Terms & conditions as at January 2nd 2014. These terms & conditions supercede all previous terms & conditions.
Background
We cannot always predict the exact staffing levels we will require and therefore require casual researchers to work with our clients and partners as needed.
Status of this agreement
This contract governs your engagement from time to time as a casual researcher. This is not an employment contract and does not confer any employment rights on you (other than those to which researchers are entitled). In particular, it does not create any obligation on us to provide work to you and by entering into this contract you confirm your understanding that we make no promise or guarantee of a minimum level of work to you and you will work on a flexible, "as required" basis. It is the intention of both you and us that there be no mutuality of obligation between the parties at any time when you are not performing an assignment.
Discretion as to work offered
It is entirely at our discretion whether to offer you work and we are under no obligation to provide work to you at any time.
We reserve the right to give or not give work to any person at any time and are under no obligation to give any reasons for such decisions.
No presumption of continuity
Each offer of work by us which you accept shall be treated as an entirely separate and severable engagement (an assignment). The terms of this contract shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment.
The fact that we have offered you work, or offers you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing entitlement to regular work or conferring continuity of employment.
Arrangements for work
If we offer you any work it will be notified by email and describe the terms and payment details. You are under no obligation to accept any work offered by us at any time. You may refuse offers of work by us. If you accept an assignment, you must inform us immediately if you will be unable to complete it for any reason.
In order to assist us in organizing work, please complete the personal information sheet attached and mailto:mike.jackson@shapingtomorrow.com. It is your responsibility to inform the Company of any changes to these details.
Work
The Company may offer you work from time to time. The precise description and nature of your work may be varied with each assignment and you may be required to carry out other duties as necessary to meet business needs. You will be informed of the requirements at the start of each assignment.
Place of work
During each assignment, your place of work will be wherever you choose OR we may offer you work at various client locations. You will be informed of the relevant place of work for each assignment.
Hours of work and pay
There are no fixed hours of work but any assignment we give you will specify the work and the agreed pay rate. There is no holiday entitlement.
Sickness
If you have accepted an offer of work but are subsequently unable to perform your duties you must notify Mike Jackson immediately of the reason for your absence.
Data protection
You consent to us holding and processing, both electronically and manually, the data that we collect about you, in the course of your working relationship with us, for the purposes of the administration and management of our staff and our business and for compliance with applicable laws, procedures and regulations and to the transfer, storage and processing by us of such data outside the European Economic Area.
Company rules and procedures
During each assignment, you are required to fully comply, at all times, with our policies and procedures in force from time to time. In particular, you agree to be bound by our Policies as described here and acknowledge that you are prohibited from performing any actions that may put the company and customer data at risk.
Confidential information
You shall not use or disclose to any person, either during or at any time after your engagement by us, any confidential information about the business or our affairs or any of our client contacts or affairs or about any other matters which may come to your knowledge as a result of carrying out assignments. For the purposes of this clause, confidential information means any information or matter which is not in the public domain and which relates to our affairs or any of our clients.
The restriction in this clause does not apply to use or disclosure that has been authorized by the Company or is required by law or in the course of your duties.
You shall not publish any materials written on behalf of Shaping Tomorrow, or its staff, without the express permission of the Shaping Tomorrow directors.
Company property
All documents, manuals, hardware and software provided for your use by us, and any data or documents (including copies) produced, maintained or stored on our computer systems or other electronic equipment remain our property.
Any Company property in your possession and any original or copy documents obtained by you in the course of your work or our clients shall be returned to Mike Jackson at any time on request and in any event at the end of each assignment.
Non-compete
You agree not to solicit business from clients we introduce to you nor to share our list of clients with third parties without our express permission in writing.
Termination
If you wish your name to be removed from our staff bank of researchers OR no longer wish to be considered for casual work by us you should inform us as soon as possible.
We may remove your name from our staff bank of researchers if you are unable to accept an assignment on two consecutive occasions.
We may terminate this contract immediately by giving notice in writing to you if it reasonably considers that you have committed any serious breach of its terms or committed any act of gross misconduct. Non-exhaustive examples of gross misconduct include dishonesty, theft, fighting, misuse of drugs or alcohol or any other acts or omissions which might bring us into disrepute.
Changing terms and conditions
We may review our requirement for casual researchers from time to time and/or may update the terms on which we offer such work. In the event of any changes to the terms on which we are prepared to engage casual researchers, we may terminate this contract with immediate effect by giving notice in writing to you and you may, at our absolute discretion, be offered a new contract for casual work.
Totality of terms
This contract is intended to fully reflect the intentions and expectations of both parties as to our future dealings and in the event of any dispute regarding your engagement as a casual researcher by us it shall be regarded as a true, accurate and exhaustive record of the terms on which we have agreed to enter into a casual work relationship. Any variation to this contract will only be valid where it is recorded in writing and signed by both parties [and no additional or modified terms should be implied by any other actions of you or us]. You confirm that you have read and understood the contents of this document [and have had the opportunity to take advice where necessary.
Governing law
This contract will be governed by the law of England and Wales.
Signed .....................................................
[NAME OF RECIPIENT]
Dated ........................................................