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FWCS UK Ltd
Terms of Business
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Terms of Business
These are the Terms of Business by which "the customer"(You) accept the services of FWCS UK Ltd. (FWCS).These Terms of Business are deemed to be accepted as soon as you request the Services (as defined below) whether or not you sign an acknowledgement.
1. Acceptance of Terms.
FWCS is in business as a provider of Services and has skills and abilities and can undertake services that may be of use to you from time to time. By accepting the services of FWCS, you are deemed to have agreed and accepted the following terms. The terms may not be varied except in agreement by both parties and set in writing by FWCS.
2. Services.
You will not control or have any right to control how FWCS will carry out this work,other than on grounds of such issues as Health & Safety, where upon You may stop works immediately and until such time as a resolution can be reached by both parties. You recognise that FWCS offers a specialist service at a high level of expertise. FWCS may, at its absolute discretion, send a competant substitute or delegate to perform this work. FWCS may, at it's absolute discretion, utilise Directors, employees or self-employed persons to complete the agreed work at it's own discretion and may also utilise the services of employees or self employed persons in an administration capacity. Such persons will be answerable solely to FWCS, and you will have no contractual or financial relationship with the hired assistant,other than on grounds of such issues as Health & Safety. FWCS is free to undertake other Contracts for Services for other parties at any time either before, after or concurrently with the works being carried out for you. FWCS will choose to work offsite or onsite as necessary. All onsite work will be by prior arrangement. You are not obliged to offer ongoing contracts or work to FWCS nor is FWCS to accept such contracts or work if offered.
3. Payment.
The price for the work will be negotiated prior to commencement of any work. All payments to FWCS will be made (plus VAT if applicable) solely against the presentation of an FWCS invoice. FWCS reserves the right to require at any time a deposit of an amount to be agreed as security against final payment. An administrative fee will be charged for replacement / copy invoices at the rate of £2.00 per copy. Payment terms are to be full payment within 30 days of the date of the invoice.
4. Late Payment.
i. If payment is not received within 30 days of the date of invoice, FWCS will charge interest at the rate of 3% above the prevailing base lending rate of HSBC plc per annum, accruing from day to day on the amount outstanding before as well as after judgement, calculated from the date of the invoice until payment is received in full.
ii. In addition to the above, FWCS reserves the right to refuse to supply the services in the event of your failure to make payments within the stipulated payment terms.
5. Cancellation of or Amendments to Bookings.
If you wish to cancel or amend any of the booked services of FWCS, you must give FWCS at least 1 month written notice. FWCS must give You at least 1 month written notice to cancel or amend a booked service.
6. Equal Opportunities.
FWCS aims to provide equal opportunities for all its employees/agents and clients irrespective of their sex, age, marital status, racial or ethnic origin, physical or mental disability, sexual orientation, religious beliefs or political opinions. FWCS will not accept unjustified discriminatory requests.
7. FWCS Responsibilities.
In respect of the services FWCS: -
i. shall use its reasonable endeavours to ensure that FWCS and/or its agent/s engaged in the provision of the services holds adequate professional indemnity insurance.
ii. shall use its reasonable endeavours to ensure that the services according to the written specifications are carried out on time and in a safe & professional manner.
iii. shall use its reasonable endeavours to ensure that FWCS &/or its agent/s do not do any act or ommision which will put, or is likely to have the effect of putting, You directly in breach of any Health & Safety &/or any other relevant Laws (as defined below)
8. Your Responsibilities.
i. You undertake not to do any act or omission which will put, or is likely to have the effect of putting, FWCS directly or indirectly in breach of any Employment and/or other relevant Laws (as defined below) in respect of any FWCS employee or agent supplying the required service.
ii. You shall make arrangements for site entry/exit of FWCS employee/s or agent/s.
iii. You undertake that you will stop such works & notify FWCS if any risks to the Health & Safety of its employee/s or agent/s or others on-site of which you become aware.
iv. You undertake to provide FWCS with complete & sufficient information relating to the services you require to enable FWCS to carry out its obligations under these Terms of Business.
v. In the event that you breach any of your obligations under this Clause 8, you agree to indemnify FWCS fully against all claims, fines, damages, awards, costs, expenses and other liabilities arising from any such breaches.
vi. In these Terms of Business “Employment and/or other relevant Laws “ means Employment Relations Act 1999, Disability Discrimination Act 1995, Discrimination Act 1996, Race Relations Act 1976, Human Rights Act 1999, Sex Discrimination Act 1975.
9. Transfer Fees.
i. In this clause, the term “Engagement” means the appointment of an FWCS employee to perform services for or on your behalf whether under a contract for services, or under a contract of service, and “Engage” or “Engages” should be construed accordingly. The term “Remuneration” means the total taxable emoluments payable to, or received by, the former employee pursuant to the Engagement during the first 12 months and the term “Associate” means any subsidiary or holding company of yours or any subsidiary of the holding company, (“subsidiary” and “holding company” having the means ascribed by Section 736 Companies Act 1985).
ii. If you or any associate, or any third party to whom you introduce the employee, employ an employee within 12 months of the date on which the Services are terminated, whether on a permanent or a temporary basis, you will be liable to pay FWCS a transfer fee as described below. This fee will be payable whether the approach was made by you, by a third party, or by the employee. The fee payable by you equates to a percentage of the Remuneration as follows: -
Salary Range Fee
£0 - £11999 15%
£12000 - £19999 18%
£20000 – £24999 20%
£25000 + 25%
iii. All such transfer fees are subject to VAT at the prevailing rate.
10. Force Majeure.
FWCS will use its reasonable endeavours to provide the services but, should FWCS’s obligation to do so be interrupted or interfered with by an event of force majeure, then FWCS’s obligation will be suspended while the interference or interruption continues and FWCS will not be liable to you for any loss you may suffer or costs incurred by you as a result of that interference or interruption. For the purposes of this clause an event of force majeure shall mean any cause beyond the control of FWCS including, without limitation, strikes, lock out or other industrial disputes, acts of god, war, civil commotion, fire, flood or storm.
11. Miscellaneous.
i. These Terms of Business shall govern the contract between FWCS and you for the supply of Services to the exclusion of all and other terms and conditions.
ii. No variation, addition to or modification of these Terms of Business shall be binding or form part of these Terms of Business unless previously agreed in writing by FWCS.
iii. No waiver by FWCS of any breach of these Terms of Business shall be considered as a waiver of any subsequent breach of the same or any other provision.
iv. These Terms of Business shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English Courts.
These Terms of Business (version FWCS110304) are acknowledged and accepted on behalf of the Client by a duly authorised representative:
FWCS UK Ltd.
Registered Office 16 Barters Close, Walnut Grove, Southampton, Hampshire SO16 4HA
Registered in England & Wales No. 5018918
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