Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party. 4.2. Contractor warrants that Representative has the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause. 4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date. 4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care. 4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours. 4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performed. 4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreement. 4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction for the duration of the Assignment. 4.9. Contractor warrants that: 4.9.1. it is duly incorporated and validly existing under the law of its jurisdiction of incorporation; and 4.9.2. Representative owns five percent or more of Contractor and/or is an employee of Contractor; 4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement. 4.11. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdiction. 4.12. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 2 contracts
Samples: Service Agreement, Engagement and Provision of Services Agreement
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that Representative has the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Contractor warrants that:that –
4.9.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.9.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.9.3. Representative owns five percent or more of Contractor and/or is an employee of Contractor;
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor warrants that it shall procure that, where Representative is eligible in relation to the Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and hold harmless Employment Business and/or Client from any demands made against them in connection with this clause.
4.12. Subject to clause 7.2, Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 2 contracts
Samples: Services Agreement, Engagement and Provision of Services Agreement
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that Representative has the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any and by Representative and documentation it Contractor/Representative provides, in relation to its construction, operations, this Agreement and the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisationhereunder, are true and accurate and will be kept up to date.
4.44.3. Contractor warrants that Services shall will be performed with a high degree of professional skill and care.
4.54.4. Contractor shall will procure that Representative works such hours as are necessary to perform Services and that Representative shall will not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall will ensure that Representative shall will work for such minimum hours.
4.64.5. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall will act in a professional manner at all times when at the premises at which Services are to be performed.
4.74.6. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.84.7. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.94.8. Contractor warrants that:that –
4.9.14.8.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.8.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.8.3. Representative owns five percent or more is engaged by Contractor on a contract of Contractor and/or is an employee of Contractoremployment;
4.104.8.4. Contractor is responsible for and pays the correct PAYE tax and NICs in accordance with the relevant legislation in respect of any Representative.; and
4.8.5. where applicable, Contractor operates a legitimate travel and subsistence scheme for its employees in strict compliance with the relevant tax law and HMRC guidance and will check the accuracy of the expenses claims made by any Representative.
4.9. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall will ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.10. Contractor warrants that it will procure that, where Representative is eligible in relation to the Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and keep indemnified Employment Business from any demands made against them in connection with this clause 4.10.
4.11. Contractor shall be wholly responsible for warrants that Representative is employed by Contractor and that Contractor is a company registered within the United Kingdom. Contractor will, on request, provide proof of compliance with this clause as maybe required by Employment Business from time to time.
4.12. Contractor warrants that it will make payment of the correct payment of PAYE Income Tax and National Insurance Contributions and any applicable Tax other taxes and deductions payable in respect of Representative and Contractor warrants Representative’s remuneration for Services that it shall procure the correct payment of such Tax will be treated as United Kingdom derived employment income in its entirety in accordance with applicable laws all relevant legislation and Contractor will indemnify and keep indemnified Employment Business from any demands made against them in any relevant jurisdictionconnection with this clause 4.12.
4.124.13. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that it and Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it providesprovides to Employment Business or any third party, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true true, fully detailed, and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performedClient’s premises.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreement.
4.8time. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.94.8. Contractor warrants that:that –
4.9.14.8.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.8.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.8.3. Representative owns five percent or more of Contractor and/or is an employee of Contractor, except where the Representative is a substitute under clause 2.6;
4.9. Contractor warrants that –
4.9.1. it is not a Managed Service Company as defined in the Income Tax (Earnings and Xxxxxxxx) Xxx 0000;
4.9.2. it is an Intermediary as defined in Off-Payroll;
4.9.3. it is a company registered within the United Kingdom; and
4.9.4. the Services will be performed in the United Kingdom.
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor warrants that neither it, Representative or any third party acting on their behalf will by any act or omission (a) commit or cause, facilitate or contribute to the commission by any person of an offence under the Criminal Finances Xxx 0000 and/or (b) enter or facilitate an arrangement to avoid any of the conditions of Off Payroll, falling within scope of the TAAR (Targeted Anti Avoidance Rule) in Off Payroll and NICs equivalent.
4.12. Subject to clause 7.2, Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of Representative Assignment and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. Contractor will, on request, provide proof of compliance with this clause 4 3.4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreements
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that it and Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it providesprovides to Employment Business or any third party, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true true, fully detailed, and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performedClient’s premises.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment engagement checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Contractor warrants that:that –
4.9.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Act 2003;
4.9.2. it is an Intermediary as defined in Off-Payroll;
4.9.3. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.9.4. Representative owns five percent or more of Contractor and/or is an employee of Contractor;the Services will be performed in the United Kingdom.
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor warrants that neither it, Representative or any third party acting on their behalf will by any act or omission (a) commit or cause, facilitate or contribute to the commission by any person of an offence under the Criminal Finances Act 2017 and/or (b) enter or facilitate an arrangement to avoid any of the conditions of Off Payroll, falling within scope of the TAAR (Targeted Anti Avoidance Rule) in Off Payroll and NICs equivalent.
4.12. Subject to clause 7.2, Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of Representative Assignment and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Undertakings of Contractor.
4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants will notify Employment Business if it knows or has reason to believe that Representative has Representative(s) does not have the necessary skills, experienceright to work, training, qualifications qualifications, security clearances, criminal record checks and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, Assignment or for any other reason Representative is not suitable to provide proof of compliance with this clause.the Services
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any and by Representative and documentation it Contractor/Representative provides, in relation to its construction, operations, this Agreement and the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisationhereunder, are true and accurate and will be kept up to datedate and shall procure a warranty from the Representative on this basis in their contract of employment.
4.4. Contractor warrants and shall procure a warranty from the Representative in their contract of employment that Services shall will be performed with a high degree of professional skill and care.
4.5. Contractor shall will procure that Representative works such hours as are necessary to perform Services and that Representative shall will not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall will ensure that Representative shall will work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall will act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Representative will provide Services under the supervision, direction or control of the Client and/or the Client will have the right thereof, unless specified otherwise in Assignment Schedule.
4.10. Contractor warrants that:that –
4.9.14.10.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.10.2. it is a company registered within the law United Kingdom;
4.10.3. Representative is engaged by Contractor on a contract of employment;
4.10.4. it is not an Intermediary as defined in Off Payroll;
4.10.5. all payments made to Representative, including remuneration for Services, will be treated as United Kingdom derived employment income in their entirety;
4.10.6. it is transparent in its jurisdiction payslips and communications on pay, holiday leave and benefits to Representative, prompts Representative to take paid holiday leave to which Representative is legally entitled and is fair and transparent when fulfilling its employer duties and exercising any discretion;
4.10.7. Contractor is responsible for and pays on time the correct PAYE taxes, NICs, apprenticeship levy, VAT, other statutory liabilities and corporate taxation in respect of incorporationall monies received pursuant to this Agreement and Representative’s Services; and
4.9.24.10.8. any expenses paid in respect of the Services to Representative owns five percent or more of are in strict compliance with relevant tax law and HMRC guidance, and have been verified by the Contractor and/or is an employee of Contractor;as accurate and genuinely incurred.
4.104.11. Contractor warrants that it will ensure the relevant provisions of and warranties given in this Agreement are included within the contract between Contractor and Representative and shall will ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11Agreement 4.12. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and Contractor warrants that it shall will procure that, where Representative is eligible in relation to the correct payment of such Tax Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with applicable laws The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and keep indemnified Employment Business from any demands made against them in any relevant jurisdictionconnection with this clause 4.12.
4.124.13. Contractor warrants that Representative is employed by Contractor and that Contractor is a company registered within the United Kingdom. Contractor will, on request, provide proof of compliance with this clause as may be required by Employment Business from time to time.
4.14. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreement
Undertakings of Contractor.
4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Where required as stated within the Assignment Schedule, Contractor warrants confirms that Representative has Representative(s) has/have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any and by Representative and documentation it Contractor/Representative provides, in relation to its construction, operations, this Agreement and the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisationhereunder, are true and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall will be performed with a high degree of professional skill and care.
4.5. Contractor shall will procure that Representative works such hours as are necessary to perform Services and that Representative shall will not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall will ensure that Representative shall will work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall will act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Contractor warrants that:that –
4.9.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.9.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.9.3. Representative owns five percent or more is engaged by Contractor on a contract of employment;
4.9.4. Contractor and/or is an employee responsible for and pays the correct PAYE tax and NICs in accordance with the relevant legislation in respect of Contractor;any Representative.; and
4.9.5. where applicable, Contractor operates a legitimate travel and subsistence scheme for its employees in strict compliance with the relevant tax law and HMRC guidance and will check the accuracy of the expenses claims made by any Representative.
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall will ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor shall be wholly responsible for warrants that it will procure that, where Representative is eligible in relation to the Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and keep indemnified Employment Business and/or Client from any demands made against them in connection with this clause 4.11.
4.12. Contractor warrants that Representative is employed by Contractor and that Contractor is a company registered within the United Kingdom. Contractor will, on request, provide proof of compliance with this clause as maybe required by Employment Business from time to time.
4.13. Contractor warrants that it will make payment of the correct payment of PAYE Income Tax and National Insurance Contributions and any applicable Tax other taxes and deductions payable in respect of Representative and Contractor warrants Representative’s remuneration for Services that it shall procure the correct payment of such Tax will be treated as United Kingdom derived employment income in its entirety in accordance with applicable laws all relevant legislation and Contractor will indemnify and keep indemnified Employment Business and/or Client from any demands made against them in any relevant jurisdictionconnection with this clause 4.13.
4.124.14. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Agreement for the Engagement and Provision of Services
Undertakings of Contractor. 4.1. The Contractor warrants to the Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. The Contractor further warrants to the Employment Business that the Representative, by performing the Services on behalf of the Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. The Contractor warrants that it and its Representative has have the necessary skills, experience, training, qualifications and any other authorisation which the Client considers are necessary, or which are required by law or by any professional body to provide the Services for the period of the Assignment. The Contractor shall, on request, provide proof of compliance with this clause.
4.3. The Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of the Services in the course of the Assignment and relating to the Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date.
4.4. The Contractor warrants that the Services shall be performed with a high degree of professional skill and care.
4.5. The Contractor shall procure that the Representative works such hours as are necessary to perform the Services and that the Representative shall not unreasonably fail to provide the Services during hours required by the Client for the convenience of the Client and for the proper performance of the Services. Where minimum hours are specified in the Assignment Schedule, the Contractor warrants that it shall ensure that the Representative shall work for such minimum hours.
4.6. The Contractor warrants that the Representative shall follow all applicable rules and procedures of the Client relevant to independent contractors and the delivery of the Services and shall act in a professional manner at all times when at the premises at which the Services are to be performed.
4.7. The Contractor warrants that it and the Representative shall, in relation to the Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. The Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. The Contractor warrants that:that –
4.9.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.9.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.9.3. the Representative owns five percent or more of Contractor and/or the Contractor, except where the Representative is an employee of Contractor;a substitute under clause 2.6.
4.10. The Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between the Contractor and the Representative and shall ensure that the Representative is fully aware of their obligations in connection with this Agreement.
4.11. The Contractor warrants that it shall procure that, where the Representative is eligible in relation to the Assignment hereunder, the Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and the Contractor hereby agrees that it will indemnify and hold harmless the Employment Business and/or the Client from any demands made against them in connection with this clause.
4.12. Subject to clause 7.2, the Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of the Representative and the Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. The Contractor will, on request, provide proof of compliance with this clause 4 as may be required by the Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreements
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants will notify Employment Business if it knows or has reason to believe that Representative has Representative(s) does not have the necessary skills, experienceright to work, training, qualifications qualifications, security clearances, criminal record checks and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, Assignment or for any other reason Representative is not suitable to provide proof of compliance with this clause.the Services
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any and by Representative and documentation it Contractor/Representative provides, in relation to its construction, operations, this Agreement and the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisationhereunder, are true and accurate and will be kept up to datedate and shall procure a warranty from the Representative on this basis in their contract of employment.
4.4. Contractor warrants and shall procure a warranty from the Representative in their contract of employment that Services shall will be performed with a high degree of professional skill and care.
4.5. Contractor shall will procure that Representative works such hours as are necessary to perform Services and that Representative shall will not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall will ensure that Representative shall will work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall will act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Representative will provide Services under the supervision, direction or control of the Client and/or the Client will have the right thereof, unless specified otherwise in Assignment Schedule.
4.10. Contractor warrants that:that –
4.9.14.10.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.10.2. it is a company registered within the law United Kingdom;
4.10.3. Representative is engaged by Contractor on a contract of employment;
4.10.4. it is not an Intermediary as defined in Off Payroll;
4.10.5. all payments made to Representative, including remuneration for Services, will be treated as United Kingdom derived employment income in their entirety;
4.10.6. it is transparent in its jurisdiction payslips and communications on pay, holiday leave and benefits to Representative, prompts Representative to take paid holiday leave to which Representative is legally entitled and is fair and transparent when fulfilling its employer duties and exercising any discretion;
4.10.7. Contractor is responsible for and pays on time the correct PAYE taxes, NICs, apprenticeship levy, VAT, other statutory liabilities and corporate taxation in respect of incorporationall monies received pursuant to this Agreement and Representative’s Services; and
4.9.24.10.8. any expenses paid in respect of the Services to Representative owns five percent or more of are in strict compliance with relevant tax law and HMRC guidance, and have been verified by the Contractor and/or is an employee of Contractor;as accurate and genuinely incurred.
4.104.11. Contractor warrants that it will ensure the relevant provisions of and warranties given in this Agreement are included within the contract between Contractor and Representative and shall will ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11Agreement 4.12. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and Contractor warrants that it shall will procure that, where Representative is eligible in relation to the correct payment of such Tax Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with applicable laws The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and keep indemnified Employment Business from any demands made against them in any relevant jurisdictionconnection with this clause 4.12.
4.124.13. Contractor warrants that Representative is employed by Contractor and that Contractor is a company registered within the United Kingdom. Contractor will, on request, provide proof of compliance with this clause as may be required by Employment Business from time to time.
4.14. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that it and Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it providesprovides to Employment Business or any third party, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true true, fully detailed, and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performedClient’s premises.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment engagement checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction of where Services are to be delivered for the duration of the Assignment.
4.9. Contractor warrants that:that –
4.9.1. it is duly incorporated a company registered and validly existing under the law of its jurisdiction of incorporation; andor
4.9.2. Representative owns five percent or more validly registered as self-employed under the laws of Contractor and/or is an employee of Contractorits jurisdiction;
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdiction.
4.12. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreements
Undertakings of Contractor. 4.1. 4.1 Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. 4.2 Contractor warrants that it and Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. 4.3 Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it providesprovides to Employment Business or any third party, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true true, fully detailed and accurate and will be kept up to date.
4.4. 4.4 Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. 4.5 Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. 4.6 Contractor warrants that Representative shall follow all known and applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performedClient’s premises.
4.7. 4.7 Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. 4.8 Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the AssignmentAssignment as per the provisions of the Immigration, Asylum and Nationality Xxx 0000.
4.9. 4.9 Contractor warrants that:that –
4.9.1. 4.9.1 it is duly incorporated not a Managed Service Company as defined in section 61b of the Income Tax (Earnings and validly existing under the law of its jurisdiction of incorporationXxxxxxxx) Xxx 0000;
4.9.2 it is an Intermediary as defined in Off-Payroll; and
4.9.2. Representative owns five percent or more of Contractor and/or 4.9.3 it is an employee of Contractor;
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included a company registered, operating, and administering payroll within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this AgreementUnited Kingdom, subject to United Kingdom tax legislation.
4.11. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdiction.
4.12. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreements
Undertakings of Contractor.
4.1. The Contractor warrants to the Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. The Contractor further warrants to the Employment Business that the Representative, by performing the Services on behalf of the Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. The Contractor warrants will notify the Employment Business if it knows or has reason to believe that Representative has the Representative(s) does not have the necessary right to work, skills, experience, training, qualifications qualifications, security clearances, criminal record checks and any other authorisation which the Client considers are necessary, or which are required by law or by any professional body to provide the Services for the period of the Assignment. Contractor shall, on request, Assignment or for any other reason the Representative is not suitable to provide proof of compliance with this clausethe Services.
4.3. The Contractor warrants and represents that all statements, whether oral or written, made by it and/or any and by the Representative and documentation it the Contractor/Representative provides, in relation to its construction, operations, this Agreement and the performance of the Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisationhereunder, are true and accurate and will be kept up to date.date and shall procure a warranty from the Representative on this basis in their contract of employment..
4.4. The Contractor warrants and shall procure a warranty from the Representative in their contract of employment that the Services shall will be performed with a high degree of professional skill and care.
4.5. The Contractor shall will procure that the Representative works such hours as are necessary to perform the Services and that the Representative shall will not unreasonably fail to provide the Services during hours required by the Client for the convenience of the Client and for the proper performance of the Services. Where minimum hours are specified in the Assignment Schedule, the Contractor warrants that it shall will ensure that the Representative shall will work for such minimum hours.
4.6. The Contractor warrants that the Representative shall follow all applicable rules and procedures of the Client relevant to independent contractors and the delivery of the Services and shall will act in a professional manner at all times when at the premises at which the Services are to be performed.
4.7. The Contractor warrants that it and the Representative shall, in relation to the Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. The Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. The Representative will provide the Services under the supervision, direction or control of the Client and/or the Client will have the right thereof, unless specified otherwise in the Assignment Schedule.
4.10. The Contractor warrants that:that –
4.9.14.10.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.10.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.10.3. the Representative owns five percent or more is engaged by the Contractor on a contract of Contractor and/or is an employee of Contractoremployment;
4.104.10.4. all payments made to the Representative, including remuneration for the Services, will be treated as United Kingdom derived employment income in their entirety.
4.10.5. the Contractor is responsible for and pays the correct PAYE tax, NICs and other statutory deductions in accordance with relevant legislation in respect of any Representative’s remuneration; and
4.10.6. any expenses paid in respect of the Services to the Representative are in strict compliance with relevant tax law and HMRC guidance, and have been verified by the Contractor as accurate and genuinely incurred.
4.11. The Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between the Contractor and the Representative and shall will ensure that the Representative is fully aware of their obligations in connection with this Agreement.
4.114.12. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and The Contractor warrants that it shall will procure that, where the correct payment of such Tax Representative is eligible in relation to the Assignment hereunder, the Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with applicable laws The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and the Contractor hereby agrees that it will indemnify and keep indemnified the Employment Business from any demands made against them in any relevant jurisdictionconnection with this clause 4.12.
4.124.13. The Contractor warrants that the Representative is employed by the Contractor and that the Contractor is a company registered within the United Kingdom. The Contractor will, on request, provide proof of compliance with this clause as may be required by the Employment Business from time to time.
4.14. the Contractor will, on request, provide proof of compliance with this clause 4 as may be required by the Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreement
Undertakings of Contractor. 4.1. 4.1 Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that RepresentativeSeafarer, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. 4.2 Contractor warrants that Representative has it and Seafarer have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. 4.3 Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative Seafarer and documentation it providesprovides to Employment Business or any third party, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to RepresentativeSeafarer’s experience, training, qualifications and any relevant or necessary authorisation, are true and fully detailed, accurate and will be kept up to date.
4.4. 4.4 Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. 4.5 Contractor shall procure that Representative Seafarer works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative Seafarer shall work for such minimum hours.
4.6. 4.6 Contractor warrants that Representative Seafarer shall follow all known and applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performedClient’s premises.
4.7. 4.7 Contractor warrants that it and Representative Seafarer shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. 4.8 Contractor warrants that pre-employment engagement checks have been carried out in relation to each Representative Seafarer and that each Representative Seafarer has valid and subsisting leave to live, work and to remain lawfully in where the relevant jurisdiction Services are being performed for the duration of the Assignment.
4.9. 4.9 Contractor warrants that:that –
4.9.1. 4.9.1 it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Xxxxxxxx) Xxx 0000;
4.9.2 it is an Intermediary as defined in Off-Payroll;
4.9.3 it is a company registered, operating, and administering payroll within the law of its jurisdiction of incorporationUnited Kingdom, subject to United Kingdom tax legislation; and
4.9.2. Representative owns five percent or more of Contractor and/or 4.9.4 it is an employee of Contractor;
4.10. Contractor warrants that it will ensure compliant in all respects with the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable Off-Payroll working (IR35) legislation (in respect of Representative both corporate taxation and also application of PAYE Income Tax and National Insurance Contributions to payments received by Contractor warrants that it shall procure under the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionexisting IR35 regime).
4.12. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Seafarer Employment Agreement
Undertakings of Contractor. 4.1. The Contractor warrants to the Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. The Contractor further warrants to the Employment Business that the Representative, by performing the Services on behalf of the Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. The Contractor warrants will notify the Employment Business if it knows or has reason to believe that Representative has the Representative(s) does not have the necessary right to work, skills, experience, training, qualifications qualifications, security clearances, criminal record checks and any other authorisation which the Client considers are necessary, or which are required by law or by any professional body to provide the Services for the period of the Assignment. Contractor shall, on request, Assignment or for any other reason the Representative is not suitable to provide proof of compliance with this clausethe Services.
4.3. The Contractor warrants and represents that all statements, whether oral or written, made by it and/or any and by the Representative and documentation it the Contractor/Representative provides, in relation to its construction, operations, this Agreement and the performance of the Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisationhereunder, are true and accurate and will be kept up to date.date and shall procure a warranty from the Representative on this basis in their contract of employment..
4.4. The Contractor warrants and shall procure a warranty from the Representative in their contract of employment that the Services shall will be performed with a high degree of professional skill and care.
4.5. The Contractor shall will procure that the Representative works such hours as are necessary to perform the Services and that the Representative shall will not unreasonably fail to provide the Services during hours required by the Client for the convenience of the Client and for the proper performance of the Services. Where minimum hours are specified specified in the Assignment Schedule, the Contractor warrants that it shall will ensure that the Representative shall will work for such minimum hours.
4.6. The Contractor warrants that the Representative shall follow all applicable rules and procedures of the Client relevant to independent contractors and the delivery of the Services and shall will act in a professional manner at all times when at the premises at which the Services are to be performed.
4.7. The Contractor warrants that it and the Representative shall, in relation to the Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. The Contractor warrants that pre-employment checks have been carried out in relation to each the Representative and that each the Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. The Representative will provide the Services under the supervision, direction or control of the Client and/or the Client will have the right thereof, unless specified otherwise in the Assignment Schedule.
4.10. The Contractor warrants that:that –
4.9.14.10.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.10.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.10.3. the Representative owns five percent or more is engaged by the Contractor on a contract of Contractor and/or is an employee of Contractoremployment;
4.104.10.4. All payments made to the Representative, including remuneration for the Services, will be treated as United Kingdom derived employment income in their entirety.
4.10.5. the Contractor is responsible for and pays the correct PAYE tax, NICs and other statutory deductions in accordance with relevant legislation in respect of any Representative’s remuneration; and
4.10.6. Any expenses paid in respect of the Services to the Representative are in strict compliance with relevant tax law and HMRC guidance, and have been verified by the Contractor as accurate and genuinely incurred.
4.11. The Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between the Contractor and the Representative and shall will ensure that the Representative is fully aware of their obligations in connection with this Agreement.
4.114.12. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and The Contractor warrants that it shall will procure that, where the correct payment of such Tax Representative is eligible in relation to the Assignment hereunder, the Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with applicable laws The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and the Contractor hereby agrees that it will indemnify and keep indemnified the Employment Business from any demands made against them in any relevant jurisdictionconnection with this clause 4.11.
4.124.13. The Contractor warrants that the Representative is employed by the Contractor and that the Contractor is a company registered within the United Kingdom. The Contractor will, on request, provide proof of compliance with this clause as may be required by the Employment Business from time to time.
4.14. The Contractor will, on request, provide proof of compliance with this clause 4 as may be required by the Employment Business from time to time.
Appears in 1 contract
Samples: Engagement and Provision of Services
Undertakings of Contractor. 4.1. 4.1 Contractor warrants to Employment Business Synapri that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. 4.2 Contractor warrants that it and its Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. 4.3 Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date.
4.4. 4.4 Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. 4.5 Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. 4.6 Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. 4.7 Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. 4.8 Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the AssignmentAssignment as per the provisions of the Immigration, Asylum and Nationality Act 2006.
4.9. 4.9 Contractor warrants that:that –
4.9.1. 4.9.1 it is duly incorporated not a Managed Service Company as defined in section 61b of the Income Tax (Earnings and validly existing under Pensions) Act 2003 (as amended);
4.9.2 it is a company registered, operating, and administering payroll within the law of its jurisdiction of incorporation; andUnited Kingdom, subject to United Kingdom tax legislation;
4.9.2. 4.9.3 Representative is a director of, owns five percent or more of Contractor and/or Contractor, and in any event controls, the company except where the Representative is an employee of Contractor;a substitute under clause 2.5; and
4.10. 4.9.4 it is compliant in all respects with the off-payroll working (IR35) legislation.
4.10 Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. 4.11 Contractor warrants that it shall procure that, where Representative is eligible in relation to the Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and hold harmless Synapri and/or Client from any demands made against them in connection with this clause.
4.12 Subject to clause 8.2, Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13 Contractor warrants that all remuneration (as defined in the Tax Regulations) made to or receivable by any Representative or Substitute in consequence of providing the Services constitute and are treated as employment income for income tax purposes.
4.14 The Contractor shall, prior to accepting the Assignment, notify Synapri of any current, unspent and unfiltered convictions, as determined under the Rehabilitation of Offenders Act 1974, that its Representative who is to perform the Assignment may have. The Contractor shall also disclose any conviction that may be incurred by it, or the Representative, whilst performing the Assignment, regardless of whether it was committed outside of the performance of the Services. At the request of Synapri, the Contractor shall also provide details of any spent convictions which are unfiltered of the Representative who is to perform the Assignment. Failure to disclose this information shall give Synapri the right to terminate this Agreement with immediate effect and without notice or payment in lieu of notice.
4.15 Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business Synapri from time to time.
Appears in 1 contract
Undertakings of Contractor.
4.1. The Contractor warrants to the Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. The Contractor further warrants to the Employment Business that the Representative, by performing the Services on behalf of the Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. The Contractor warrants that it and its Representative has have the necessary skills, experience, training, qualifications and any other authorisation which the Client considers are necessary, or which are required by law or by any professional body to provide the Services for the period of the Assignment. The Contractor shall, on request, provide proof of compliance with this clause.
4.3. The Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of the Services in the course of the Assignment and relating to the Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date.
4.4. The Contractor warrants that the Services shall be performed with a high degree of professional skill and care.
4.5. The Contractor shall procure that the Representative works such hours as are necessary to perform the Services and that the Representative shall not unreasonably fail to provide the Services during hours required by the Client for the convenience of the Client and for the proper performance of the Services. Where minimum hours are specified in the Assignment Schedule, the Contractor warrants that it shall ensure that the Representative shall work for such minimum hours.
4.6. The Contractor warrants that the Representative shall follow all applicable rules and procedures of the Client relevant to independent contractors and the delivery of the Services and shall act in a professional manner at all times when at the premises at which the Services are to be performed.
4.7. The Contractor warrants that it and the Representative shall, in relation to the Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. The Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. The Contractor warrants that:that –
4.9.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.9.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.9.3. the Representative owns five percent or more of Contractor and/or the Contractor, except where the Representative is an employee of Contractor;a substitute under clause 2.6.
4.10. The Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between the Contractor and the Representative and shall ensure that the Representative is fully aware of their obligations in connection with this Agreement.
4.11. The Contractor warrants that it shall procure that, where the Representative is eligible in relation to the Assignment hereunder, the Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and the Contractor hereby agrees that it will indemnify and hold harmless the Employment Business and/or the Client from any demands made against them in connection with this clause.
4.12. Subject to clause 7.2, the Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of the Representative and the Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. The Contractor will, on request, provide proof of compliance with this clause 4 as may be required by the Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreements
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that Representative has the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreement.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction for the duration of the Assignment.
4.9. Contractor warrants that:
4.9.1. it is duly incorporated and validly existing under the law of its jurisdiction of incorporation; and
4.9.2. Representative owns five percent or more of Contractor and/or is an employee of Contractor;
4.10. Contractor warrants that it will ensure the relevant and provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdiction.
4.12. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Undertakings of Contractor.
4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants will notify Employment Business if it knows or has reason to believe that Representative has Representative(s) does not have the necessary skills, experienceright to work, training, qualifications qualifications, security clearances, criminal record checks and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, Assignment or for any other reason Representative is not suitable to provide proof of compliance with this clause.the Services
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any and by Representative and documentation it Contractor/Representative provides, in relation to its construction, operations, this Agreement and the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisationhereunder, are true and accurate and will be kept up to datedate and shall procure a warranty from the Representative on this basis in their contract of employment.
4.4. Contractor warrants and shall procure a warranty from the Representative in their contract of employment that Services shall will be performed with a high degree of professional skill and care.
4.5. Contractor shall will procure that Representative works such hours as are necessary to perform Services and that Representative shall will not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall will ensure that Representative shall will work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall will act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Representative will provide Services under the supervision, direction or control of the Client and/or the Client will have the right thereof, unless specified otherwise in Assignment Schedule.
4.10. Contractor warrants that:that –
4.9.14.10.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Act 2003 (as amended);
4.10.2. it is a company registered within the law United Kingdom;
4.10.3. Representative is engaged by Contractor on a contract of employment;
4.10.4. it is not an Intermediary as defined in Off Payroll;
4.10.5. all payments made to Representative, including remuneration for Services, will be treated as United Kingdom derived employment income in their entirety;
4.10.6. it is transparent in its jurisdiction payslips and communications on pay, holiday leave and benefits to Representative, prompts Representative to take paid holiday leave to which Representative is legally entitled and is fair and transparent when fulfilling its employer duties and exercising any discretion;
4.10.7. Contractor is responsible for and pays on time the correct PAYE taxes, NICs, apprenticeship levy, VAT, other statutory liabilities and corporate taxation in respect of incorporationall monies received pursuant to this Agreement and Representative’s Services; and
4.9.24.10.8. any expenses paid in respect of the Services to Representative owns five percent or more of are in strict compliance with relevant tax law and HMRC guidance, and have been verified by the Contractor and/or is an employee of Contractor;as accurate and genuinely incurred.
4.104.11. Contractor warrants that it will ensure the relevant provisions of and warranties given in this Agreement are included within the contract between Contractor and Representative and shall will ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11Agreement 4.12. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable in respect of Representative and Contractor warrants that it shall will procure that, where Representative is eligible in relation to the correct payment of such Tax Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with applicable laws The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and keep indemnified Employment Business from any demands made against them in any relevant jurisdictionconnection with this clause 4.12.
4.124.13. Contractor warrants that Representative is employed by Contractor and that Contractor is a company registered within the United Kingdom. Contractor will, on request, provide proof of compliance with this clause as may be required by Employment Business from time to time.
4.14. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Undertakings of Contractor. 4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that it and Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it providesprovides to Employment Business or any third party, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true true, fully detailed, and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performedClient’s premises.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreement.
4.8time. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.94.8. Contractor warrants that:that –
4.9.14.8.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Act 2003 (as amended);
4.8.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.8.3. Representative owns five percent or more of Contractor and/or is an employee of Contractor, except where the Representative is a substitute under clause 2.6;
4.9. Contractor warrants that –
4.9.1. it is not a Managed Service Company as defined in the Income Tax (Earnings and Pensions) Act 2003;
4.9.2. it is an Intermediary as defined in Off-Payroll;
4.9.3. it is a company registered within the United Kingdom; and
4.9.4. the Services will be performed in the United Kingdom.
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor warrants that neither it, Representative or any third party acting on their behalf will by any act or omission (a) commit or cause, facilitate or contribute to the commission by any person of an offence under the Criminal Finances Act 2017 and/or (b) enter or facilitate an arrangement to avoid any of the conditions of Off Payroll, falling within scope of the TAAR (Targeted Anti Avoidance Rule) in Off Payroll and NICs equivalent.
4.12. Subject to clause 7.1, Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of Representative Assignment and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. Contractor will, on request, provide proof of compliance with this clause 4 3.4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreement
Undertakings of Contractor.
4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that it and its Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Contractor warrants that:that –
4.9.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Xxx 0000 (as amended);
4.9.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.9.3. Representative owns five percent or more of Contractor and/or Contractor, except where the Representative is an employee of Contractor;a substitute under clause 2.6.
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor warrants that it shall procure that, where Representative is eligible in relation to the Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and hold harmless Employment Business and/or Client from any demands made against them in connection with this clause.
4.12. Subject to clause 7.2, Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreements
Undertakings of Contractor.
4.1. Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that Representative, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. Contractor warrants that it and its Representative has have the necessary skills, experience, training, qualifications and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative and documentation it provides, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to Representative’s experience, training, qualifications and any relevant or necessary authorisation, are true and accurate and will be kept up to date.
4.4. Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. Contractor shall procure that Representative works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative shall work for such minimum hours.
4.6. Contractor warrants that Representative shall follow all applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performed.
4.7. Contractor warrants that it and Representative shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. Contractor warrants that pre-employment checks have been carried out in relation to each Representative and that each Representative has valid and subsisting leave to live, work and to remain lawfully in the relevant jurisdiction UK for the duration of the Assignment.
4.9. Contractor warrants that:that –
4.9.1. it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Act 2003 (as amended);
4.9.2. it is a company registered within the law of its jurisdiction of incorporationUnited Kingdom; and
4.9.24.9.3. Representative owns five percent or more of Contractor and/or Contractor, except where the Representative is an employee of Contractor;a substitute under clause 2.6.
4.10. Contractor warrants that it will ensure the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor warrants that it shall procure that, where Representative is eligible in relation to the Assignment hereunder, Representative is enrolled (or given the opportunity so to do) in a pension scheme in accordance with The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014 and Contractor hereby agrees that it will indemnify and hold harmless Employment Business and/or Client from any demands made against them in connection with this clause.
4.12. Subject to clause 7.2, Contractor shall be wholly responsible for the correct payment of any applicable PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of Representative and Contractor warrants that it shall procure the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionlegislation.
4.124.13. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Services Agreement
Undertakings of Contractor. 4.1. 4.1 Contractor warrants to Employment Business that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation that it owes to any third party. Contractor further warrants to Employment Business that RepresentativeSeafarer, by performing Services on behalf of Contractor, will not thereby be in breach of any obligation that it owes to any third party.
4.2. 4.2 Contractor warrants that Representative has it and Seafarer have the necessary skills, experience, training, qualifications qualifications, and any other authorisation which Client considers are necessary, or which are required by law or by any professional body to provide Services for the period of the Assignment. Contractor shall, on request, provide proof of compliance with this clause.
4.3. 4.3 Contractor warrants and represents that all statements, whether oral or written, made by it and/or any Representative Seafarer and documentation it providesprovides to Employment Business or any third party, in relation to its construction, operations, the performance of Services in the course of the Assignment and relating to RepresentativeSeafarer’s experience, training, qualifications and any relevant or necessary authorisation, are true and fully detailed, accurate and will be kept up to date.
4.4. 4.4 Contractor warrants that Services shall be performed with a high degree of professional skill and care.
4.5. 4.5 Contractor shall procure that Representative Seafarer works such hours as are necessary to perform Services and that Representative shall not unreasonably fail to provide Services during hours required by Client for the convenience of Client and for the proper performance of Services. Where minimum hours are specified in the Assignment Schedule, Contractor warrants that it shall ensure that Representative Seafarer shall work for such minimum hours.
4.6. 4.6 Contractor warrants that Representative Seafarer shall follow all known and applicable rules and procedures of Client relevant to independent contractors and the delivery of Services and shall act in a professional manner at all times when at the premises at which Services are to be performedClient’s premises.
4.7. 4.7 Contractor warrants that it and Representative Seafarer shall, in relation to Services, adhere to all applicable laws, statutes and regulations as enacted from time to time to enable it to perform its obligations under this Agreementtime.
4.8. 4.8 Contractor warrants that pre-employment engagement checks have been carried out in relation to each Representative Seafarer and that each Representative Seafarer has valid and subsisting leave to live, work and to remain lawfully in where the relevant jurisdiction Services are being performed for the duration of the Assignment.
4.9. 4.9 Contractor warrants that:that –
4.9.1. 4.9.1 it is duly incorporated not a Managed Service Company as defined in the Income Tax (Earnings and validly existing under Pensions) Act 2003;
4.9.2 it is an Intermediary as defined in Off-Payroll;
4.9.3 it is a company registered, operating, and administering payroll within the law of its jurisdiction of incorporationUnited Kingdom, subject to United Kingdom tax legislation; and
4.9.2. Representative owns five percent or more of Contractor and/or 4.9.4 it is an employee of Contractor;
4.10. Contractor warrants that it will ensure compliant in all respects with the relevant provisions of this Agreement are included within the contract between Contractor and Representative and shall ensure that Representative is fully aware of their obligations in connection with this Agreement.
4.11. Contractor shall be wholly responsible for the correct payment of any applicable Tax payable Off-Payroll working (IR35) legislation (in respect of Representative both corporate taxation and also application of PAYE Income Tax and National Insurance Contributions to payments received by Contractor warrants that it shall procure under the correct payment of such Tax in accordance with applicable laws in any relevant jurisdictionexisting IR35 regime).
4.12. Contractor will, on request, provide proof of compliance with this clause 4 as may be required by Employment Business from time to time.
Appears in 1 contract
Samples: Seafarer Employment Agreement
