Terms and Conditions of Business

For Freelance Project Assignments 

1. These Terms and Conditions are between Lead Kinetics (“the Agency”) and the Hirer (“the Client”) which term shall include all subsidiary and associated companies, firms and associations) seeking to engage a Freelancer, (“Contractor”) for project assignments

2. These Terms and Conditions are deemed to be accepted by the Client, by virtue of an introduction, effected by the Agency, of the Contractor, for services, to deliver a project assignment.

3. All introductions and Contractor details are confidential and are supplied to the Client on the understanding that it will keep the information confidential and not disclose it to any third party without the Agency's prior written consent. For completeness, this is incorporated within the jurisdiction of the GDPR framework.

4. The Agency will not make an introduction or supply of Contractors, to the Client, until the Client has supplied the Agency with the following information: -

•   Confirmation between Client and Agency of a detailed project brief, including project schedule, deliverables, relevant specifications, and due dates.

•   Confirmation of the start date, hours (weekly), and duration of the project.

•   Agreement with Client of Agency day rate/ project budget, for payment to the Agency.

•   Agreement with Client of frequency, payment terms, and method of payment, to the Agency.

•    Confirmation from Client to reimburse the Contractor, directly, for any reasonable out of pocket expenses incurred as a result of delivering the project assignment.

5. Payment terms

Initial Agency invoice will be submitted at the point of sign off by the Client, to project commencement, and payment will be due within 7days of receipt of invoice.

Thereafter, if the project assignment extends beyond one-month, subsequent invoices will be submitted on the first working day of each month. Payment will be due within 7 days of receipt of the invoice.

The Agency's invoices are subject to VAT and all accounts are payable 7 days from the date of the invoice.

The right is reserved in respect of any invoice not paid within 30 days of the due date, to charge interest (without prior notification) and to recover debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (from time to time amended) as amended by the Late Payment of Commercial Debts (Interest) Regulations 2002. Payment must be made without deduction or set-off.

All costs, charges and expenses incurred by the Agency in recovering any outstanding account shall be levied against the Client on a full indemnity basis.

Should any invoice be due and unpaid after 30 days then all invoices raised shall become immediately due and payable.

6. Written confirmation from the Client, confirming that it is aware of all legal and/or professional requirements to be satisfied before the Contractor can be supplied or engaged.

7. The Client is responsible for ensuring compliance with all health and safety and other legislation relating to any project assignment and the supervision direction and control of any worker supplied to the Client. Accordingly, any insurance cover should be arranged directly by the Client.

8. Following completion of project assignment(s), the Agency offers the Client an extension period of six weeks, in consideration of any further services required of the Freelancer, by the Client.

9. Permanent Employment

In the event of the Client seeking to engage a Contractor, on a permanent, temporary/fixed term basis, the following terms will apply:

10. A transfer fee will be charged if the Client does not take up the option to extend the assignment, (cf clause 8)

11. Fees payable, in this regard, will be on a pro-rata basis of the all-inclusive amount of the starting salary

12. The Client agrees, forthwith, upon demand, to provide the Agency with complete and accurate written details of a Contractor’s total remuneration and it hereby warrants that any such details it provides are and will be complete and accurate.

13. The introduction fee is payable by the Client to the Agency immediately on the engagement of a Contractor and in any event within seven days of the invoice date.

14. The Fee structure is set out in the table below.

20k - 25k..................15%   

26k - 30k..................18%   

31k - 40k..................20%   

15.  Fees will be charged for any Contractor engaged as a consequence of or resulting from an introduction to the Client.

This fee shall be payable if a Contractor is engaged for any position, or is engaged by any associate company, firm, or person or third party to whom the Client may introduce a Contractor.

The passing on of an introduction to another employer, recruitment agency, employment business, firm or company which results in an engagement renders the Client liable to pay the Agency’s fee as set out above.

16. It is the responsibility of the Client to ensure the suitability of any Contractor, introduced by the Agency to the Client. The Agency does not warrant the ability of any Contractor.

17. The Agency does not personally establish references, and the Client must satisfy him/herself, as to the suitability of any Contractor, and shall be responsible for taking up references, (including confirmation of any professional or academic qualifications), provided by the Contractor, before employment appointment.

18. The Client shall be responsible for obtaining work or any other permits, for the arrangement of medical examinations and/or investigations into the medical history of the Contractor and satisfy any medical and other requirements or qualifications required by law.

19. The Agency shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from, or in any way connected to the introduction by the Agency to the Client of the Contractor, or the employment of the Contractor by the Client.

20. The Agency shall not be liable for any loss, injury, damage, costs, expenses or delay howsoever caused (and whether direct, indirect, or consequential) arising directly or indirectly from the introduction or supply of the Contractor and in particular without limitation to the foregoing the Agency shall not be liable for any such loss injury damages costs expenses or delay arising from or in any way connected with: -

(a)    failure of the Contractor to meet the Client's requirements.

(b)    any act or omission of the Contractor whether wilful negligent, fraudulent, dishonest, reckless or otherwise.

Provided that nothing in these terms shall be construed as purporting to exclude or restrict any liability of the Agency to the Client for death or personal injury resulting from the Agency's negligence as defined in the Unfair Contract Terms Act 1977.

21. The liability of the Agency to the Client for any breach by the Agency of these terms and conditions or for any liability in negligence or otherwise shall not (save to the extent that such results in death or personal injury) exceed the Agency's commission relating to the introduction or supply of the relevant Contractor. In any event, the Agency will not be liable in relation to any matter not reported by the Client in writing to the Agency within [3 working days] of its occurrence.

22. The Client shall indemnify the Agency against all and any claims and liabilities howsoever arising in respect of any loss, injury, damage, costs, expenses or delays suffered or incurred by the Contractor, howsoever caused (whether arising out of the Client’s acts omissions or otherwise) and against all and any claims made by any third party (arising from the Client’s omissions or otherwise) and against all and any claims made by any third party arising directly or indirectly or in any way connected with the introduction or supply of the Contractor to the Client or the acts or omissions of any such Contractor, whether willful, reckless, fraudulent, negligent, dishonest or otherwise.  The Client shall also indemnify the Agency against all, and any claims made by the Contractor supplied to the Client arising from or relating to The Working Time Regulations 1998.

23. No variation of these Terms and Conditions is valid or binding unless approved in writing by a Director of the Agency.

24. These Terms and Conditions shall be governed by and be construed in accordance with the laws of England and Wales and the Client submits to the non-exclusive jurisdiction of the courts of England and Wales in relation to any claim or matter arising out of these Terms and Conditions.

25.These Terms and Conditions are valid from March 2021 and supersede and replace all previous Terms and Conditions of the Company.