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Client Terms of Business
1. DEFINITIONS- 1.1 In these Terms of Business the following definitions apply:
“Assignment Term” means the period during which the Support Worker is supplied by Clear Links to render Services to the Client;
“Clear Links” means Clear Links Support Limited of G2 Building, 12 Leeds Road, Sheffield, S9 3TY operating as an employment business;
“Client” means the person to whom the Support Worker is supplied or introduced;
"Services" means the services required by the Client as determined by the Client’s Funding Body pursuant to an independent assessment of the Client’s requirements;
“Session” means a period on a particular day during which the Support Worker provides the Services;
“Support Worker” means the individual who is introduced or supplied by Clear Links to render Services to the Client;
- 1.2 Unless the context otherwise requires, references to the singular include the plural.
- 1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT- 2.1 These Terms constitute the contract between Clear Links and the Client for the supply of the Support Worker’s Services by Clear Links to the Client. They are deemed to be accepted by the Client by virtue of his/her request for the use of a Support Worker or by registering on the Clear Links website, whichever is the earliest. These Terms contain the entire agreement between the parties.
- 2.2 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Clear Links and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. THE SERVICES- 3.1 As far as reasonably practicable, Clear Links shall agree with the Client the times and dates on which Clear Links will provide a Support Worker to supply the Services during the Assignment Term.
- 3.2 Should the Client for whatever reason subsequently not require the Services at any time that may have been agreed, the Client agrees to notify Clear Links and/or the Support Worker at least 24 hours prior to the time that the Support Worker is due to provide the Services for the Client.
- 3.3 In the event that such notice referred to at clause 3.2 is not given or if the Services are no longer required on a particular occasion (e.g. cancellation of lecture) and the Support Worker and/or Clear Links has not received the required 24 hours notice, the Client agrees that Clear Links will still be entitled to claim funding equivalent to 1 hour of the Support Worker’s time.
4. CHARGES- 4.1 Clear Links and the Client acknowledge and agree that Clear Links’ charges shall be funded via the Client’s Disabled Student’s Allowance (or equivalent) by the Client’s Funding Body via the Student Loans Company (or equivalent).
- 4.2 Clear Links’ charges include: the hourly rate to the Support Worker; annual leave/holiday entitlement per hour worked; employer’s National Insurance contributions; and Clear Links’ administration charge related to advertising, recruiting, training, organising, CRB checking, insuring and paying the Support Worker. The administration charge for each support type/level is made up of a fixed element, generated in relation to costs associated with all support types/levels, and a further element allocated in relation to costs associated with that support type/level. VAT, if applicable, is payable on the entirety of these charges
- 4.3 The Client agrees to take such steps as are reasonably practicable (including but not limited to compliance with clause 6) in order to ensure that Clear Links receives payment for the Services during the Assignment Term.
- 4.4 For the avoidance of doubt, the parties agree that Clear Links is still entitled to payment of a minimum of 1 hour via the Client’s Disabled Student’s Allowance (or equivalent) by the Client’s Funding Body via the Student Loans Company (or equivalent) for the Support Worker’s Services in the event that the Client fails to provide the required notification of cancellation of the Services in accordance with clause 3.3.
- 4.5 There are no rebates payable in respect of Clear Links’ charges.
5. INFORMATION TO BE PROVIDED- 5.1 When putting forward a Support Worker to the Client to fulfil a requirement for Services, Clear Links shall inform the Client of the identity of the Support Worker; ensure that the Support Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to provide the Services; and that the Support Worker is willing to provide Services to the Client during the Assignment Term.
- 5.2 The Client undertakes to notify Clear Links of any health and safety issues of which he is aware that may affect the Support Worker.
6. TIME SHEETS- 6.1 At the end of each Session during an Assignment Term the Client shall sign Clear Links’ time sheet verifying the number of hours worked by the Support Worker during that Session.
- 6.2 Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the Support Worker because the Client disputes the hours claimed, the Client shall inform Clear Links as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with Clear Links to enable Clear Links to establish what hours, if any, were worked by the Support Worker. Failure to sign the time sheet does not affect Clear Links’ entitlement to recover payment for the hours worked by the Support Worker.
- 6.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the Services performed by the Support Worker. In cases of unsuitable work the Client should apply the provisions of clause 9.1 below.
7. LIABILITY- 7.1 Whilst every effort is made by Clear Links to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Support Workers and further to provide them in accordance with the Client’s referral details, Clear Links is not liable for any loss, expense, damage or delay arising from any failure to provide any Support Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Support Worker. For the avoidance of doubt, Clear Links does not exclude liability for death or personal injury arising from its own negligence.
- 7.2 Support Workers supplied by Clear Links are engaged under contracts for services. They are not the employees of Clear Links.
- 7.3 The Client undertakes that s/he shall notify Clear Links if s/he has any reason to believe that it would be detrimental to the interests of the Support Worker or the Client for the Support Worker to provide the Services.
- 7.4 The Client shall be responsible for any loss, damage or injury caused to Clear Links or the Support Worker as a result of any breach of these Terms by the Client.
8. SPECIAL SITUATIONS- 8.1 Where the Support Worker is required by law, or any professional body to have any qualifications or authorisations to provide the Services or the Services involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, Clear Links will take all reasonably practicable steps to obtain and offer to provide to the Client:
(a) Copies of any relevant qualifications or authorisations of the Support Worker; and
(b) Two references from persons not related to the Support Worker who have agreed that the references they provide may be disclosed to the Client.
- 8.2 Clear Links will take all reasonably practicable steps to confirm that the Support Worker is suitable to provide the Services. If Clear Links is unable to obtain any relevant information it shall inform the Client of the steps it has taken to obtain this information in any event.
9. TERMINATION- 9.1 If the Client reasonably considers that the Services of the Support Worker are unsatisfactory, the Client may terminate the Services either by instructing the Support Worker to leave the Session immediately, or by directing Clear Links to remove the Support Worker. The Client agrees to confirm any termination of the Services to Clear Links.
- 9.2 The Client may terminate the provision of the Services by a Support Worker at any time by giving 24 hours notice to Clear Links. Clear Links may terminate the provision of Services by a Support Worker to the Client at any time without prior notice, with immediate effect and without liability by providing notice to the Client.
- 9.3 The Client shall notify Clear Links immediately and without delay and in any event within 24 hours if the Support Worker fails to attend work.
- 9.4 Clear Links shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Support Worker supplied to the Client is unsuitable to provide the Services.
10. LAW- 10.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
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