CLIENT/BUSINESSES TERMS & CONDITIONS (How we’d like it to work)
INTRODUCTION
Nest is a start-up providing a bespoke service of high quality staff to small businesses for events /pop ups. We keep paperwork to a minimum... Here, we aim to set out the terms on which we operate. There are some words that we use that have specific meanings and these definitions are set out in clause.
THE PROCESS
•¥• Contact Nest via the details provided on our website if you need assistance with temporary staffing.
•¥• We will then reply with rota and booking details which include terms and agency fee (20%) invoice.
•¥• To confirm the booking you pay non-refundable agency fee and sign terms.
•¥• Nest confirms receipt of payment and formally books Staff.
•¥• Nest brief’s the Staff member with the details of the Job provided by you.
•¥• Staff report for duty and are paid by you, the Client.
Please note the process may change depending.
It’s that simple, but there are a few rules…
•¥• We operate on the UK mainland only unless otherwise agreed.
•¥• We are a London based agency but do recruit outside of London as well. If outside the M25 you will provide travel expenses, travelling time and accommodation as set out in the rota. Such expenses time and suitable accommodation are to be agreed in advance and are not variable upon issue of the rota without written agreement. This may change from job to job.
•¥• Clients will provide uniform or refund Staff’s purchase of the same if so required.
•¥• Our Staff are personally vetted and of high quality. Reputation is very important to us so we make sure we find the best staff for the job, if we cannot find a suitable match we will let you know in good time.
•¥• Our fee remains at 20% of the staff wage including breaks. We have a minimum of £10 admin fee per shift. An increased admin fee may be added on for last minute bookings or when we might be experiencing an increase in demand and this will be communicated prior to your booking.
•¥• We do not charge an agency fee to our Staff.
•¥• All shifts are minimum 4 hours and outside of London are more depending on location. Please ask prior to booking.
•¥• Clients pay staff directly, preferably on the day or soon thereafter but in any event payment must be made within 7 days of receipt of the Staff's invoice for the Job or as agreed in the contract between you, whichever is longer.
•¥• Clients agree that they will not approach our staff directly for future work. We know you won’t, but would you believe it happens!
•¥• If you decide to take on a member of staff from Nest Agency for full time work we charge a one off bespoke recruitment fee.
•¥• CANCELLATION POLICY In selecting, recruiting and instructing staff we have done our work. Whether you are on our upfront or monthly fee service our fee remains non-refundable. A confirmed booking will be made when a rota is sent across to you. Of course we will refund it in the event of a national covid lockdown, a no-show, and if we can’t find a replacement. However, we will not indemnify or refund you for any loss of revenue, increased cost, replacement cost, loss of or damage to reputation or loss of or damage to data, nor for any indirect or consequential loss.
•¥•Should you cancel on a member of staff within 48 hours of the shift start time then you are to pay 3 hours of their shift and any agreed expenses already incurred.
•¥• You warrant that you will not submit a Job which would be unlawful to perform.
•¥• You must not submit a Job which is, or which could be interpreted as, an offer of employment.
•¥•It is not our responsibility to assess if the person working for you is self employed or an employee. We are an agency finding businesses like yourself people to work for you therefore they are not our employee and we are not their employer. We are not responsible for any tax, National Insurance or any similar liability or cost that you may incur as a result of HMRC finding that the Staff is your employee.
•¥• You may not withhold payment for a Job unless the Staff has not performed to a reasonable standard. Should you intend to withhold payment, in full or in part, you must inform us immediately and provide detailed reasons which we will pass on to the Staff member.
•¥• You must pay any VAT chargeable in respect of a Job, subject to receipt of a valid VAT invoice.
•¥• Post payment of your invoice you give us the right to allowing Nest to sharing photographs, testimonials, profile, profile photo on advertising, social media platforms and website.
•¥• AMENDING A JOB.... If there has been no staff member confirmed and same hours then this is no problem. If staff booked and if staff can work the new hours then this is fine as long as amount if hours are the same. If the amount of hours change. Client must pay original hours booked. If hours change and staff can't work then this is a new booking and new fee. If you are to send staff home early you are to pay the staff the original hours booked.
•¥• We do not perform Jobs. We are not responsible for Staff’s performance of Jobs, nor Clients’ payment of Staff fees.
•¥• We will use reasonable endeavours to match Staff to Jobs but we are reliant on the information provided by Client’s in respect of the Jobs and Staff in relation to their skills and availability. We are not responsible for the veracity of this information and we do not take additional steps to verify it. We trust that the information provided is true and accurate.
•¥• Our total liability arising out of any Job is limited to an amount equal to the fees associated with that specific Job.
•¥• These terms, any dispute whatsoever arising out of them and all non-contractual obligation arising out of or connected with these terms shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
DEFINITIONS
Staff means any person who uses our Service as a temporary staff member, applying to perform and performing Jobs for Clients as may be agreed;
Client means any person who uses our Service as a client, contacting us to find temporary staff for Jobs.
Job(s) means a job, in whole or in part, notified to us by a Client, with a view to it being performed by our Staff in return for payment;
Service means services provided by us in matching Staff to Jobs and liaising between Staff and Clients in return for our fee.