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Terms & Conditions of Business

1.These terms and conditions relate to the introduction and/or supply to you by PAC (4Drivers) Ltd (“PAC”) of temporary workers to cover short term requirements.

2. In these terms and conditions:-

(a)        “introduction” means the presentation of a temporary worker or the provision of details of a temporary                 worker by PAC to you whether or not you had the knowledge of such temporary worker prior to the introduction to you;

(b)        “engagement” includes the employment or use of a temporary worker in any capacity whatsoever whether on a temporary or permanent basis and whether under contract of service or services or as an employee or a self employed person or otherwise;

  (c)      “total remuneration” means the total of a temporary worker’s annual salary or fees together with the value of his or her other benefits including bonus (calculated if the engagement is for less than a year by grossing up the actual salary or fees paid or payable).

3. These terms and conditions constitute the entire agreement between the parties and apply to all such supplies and/or introductions and by asking PAC to make any such supply or introduction you are deemed to have accepted these terms and conditions to the exclusion of any other terms and conditions. In the event of a conflict between these terms and conditions and any other terms and conditions, these terms and conditions shall prevail unless expressly agreed in writing by a Director of PAC. PAC are entitled to assume that any employee or agent of yours has your authority to bind you unless you notify PAC otherwise in writing and PAC are not required to seek confirmation of that authority.

4. PAC act as an employment business in the introduction and supply of temporary workers (as such terms are defined in the Employment Agencies Act 1973) and any that are introduced or supplied are not to be regarded as employees of PAC.

5. All introductions and temporary workers’ details are confidential and are supplied to you on the understanding that you will keep the information confidential and not disclose it to any third party without our prior written consent.

6. PAC will not make any introduction or supply of temporary workers to you until you have supplied it with the following information:-

(a)        details confirming your personal and corporate identity and the nature of your business;

(b) the proposed start date for the temporary worker and the likely duration of the work;

(c)        the position you are seeking to fill, together with a summary of the type of work the temporary worker would be required to do, the location and hours at which he would be expected to work, details of any potential health and safety risks and any steps you have taken to limit such risks including copies of any and all relevant risk assessments            undertaken by you in respect of the position you are seeking to fill;

(d)        details of the experience, training, qualifications and any authorisations required to be possessed by the temporary worker (either as required by law or a professional body. Or as you consider necessary);

(e)        any expenses payable by or to the temporary worker;

(f)         written confirmation from you, signed by an authorised representative, confirming that you are aware of all the legal and/or professional requirements to be satisfied before the temporary workers can be supplied or engaged, together with confirmation that the supply by the company to you of temporary workers will not be detrimental to your interests;

and

(g)        written confirmation from you, signed by an authorised representative, confirming that you authorise us to disclose any and all information provided by you under this clause 6 to such of our officers and employees as we shall see fit, and authorising us such officers and employees to disclose any of the information to temporary workers introduced or supplied by us.

7. You shall pay PAC’s charges for the supply of temporary workers. Rates vary according to the category and grade of temporary worker supplied. The charge for the supply of a temporary worker will be based upon 15 minute units and shall be such amount as is advised to you at the time of booking, or if no such charge is advised, in accordance with PAC’s scale of charges in force at the time, copies of which are available on request. For details contact your local temporaries controller. Rates quoted are exclusive of VAT which, if applicable, is payable on the entirety of these charges. These rates are exclusive of any travelling or other expenses. PAC will be responsible for any payment which may be required to be made by law by it in respect of PAYE, income tax and national insurance contributions in respect of monies paid to the temporary worker. PAC reserves the right to review and/or increase the rate chargeable for the supply of temporary workers whether during the course of a temporary worker’s assignment or otherwise. You will of course be notified of such review as and when it happens. Any review or increased rates will be payable in accordance with these terms and conditions.

8. Overtime charges and shift premiums will be added to the quoted charges/hourly rates for (i) hours worked in excess of 8 hours per day Monday to Friday inclusive, (ii) evening and night work and (iii) all hours worked on a Saturday and Sunday. For specific details contact the temporaries controller.

9. You shall countersign a completed timesheet in such form as PAC requires for each week or part thereof of an assignment carried out by a temporary worker supplied by PAC showing a true record of the ours worked by the temporary worker in that week and you shall give such signed timesheet to the relevant temporary worker to enable PAC to fulfill its contractual obligations to him/her. If you fail to sign any required timesheet the relevant temporary worker’s record of hours worked may be accepted and you will be charged on that basis.

10. All temporary workers are deemed to be under your direction, supervision and control. If you have any reasonable cause to complain that the services of a temporary worker supplied by PAC are unsatisfactory you should immediately inform PAC. No charge will be made provided you give PAC satisfactory evidence of a reasonable complaint and provided that you have notified PAC as follows: within 4 hours of the start of the assignment where the booking is for more than 7 hours or within 2 hours of the start of the assignment where the booking is for 7 hours or less.

11. If, following the introduction or introduction and supply to you by PAC (acting as an employment business) of a temporary worker you agree to an engagement of that worker (except directly through PAC on these terms and conditions) or you or a member of your staff refer that worker to some other person, body, firm or corporation resulting in an engagement by or through that person, body, firm or corporation you must notify us and you must:-

(a)        where a worker has been introduced to you but not supplied by PAC, and there is an engagement of the worker either directly by you or through another employment business, and:

(i)         where that worker is to be engaged in a permanent capacity and the total remuneration is known to PAC, either pay PAC a fee as set out in Clause 29 below OR allow PAC to supply that worker to you on these terms and conditions for a fixed period of 13 weeks (where the worker works for a minimum of 48 hours                each week), or

(ii)         where the worker is to be used in a permanent capacity and the total remuneration is not known to PAC., or where that worker is not to be used in a permanent capacity, either pay PAC a fee equal to 200 times PAC’s standard hourly rate for that category of worker OR allow PAC to supply that worker to you on these terms and conditions for a fixed period of 13 weeks (where the worker works for a minimum of 48 hours each week);

(b)   where a worker has been introduced to you but not supplied by PAC, and there is an engagement of the worker by a third party to whom you have introduced the worker; and

            (i)         where that worker is to be engaged in a permanent capacity and the total remuneration is known to PAC, pay to PAC a fee as set out in Clause 29 below;

            (ii)         where the worker is to be used in a permanent capacity and the total remuneration is not known to PAC., or where that worker is not to be used in a permanent capacity, pay to PAC a fee equal to 200 times PAC’s standard hourly rate for that category of worker;

(c)   where a worker has been introduced and supplied to you by PAC and there is an engagement of the worker either directly by you or through another employment business and:

            (i)         where that worker is to be engaged in a permanent capacity and the total remuneration is known to PAC, either pay PAC a fee as set out in Clause 29 below OR allow PAC to supply that worker to you on these terms and conditions for a fixed period of 13 weeks (where the worker works for a minimum of 48 hours each week),

(ii)    where the worker is to be used in a permanent capacity and the total remuneration is not known to PAC., or where that worker is not to be used in a permanent capacity, either pay PAC a fee equal to 200 times PAC’s standard hourly rate for that category of worker OR allow PAC to supply that worker to you on these terms and conditions for a fixed period of 13 weeks (where the worker works for a minimum of 48 hours each week);

(d)        Where a worker has been introduced and supplied to you by PAC and there is an engagement of the worker by a third party to whom you have introduced the worker, and;

            (i)         where the worker is to be engaged in a permanent capacity and the total remuneration is not known to PAC, pay to PAC a fee as set out in Clause 29 below;

            (ii)         where the worker is to be engaged in a permanent capacity and the total remuneration is not known to PAC or where that worker is not to be used in a permanent capacity, pay to PAC a fee equal to 200 times PAC’s standard hourly rate for that category of worker.

        PROVIDED ALWAYS (for the purposes of sub-clauses (c) and (d) hereof) that you shall not be required to pay a fee or take an extended period of hire of that worker if the engagement takes place after the later of 8 weeks from the end of any earlier period of supply, or 14 weeks from the start of the first period of supply. Any gap of six weeks or less between periods of supply shall be included within the 14 week period, but where there is a gap of more than 6 weeks between periods of supply, the start date for the 14 week period shall be the start date of the next period of supply following the said gap of more than 6 weeks.

12. Where the circumstances outlined in Clause 11(a) or (c) apply and you have chosen to allow PAC to supply the worker to you for a fixed period of 13 weeks (where the worker works for a minimum 48 hours each week), rather than pay a fee and where the supply of that worker does not in fact continue for the whole of that fixed period and the fact that the supply did not continue for the whole of that fixed period is not the fault of PAC, you shall be liable for a fee calculated in accordance with Clause 29 below. PAC retains its discretion to adjust the application fee pro rata to the actual period of supply.

13.       If you breach any of these terms and conditions then PAC reserves the right to withdraw forthwith any temporary workers supplied to you without any liability being incurred on PAC’s part.

14. PAC’s invoices are subject to VAT and all accounts are payable within 14 days from the date of invoice. The right is reserved in respect of any invoice not paid within 14 days to charge interest (without prior notification) and at the rate of 2.5% per month (both before and after any judgment) accruing on a daily basis on all amounts remaining outstanding from the date of the invoice until actual payment. Payment must be made without deduction or set-off. All costs, charges and expenses incurred by PAC recovering any outstanding account shall be paid by you on a full indemnity basis. Should any invoice be due and unpaid after 14 days than all invoices raised shall become immediately due and payable. Save as specifically stated in these terms and conditions, no rebates apply to PAC charges.

15.On receiving a request for a supply of a temporary worker PAC will endeavour to supply a suitable worker to you from its register. However PAC will not be responsible for the accuracy of information supplied to you in respect of any temporary worker save in respect of any legal obligation pf PAC to provide you with information where the same has been provided to or obtained by PAC. You are responsible for assessing the suitability of any temporary worker introduced for a permanent position and for that temporary worker introduced for a permanent position and taking up any reference supplied

16. Any of you, PAC or the temporary worker may terminate an assignment at any time without prior notice and without liability.

16.1. You must notify PAC immediately and without delay and in any event within 24 hours if the temporary worker fails to attend work or notifies you that the temporary worker is unable to attend work for any reason.

16.2. PAC will notify you immediately if it receives or obtains information which gives it reasonable grounds to believe that a temporary worker supplied to you is unsuitable for the assignment and shall terminate the assignment under the provisions of 16.1

17. You are responsible for ensuring that you hold any necessary licenses, permits and consents etc for any work a temporary worker is required to do and in relation to any place where that work is to be carried out.

18.

(a)        You are responsible for ensuring that any temporary worker supplied by PAC has the necessary qualifications, licenses, capability, integrity and suitability for the purpose for which he/she is required other than where it is required by law that PAC obtains evidence of qualifications, licenses, capability, integrity and suitability .

(b)   Temporary drivers are supplied by PAC on the understanding that you hold an operations license under the Transport Act 1968 where required. Whilst appropriate driving licenses and driving permits will be examined by PAC you must satisfy yourself that all licenses and other documentation appertaining to the temporary driver are all in order before permitting him/her to take charge of a vehicle and you are responsible for ensuring that temporary drivers and their vehicles comply with all provisions of the Transport Act 1968 and all other road transport and road traffic legislation. You must also take proper steps in relation to the insurance, maintenance, and safety of vehicles and the legality of all relevant documents and you must effect all other necessary liability insurance (including Employers Liability and Third Party Risks and/or fully Comprehensive Insurance_ for the vehicle, its contents and the temporary driver.

(c)   You accept that as a user of the temporary driver you have sole reasonability and control over the temporary driver’s duties, journeys and hours of work and all statuary duties in respect of driving licenses and, where appropriate, tachographs. PAC Takes pride in its careful selection of temporary drivers introduced to clients and with regard to the nature of the duties to be performed and the vehicles they are required to drive. However PAC must emphasise that it may be impracticable for it to obtain references in every case owing to the time factor and the human element involved and PAC does not accept liability of any kind whether in contract or in tort or at all for any loss or damage to property or for other loss (including without prejudice to the foregoing loss of profits) or for any injury to persons or third parties arising directly or indirectly from any act or omission of any temporary driver introduced by PAC even if such an act or omission is negligent or fraudulent or reveals dishonesty or lack of skill on the part of the temporary driver SAVE that nothing in this clause or these terms shall be construed as purporting to exclude or restrict any liability of PAC to you for death or personal injury resulting from the negligence of PAC as defined in the Unfair Contract Terms Act 1977.

19.   PAC does not warrant the ability of any temporary worker. Whilst PAC will endeavor to provide a temporary worker for the period of a booking this cannot be guaranteed for all or any part of the period and no liability shall attach to PAC for the failure to supply a temporary worker for part of or the whole of the period of a booking.

20.   You are responsible for ensuring compliance with all health and safety and other legislation relating to any assignment and the direction and control of any temporary worker supplied to you. Accordingly any insurance cover should be arranged directly by yourselves. You agree that for the purposes of the Working Time Regulations 1998 all temporary workers supplied to you are to be treated by you as if they were your employees for the purpose of the said Regulations and that you will at all times fully comply with the said Regulations in respect of those temporary workers. Any liabilities to temporary workers arising from the Regulations shall be your liabilities and you shall fully indemnify PAC against any and all claims made against PAC by any temporary worker supplied to you arising from or relating to the Working Time Regulations 1998.

21.   You will ensure that all temporary workers supplied to you by PAC are given necessary instruction and training in relation to your working practices and health and safety requirements.

22.   PAC shall not be liable for loss, injury, damages, costs, expenses or delay howsoever caused (and whether direct, indirect or consequential_ arising from the introduction or supply of a temporary worker to you or the non-attendance on any assignment of any temporary worker and in particular (but without limitation to the foregoing) PAC shall not be liable for any such loss, injury, damages, costs, expenses or delay arising from or in any way connected with:-

       (a) the failure of a temporary worker to meet with your requirements;

       (b) any act or omission of a temporary worker whether willful, negligent, fraudulent, dishonest, reckless or otherwise;              Provided that nothing in these terms shall be constructed as purporting to exclude or restrict any liability of PAC to you for death or personal injury resulting from its negligence as defined in the Unfair Contact Terms Act 1977.

23.   The liability of PAC to you for any breach by it of these terms and conditions or for any liability in negligence or otherwise shall not (save to the extent that such results in death or personal injury) exceed PAC’s commission relating to the introduction and supply of the relevant temporary worker. In any event PAC will not be liable in relation to any matter not reported by you in writing to PAC within 3 working days of its occurrence.

24.   You shall indemnify PAC against all and any claims and liabilities howsoever arising in respect of any loss, injury, damages, costs, expenses or delays suffered or incurred by a temporary worker howsoever caused (whether arising out of your acts, omissions or otherwise) against all and any claims made by any third party arising directly or in any way connected with the introduction or supply of a temporary worker to you or the acts or omissions of any such temporary worker whether willful, reckless, fraudulent, negligent, dishonest or otherwise.

25.   If within twelve months of you asking PAC to supply temporary workers to you or within twelve months of the completion by a temporary worker of his assignment with you (whichever shall be the later) you agree to engage any person who is or was during that period an employee of PAC, then you will become liable for a fee calculated in accordance with the provisions of Clause 7. Bo rebate shall apply in respect of any such fee charged.

26.   Where PAC is acting as an employment business it cannot and will not act as your agent in entering into contracts on your behalf with candidates or work-seekers in any circumstances.

27. You agree, forthwith upon demand, to provide PAC with complete and accurate written details of any temporary workers total remuneration and you hereby warrant that any such details you provide are and will be complete and accurate.

28.   Where the temporary worker to be supplied will be supplied through the medium of a limited company contractor and that limited company contractor has not given notice to PAC that it and the person or persons to be supplied by it wish to opt out of the application to them of the Conduct of Employment Agencies and Employment Business Regulations 2003/3319, these terms and conditions shall be construed as if each reference to a temporary worker includes a reference to any person or persons supplied by the temporary worker to carry out the work.

29.                                                        SCALE OF FEES

                        Total remuneration                                             % charged exclusive of VAT

            £5,000 - £24,000                                                           15%

            £25,000 and over                                                          25%

              30. (a) Liability Clause - (Suitability)Whilst every         effort is made by the PAC to give satisfaction to the Client by ensuring     reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client's booking details, PAC is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, PAC does not exclude liability for death or personal

in injury arising from its own negligence.

(b) Direction I Supervision

Temporary Workers are engaged by PAC under contracts for services. They are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether willful, negligent or otherwise as though he was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect to the Client's own staff (excluding the matters specifically mentioned in clause 5 above), including in particular the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all assignments. The Client shall also advise PAC of any special health and safety matters about which the PAC is required to inform the Temporary Worker. The Client will assist PAC in complying with the Employment Business' duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by PAC and the Client will not do anything to cause PAC to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify PAC of this requirement before the commencement of that week.

31    Indemnification, the Client shall indemnify and keep indemnified PAC against any costs, claims or liabilities incurred by

        PAC arising out of any assignment or arising out of any non-compliance with clause (Liability Clause) and or as a result of

          Any breach of these Terms by the Client.

32.     No variation of these Terms and Conditions is valid or binding unless approved in writing by a Director of PAC.

33.     The Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you submit with PAC to the exclusive jurisdiction of the courts of England and Wales in relation to any claim or matter arising out of these terms and conditions.

34.     These Terms and Conditions are valid from 19 December 2008 and supersede all previous Terms and Conditions of Business.