SELF-EMPLOYED TEMPORARY WORKER – TERMS OF ENGAGEMENT (CIS)

(v1.7 01 April 2026)

This Agreement (“Agreement”) is made between:

Marketsmart Limited (“Client”) trading as “Recruiteasy” of 1 Templer House, Scott Close, Newton Abbot, Devon, TQ12 1GJ

And

[Self-Employed Temporary Worker] (Worker) of [Name and address as supplied]

Background

This Agreement regulates the relationship between Recruiteasy and the 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.

TThe parties acknowledge that the Worker requests and agrees to be treated as self-employed for tax purposes and to be paid under the Construction Industry Scheme (CIS) (where applicable). Nothing in this Agreement is intended to, or shall, exclude or limit any statutory rights that the Worker may have as a “worker” or “agency worker” under applicable legislation.

1. DEFINITIONS

1.1. In this Agreement the following definitions apply:

“Agency Worker” means a worker as described at www.gov.uk/employment-status and as supplied or assigned by Recruiteasy to provide services to the Client;

“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;

“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;

“Fee Rate” means the agreed fee rate payable for the Assignment, notified on a per Assignment basis, calculated by reference to hours worked (to the nearest quarter hour) or by reference to agreed outputs, as stated in the applicable Assignment Details;

“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;

“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. A reference to a person includes an individual, a corporate entity and any organisation which is managed or controlled as a unit.

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

1.5. Any agreement by any party not to do or omit to do something includes an obligation not to allow any other person to do or omit to do that same thing.

1.6. All money sums mentioned in this Agreement are calculated net of VAT (if applicable), unless expressly stated otherwise.

2. THE CONTRACT

2.1. These 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. The Worker is supplied as an Agency Worker and may be entitled to certain statutory rights. For the avoidance of doubt, nothing in these Terms shall be construed as creating a contract of employment between Recruiteasy and the Worker, or between the Worker and the Client.

2.4. The Worker requests and agrees to be treated as self-employed for tax purposes and to be paid under CIS (where applicable). Recruiteasy shall be entitled to make such deductions as it is required to make by law (including CIS deductions) and such other deductions or set-off as are expressly permitted by these Terms or by law.

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.

2.8. In entering into this Agreement neither party has relied on any representation, warranty or statement (whether negligent or innocent) other than as set out expressly in these Terms.

3. RIGHT-TO-WORK CHECKS, COMPETENCE 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. References may also be required and must be satisfactory to Recruiteasy. The Worker consents to Recruiteasy carrying out such checks, obtaining references and using third-party service providers for those purposes, and to the sharing of the Worker’s personal data as necessary.

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

3.3. The Worker warrants that they hold, and will maintain where applicable, the necessary trade qualifications, accreditation, authorisations and cards required for the Type of Work and that they have the skills and experience to perform the services competently and safely.

4. ASSIGNMENTS

4.1. Recruiteasy will endeavour to obtain suitable Assignments for the Worker performing the agreed Type of Work. The Worker is under no obligation 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; and

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 Fee Rate 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; and

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. Unless otherwise agreed in writing, by accepting an Assignment the Worker agrees to perform the services personally and to complete the Assignment competently and safely in accordance with the Assignment Details and any reasonable site instructions.

4.7. 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.

4.8. 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.

4.9. 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.

4.10. 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.

4.11. 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. WORKER’S OBLIGATIONS, HEALTH & SAFETY, CONDUCT

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. cooperate 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. Unless expressly stated otherwise in the Assignment Details, the Worker is responsible for providing their own PPE suitable for the Type of Work;

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, PPE 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 must not, without the prior written consent of Recruiteasy, either directly or indirectly, provide services to or deal with any person, firm or organisation if to do so would involve the Worker in any conflict of interest with either the Client or Recruiteasy and must immediately notify Recruiteasy of any actual or potential conflict of interest.

5.5. The Worker acknowledges that any breach of their obligations set out in this clause or Agreement as a whole, particularly with regards to clauses 4.8 to 4.11 and clauses 5A to 5F, may cause Recruiteasy to suffer loss, and Recruiteasy reserves the right to recover such losses from the Worker in accordance with this Agreement and applicable law.

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 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, INVOICING, FEES AND PAYMENT

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. Within two (2) days from the end of each week (or at the end of the Assignment if it ends mid-week), the Worker shall deliver to Recruiteasy an invoice corresponding to the authorised timesheet (or, where the Assignment is output-based, an invoice consistent with the agreed deliverables and any Client sign-off required under the Assignment Details).

6.3. No fees shall be payable until Recruiteasy has received both a properly completed and authorised timesheet and a valid invoice for the relevant period.

6.4. Subject to clauses 6.6 to 6.9, Recruiteasy shall pay the Worker the Fee Rate for all hours properly worked (or deliverables properly completed) in accordance with the authorised timesheet and invoice, regardless of whether Recruiteasy has received payment from the Client.

6.5. Payment will normally be made by the following Friday or within seven (7) days of receiving the invoice, unless otherwise agreed in the applicable Assignment Details.

6.6. 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 or invoice, Recruiteasy may withhold payment of the affected hours or amounts on a temporary basis while the matter is investigated and discussed with the Client.

6.7. Recruiteasy shall, in a timely manner, investigate the hours or amounts claimed and the reasons for any dispute, query or refusal to authorise. Any undisputed sums shall be paid as soon as reasonably practicable.

6.8. Where it is established following such investigation that the Worker has not worked the hours claimed, has left early without reasonable cause, has caused loss or damage, or has otherwise breached these Terms in a way that permits a financial remedy, Recruiteasy may (to the extent permitted by law) withhold the affected fees and/or set off or deduct from sums otherwise due: (a) overpaid amounts; (b) the reasonable and proportionate cost of rectifying or making good wilful damage caused by the Worker; and/or (c) direct losses recoverable under clause 5D or clause 9 and attributable to the Worker’s act, omission or breach, provided always that the Worker is given written notice of the basis and calculation of any such set-off or deduction.

6.9. Travel and subsistence expenses shall be borne by the Worker unless expressly approved in advance by Recruiteasy in the Assignment Details and evidenced by receipts or vouchers.

6.10. The Worker must inform Recruiteasy of their VAT registration status and, if registered, of their VAT number prior to commencing any Assignment. Recruiteasy will not be retrospectively liable for VAT if the Worker fails to disclose their VAT status in advance and fails to invoice correctly during the Assignment(s).

6.11. 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. TAX, CIS AND SELF-EMPLOYED STATUS

7.1. The Worker is responsible for personally paying all Income Tax and National Insurance Contributions and any other chargeable taxes arising from fees paid under this Agreement, taking into account that under HMRC rules Recruiteasy may be obligated under CIS to deduct applicable tax at source at the rate notified by HMRC. All Self-Assessment tax returns and any dealings with HMRC to pay or reclaim tax are the Worker’s sole responsibility.

7.2. The Worker shall provide Recruiteasy promptly with all information reasonably required to operate CIS correctly, including their CIS verification status, UTR number and any changes notified by HMRC.

7.3. Except to the extent required by law, the Worker is not entitled to employee benefits from Recruiteasy or the Client. Nothing in these Terms shall be construed to (i) constitute the parties as partners, joint venturers, co-owners or otherwise, or (ii) allow the Worker to create or assume any obligation on behalf of Recruiteasy without Recruiteasy’s express written consent.

8. RECRUITEASY INSURANCE AND WORKING ENVIRONMENT

8.1. Recruiteasy warrants that it will:

8.1.1. hold and maintain such policies of insurance as it considers appropriate to cover its business risks and, where applicable, the activities of the Worker whilst the Worker is engaged on an Assignment arranged and managed by Recruiteasy.

8.1.2. take reasonable steps to ensure that, so far as is reasonably practicable, the Client provides a safe working environment for the Assignment, taking account of the remote and third party nature of Client sites and assigned locations; and

8.1.3. liaise with Clients and relevant parties to facilitate the Assignment where reasonably necessary.

9. WORKER INSURANCE AND INDEMNITY

9.1. The Worker acknowledges that Recruiteasy maintains insurance which may provide cover to the Worker while they are actively working on an Assignment arranged and managed by Recruiteasy. Such cover is limited to the Assignment and operates alongside any insurance held by the Client.

9.2. The Worker further acknowledges that, due to their self employed agency status and the involvement of different Clients, agencies and insurers, there may be circumstances where responsibility for insurance cover is unclear or where gaps or overlaps in cover could arise.

9.3. For this reason, and for their own protection, the Worker is required to maintain appropriate personal insurance cover, including public liability insurance and, where relevant to the Type of Work, professional or occupational indemnity insurance, which is intended to focus on the Worker personally regardless of where or how they are working.

9.4. The Worker shall, upon reasonable request, provide evidence of such insurance.

9.5. The Worker agrees to indemnify and keep indemnified Recruiteasy against all loss, damages, claims, expenses, liability or costs arising out of or in connection with the performance or non performance of the services by the Worker, including any act, neglect or default of the Worker or any breach of this Agreement.

10. SUBSTITUTION AND USE OF SUB-CONTRACTORS

10.1. The Worker shall not sub-contract, assign or delegate any part of their obligations under this Agreement or an Assignment without Recruiteasy’s prior written consent. Where such consent is given:

10.1.1. the Worker must first obtain Recruiteasy’s written approval of the identity of any substitute or sub-contractor and the terms on which they will be engaged;

10.1.2. the Worker remains responsible and liable for the performance of the Assignment and compliance with these Terms; and

10.1.3. the Worker shall indemnify Recruiteasy fully against any loss or damage arising from any act or omission of any substitute, agent or sub-contractor.

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.

11.2. 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. STATUTORY LEAVE AND SICKNESS (WHERE APPLICABLE)

13.1. The Worker is engaged on a self employed basis for tax purposes and, except where required by law, is not entitled to paid annual leave or other employee benefits.

13.2. Nothing in this Agreement is intended to exclude or limit any statutory rights that the Worker may have as a “worker” under applicable legislation. Where any entitlement to paid annual leave arises by operation of law, such entitlement shall be dealt with in accordance with statutory requirements applicable at the relevant time.

13.3. Where the Worker is treated as self employed for tax purposes and paid under the Construction Industry Scheme (CIS), Statutory Sick Pay is not normally payable. However, nothing in this Agreement prevents payment of any statutory sick pay or other statutory payment if, and to the extent that, it is required by law and applicable to the Worker’s status at the relevant time.

13.4. The Worker must notify Recruiteasy of any period of sickness or incapacity affecting their availability for Assignments in accordance with clause 5.2.

14. DURATION AND TERMINATION

14.1. This Agreement shall continue until terminated in accordance with this clause 14.

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

14.2A. The Worker may terminate an Assignment with immediate effect in accordance with clause 14.2. However, 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.

14.3. Either party may terminate this Agreement by giving seven (7) days’ written notice to the other.

14.4. Recruiteasy may terminate this Agreement immediately by written notice if:

14.4.1. the Worker commits a material breach of these Terms which, if capable of remedy, is not remedied within seven (7) days of written request;

14.4.2. the Worker fails to arrive at an Assignment at the prescribed or agreed time unless Recruiteasy has been informed in good time or the circumstances were beyond the Worker’s reasonable control;

14.4.3. the Worker is guilty of misconduct, negligence, dishonesty, wilful damage or serious non-compliance with site rules, health and safety requirements or safeguarding obligations; or

14.4.4. the Worker becomes bankrupt or insolvent or any analogous event occurs.

14.5. The Worker may terminate this Agreement immediately by written notice if Recruiteasy fails to pay any undisputed sum due within fourteen (14) days after its due date, provided the Worker has first notified Recruiteasy in writing of the non-payment and given Recruiteasy a reasonable opportunity to investigate and rectify the issue.

14.6. 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 fees properly earned for work done up to the date of termination in accordance with clause 6.

14.7. 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 14.2, unless the Worker can demonstrate that exceptional circumstances prevented compliance with clause 5.2.

14.8. 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 and may terminate this Agreement by written notice.

14.9. Any obligation intended to continue to have effect after termination or completion shall so continue, including (without limitation) clauses 5A to 5G and clause 12.

15. ASSIGNMENT OF THIS AGREEMENT

15.1. Neither party may assign, delegate, sub-contract, or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written consent of the other party, except that a party may assign and transfer all its rights and obligations to any person to which it transfers all or substantially all of its business, provided that the assignee undertakes in writing to the other party to be bound by the obligations of the assignor under this Agreement.

16. UNCONTROLLABLE EVENTS

16.1. Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond its reasonable control.

16.2. If any uncontrollable event delays or prevents the performance of the obligations of either party for a continuous period of more than seven (7) days, the other party may give notice to terminate this Agreement.

16.3. The Worker remains liable for any delay or failure by a substitute, sub-contractor or supplier engaged by the Worker, unless the delay or failure is also beyond the reasonable control of the Worker.

16.4. So long as an uncontrollable event continues, Recruiteasy may contract with others for the supply of any items and/or services which the Worker fails to supply in accordance with the terms of this Agreement.

17. MISCELLANEOUS MATTERS

17.1. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.2. So far as any time, date or period is mentioned in this Agreement, or in the terms of any Assignment, time shall be of the essence.

17.3. The rights and obligations of the parties set out in this Agreement shall pass to any permitted successor in title.

18. DATA PROTECTION

18.1. The Worker acknowledges that Recruiteasy will process personal data relating to the Worker for the purposes of recruitment, engagement, CIS administration, compliance checks, assignment management and business operations, and may share such data with Clients, group companies, regulators and third-party service providers where necessary for those purposes.

18.2. Each party shall comply with applicable data protection law, including the UK GDPR and the Data Protection Act 2018, in relation to any personal data processed in connection with this Agreement.

19. SEVERABILITY

19.1. 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.

20. NOTICES

20.1. 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 prepaid 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.

20.2. 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.

20.3. 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.

21. GOVERNING LAW AND JURISDICTION

21.1. 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.

22. ISSUE OF TERMS

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

23. ACCEPTANCE BY COMMENCEMENT OF ASSIGNMENT

23.1. 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.

23.2. 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.

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