These terms and conditions will apply to and govern all contracts under which a SubContractor agrees to render services to the Clients of the Company.
No variation of these terms and conditions shall be effective unless agreed in writing and signed by a Director of the Company or its authorised representative.
1. DEFINITIONS
In these terms and conditions and in all contracts to which these terms and conditions apply:
"The Company" shall mean Hotshots Entertainments Limited and its subsidiaries.
"The Client" shall mean any firm, company or individual to which your services are assigned by the Company.
"The Fees" shall mean the fees payable to the Sub-Contractor, at the rates specified in the Contract for Services Offer Letter. The rates are calculated on the reasonable expectation that the Sub-Contractor will complete the works within the period for completion as reasonably estimated by the Client and with the degree of technical skill and professionalism expected by the Client.
"The Sub-Contractor" shall mean any individual who is hired by H-Entertainments on a sub-contract basis as detailed in the Code of Conduct.
"The Works" shall mean the work allocated to the Sub-Contractor by the Client.
2. CODE OF CONDUCT
- The sub-contractor is required to arrive 15 minutes before their scheduled start time so they are ready to work from the moment they are expected to. Punctuality is key.
- The sub-contractor is to arrive wearing their own uniform, looking fresh, clean and smart (not hungover).
- Any uniform borrowed from The Company is to be kept in excellent condition, by the sub-contractor and returned to The Company at the arranged date. Any uniform that is returned in an unacceptable state, or not returned at all will be billed for.
- Sub-Contractors are required to complete their work at the standard set out upon hiring. Smoking, drinking alcohol or unprofessional conduct is strictly prohibited while you are being sub contracted by The Company or any of its subsidiaries.
- Newquay's Biggest Bar Tour Tickets are strictly available to over 18's only. Please use the 'Challenge 25' initiative, and check ID wherever possible.
- You must not sell on the street - you can only sell in the prescribed areas.
- The sub-contractor is expected to work all days outlined in the hiring process.
- Sub-Contractors must not work for any competing companies within a 100 mile radius while working with H-Entertainments Limited.
- Sub Contractors must not work for any competing companies within a 100 mile radius up to and including 6 months after completion of their contract with H-Entertainments
-Sub Contractors must not set up their own competing businesses or use the information learned throughout their time working for H-Entertainments to affect the existing Bar Tour
- Sub-Contractors must treat any information received or knowledge learnt from working alongside The Company as highly confidential.
- Fighting or arguing with clients or staff will result in instant contract termination.
- Drinking on the job or working when drunk will result in instant contract termination.
-Failure to adhere to any of these terms may result in legal action
3. PAYMENT
a) The Company will be solely responsible for the payment of Fees to the SubContractor in addition to any expenses which may have been previously agreed. The Sub-Contractor will submit to the Company's Accounts Dept. on a weekly basis:-
i) Authorised Time sheets.
ii) Authorised expenses claims (where required)
iii) In relation to holidays the terms regarding this are set out in the Code of Conduct Contract including any engagement and addendum to contract. The Company will endeavour to make payment in respect of all properly authorised time sheets, so submitted, within thirty days.
b) Fees will only be paid for the Works actually performed, in particular, there will not be any entitlement to receive any fees in respect of: -
Any period during which the Works have been prevented by sickness, accident or any reason whatsoever.
c) The Company reserves the right to make deductions from the Fees either during or on the termination of this Agreement for any monies owing to it by the SubContractor.
4. EXPENSES
The Company will be responsible for payment to the Sub-Contractor of only those expenses incurred by the Sub-Contractor as shall have been previously approved in writing.
5. NATIONAL INSURANCE AND TAX CONTRIBUTIONS
Sub-Contractors are responsible for their own tax and national insurance contributions. If you would like any advise on this issue please visit www.hmrc.co.uk
6. TERMINATION
a) If the Works are not be performed with the degree of technical and professional skill as was expected by the Company/Client in agreeing the rates of the Fees, or if the Sub-Contractor engaged on the Works shall be guilty of any criminal act, gross default or other misconduct in connection with or effecting the Works, then the Company may give notice to the Sub-Contractor terminating the use of the SubContractor's services forthwith.
b) Subject to Paragraph a) above, the Company or the Sub-Contractor may terminate any contract relating to the supply of the Sub-Contractor's services at any time by giving the other not less than the number of days notice of such termination as stated in the Code of Conduct Contract.
7. TRADE SECRETS AND CONFIDENTAILITY
7.1 The Sub-Contractor will not disclose, nor cause or permit to be disclosed, to any persons, any trade secrets or other confidential information relating to the business of The Company unless such disclosure is made with the previous permission of the The Company.
Any intellectual property rights arising out of the Works performed by the Sub-Contractor shall be the property of The Company.
It is strictly prohibited for any sub-contractors to use, or share information gained while working for The Company, this includes, but is not limited to The Company's competitors. "Competitor/ competitors" means Event Organisers, Bar Tour/ Crawl Operators (sometimes referred to, but not limited to, as a pub tour, pub crawl, club tour, pub crawl or bar-hopping), examples of which currently include but are not limited to Summer Break, 1 Big Night Out, Carnage; and also includes businesses having a particular product line or service in competition with The Company's service.
"Information" in this circumstance includes:
7.2 Information concerning the services offered or provided by The Company or any Subsidiary including the names of any persons, companies or other organisations to whom such services are provided, their requirements and the terms upon which services are provided to them.
7.3 Any information relating to a proposed reorganisation, expansion or contraction of The Companys activities (or those of any subsidiary) including any such proposal which also involves the activities of any other corporation or organisation;
7.4 Any information which you have been told is confidential or which you might reasonably expect to be confidential.
7.5 All records, documents and other papers (together with any copies or extracts thereof) made or acquired by you in the course of your contract shall be the property of the Company and must be returned to it on the termination of your contract.
8. PERFORMANCE OF THE CONTRACTS
The Sub-Contractor will not sub-contract the Works to any company, partnership or individual and the Works will be performed by the individual initially agreed upon unless otherwise agreed in writing by the Company.
9. DATA PROTECTION
The Sub-Contractor agrees that the Company is permitted to hold personal data about the Sub-Contractor in accordance with and to the extent permitted by the Data Protection Act 1998 and agrees that personal data which has been or is in the future obtained by the Company may be held and processed by the Company for any purpose relating to the administration, management and operation of this Agreement or the provision of services by the Sub-Contractor or in relation to the Company's legal obligations or business needs. Processing may include transfer to countries or territories outside the European Economic Area. The Sub-Contractor hereby agrees that the Company may disclose personal data to third parties in the event that the disclosure is, in the Company's view, required for the proper conduct of the Company's business.