Employed Temporary Worker Contract Of Service

EMPLOYED TEMPORARY WORKERS – CONTRACT (v1.7 01 April 2026)

This Agreement (“Agreement”) is made between:

Marketsmart Limited (Reg. No. 04282143) trading as Recruiteasy (“Recruiteasy”) of 1 Templer House, Scott Close, Newton Abbot, Devon, TQ12 1GJ

And

[Temporary Worker Name] (“Temporary Worker” or "Worker") of [Name and address as supplied]

Background and Basis

This Agreement regulates the relationship between Recruiteasy and the Temporary Worker in connection with any Assignment, as defined.

Based on the representations and declarations made by the Worker, Recruiteasy reasonably considers that the Worker has the necessary qualifications, skills, ability and experience to provide services in connection with Assignments to Recruiteasy’s Client(s).

The Worker confirms that they have the legal right to work in the United Kingdom and agrees to provide services to Recruiteasy’s Client(s) in accordance with the terms of this Agreement and any applicable Assignment Details.

1. DEFINITIONS

1.1. means the rate of pay which will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to deductions in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions, any other deductions which Recruiteasy may be required by law to make and, any Agreed Deductions;

“Agency Worker” means a worker or Temporary Worker as defined at Employment Status and as assigned by Recruiteasy to provide services to the Client;

“Agreed Deductions” means any deductions the Worker has agreed can be made from their pay;

“Assignment” means the period during which the Worker is assigned by Recruiteasy to provide services to the Client;

“Assignment Details” means written confirmation of the Assignment details, which may be provided by email, SMS text message or other written electronic means;

“Client” 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 the Worker is supplied to, assigned or introduced;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended);

“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to any Client, other Workers engaged by Recruiteasy or to Recruiteasy or their business or affairs (including, without limitation, this Agreement, data, records, reports, agreements, software, programs, specifications, know how and trade secrets) which is disclosed to, or accessed by, the Worker in connection with an Assignment, whether in writing, orally or by any other means, whether before or after the date of this Agreement, together with any disclosure or reproductions of such information in any form or medium;

“Recruiteasy” means Marketsmart Limited (registered company No. 04282143) t/a Recruiteasy;

“Engagement” means the engagement, employment or use of the Worker by the Client or by any third party to whom the Worker has been introduced by the Client on a permanent or temporary basis, whether under a contract ‘of’ service or ‘for’ service; an agency, licence, franchise or partnership arrangement; or any other engagement; or through any other employment business; or through a limited company of which the Worker is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“Hourly Rate” mmeans the minimum rate of pay that the Recruiteasy reasonably expects to achieve for each hour worked by the Worker;

"Leave Year" means the period during which the Worker accrues and may take statutory leave commencing 1st January and runs until the anniversary of that date;

“Period of Extended Hire” means any additional period that the Client wishes the Worker to be supplied for beyond the duration of the original Assignment(s) as an alternative to paying a Transfer Fee;

“Relevant Period” means (a) the period of 8 weeks commencing on the day after the last day on which the Worker worked for the Client having been supplied by Recruiteasy; or (b) the period of 14 weeks commencing on the first day on which the Worker worked for the Client having been supplied by Recruiteasy 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;

“Worker” means a worker supplied or assigned by Recruiteasy to its Client(s) to provide services;

“Transfer Fee” means the fee payable by the Client to Recruiteasy if the Client wishes to Engage the Worker, as permitted by Regulation 10 of the Conduct Regulations;

“Type of Work” means the role, duties and activities to be performed by the Worker as set out in the applicable Assignment Details;

“Working Time Regulations”means the Working Time Regulations 1998 (as amended).

1.2. Unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular.

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

2. THE CONTRACT

2.1. TThese Terms, together with any applicable Assignment Details (“Terms”), constitute the entire agreement between Recruiteasy and the Worker in connection with the supply of services for Assignments to Recruiteasy’s Clients and shall govern all such Assignments undertaken by the Worker. However, no contract shall exist between Recruiteasy and the Worker between Assignments.

2.2. These Terms shall prevail over any terms put forward by the Worker. The Terms are deemed accepted by the Worker by virtue of the undertaking of any Assignment and are not dependent on whether a hard copy has been signed and returned.

2.3. During an Assignment, the Worker will be engaged by Recruiteasy on these Terms in respect of that Assignment only. For the avoidance of doubt, the Worker is classified as an Agency Worker and not an employee of Recruiteasy, although Recruiteasy is required to make statutory deductions from the Worker’s pay.

2.4. These Terms shall not give rise to a contract of employment between Recruiteasy and the Worker, or between the Worker and the Client. The Worker is supplied as an Agency Worker and is entitled to certain statutory rights, but nothing in these Terms shall be construed as giving the Worker rights in addition to those provided by statute except where expressly stated.

2.5. For the avoidance of doubt, no mutuality of obligation exists between Assignments and Recruiteasy is under no obligation to offer work, nor is the Worker under any obligation to accept work.

2.6. No variation to these Terms shall be valid unless agreed in writing between Recruiteasy and the Worker and confirmed in writing to the Worker, stating the date from which the variation shall apply.

2.7. Recruiteasy shall act as an employment business (as defined in section 13(3) of the Employment Agencies Act 1973) when introducing or supplying the Worker for Assignments with its Clients.

3. RIGHT-TO-WORK CHECKS AND REFERENCES

3.1. The Worker’s engagement is conditional upon the satisfactory completion of all required pre-engagement checks, including the UK right-to-work check and any other checks required by law or reasonably required by Recruiteasy. Employment references from one or more previous employers may also be required and must be satisfactory to Recruiteasy. The Worker consents to Recruiteasy carrying out such checks and obtaining references and authorises Recruiteasy to use third-party service providers to conduct those checks and to share the Worker’s personal data for those purposes.

3.2. Where an Assignment or engagement commences before the completion of any required check, this shall not constitute a waiver of that requirement, and continuation of the Assignment or engagement shall remain conditional upon Recruiteasy being satisfied that the relevant checks have been completed satisfactorily.

4. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

4.1. Recruiteasy will endeavour to obtain suitable Assignments for the Temporary Worker performing the agreed Type of Work. The Temporary Worker shall not be obliged to accept any Assignment offered by Recruiteasy.

4.2. The Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:

4.2.1. the suitability of any Assignment to be offered shall be determined solely by Recruiteasy;

4.2.2. Recruiteasy shall incur no liability to the Worker if it is unable to offer Assignments of the agreed Type of Work or any other work.

4.3. At the time an Assignment is offered to the Worker, Recruiteasy shall provide the Worker with Assignment Details setting out the following:

4.3.1. the identity of the Client and, where applicable, the nature of its business;

4.3.2. the date the Assignment is to commence and its duration or likely duration;

4.3.3. the Type of Work, location and the hours during which the Worker will be required to work;

4.3.4. the Actual Rate of Pay and any expenses payable by or to the Worker;

4.3.5. any known risks to health and safety in relation to the Assignment and the steps taken to prevent or control such risks;

4.3.6. any experience, training, qualifications or authorisation which the Client considers necessary or which are required by law or a professional body to work in the Assignment;

4.3.7. the intervals of payment.

4.4. Where the information referred to in clause 4.3 is not provided in paper or electronic form at the time the Assignment is offered, it shall be confirmed by such means by the end of the third business day (excluding Saturdays, Sundays and any Public or Bank Holidays), save where:

4.4.1. the Worker is offered an Assignment in the same position as one in which the Worker has previously been supplied within the previous 5 business days and the information has already been provided; or

4.4.2. subject to clause 4.5, the Assignment is intended to last for 5 consecutive working days or less and the information has previously been provided and remains unchanged, in which case Recruiteasy need only confirm in writing the identity of the Client and the likely duration of the Assignment.

4.5. Where the provisions of clause 4.4.2 apply but the Assignment extends beyond the intended period of 5 consecutive working days, Recruiteasy shall provide the information referred to in clause 4.3 to the Worker in paper or electronic form within 8 days of the start of the Assignment.

4.6. For the purposes of calculating the average number of weekly hours worked by the Worker under the Working Time Regulations, the start date for the relevant averaging period shall be the date on which the Worker commences their first Assignment.

4.7. If, before or during an Assignment or during the Relevant Period, a Client or any associated, connected or related person, firm or business (including any group company) wishes to Engage the Worker directly or indirectly, whether for itself or for another person or business, the Worker must immediately notify Recruiteasy of such approach.

4.8. Recruiteasy shall be entitled either to charge the Client a Transfer Fee or to agree a Period of Extended Hire, at the end of which the Worker may be Engaged without further charge.

4.9. Recruiteasy shall also be entitled to charge a Transfer Fee where a Client introduces the Worker to any third party who subsequently Engages the Worker within the Relevant Period.

4.10. The Worker must not, during an Assignment or during the Relevant Period, make any approach to, or accept any Engagement with, a Client or any associated, connected or related person, firm or business, or seek to circumvent Recruiteasy by arranging to work for any such party directly or indirectly.

5. TEMPORARY WORKER’S OBLIGATIONS

5.1. The Worker is not obliged to accept any Assignment offered by Recruiteasy. However, where an Assignment is accepted, the Worker shall, during the Assignment and afterwards where appropriate:

5.1.1. co operate with the Client’s reasonable instructions and accept the direction, supervision and control of any responsible person within the Client’s organisation;

5.1.2. not commence work on any Assignment until the Worker has received a suitable welcome briefing, site familiarisation, any required health and safety induction (including instruction on equipment, machinery or plant where applicable), and a clear job specific briefing relevant to the work to be undertaken;

5.1.3. comply at all times with the Client’s health and safety rules, procedures and requirements, including the correct use of any personal protective equipment (PPE) provided or required for the Assignment;

5.1.4. take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or affected by their actions during the Assignment;

5.1.5. observe all relevant rules and regulations applicable at the Client’s premises (including normal hours of work) which have been notified to the Worker or which the Worker might reasonably be expected to ascertain;

5.1.6. refrain from any conduct which is detrimental to the interests of the Client or which may give rise to allegations of negligence;

5.1.7. not at any time divulge to any person, nor use for their own or any other person’s benefit, any Confidential Information relating to the Client’s or Recruiteasy’s employees, business affairs, transactions or finances; and

5.1.8. upon completion of an Assignment, or upon request by the Client or Recruiteasy, promptly return any property, equipment, materials, documents, access cards, identification, uniforms, personal protective equipment or other items provided in connection with the Assignment.

5.2. If the Worker is unable for any reason to attend work during the course of an Assignment the Worker should inform Recruiteasy within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform Recruiteasy within these timescales, the Worker should alternatively inform the Client and then Recruiteasy as soon as possible.

5.3. If, either before or during the course of an Assignment, the Worker becomes aware of any reason why they may not be suitable for an Assignment, they shall notify Recruiteasy without delay.

5.4. The Worker acknowledges that any breach of their obligations set out in this clause or agreement as a whole, particularly with regards to Clause 4.7, which may cause Recruiteasy to suffer loss, Recruiteasy reserves the right to recover such losses from the Worker.

5A. NON-CIRCUMVENTION

5A.1. The Worker shall not, at any time before, during or after an Assignment, directly or indirectly: (a) seek, solicit, accept or enter into an Engagement with a Client; or (b) assist, encourage or enable any Client or third party to Engage the Worker, other than through Recruiteasy and strictly in accordance with the Conduct Regulations and these Terms.

5A.2. The Worker agrees that this restriction is a reasonable and necessary protection of Recruiteasy’s legitimate business interests, including its client relationships and commercial arrangements.

5A.3. This clause applies whether the Engagement is intended to commence before, during or after an Assignment and regardless of whether the Engagement is on a temporary, permanent, employed, self-employed or other basis.

5B. DUTY TO NOTIFY AND DISCLOSE APPROACHES

5B.1. The Worker must immediately notify Recruiteasy in writing if: (a) a Client makes any proposal, request or indication of an intention to Engage the Worker other than through Recruiteasy; or (b) the Worker becomes aware of any attempt by a Client or third party to circumvent Recruiteasy.

5B.2. Failure to notify Recruiteasy in accordance with this clause shall constitute a material breach of these Terms.

5C. NO ASSISTANCE IN CIRCUMVENTION

5C.1. The Worker shall not take any action, or omit to take any action, which has the purpose or effect of enabling or assisting a Client or any third party to bypass, undermine or avoid Recruiteasy’s contractual or commercial relationship with the Client.

5D. LOSS, COSTS AND INDEMNITY

5D.1. Where the Worker breaches clauses 5A, 5B or 5C and Recruiteasy suffers loss as a result, the Worker agrees to indemnify Recruiteasy for any direct financial loss reasonably incurred, including (without limitation): (a) loss of fees or margin; (b) transfer fees or extended hire fees lost or avoided as a result of the breach; and (c) reasonable legal and administrative costs incurred in enforcing these Terms.

5D.2. Recovery under this clause shall be limited to losses which are reasonably foreseeable at the time of the breach.

5E. CLIENT PRIVATE WORK AND INSURANCE

5E.1. The Worker must not, without the prior written consent of Recruiteasy, undertake any work, hours, overtime or services for a Client other than through Recruiteasy, or accept any payment or benefit directly from a Client.

5E.2. The Worker acknowledges that undertaking work outside the Assignment may invalidate insurance cover, create uncertainty as to employment responsibility, and expose Recruiteasy, the Client and the Worker to legal and financial risk.

5E.3. The Worker must immediately notify Recruiteasy if a Client requests or encourages any such work. Breach of this clause shall constitute a material breach of these Terms.

5F. SAFEGUARDING AND CLIENT CONDUCT

5F.1. The Worker must carry out all work in accordance with applicable law, health and safety requirements, safeguarding obligations, and the terms of the Assignment.

5F.2. The Worker must not comply with any request or instruction from a Client which would involve unsafe working practices, unlawful activity, working outside the scope of the Assignment, or circumstances where appropriate insurance cover may not apply.

5F.3. The Worker must immediately notify Recruiteasy if a Client requests or encourages any conduct which may give rise to safeguarding, legal, safety or compliance concerns.

5F.4. Breach of this clause may constitute a material breach of these Terms.

5G. SURVIVAL

5G.1. Clauses 5A to 5F shall survive the termination or completion of any Assignment and the termination of this Agreement, to the extent necessary to give them effect.

6. TIMESHEETS

6.1. At the end of each week of an Assignment (being the relevant reporting period notified by Recruiteasy or the Client), or at the end of the Assignment where it lasts for one week or less or ends before the end of a week, the Worker must submit to Recruiteasy a timesheet accurately recording the hours worked during the relevant period and authorised or approved by a duly authorised representative of the Client.

6.2. Subject to clause 5.3 and clause 6.3, Recruiteasy shall pay the Worker for all hours properly worked, regardless of whether Recruiteasy has received payment from the Client.

6.3. Where there is a reasonable and genuine dispute relating to attendance, misconduct, negligence, wilful damage, non compliance with this Agreement, or the accuracy or authorisation of a timesheet, Recruiteasy may withhold payment of the affected hours on a temporary basis while the matter is investigated and discussed with the Client.

6.4. The Worker expressly agrees that, where it is established following such investigation that a lawful deduction is permitted, Recruiteasy may make appropriate deductions from pay in accordance with section 13 of the Employment Rights Act 1996, provided that any such deduction is reasonable, proportionate, and limited to the amount properly attributable to the matter in question and arising from the Worker’s act, omission or breach. Any undisputed sums shall be paid as soon as reasonably practicable.

6.5. Where the Worker fails to submit a properly completed or authorised timesheet, or where a Client disputes, queries or refuses to authorise a timesheet due to attendance, performance, conduct or compliance issues, Recruiteasy shall, in a timely manner, investigate the hours claimed and the reasons for such dispute or refusal.

6.6. Payment of any affected hours may be withheld pending the outcome of the investigation. Recruiteasy shall make no payment in respect of hours not worked or hours not properly authorised, and any undisputed hours shall be paid in accordance with clause 6.2 as soon as reasonably practicable.

6.7. For the avoidance of doubt and for the purposes of the Working Time Regulations, the Worker’s working time shall consist only of periods during which the Worker is carrying out duties or activities for the Client as part of an Assignment. Time spent travelling to and from the Client’s premises, meal breaks and rest breaks shall not count as working time for these purposes.

7. REMUNERATION

7.1. Recruiteasy shall pay the Worker the Actual Rate of Pay, which shall be notified on a per Assignment basis.

7.2. Subject to any statutory entitlement (including those referred to in clauses 8 and 9 below), the Worker shall not be entitled to receive payment from Recruiteasy or the Client for any time not spent working on an Assignment, including in respect of holidays, sickness or absence for any other reason, unless otherwise required by law or expressly agreed in writing.

8. STATUTORY PAID ANNUAL LEAVE

8.1. The Worker is entitled to paid annual leave in accordance with the Working Time Regulations.

8.2. Due to the irregular and assignment based nature of the Worker’s work, statutory holiday pay will be paid on a rolled up basis and calculated as a percentage of the hours worked on each Assignment in accordance with statutory requirements. The holiday pay element will be separately itemised on the Worker’s payslip.

8.3. The Worker acknowledges that holiday pay is included within regular pay in this way and that no separate payment will be made at the time leave is taken.

8.4. The Worker remains entitled to take periods of annual leave and is encouraged to take adequate rest for health and safety purposes, but such leave will be unpaid at the time it is taken, as holiday pay will already have been paid.

8.5. No payment in lieu of holiday pay shall be due on termination of this Agreement, as all statutory holiday pay will have been paid progressively with each payment for work undertaken.

9. SICKNESS ABSENCE

9.1. The Worker will be entitled to Statutory Sick Pay (SSP) in accordance with prevailing legislation. SSP is payable from the first day of sickness absence, with no waiting days and without any minimum earnings threshold, subject to statutory eligibility.

9.2. The Worker must notify Recruiteasy of sickness absence in accordance with clause 5.2 and provide evidence of incapacity to work. This may be by way of self certification for the first 7 calendar days of absence and a doctor’s fit note thereafter, or such other evidence as may be required by law.

9.3. SSP will be payable only for qualifying days in accordance with statutory rules applicable at the time of absence.

9.4. Where the Worker submits a Statement of Fitness for Work or similar medical evidence indicating that they may be fit to return to work subject to certain conditions, Recruiteasy shall determine, in its sole discretion, whether the Worker will be placed into a new Assignment or permitted to continue in an existing Assignment. In making that determination, Recruiteasy may consult with the Client and the Worker to assess whether the identified conditions can reasonably be accommodated for the duration of the Assignment.

9.5. Where clause 9.4 applies, any placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Worker agreeing to appropriate variations to these Terms or to the applicable Assignment Details in order to accommodate the relevant conditions.

10. TERMINATION

10.1. Any of Recruiteasy, the Worker or the Client may terminate an Assignment at any time, with immediate effect and without prior notice.

10.1A. The Worker may terminate an Assignment with immediate effect in accordance with clause 10.1. However, notwithstanding clause 10.1, the Worker must not abandon an Assignment or leave the Client’s site during a shift without notifying the Client’s responsible person and Recruiteasy as soon as reasonably practicable. Failure to do so without reasonable cause shall constitute a material breach of these Terms.

10.1B. Without prejudice to any other rights or remedies, where the Worker leaves an Assignment early or refuses to continue working in breach of clause 10.1A, Recruiteasy reserves the right to take action under clause 5D.

10.2. The Worker acknowledges that the continuation of any Assignment is subject to, and conditional upon, the continuation of the contract between Recruiteasy and the Client. Where that contract is terminated for any reason, the Assignment shall cease with immediate effect, without liability to the Worker, save for payment in respect of hours properly worked up to the date of termination of the Assignment.

10.3. Where the Worker fails to notify the Client or Recruiteasy that they are unable to attend work during the course of an Assignment, in accordance with clause 5.2, this shall be treated as termination of the Assignment by the Worker under clause 10.1, unless the Worker can demonstrate that exceptional circumstances prevented compliance with clause 5.2.

10.4. Where the Worker is absent during the course of an Assignment and the Assignment has not otherwise been terminated under clauses 10.1 or 10.3, Recruiteasy may terminate the Assignment with immediate effect.

10.5. Where the Worker has not contacted Recruiteasy to indicate availability for work for a continuous period of three weeks, Recruiteasy may treat the Worker as no longer available for Assignments.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. The Worker acknowledges and agrees that all copyright, trademarks, patents and other intellectual property rights arising from or created in the course of services performed by the Worker for a Client during an Assignment shall belong to the Client. To the extent that such rights do not automatically vest in the Client, the Worker hereby assigns such rights to the Client by way of present assignment of future rights. The Worker shall, at the request and expense of Recruiteasy or the Client, execute all such documents and do all such acts as may reasonably be required to give effect to the Client’s rights under this clause.

12. CONFIDENTIALITY

12.1. In order to protect the confidentiality and trade secrets of any Client and of Recruiteasy, and without prejudice to any other duty of confidence owed, the Worker agrees that they shall:

12.1.1. not at any time, whether during or after an Assignment (unless expressly authorised by the Client or Recruiteasy as a necessary part of performing the Assignment), disclose to any person or make use of any trade secrets or Confidential Information of the Client or Recruiteasy, except where such information is already lawfully in the public domain;

12.1.2. at the end of each Assignment, or upon request, deliver to the Client or Recruiteasy (as directed) all documents and other materials belonging to the Client or Recruiteasy (and all copies thereof) which are in the Worker’s possession or control, including any materials created during the course of the Assignment; and

12.1.3. not make or retain any copy, abstract, summary or extract of the whole or any part of any document or other material belonging to the Client or Recruiteasy, except where required in the proper performance of an Assignment, in which case any such item shall belong to the Client or Recruiteasy as appropriate.

13. SEVERABILITY

13.1. If any provision of these Terms is determined by any competent authority to be unenforceable or invalid to any extent, that provision shall, to the extent of such unenforceability or invalidity, be severed from these Terms and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

14. NOTICES

14.1. Any notice or communication required to be given under this Agreement shall be in writing and may be delivered by hand, sent by first class pre paid post, sent by email, or sent via Recruiteasy’s internal CRM or workforce management system, SMS text message, or instant messaging service (including WhatsApp), using the contact details most recently provided by the Worker or used in the course of the Assignment.

14.2. A notice shall be deemed to have been received:

(a) if delivered by hand, at the time of delivery;

(b) if sent by first class post, 48 hours after posting;

(c) if sent by email or via Recruiteasy’s internal CRM system, at the time of transmission, provided no delivery failure notification is received; and

(d) if sent by SMS or instant messaging service (including WhatsApp), at the time the message is successfully sent, provided no delivery failure notification is received.

14.3. It is the Worker’s responsibility to ensure that Recruiteasy is kept informed of up to date contact details. Recruiteasy shall not be responsible for any failure to receive a notice arising from incorrect or outdated contact information.

15. GOVERNING LAW AND JURISDICTION

15.1. These Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

16. ISSUE OF TERMS

16.1. This Agreement will ordinarily be issued to you electronically, including by email. No signature is required for this Agreement to take effect.

17. ACCEPTANCE BY COMMENCEMENT OF ASSIGNMENT

17.1. You acknowledge and agree that this Agreement shall take effect and be legally binding upon you from the moment you commence any Assignment or otherwise provide services pursuant to an Assignment, whether or not this Agreement has been signed.

17.2. If you have any queries, concerns or objections in relation to the terms of this Agreement, you must notify the Company in writing promptly and, in any event, before commencing any Assignment. If you commence or continue working without raising any written objection, the Company may treat this Agreement as accepted in full and binding upon you.

17.3. Nothing in this clause limits or prevents the Company from relying on acceptance by conduct or otherwise in accordance with applicable law.