CLIENT’S OBLIGATIONS AND WARRANTIES. 6.1 The Client is not obliged to place any Orders with the Agent or to engage any of the Candidates which may be referred to the Client by the Agent. 6.2 The Specification in respect of each Order shall provide the Agent with a clear and precise description of the Client’s requirements relating to the Contract Services to be provided. In particular, the Client shall provide the following information to the Agent prior to any Introduction:- 6.2.1 the identity and nature of the Client’s business; 6.2.2 the proposed commencement date for the Contract Services; 6.2.3 if appropriate, the duration, or likely duration, of the Assignment; 6.2.4 details of the Contract Services, including the type of work, hours of work and any specific requirements in relation to location; 6.2.5 the number of individuals required to provide the Contract Services; 6.2.6 any experience, training qualification or authorisation which the Client considers necessary, or which is required by law, or by any professional body for the Freelancer to provide the Contract Services; 6.2.7 any potential health and safety risks associated with or which may be experienced by any Freelancer providing the Contract Services together with the steps taken by the Client to prevent or control such risks; and 6.2.8 details of any expenses payable to the Freelancer. 6.3 The Client will provide the Agent with such assistance as may be required to enable the Agent adequately to perform its obligations arising out of this Agreement or any Order. 6.4 The Client acknowledges that the Freelancer shall be permitted to determine how he/she will provide the Contract Services and shall have the flexibility to determine the number of hours required and the times worked, to carry out the Contract Services, subject to (a) the Freelancer complying with any reasonable operational requirements of the Client and (b) any provisions to the contrary in the Specification. 6.5 The Client acknowledges that, subject to any provisions to the contrary in the Specification, the Freelancer shall be entitled to assign or sub-contract the performance of the Contract Services provided that the Agent and the Client are reasonably satisfied that the assignee or sub-contractor has the required skills, qualifications, resources and personnel to provide the Contract Services to the required standard and that the terms of any such assignment or sub-contract contain the same acknowledgments under and obligations imposed by the agreement between the Freelancer and the Agent. 6.6 The nature of the Contract Services to be supplied, their timing and/or location may be changed by agreement in writing between the Client and the Agent, provided always that the Agent receives reasonable prior notice of such changes and the Client agrees to pay any revised or additional charges of the Agent and/or the Freelancer which may arise as a result. 6.7 At the end of each [week/month] of the Assignment or on completion or termination of the Assignment (whichever may be the earlier) the Client shall sign the Freelancer’s timesheet in such form as the Agent may reasonably require to verify the number of hours worked by the Freelancer during that period. 6.8 By signing the Freelancer’s timesheet the Client is confirming the number of hours worked by the Freelancer. If the Client refuses to sign a Freelancer’s timesheet because there is a dispute about the number of hours claimed, the Client must inform the Agent within two working days of any dispute arising and shall co-operate fully and in a timely fashion with the Agent to enable the Agent to establish the number of hours during which the Contract Services have been provided by the Freelancer. For the avoidance of doubt, failure to sign any timesheet shall not remove the Client’s obligation to pay the Charges in respect of any Contract Services provided during the period concerned. If the Client does not inform the Agent as required above the Client shall be deemed to have accepted the number of hours set out in the Freelancer’s timesheet. 6.9 The Client shall not decline to sign a timesheet in cases of unsatisfactory supply of Contract Services. In such circumstances the provisions of clause 8 shall apply. 6.10 The Client shall ensure that its staff and premises comply with all relevant legislation or other regulations relating to health and safety matters so as to ensure that the Freelancer is provided with a safe working environment. In this context, the Client shall:- 6.10.1 ensure that valid and adequate Public Liability Insurance, Professional Indemnity Insurance, Employer’s Liability Insurance and any other appropriate insurance cover remains in force throughout the duration of this Agreement to cover the Client’s potential liability to the Agent and/or the Freelancer under this Agreement, (which shall include, but not be restricted to, any liability arising out of the Freelancer’s actions or omissions); 6.10.2 ensure that the Freelancer is not prevented from complying with any relevant legislation or regulation; and 6.10.3 take all reasonable care to prevent injury or disease to the Freelancer or his/her property. 6.11 The Client shall upon request from the Agent provide proof that such insurances are effective and evidence that the premiums are paid up to date. 6.12 The Client acknowledges and accepts that the Freelancer is in business on his/her own account. The Client further acknowledges that the Freelancer may therefore be engaged by third parties simultaneously to his/her performance of the Contract Services provided that in the reasonable opinion of the Client no conflict of interest exists as a result. 6.13 Notwithstanding clause 6.12 the Client will be responsible for instructing the Freelancer and monitoring the Freelancer’s performance against the Specification for the duration of the Assignment. 6.14 The Client shall comply in all respects with all relevant statutes, by-laws, codes of practice and legal requirements. 6.15 The Client warrants that:- 6.15.1 it shall not issue Specifications and/or the Freelancer shall not be obliged to provide the Contract Services where the provision of the Contract Services may:- (i) entail the Freelancer performing duties of (i) a person on official strike or taking part in other official industrial action (“the First Worker”); or (ii) the duties performed by any other worker engaged by the Client and who is assigned by the Client to perform the duties normally performed by the First Worker; or (ii) be detrimental to the interests of the Freelancer; 6.15.2 it shall inform and keep informed the Agent and, as appropriate, the Freelancer of any risks to health and safety to the Freelancer in the performance of the Contract Services and the steps taken to prevent and/ or control such risks. 6.16 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Freelancer to undertake the Contract Services and the Client shall inform the Agent immediately if it becomes aware of such reason.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
CLIENT’S OBLIGATIONS AND WARRANTIES. 6.1 The Client is not obliged to place any Orders with the Agent or to engage any of the Candidates which may be referred to the Client by the Agent.
6.2 The Specification in respect of each Order shall provide the Agent with a clear and precise description of the Client’s requirements relating to the Contract Services to be provided. In particular, the Client shall provide the following information to the Agent prior to any Introduction:-
6.2.1 the identity and nature of the Client’s business;
6.2.2 the proposed commencement date for the Contract Services;
6.2.3 if appropriate, the duration, or likely duration, of the Assignment;
6.2.4 details of the Contract Services, including the type of work, hours of work and any specific requirements in relation to location;
6.2.5 the number of individuals personnel required to provide the Contract Services;
6.2.6 any experience, training qualification or authorisation which the Client considers necessary, or which is required by law, or by any professional body for the Freelancer Supplier’s Personnel to provide the Contract Services;
6.2.7 any potential health and safety risks associated with or which may be experienced by any Freelancer personnel providing the Contract Services together with the steps taken by the Client to prevent or control such risks; and
6.2.8 details of any expenses payable to the FreelancerSupplier.
6.3 The Client will provide the Agent with such assistance as may be required to enable the Agent adequately to perform its obligations arising out of this Agreement or any Order.
6.4 The Client acknowledges that the Freelancer Supplier shall be permitted to determine how he/she it will provide the Contract Services and shall have the flexibility to determine the number of hours required and the times worked, to carry out the Contract Services, subject to
(a) the Freelancer Supplier complying with any reasonable operational requirements of the Client and (b) any provisions to the contrary in the Specification.
6.5 The Client acknowledges that, subject to any provisions to the contrary in the Specification, the Freelancer Supplier may supply any of the Supplier’s Personnel to perform the Services and where the Supplier is unable to provide any part of the Contract Services for any reason, the Supplier shall be entitled to assign or sub-contract the performance of the Contract Services provided that the Agent and the Client are reasonably satisfied that the assignee or sub-contractor has the required skills, qualifications, resources and personnel to provide the Contract Services to the required standard and that the terms of any such assignment or sub-contract contain the same acknowledgments under and obligations imposed by the agreement between the Freelancer Supplier and the Agent.
6.6 The nature of the Contract Services to be supplied, their timing and/or location may be changed by agreement in writing between the Client and the Agent, provided always that the Agent receives reasonable prior notice of such changes and the Client agrees to pay any revised or additional charges of the Agent and/or the Freelancer Supplier which may arise as a result.
6.7 At the end of each [week/month] of the Assignment or on completion or termination of the Assignment (whichever may be the earlier) the Client shall sign the FreelancerSupplier’s timesheet in such form as the Agent may reasonably require to verify the number of hours worked by the Freelancer Supplier’s Personnel during that period.
6.8 By signing the FreelancerSupplier’s timesheet the Client is confirming the number of hours worked by the FreelancerSupplier’s Personnel. If the Client refuses to sign a FreelancerSupplier’s timesheet because there is a dispute about the number of hours claimed, the Client must inform the Agent within two working days of any dispute arising and shall co-operate fully and in a timely fashion with the Agent to enable the Agent to establish the number of hours during which the Contract Services have been provided by each of the FreelancerSupplier’s Personnel. For the avoidance of doubt, failure to sign any timesheet shall not remove the Client’s obligation to pay the Charges in respect of any Contract Services provided during the period concerned. If the Client does not inform the Agent as required above the Client shall be deemed to have accepted the number of hours set out in the FreelancerSupplier’s timesheet.
6.9 The Client shall not decline to sign a timesheet in cases of unsatisfactory supply of Contract Services. In such circumstances the provisions of clause 8 shall apply.
6.10 The Client shall ensure that its staff and premises comply with all relevant legislation or other regulations relating to health and safety matters so as to ensure that the Freelancer is Supplier’s Personnel are provided with a safe working environment. In this context, the Client shall:-
6.10.1 ensure that valid and adequate Public Liability Insurance, Professional Indemnity Insurance, Employer’s Liability Insurance and any other appropriate insurance cover remains in force throughout the duration of this Agreement to cover the Client’s potential liability to the Agent and/or the Freelancer Supplier or the Supplier’s Personnel under this Agreement, (which shall include, but not be restricted to, any liability arising out of the FreelancerSupplier’s Personnel’s actions or omissions);
6.10.2 ensure that the Freelancer is Supplier’s Personnel are not prevented from complying with any relevant legislation or regulation; and
6.10.3 take all reasonable care to prevent injury or disease to the Freelancer Supplier’s Personnel or his/her their property.
6.11 The Client shall upon request from the Agent provide proof that such insurances are effective and evidence that the premiums are paid up to date.
6.12 The Client acknowledges and accepts that the Freelancer Supplier is in business on his/her its own account. The Client further acknowledges that the Freelancer Supplier and/or the Supplier’s Personnel may therefore be engaged by third parties simultaneously to his/her their performance of the Contract Services provided that in the reasonable opinion of the Client no conflict of interest exists as a result.
6.13 Notwithstanding clause 6.12 the Client will be responsible for instructing the Freelancer Supplier and monitoring the FreelancerSupplier’s performance against the Specification for the duration of the Assignment.
6.14 The Client shall comply in all respects with all relevant statutes, by-laws, codes of practice and legal requirements.
6.15 The Client warrants that:-
6.15.1 it shall not issue Specifications and/or the Freelancer Supplier shall not be obliged to provide the Contract Services where the provision of the Contract Services may:-
(i) entail the Freelancer Supplier or the Supplier’s Personnel performing duties of (i) a person on official strike or taking part in other official industrial action (“the First Worker”); or (ii) the duties performed by any other worker engaged by the Client and who is assigned by the Client to perform the duties normally performed by the First Worker; or
(ii) be detrimental to the interests of the FreelancerSupplier or the Supplier’s Personnel;
6.15.2 it shall inform and keep informed the Agent (and, as appropriate, each of the Freelancer Supplier’s Personnel) of any risks to health and safety to the Freelancer Supplier’s Personnel in the performance of the Contract Services and the steps taken to prevent and/ or and/or control such risks.
6.16 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Freelancer Supplier or the Supplier’s Personnel to undertake the Contract Services and the Client shall inform the Agent immediately if it becomes aware of such reason.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
CLIENT’S OBLIGATIONS AND WARRANTIES. 6.1 The Client is not obliged to place any Orders with the Agent or to engage any of the Candidates which may be referred to the Client by the Agent.
6.2 The Specification in respect of each Order shall provide the Agent with a clear and precise description of the Client’s requirements relating to the Contract Services to be provided. In particular, the Client shall provide the following information to the Agent prior to any Introduction:-
6.2.1 the identity and nature of the Client’s business;
6.2.2 the proposed commencement date for the Contract Services;
6.2.3 if appropriate, the duration, or likely duration, of the Assignment;
6.2.4 details of the Contract Services, including the type of work, hours of work and any specific requirements in relation to location;
6.2.5 the number of individuals personnel required to provide the Contract Services;
6.2.6 any experience, training qualification or authorisation which the Client considers necessary, or which is required by law, or by any professional body for the Freelancer Supplier’s Personnel to provide the Contract Services;
6.2.7 any potential health and safety risks associated with or which may be experienced by any Freelancer personnel providing the Contract Services together with the steps taken by the Client to prevent or control such risks; and
6.2.8 details of any expenses payable to the FreelancerSupplier.
6.3 The Client will provide the Agent with such assistance as may be required to enable the Agent adequately to perform its obligations arising out of this Agreement or any Order.
6.4 The Client acknowledges that the Freelancer Supplier shall be permitted to determine how he/she it will provide the Contract Services and shall have the flexibility to determine the number of hours required and the times worked, to carry out the Contract Services, subject to
to (a) the Freelancer Supplier complying with any reasonable operational requirements of the Client and (b) any provisions to the contrary in the Specification.
6.5 The Client acknowledges that, subject to any provisions to the contrary in the Specification, the Freelancer Supplier may supply any of the Supplier’s Personnel to perform the Services and where the Supplier is unable to provide any part of the Contract Services for any reason, the Supplier shall be entitled to assign or sub-contract the performance of the Contract Services provided that the Agent and the Client are reasonably satisfied that the assignee or sub-contractor has the required skills, qualifications, resources and personnel to provide the Contract Services to the required standard and that the terms of any such assignment or sub-contract contain the same acknowledgments under and obligations imposed by the agreement between the Freelancer Supplier and the Agent.
6.6 The nature of the Contract Services to be supplied, their timing and/or location may be changed by agreement in writing between the Client and the Agent, provided always that the Agent receives reasonable prior notice of such changes and the Client agrees to pay any revised or additional charges of the Agent and/or the Freelancer Supplier which may arise as a result.
6.7 At the end of each [week/month] of the Assignment or on completion or termination of the Assignment (whichever may be the earlier) the Client shall sign the FreelancerSupplier’s timesheet in such form as the Agent may reasonably require to verify the number of hours worked by the Freelancer Supplier’s Personnel during that period.
6.8 By signing the FreelancerSupplier’s timesheet the Client is confirming the number of hours worked by the FreelancerSupplier’s Personnel. If the Client refuses to sign a FreelancerSupplier’s timesheet because there is a dispute about the number of hours claimed, the Client must inform the Agent within two working days of any dispute arising and shall co-operate fully and in a timely fashion with the Agent to enable the Agent to establish the number of hours during which the Contract Services have been provided by each of the FreelancerSupplier’s Personnel. For the avoidance of doubt, failure to sign any timesheet shall not remove the Client’s obligation to pay the Charges in respect of any Contract Services provided during the period concerned. If the Client does not inform the Agent as required above the Client shall be deemed to have accepted the number of hours set out in the FreelancerSupplier’s timesheet.
6.9 The Client shall not decline to sign a timesheet in cases of unsatisfactory supply of Contract Services. In such circumstances the provisions of clause 8 shall apply.
6.10 The Client shall ensure that its staff and premises comply with all relevant legislation or other regulations relating to health and safety matters so as to ensure that the Freelancer is Supplier’s Personnel are provided with a safe working environment. In this context, the Client shall:-
6.10.1 ensure that valid and adequate Public Liability Insurance, Professional Indemnity Insurance, Employer’s Liability Insurance and any other appropriate insurance cover remains in force throughout the duration of this Agreement to cover the Client’s potential liability to the Agent and/or the Freelancer Supplier or the Supplier’s Personnel under this Agreement, (which shall include, but not be restricted to, any liability arising out of the FreelancerSupplier’s Personnel’s actions or omissions);
6.10.2 ensure that the Freelancer is Supplier’s Personnel are not prevented from complying with any relevant legislation or regulation; and
6.10.3 take all reasonable care to prevent injury or disease to the Freelancer Supplier’s Personnel or his/her their property.
6.11 The Client shall upon request from the Agent provide proof that such insurances are effective and evidence that the premiums are paid up to date.
6.12 The Client acknowledges and accepts that the Freelancer Supplier is in business on his/her its own account. The Client further acknowledges that the Freelancer Supplier and/or the Supplier’s Personnel may therefore be engaged by third parties simultaneously to his/her their performance of the Contract Services provided that in the reasonable opinion of the Client no conflict of interest exists as a result.
6.13 Notwithstanding clause 6.12 the Client will be responsible for instructing the Freelancer Supplier and monitoring the FreelancerSupplier’s performance against the Specification for the duration of the Assignment.
6.14 The Client shall comply in all respects with all relevant statutes, by-laws, codes of practice and legal requirements.
6.15 The Client warrants that:-
6.15.1 it shall not issue Specifications and/or the Freelancer Supplier shall not be obliged to provide the Contract Services where the provision of the Contract Services may:-
(ia) entail the Freelancer Supplier or the Supplier’s Personnel performing duties of (i) a person on official strike or taking part in other official industrial action (“the First Worker”); or (ii) the duties performed by any other worker engaged by the Client and who is assigned by the Client to perform the duties normally performed by the First Worker; or
(iib) be detrimental to the interests of the FreelancerSupplier or the Supplier’s Personnel;
6.15.2 it shall inform and keep informed the Agent (and, as appropriate, each of the Freelancer Supplier’s Personnel) of any risks to health and safety to the Freelancer Supplier’s Personnel in the performance of the Contract Services and the steps taken to prevent and/ or and/or control such risks.
6.16 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Freelancer Supplier or the Supplier’s Personnel to undertake the Contract Services and the Client shall inform the Agent immediately if it becomes aware of such reason.
Appears in 1 contract
Samples: Client Agreement
CLIENT’S OBLIGATIONS AND WARRANTIES. 6.1 The Client is not obliged to place any Orders with the Agent or to engage any of the Candidates which may be referred to the Client by the Agent.
6.2 The Specification in respect of each Order shall provide the Agent with a clear and precise description of the Client’s requirements relating to the Contract Services to be provided. In particular, the Client shall provide the following information to the Agent prior to any Introduction:-
6.2.1 the identity and nature of the Client’s business;
6.2.2 the proposed commencement date for the Contract Services;
6.2.3 if appropriate, the duration, or likely duration, of the Assignment;
6.2.4 details of the Contract Services, including the type of work, hours of work and any specific requirements in relation to location;
6.2.5 the number of individuals required to provide the Contract Services;
6.2.6 any experience, training qualification or authorisation which the Client considers necessary, or which is required by law, or by any professional body for the Freelancer to provide the Contract Services;
6.2.7 any potential health and safety risks associated with or which may be experienced by any Freelancer providing the Contract Services together with the steps taken by the Client to prevent or control such risks; and
6.2.8 details of any expenses payable to the Freelancer.
6.3 The Client will provide the Agent with such assistance as may be required to enable the Agent adequately to perform its obligations arising out of this Agreement or any Order.
6.4 The Client acknowledges that the Freelancer shall be permitted to determine how he/she will provide the Contract Services and shall have the flexibility to determine the number of hours required and the times worked, to carry out the Contract Services, subject to
to (a) the Freelancer complying with any reasonable operational requirements of the Client and (b) any provisions to the contrary in the Specification.
6.5 The Client acknowledges that, subject to any provisions to the contrary in the Specification, the Freelancer shall be entitled to assign or sub-contract the performance of the Contract Services provided that the Agent and the Client are reasonably satisfied that the assignee or sub-contractor has the required skills, qualifications, resources and personnel to provide the Contract Services to the required standard and that the terms of any such assignment or sub-contract contain the same acknowledgments under and obligations imposed by the agreement between the Freelancer and the Agent.
6.6 The nature of the Contract Services to be supplied, their timing and/or location may be changed by agreement in writing between the Client and the Agent, provided always that the Agent receives reasonable prior notice of such changes and the Client agrees to pay any revised or additional charges of the Agent and/or the Freelancer which may arise as a result.
6.7 At the end of each [week/month] of the Assignment or on completion or termination of the Assignment (whichever may be the earlier) the Client shall sign the Freelancer’s timesheet in such form as the Agent may reasonably require to verify the number of hours worked by the Freelancer during that period.
6.8 By signing the Freelancer’s timesheet the Client is confirming the number of hours worked by the Freelancer. If the Client refuses to sign a Freelancer’s timesheet because there is a dispute about the number of hours claimed, the Client must inform the Agent within two working days of any dispute arising and shall co-operate fully and in a timely fashion with the Agent to enable the Agent to establish the number of hours during which the Contract Services have been provided by the Freelancer. For the avoidance of doubt, failure to sign any timesheet shall not remove the Client’s obligation to pay the Charges in respect of any Contract Services provided during the period concerned. If the Client does not inform the Agent as required above the Client shall be deemed to have accepted the number of hours set out in the Freelancer’s timesheet.
6.9 The Client shall not decline to sign a timesheet in cases of unsatisfactory supply of Contract Services. In such circumstances the provisions of clause 8 shall apply.
6.10 The Client shall ensure that its staff and premises comply with all relevant legislation or other regulations relating to health and safety matters so as to ensure that the Freelancer is provided with a safe working environment. In this context, the Client shall:-
6.10.1 ensure that valid and adequate Public Liability Insurance, Professional Indemnity Insurance, Employer’s Liability Insurance and any other appropriate insurance cover remains in force throughout the duration of this Agreement to cover the Client’s potential liability to the Agent and/or the Freelancer under this Agreement, (which shall include, but not be restricted to, any liability arising out of the Freelancer’s actions or omissions);
6.10.2 ensure that the Freelancer is not prevented from complying with any relevant legislation or regulation; and
6.10.3 take all reasonable care to prevent injury or disease to the Freelancer or his/her property.
6.11 The Client shall upon request from the Agent provide proof that such insurances are effective and evidence that the premiums are paid up to date.
6.12 The Client acknowledges and accepts that the Freelancer is in business on his/her own account. The Client further acknowledges that the Freelancer may therefore be engaged by third parties simultaneously to his/her performance of the Contract Services provided that in the reasonable opinion of the Client no conflict of interest exists as a result.
6.13 Notwithstanding clause 6.12 the Client will be responsible for instructing the Freelancer and monitoring the Freelancer’s performance against the Specification for the duration of the Assignment.
6.14 The Client shall comply in all respects with all relevant statutes, by-laws, codes of practice and legal requirements.
6.15 The Client warrants that:-
6.15.1 it shall not issue Specifications and/or the Freelancer shall not be obliged to provide the Contract Services where the provision of the Contract Services may:-
(ia) entail the Freelancer performing duties of (i) a person on official strike or taking part in other official industrial action (“the First Worker”); or (ii) the duties performed by any other worker engaged by the Client and who is assigned by the Client to perform the duties normally performed by the First Worker; or
(iib) be detrimental to the interests of the Freelancer;
6.15.2 it shall inform and keep informed the Agent and, as appropriate, the Freelancer of any risks to health and safety to the Freelancer in the performance of the Contract Services and the steps taken to prevent and/ or control such risks.
6.16 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Freelancer to undertake the Contract Services and the Client shall inform the Agent immediately if it becomes aware of such reason.
Appears in 1 contract
Samples: Client Agreement
