Envisage Sub Contractor Terms & Conditions
1. Definitions
‘Company’ means Envisage Promotions Ltd.
‘Services’ means the services you are providing as a self-employed contractor.
‘Client’ means the person, firm or company requesting the services.
‘Subcontractor’ means you, the person carrying out or performing the services.
‘Booking’ means confirmation by the company of the services you are providing.
‘Fee’ means the fees set out in the booking.
By joining the company and accepting a booking, I, the subcontractor agree to be bound by the following terms and conditions:
2. Conditions Applicable
2.1 These terms constitute an agreement between the subcontractor and the company and they govern all bookings undertaken by you.
2.1a We will notify you of upcoming work in your area that we feel suits the skills you detailed in your application to join our agency.
2.2 The services will concern the provision of modelling assignments, promotional services, event services, marketing services, security services, stewarding, etc.
2.3 The services will be deemed to have been accepted by you, each time you accept a booking with the company. However, no agreement shall exist between the company and you between assignments.
2.4 For avoidance of doubt, nothing in these terms shall render you an employee, agent or partner of the company or the client.
2.5 The booking is not continuous with any previous period of work or booking with any other client.
2.6 You are engaged as a self-employed worker.
2.7 No variation or alteration of these terms shall be valid during the performance of any assignment unless approved by both parties in writing. We reserve the right to vary the terms of any assignment without liability, by prior notice in writing at any time prior to any assignment.
2.8 This agreement explicitly clarifies that it does not establish an employer-employee relationship. There is no mutual obligation between you and the Company. This means the Company is not obligated to provide work, and you are not compelled to accept any work offered. Your engagement is on an ad-hoc basis as a Event Staffing Representative, and you have the freedom to accept or decline assignments. Continuous assignments are not guaranteed, and there is no obligation for the Company to offer further assignments. Consequently, this document does not create a Contract of Employment between you and the Company.
2.9 By registering with the company, you acknowledge our retention of your personal data for the purpose of presenting potential staffing opportunities and maintaining essential business records.
2.10 The Company retains the right to determine and vary the hours of assignments, which may differ weekly. The Company is not obligated to offer assignments consistently, and similarly, you are not compelled to accept any offered assignment. If you decline assignment offers for a specific period, the agreement will be deemed not to involve assignments during that time.
2.11 The Company operates as an Employment Business and works to the standards enforced by The Employment Agency Standards (EAS) Inspectorate. EAS is the government authority responsible for the enforcement of certain agency worker rights.
3. Fees
3.1 The company will set the fee rate, which will be inclusive of travel.
3.2 Once I have agreed my booking fee, I will not attempt to renegotiate this. This includes things such as expenses, increased pay, etc. Should I do this then the company may replace me and cancel my booking, without any pay. In addition, after the
assignment I may not negotiate buy out fees, appearance fees, featured fees, etc.
3.3 Any uplift in costs (e.g. due to travel) MUST be agreed in advance.
3.4 I will not discuss fees with clients or colleagues.
3.5 I confirm that I am self-employed, and that therefore all fees to me are paid gross of taxes and National Insurance. To the extent that if either the company or client may become liable for such taxes and National Insurance, I hereby agree to indemnify them and keep them indemnified from and against all such liability, and they shall be entitled in satisfaction of indemnity, to make deductions from any money due to me to meet any liability as aforesaid.
3.6 If, following a booking, I am paid in cash, the full amount due from the client, I acknowledge that this sum includes not only my fee but also the company’s fee and commission and undertake to reimburse the company accordingly.
3.7 I acknowledge that your payment terms from your clients are 30 days. Payment will be made to me within 31 days of receiving my invoice.
3.8 I acknowledge that if my services are no longer required for any reason and I am given less than 24 hours’ notice of my start time, I may be paid 25% of my agreed fee. I understand that this is at the discretion of the company. For cancellations over 24 hours’ notice, I understand no fee will be due to me.
3.8a Should you no longer be able to attend a job that you have been booked for we require at least 24 hours notice to remove you from the booking. If we no longer require your services Envisage Promotions Ltd will endeavour to provide you with 24 hours’ notice
3.9 If I work past my booked finish time, I may not claim overtime or additional payment without written consent from the company.
3.10 If I am late for an assignment, the company has the right to reduce my pay to reflect the time I have worked.
3.11 I understand that The Company also reserves the right to terminate an assignment at any time for operational reasons.
3.12 I understand that the remuneration for my services will be determined and agreed upon at the time of booking.
3.13 The Company does not adhere to a fixed rate, recognising that each assignment demands varying levels of involvement and hours. Fee rates are confidential, fostering a relationship of trust and are bound by the confidentiality obligations outlined later in these terms. Compensation will be specifically for the hours booked and worked during an assignment.
3.14 You will either be working as a self-employed contractor Or PAYE agency staff. Before you accept any booking with us, we will let you know the basis on which you are being hired.
3.15 Envisage Agency will pay you any monies owed to you for the hours that you work regardless of whether as an Employment Business we have been paid by our client.
3.16 The rate of pay you receive will be confirmed to you in your booking confirmation. Your rate of pay will be no less than the prevailing National Minimum Wage.
3.17 If you work for us as PAYE agency staff your holiday pay will be the pro rata statutory entitlement in line with legal minimum requirements.
Invoices
3.14 At the end of the event I understand I must email my invoice to payments@envisagepromotions.co.uk otherwise this will delay my payment.
3.15 Invoices should be addressed to Envisage Promotions Ltd, quoting the relevant contract number that is noted on my booking. I must include my name, address, dates worked, event worked, total amount due and bank details for BACS payment.
3.16 If I do not have a UK bank account and my bank makes deductions I understand that this is out of control of the Company.
3.17 If I supply incorrect invoice details i.e. bank information, it is my responsibility to chase this with my bank. If any of this information is missing it will delay my payment.
3.18 Payment runs are only done once a week.
3.19 If I submit my invoice more than once it will delay payment as duplicate invoices go straight into the query system along with the original invoice and may delay payment.
3.20 If I add additional expenses that have not been pre-approved in writing my invoice will not be accepted.
4. Images/Recordings/Video
4.1 The company may use any of the images or videos I have supplied on their website or for any marketing purposes.
4.2 I will not tag or upload photographs or videos onto Facebook or similar websites without express permission from the company.
4.3 Photographs or videos taken whilst wearing the company clothing are the property of the company and I will not use these without express permission from the company.
4.4 The company or the client is hereby granted the exclusive right to use, distribute and allow or license others to make use of and distribute my name, portrait, film, pictures and video in connection with the advertising and/or publicity of me in the fields and in connection with the matters covered by this agreement.
4.5 Photographs, films and videos taken whilst I am carrying out the services I have been booked for are the property of the client &/or the company. By accepting a booking for services I accept this and that I cannot ask for additional fees. This includes any forms of media. Providing they are only used in a positive manner and that will not cause me any harm.
4.6 I may not send or authorise use of any images or video taken whilst working for the company to other similar agencies.
5. General
5.1 I undertake to be available and will abide by the terms agreed between the company and client and provide the services as detailed in my booking.
5.2 From time to time I may notify the company of my non-ability for work, or of particular clients for whom I do not wish to work.
5.3 Once an offer has been accepted in respect of my services, I shall faithfully carry out all my obligations agreed to by myself at point of booking.
5.4 In event of my failure to carry out a booking according to the professional standards I agree to abide by such terms as may be re-negotiated between the company and the client.
5.5 As a subcontractor I understand it is my responsibility to ensure I have the necessary insurance cover. I may have to provide evidence of insurance if requested.
5.6 I understand that once I have arrived at my booking that I am under the supervision of the client for the entirety I am providing services as booked. The client is responsible for my welfare and made aware of any health and safety/risk assessments that may be required. If I feel that my welfare is compromised then I must report this to the client immediately. Liability Disclaimer – The company holds no responsibility for any incidents or injuries that may occur while rendering services under the client’s supervision, even if the client is off-site.
5.7 I agree to provide at my own expense such materials as are deemed necessary for the provision of the company services to the client.
5.8 I acknowledge that I must not take-home clients clothing or equipment. Should this happen then I must return items to the client at my own cost.
5.9 I agree that I am responsible for my own valuables whilst carrying out services.
5.10 I understood and agree that the company is acting as a personnel manager only and does not operate as an employment agency.
5.11 I agree only to work times and carry out duties as detailed in my booking confirmation. Any changes to this must be notified and agreed in writing with the Company.
5.12 I will not approach the Company’s clients or potential clients to work for directly. Likewise, I will report to the Company director any client who approaches me directly to work outside of the Company. If I do work for a Client directly I understand that I will be in breach of contract.
5.13 I hereby authorise the company to sign any written documents relating to the above. I confirm that I will not sign any documents relating to bookings from clients without first consulting the company.
5.14 As a self-employed contractor I understand that I am not entitled to any length of break. The company, however, advise their clients to give breaks based on the following…
o Staff hired up to 4 hours – No break
o Staff hired up to 6 hours – 20-minute break
o Staff hired up to 8 hours – 30-minute break
o Staff hired 9 hours or more – One 30-minute break followed by one additional 10
minute break.
5.15 It is my responsibility to arrange breaks with the client at the start of the assignment.
5.16 As a self-employed contractor if I take a break which is longer than the time agreed by the client, then may will be deducted, I am only paid for the time I work.
5.17 Lone Working – I understand that if I am working alone then I am responsible for my own health and safety. However, I must contact the agency when I arrive and when I leave at the end of my shift.
5.18 Equipment – I understand should the client provide me with equipment to use to carry out the services, the onus is on me to ensure that I have had the required training/brief from the client to use equipment safely. I understand that I am not to carry out manual working unless I have agreed this directly with the client and they/I have the required insurance cover.
5.19 I accept that should I participate in any illegal activity during the period of the assignment and these actions prejudice the relationship with the companies client resulting in them cancelling any future assignments or refusing to pay for their promotion, my fee may not be paid but forfeited to offset the losses incurred to Envisage Promotions or any of its affiliates.
5.20 I confirm that I am legally entitled to work in the UK. Also, as I am an EU national I confirm that I hold the correct visas to work in the UK as a self-employed contractor. I can provide the required documentation if required.
5.21 I confirm that I have read, understood and will abide by the Terms and Conditions stated above.
6. General Data Protection Regulation – Data Protection
By accepting a booking with the company you agree to be bound by the General Data Protection Regulation (GDPR). As a subcontractor you still have to be responsible for a number of obligations.
• When you are working for the company as a contractor/supplier/subcontractor you may be required to collect data or be exposed to data.
• You may only use the data in accordance with formal instructions.
• You must respect the confidentiality of the data.
• You must always have an adequate level of data protection, e.g. the data is never left unattended during breaks, etc.
• You must inform the company immediately in the event of a data breach.
• You must make sure that all data is passed onto our client at the end of your booking. Data must not be passed on to third parties unless the client or the company has given its consent.
• The company and the client you are working for reserve the right to monitor the proper performance of the contract by carrying out assessments or audits