill their vacancy. The Hirer must not pass on information to third parties. The Hirer understands and accepts the Website, Use, Privacy and Cookies Policy contained on StuTemp’s website. 
      2. StuTemp undertakes to keep confidential all Relevant Terms and Conditions that the Hirer discloses to StuTemp and not to use such information except for the purpose of filling roles with the hirer
  • Intellectual Property Rights and Licence 
      1.  All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Hirer. Accordingly StuTemp shall use its reasonable endeavours to ensure that the Worker shall execute all such documents and do all such acts in order to give effect to the Hirer’s rights pursuant to this clause. 
  • Liability 
      1. While StuTemp attempts to ensure workers standard of work is satisfactory, StuTemp accepts no liability for any loss, expense, damage or delay arising from any situations where the  worker does not turn up, or due to the dishonesty, wrong conduct, or lack of skill, of the Worker or if the assignment is terminated by the worker. For the avoidance of doubt, StuTemp does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law
      2. Workers supplied by StuTemp according to these Terms are engaged under continued employment contracts. Workers are not employees of StuTemp and are deemed to be under the supervision as well as direction of the Hirer from the time they get to the Assignment location and for the duration of the Assignment. The Hirer agrees to be responsible for all actions of the Workers acts, whether wilful, negligent or otherwise as if the Worker was on the Hirer’s payroll.
      3. The Hirer shall advise StuTemp of any special health and safety matters about which StuTemp is required to inform the Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Worker is to fill the Assignment. 
      4. The Hirer will also comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the Working Time Regulations, Health and Safety at work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 (as amended), by-laws, codes of practice and legal requirements to which the Hirer is ordinarily subject in respect of the Hirer’s own staff (excluding the matters specifically mentioned in clause 7 above), including in particular the provisions of adequate Employer’s and Public Liability Insurance cover for the Worker during all Assignments. 
      5. The Hirer undertakes not to request the supply of an Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the Hirer to perform the duties of a person on strike or taking official industrial action.
      6. The Hirer shall compensate StuTemp against any Losses incurred by StuTemp arising out of: 
        1. the services provided to the Hirer; 
        2. any Assignment; and/or 
        3. the Hirer’s breach of these terms and conditions by the Hirer.
  • Transfer Fees
      1. The Hirer shall be liable to pay a Transfer Fee if the Hirer Engages a Worker Introduced by StuTemp, other than via StuTemp, or Introduces the Worker to a third party and such Introduction results in an Engagement of the Worker by the third party, other than via StuTemp and:
        1. where the Worker has been supplied by StuTemp, such Engagement takes place during the Assignment or within the Relevant Period; or
        2. where the AWorker has not been supplied, such Engagement takes place within 6 months from the date of the Introduction to the Hirer.
      2. If the Hirer wishes to engage the Worker other than via StuTemp without liability to pay a Transfer Fee, the Hirer may, on giving one week’s written notice to StuTemp, engage the Worker for the Period of Extended Hire which shall be 80 hours.
      3. During such Period of Extended hire, StuTemp shall supply the Worker on the same terms on which the Worker has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before StuTemp received the notice in clause 12.2; and the Hirer shall continue to pay the Charges set out in clause 6. If StuTemp is unable to the supply the Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Worker on the same terms as the Assignment; but the Worker is Engaged by Hirer, the Hirer shall pay the Transfer Fee, reduced pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Worker other than via StuTemp before such Engagement commences, the parties agree that the Transfer Fee shall be due in full. 
      4. No refund of the Transfer Fee will be paid in the event that the Engagement of the Worker (other than via StuTemp) by the Hirer or by a third party to which the Hirer Introduces the Worker terminates.
      5. VAT is payable in addition to any Transfer Fee due.
  • Severability 

If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws. 

  • Governing Law And Jurisdiction 

These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.