I give Drivertemps Ltd permission to seek references from my past employers based on the information I have provided and that these references may be disclosed to third parties where appropriate.

I understand that it is my responsibility to ensure my hours are submitted to the Drivertemps office (either in person via a timesheet, or electronically to recruit@drivertemps.co.uk) no later than 1300 on Mondays for the preceding week's work. Failure to adhere to this deadline may result in a delay to my wages being processed.

I understand that any misrepresentation will invalidate my application and if upheld, could lead to prosecution.

We are asking you to complete this form in relation to job roles which are not exempt from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 & 2020). For this reason you are only required to disclose information about unspent convictions. You are not required to disclose spent convictions on this form.

Additionally you are not required to declare any information about "protected" offences.

If you wish to be put forward for/if a role is identified which may be suitable for you which is exempt from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 & 2020), meaning that you are required to declare spend convictions, we will ask you to complete and additional criminal disclose form.

The information given will be treated in the strictest of confidence and only taken into account where, in our reasonable opinion, the offence is relevant to the post to which you are applying.  Failure to declare a conviction may require us to exclude you from our register if the offence is not declared but later comes to light. If you are working in an assignment with a client at the time that we are made aware of a conviction that you have not disclosed to us, we may be legally required to inform our client of that information and your assignment may be terminated.

Do you have any unspent criminal convictions?

You are required to produce your latest driving licence to Drivertemps Ltd and their Client/s when requested.

This declaration confirms that I, the undersigned, understand and will comply with all relevant legislation in relation to road transport and any other reasonable requests during my placement/s with Drivertemps Ltd.

In particular, I confirm that I:

• Have taken sufficient daily and weekly rest prior to the start of my placement

• Have sufficient duty and driving time available to be able to work the shift/s allocated to me

• Have, and will continue to have, upon my person, the drivers' hours records required to be produced to an enforcement officer if requested, namely:

          * my digital tachograph card

          * any written manual records and or printouts legally required for the current day and the previous 28 calendar days

          * any analogue tachograph charts for the current day plus previous 28 calendar days

• Will ensure that any legally required printouts, written manual records or analogue tachograph charts which relate to my placement are returned to the Client operator with 42 calendar days

• Will ensure my digital tachograph card is downloaded daily before I leave the client’s premises

• Understand and will comply with the rules on working time limits for mobile workers in the road transport industry

• Have a full, valid licence, with no disqualification or pending convictions save for those I have already declared, for the type of vehicle I am being asked to drive

• Where required, hold a valid Driver Qualification Card (DQC) and confirm that I shall always have this with me during my placement

• Will inform both the Client operator and Drivertemps Ltd of any encounters with DVSA, police of other enforcement officer/s

• Will never use a handheld mobile phone whilst driving

• Will report any accidents or near misses which I am involved in

• Will carry out my daily vehicle checks using the required documents or online system and report any effects

• Understand and will comply with the speed limits of roads and vehicles

• Will not drive a vehicle whilst under the influence drink or drugs (whether illegal or prescribed)

• Will ensure that the load on my vehicle is secure and within the limits of the vehicle in terms of weight and distribution

• Will comply with any health and safety requirements on site and any sites visited during my placement

• Will return the vehicle and its equipment in the same condition that I received it in

I declare that I am legally able to undertake the duties required of me and will advise the Client operator and Drivertemps Ltd if I have any doubts, concerns or problems with any issue in relation to performing my duties during my placement.

I declare that I have not been involved in any accidents or incidents which are currently being investigated and may leave to a conviction in the future. 

Please read each statement carefully and please select which applies to you.

• Epilepsy
• Fits or blackouts
• Repeated attacks of sudden disabling giddiness (dizziness which prevents you from functioning normally)
• Diabetes controlled by insulin
• Implanted cardiac pacemaker
• Implanted cardiac defibrillator
• Persistent drug or alcohol abuse or dependency
• Parkinson's Disease
• Narcolepsy or sleep apnoea syndrome
• Stroke, with symptoms lasting longer than one month, recurrent mini strokes or TIAs (Transient Ischaemic Attacks)
• Any type of brain surgery, severe head injury involving inpatient treatment or brain tumour
• Any other chronic neurological condition
• A serious problem with memory or episodes of confusion
• Severe learning disability
• Serious psychiatric illness or mental ill health
• Total loss of sight in one eye
• Any condition affecting both eyes, or the remaining eye
• Any condition affecting your visual field
• Any persistent limb problem for which your driving has to be restricted to certain types of vehicles or those with adapted controls

Also, for vocational licences:

• Angina, other heart conditions or heart operations
• Diabetes controlled by tables
• Visual problems affecting either eye
• Any form of stroke, including TIAs

If any of the above affects you, you must inform Drivertemps Ltd as soon as practicably possible.  You must also inform the DVLA in writing to the: Drivers Medical Group, DVLA, Swansea, SA99 1TU.  Failure to do so is a criminal offence punishable by a fine of up to £1000.

All the information provided will be treated as confidential.

Please indicate by selecting the relevant option if you DO currently suffer from any of the following health conditions.

Print Name:

Keeping us informed

If you have a health problem which could be misinterpreted as intoxication, for example, diabetic coma or epileptic seizures, or if you are taking medication which may have side effects similar in appearance to intoxication, you must ensure you make this known to your line manager. All employees and workers must inform their line manager regarding any prescribed medication that may influence their ability to carry out their work safely and must follow any instructions subsequently given.

Drugs that cause drowsiness must not be used whilst at work or in a way that could affect performance at work.

The health and well being of our employees and workers is of paramount importance and Drivertemps Ltd considers alcohol and or drug dependency an illness. Any employee or worker suffering from drug and or alcohol dependency should declare their dependency and Drivertemps Ltd will subsequently provide reasonable assistance, treating absences for treatment and or rehabilitation as any other sickness absence. Failure to accept help or continue with treatment will render the employee liable to normal disciplinary procedures. All employees and workers must inform Drivertemps Ltd or any appropriate person if they suspect a fellow worker may be in breach of this policy.

Alcohol & Drugs

Attending work unfit as a result of the consumption of alcohol or illegal drugs is a serous disciplinary offence and may be regarded as gross misconduct which may result in the immediate removal from an assignment and summary dismissal. Consuming illegal drugs or excessive alcohol on our or our clients’ premises is not permitted and will be treated as gross misconduct. Drivertemps Ltd prohibits the drinking of alcohol by employees or workers in the workplace or on company business, other than the reasonable drinking of alcohol in connection with approved social functions. Drivertemps Ltd regards drinking to an excessive level as any of the following situations:

• The individual is over the legal limit for driving
• In the opinion of our or our clients’ management, the individual’s behaviour may cause embarrassment, distress or offence to others
• The individual continues to drink when instructed to stop by a manager

Drivertemps Ltd prohibits the misuse of legitimate drugs or possession, use, distribution, or selling of illicit or unprescribed controlled substances or alcoholic beverages on our or our clients’ business or premises and doing so will be treated as gross misconduct. Where a criminal offence is suspected, the client or Drivertemps Ltd may inform the Police.

Client Policies

Many of our clients have drug and alcohol policies that apply to all workers under their control. This means that their policies will also apply to you whilst working on assignments and could include random, routine or targeted testing. All employees and workers should be aware of this possibility and must cooperate with the client fully. Failure to comply with the policy or to permit testing could result in immediate removal from the assignment and the non-compliance reported to Drivertemps Ltd.

I, the undersigned, confirm that I have read, understood and will comply with the above policy. 

1. DEFINITIONS

1.1. In this Agreement the following definitions apply:

“Agency Worker” means the individual whose services are supplied by the Employment Business to the Hirer;

“Assignment” means the period during which the Agency Worker is supplied to provide services to the Client;

“Client” means the person, firm or corporate body using the services of the Agency Worker;

“Employment Business” means Drivertemps Ltd, (7218346) of Unit 5 Hedge End Business Centre, Botley Road, Hedge End, SO30 2AU; and

“Working Week” means an average of 48 hours each week calculated over a 26-week reference period.

1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3. The headings contained in this Agreement are for convenience only and do not affect their interpretation.

2. RESTRICTION

The Working Time Regulations 1998 provide that the Agency Worker shall not work on an Assignment with the Client in excess of the Working Week unless s/he agrees in writing that this limit should not apply.

3. CONSENT

3.1 The Agency Worker hereby agrees that the Working Week limit shall not apply to this or any subsequent assignment unless the consent is withdrawn (para 4).

3.2 The Agency Worker hereby agrees that he 10 hour night work limit shall not apply to this or any subsequent assignment but only to the extent where this would not be in breach of other provisions of the regulation or EU Drivers’ Hours Regulations 3820/85.

4. WITHDRAWAL OF CONSENT

4.1. The Agency Worker may end this Agreement by giving the Employment Business 4 weeks’ notice in writing.

4.2. For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Agency Worker of an Assignment with a Client.

4.3. Upon the expiry of the notice period set out in clause 4.1 the Working Week limit shall apply with immediate effect.

5. THE LAW

This Agreement is governed by the law of England & Wales and is subject to the exclusive jurisdiction of the Courts of England & Wales.

I hereby agree that I may work for more than an average of 48 hours per week (average over 26 weeks) in accordance with paragraph 3.1 and beyond the 10 hour night work limit as per paragraph 3.2 

Drivertemps Ltd is committed to offering our temporary workers flexible options with regards to holiday pay and hourly remuneration.  Unlike most temporary agencies, we offer 2 holiday pay options; that temporary workers can accrue holiday pay across the year allowing them to receive payment for leisure time spent away from work (accrual permitting) or to receive a higher hourly rate of pay where the holiday entitlement is "rolled up" within the rate.

All we ask is that, whichever option you choose, you commit to that option for the duration of the holiday year, 1st January to 31st December.

1. Definitions

1.1. In these Terms of Engagement, the following definitions apply: -

Assignment means the period during which the Temporary Worker is supplied to renders services to the Hirer. Each Assignment will end when the Temporary worker ceases to be supplied to the Hirer or when is no longer available for work.

"AWR” means the Agency Workers Regulations 2010.

“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Temporary Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;

"Employment Business” means Drivertemps Limited

“Hirer” means the person, firm, or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom or which the Agency Worker is supplied or introduced "Qualifying Period" means the period as defined in Regulation 7 of the AWR regulation when the Temporary Worker becomes entitled to the same basic working and employment conditions as defined in Regulation 5 of the AWR;

"Relevant Period “means (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks(42 days) since any previous assignment;

"Terms" means the terms and conditions set out herein together with any Assignment Schedule to these terms.

1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

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 a Contract for Services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. No contract shall exist between the Employment Business and the Temporary Worker between Assignments. These terms shall prevail over any other terms put forward by the Temporary Worker.

2.2. For the avoidance of doubt, the Temporary Worker is not an Employee of the Employment Business although the Employment Business is required to make the Deductions from the Agency Worker's pay in accordance with clause 8.1. These Terms shall not give rise to a Contract of Employment between the Employment Business and the Temporary Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a Worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Temporary Worker rights in addition to those provided by statute except where expressly stated.

2.3. No variation or alteration of these Terms shall be valid unless approved by the Employment Business in writing and signed by both parties.

3. Assignments

3.1. The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to work as a Temporary Logistics Operative.

3.2. The Temporary Worker shall not be obliged to accept any Assignment offered by the Employment Business, and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category.

3.3. The Temporary Worker acknowledges that the nature of Temporary work means that there may be periods when no suitable work is available and agrees that suitability shall be determined solely by the Employment Business.

3.4. For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations 1988 shall be the date on which the Temporary Worker commences the first Assignment.

3.5. If during the course of an Assignment or during the Relevant Period after the end of an Assignment the Hirer wishes to employ the Temporary Worker direct, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Hirer an introduction fee or to agree an extension of the hiring period with the Hirer at the end of which the Temporary Worker may be employed direct by the Hirer without further charge to the Hirer.

4. Company obligations

4.1. When an Assignment is offered to the Temporary Worker the Employment Business shall provide the Temporary Worker with an Assignment Schedule.

4.2. If a variation to the Assignment Schedule is agreed between the Temporary Worker and the Employment Business, the Temporary Worker shall be provided with a copy of the Assignment Schedule confirming the agreed variation by no later than 5 business days following the day on which the variation was agreed.

4.3. An Assignment Schedule may not be provided by the Employment Business to the Temporary Worker under the following circumstances:

4.3.1. Where the Temporary Worker is being offered an Assignment in the same position that they have undertaken within the previous five working days and the Assignment Schedule has already been provided to the Temporary Worker: 

4.3.2. Where the Assignment is intended to last for 5 consecutive working days or less and the Temporary Worker has previously received the Assignment Schedule on which the details remain the same. In such situation the Employment Business need only provide written confirmation of the identity of the Hirer and the likely duration of the Assignment. Where the Assignment subsequently extends the 5 working days, the Temporary Worker shall be provided with an Assignment Schedule within 8 days from the start of the Assignment.

5. Temporary workers obligations

5.1. The Temporary Worker shall during every Assignment and afterwards where appropriate:

5.1.1. Co-operate with the Hirer's reasonable instructions and accept the direction and supervision of any responsible person in the Hirer's organisation;

5.1.2. Make themselves available to the Hirer for no less than the minimum working hours (the Assignment Work Pattern), shown on the provided Assignment Schedule.

5.1.3. Observe any relevant rules and regulations of the Hirer's establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain.

5.1.4. Take all reasonable steps to safeguard his own health and safety and that of any other person who may be present or be affected by his actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;

5.1.5. Not engage in any conduct detrimental to the interests of the Hirer or the Employment Business including any conduct from the Temporary Worker reasonably likely to be detrimental to the Hirer's custom or business and their reputation.

5.1.6. Conduct themselves in a professional manner, to dress according to Hirer requirements, wear any form of identification required and abide by all applicable laws.

5.1.7. At the end of the Assignment or when directed, return to the Employment Business, all property of the Employment Business or Hirer including but not limited to all equipment, material, documents and materials such as personal protective equipment or clothing safety boots.

5.1.8. Not at any time divulge to any person, nor use for his own or any other person's benefit, any confidential information relating to the Hirer's or the Employment Business’ employees, business affairs, transactions, or finances.

5.2. If the Temporary Worker is unable for any reason to attend work during an Assignment, he should inform the Hirer or the Employment Business within four hours of the commencement of the Assignment or shift. Should contact with the Employment Business not be possible the Temporary Worker is required to contact the Hirer at the first possible opportunity.

5.3. Where the Temporary Worker becomes aware of any reason why they may not be suitable for an Assignment either before the commencement of or during the Assignment they shall notify the Employment Business immediately.

5.4. By commencing an Assignment, the Temporary Worker acknowledges that he/she is not aware of anything which will cause a detriment to the Employment Business and/or the interests of the Hirer by being engaged in such an Assignment. The Temporary Worker shall inform the Company immediately if he/she becomes aware of any circumstances which would render such engagement so detrimental which might affect the Hirer's willingness to accept the Temporary Worker's services.

5.5. The Temporary Worker warrants that all information provided to the Employment Business in regards to the right to work in the UK, experience, training and qualifications which may be required or considered by any professional body when determining whether to engage the Temporary Workers services, or which are required by law is true and compliant.

5.6. Prior to the commencement of the Assignment, the Temporary Worker shall notify the Employment Business if the Hirer is a previous employer whether this be directly or via another Employment Business or third party, if so, details of when and in what role{s), including details of any breaks between periods of work, and the reasons for such breaks.

5.7. Where a Temporary Worker has not received the same basic working and employment conditions (as defined in the AWR) as is she or he were directly recruited by the hirer, when she or he is entitled access to collective facilities and amenities or to be informed of any relevant posts with the hirer, having completed the Qualifying Period for Assignment, the Temporary Worker should discuss this with the Employment Business or otherwise raise this in writing to the Employment Business.

5.8. The Temporary Worker acknowledges that any breach of their obligations under this clause may cause the Employment Business to suffer loss and they agree that the Employment Business reserves the right to make a claim for damages to recover such losses from the Temporary Worker.

6. Timesheets & Hours submission by text

6.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or lessor is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business his time sheet or hours sent by text duly completed to indicate the number of hours worked by him during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer or to be forwarded by the Employment Business for client approval.

6.2. Subject to clause 6.3 the Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Company has received payment from the Hirer for these hours.

6.3. Failure to submit a properly completed or authorised timesheet for hours worked may delay payment for those hours.

6.4. For the avoidance of doubt and for the purposes of the Working Time Regulations 1998, the Temporary Worker's working time shall only consist of those periods during which he is carrying out his activities or duties for the Hirer as part of the Assignment. Subject to any amendments made to the Temporary Worker's basic working conditions during the term of this Agreement in compliance with Regulation 5 of the AWR, time spent travelling to the Hirer's premises, lunch breaks and other rest breaks shall not count as part of the Temporary worker's working time for these purposes.

7. Remuneration

7.1. The Employment Business shall pay to the Temporary Worker remuneration of the current National living wage, or above. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, subject to deductions in respect of PAYE pursuant to Section 44-47 of the Income Tax {Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions and any other deductions which the Employment Business may be required by law to make.

7.2. The Temporary Worker may by virtue of having completed the Qualifying Period for an Assignment be entitled under the AWR to an increase in his or her pay and other benefits and any such variation will be notified to the Temporary Worker in the Assignment Schedule.

7.3. Subject to any statutory entitlement under the relevant legislation referred to in clauses 8 and 9 below and any other statutory requirement, the Temporary Worker is not entitled to receive payment from the Employment Business or Hirers for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

7.4. The Temporary Worker understands that Holiday Pay will be included in their hourly rate and not paid separately.

8. Sickness absence

8.1. The Temporary Worker may be eligible for Statutory Sick Pay (SSP) if he or she meets the relevant statutory criteria.

8.2. The Temporary Worker is required to provide evidence of incapacity to work to the Employment Business, which may be a way of self-certification for the first 7 days of incapacity and provide a doctor's certificate thereafter.

8.3. For the purposes of the Statutory Sick Pay scheme the qualifying days for entitlement to payment are the days on which the Agency Worker is due to work on an Assignment. There will be no entitlement to Statutory Sick Pay when the Temporary Worker was not due to work on Assignment. Statutory Sick Pay is not payable for the first three qualifying days in a period of incapacity for work.

8.4. In the event that the Temporary Worker submits a Statement of Fitness for Work or similar medical evidence, indicating that the Temporary Worker is fit to return to work, The Employment Business under its discretion shall determine whether the Temporary Worker will be (a) placed in a new Assignment or (b) permitted to continue with the ongoing Assignment. The Employment Business may consult the Hirer and Agency Worker when determining whether the conditions set in the Statement can be met during the Assignment.

9. Termination

9.1. The Employment Business or the Hirer may, without prior notice or liability, terminate the Temporary Worker's Assignment at any time.

9.2. The Temporary Worker may terminate an Assignment at any time without prior notice or liability.

9.3. If the Temporary Worker does not inform the Hirer or the Employment Business [in accordance with clause 5.2] should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the Temporary Worker in accordance with clause

9.4 Unless the Temporary Worker can show that exceptional circumstances prevented them from complying with clause 5.2. If the Temporary Worker is absent during the course of an assignment and the contract has not been otherwise terminated the Employment Business will be entitled to terminate the contract

9.5. If the Temporary Worker does not report to the Employment Business to notify availability for work for a period of four weeks, the Employment Business will forward his or her P45 to his last known address.

10. Intellectual property rights

10.1 The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him or her for the Hirer during the Assignment shall belong to the Hirer.

11. Confidentiality

11.1. The Temporary Worker may, become privy to the confidential information of the Employment Business or the Hirer at which the Temporary Worker works for on Assignment.

11.2. In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:

11.2.1. Unless required to do so in the proper performance of their duties, the Agency Worker must not divulge or communicate to any person; use for any purposes other than those of the Company or, as appropriate, any Hirer; or cause any unauthorised disclosure, through any failure to exercise due care and attention, of any confidential information relating to the Company or any Hirer.

11.2.2 The Agency Worker agrees to deliver up to the Hirer or the Company (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer {and all copies) which are in its possession including documents and other materials created by them during the course of an Assignment.

12. Data protection

12.1. Under these terms the Temporary Worker agrees that the Employment Business may collect, retain and process sensitive personal data such as medical information, gender and race (pursuant with the Data Protection Act 1998).

12.2. The Agency Worker warrants that in relation to these Terms, shall comply strictly with all provisions applicable to them under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.

13. General

13.1. The Company shall act as a Gangmaster (as defined in Section 4 of the Gangmasters (licensing) Act) when introducing the Agency Worker into Assignments with its Hirers to which this Act applies and as an Employment Business (as defined in Section 13.3 of the Employment Agencies Act 1973) when introducing or supplying the Agency Worker into all other Assignments with its Hirers.

13.2. All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, or by email. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email when that email is sent.

14. Pension

14.1. The Employment Business will comply with the employer pension duties in respect of the Agency Worker in accordance with Part 1 of the Pensions Act 2008

15. Governing Law and Jurisdiction

15.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

Dated and signed by and on behalf of the parties as Follows:

SJBird                                         Stuart J Bird, Managing Director

Please read the following 3 statements carefully and tick the one which applies to you:

Do you have a student loan which is not fully repaid?

Signed by employee:

AND 

A. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.

B. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

Services Provided

1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the "Services") consisting of: - The provision of an HGV Driver or Drivers.
2. The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer. Page 1 of 8 Term of Agreement
3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days notice to the other Party.
5. Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement. Performance
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Currency
7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP. Compensation
8. For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Service Provider of £8.00 per hour.
9. The Compensation will be payable upon completion of the Services.
10. The Compensation as stated in this Agreement does not include Value Added Tax. Any Value Added Tax required will be charged to the Customer in addition to the Compensation.
11. The Service Provider will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Compensation and the Service Provider will indemnify the Company in respect of any such payments required to be made by the Company. Additional Compensation
12. The Service Provider understands that the Compensation as provided in this Agreement will constitute the full and exclusive monetary consideration and compensation for all services performed by the Service Provider and for the performance of all the Service Provider's promises and obligations under this Agreement. Provision of Extras
13. The Customer will not provide any resources, assistance or extras for use by the Service Provider in providing the Services. Reimbursement of Expenses
14. In connection with providing the Services hereunder, the Service Provider will only be reimbursed for the following: - Bridge Tolls Market Pallet drop costs HGV Parking as agreed "prior" to Parking
15. The Service Provider will furnish statements and vouchers to the Customer for all such expenses. Payment Penalties
16. No late payment penalty will be charged if the Customer does not comply with the rates, amounts, or payment dates provided in this Agreement. Performance Penalties
17. If the Service Provider does not perform the Services within the time frame provided by this Agreement, a performance penalty will be charged as follows: - Damage caused by Driver Negligence (£500) per claim if required by an Drivertemps Ltd Client to be paid All parking fines All speeding and driving Infringements to be paid directly. Confidentiality
18. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
19. The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Customer. This obligation will survive for a period of one (1) year from the termination of this Agreement.
20. All written and oral information and material disclosed or provided by the Customer to the Service Provider under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Service Provider

Non-Competition

1. Other than with the express written consent of the Customer, which will not be unreasonably withheld, the Service Provider will not, during the continuance of this Agreement or within one (1) year after the termination of this Agreement, be directly or indirectly involved with a business which is in direct competition with the particular business line of the Customer, divert or attempt to divert from the Customer any business the Customer has enjoyed, solicited, or attempted to solicit, from other individuals or corporations, prior to termination of this Agreement. Non-Solicitation
2. Any attempt on the part of the Service Provider to induce to leave the Customer's employ, or any effort by the Service Provider to interfere with the Customer's relationship with its employees or other service providers would be harmful and damaging to the Customer.
3. The Service Provider agrees that, during the term of this Agreement, and for a period of one (1) year after the termination of the Agreement, the Service Provider will not in any way directly or indirectly: a. induce or attempt to induce any employee or other service provider of the Customer to quit employment or retainer with the Customer; b. otherwise interfere with or disrupt the Customer's relationship with its employees or other service providers; c. discuss employment opportunities or provide information about competitive employment to any of the Customer's employees or other service providers; or d. solicit, entice, or hire away any employee or other service provider of the Customer. Ownership of Materials and Intellectual Property
4. All intellectual property and related material (the "Intellectual Property") including any related work in progress that is developed or produced under this Agreement, will be the sole property of the Customer. The use of the Intellectual Property by the Customer will not be restricted in any manner.
5. The Service Provider may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Customer. The Service Provider will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property. Return of Property
6. Upon the expiry or termination of this Agreement, the Service Provider will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer. Capacity/Independent Contractor
7. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. 

Notice

1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:  

      i) Drivertemps Ltd, Unit 5 Hedge End Business Centre, Botley Road, Hedge End, Southampton, SO30 2AU  stuart.bird@drivertemps.co.uk

Each Party to this Agreement will indemnify and hold harmless the other Party, as permitted by law, from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is directly or proximately caused by the negligent or wilful acts or omissions of the indemnifying Party or its agents or representatives and which result from or arise out of the indemnifying Party's participation in this Agreement. This indemnification will survive the termination of this Agreement.

Insurance

The Service Provider will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Service Provider based on the risk associated with characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.

Modification of Agreement

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.

Entire Agreement

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

Titles/Headings

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Country of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this date as indicated below.