Please carefully read the contract below, and complete the form immediately below the contract to indicate your understanding and acceptance of the terms.
“Cancellation Notice” shall mean a notice to cancel “Services”, and Cancellation Notices will be made by email or telephone to the Company.
“Company” shall mean One Lindens Limited, a company registered under number 081574764 with registered offices at 16 Copse Wood Way, Northwood, HA6 2UE.
“Fee” shall mean the amount payable by the Company to the Global Traveller for the Services which is calculated by reference to the Weekly Rate.
“Weekly Rate” shall mean the amount due to the Global Traveller for each week of Services provided, as confirmed by the Company by email at the start of each programme.
“Invoice” shall mean the invoice to be provided by the Global Traveller to the Company, as detailed under clause 4 below, which shall always be in the specific form provided to the Global Traveller by the Company.
“Services” shall mean the functions provided by the Global Traveller to the Company, as more closely set out in clause 2 below.
“Student” shall mean the participant(s) of the Company’s educational programmes.
In this Agreement words denoting the singular include the plural meaning, and vice versa, and words denoting the masculine include the feminine.
2 Provision of Services
2.1 This is a Contract for Services. It is not a contract of employment.
2.2 The Global Traveller will not become an employee of One Lindens Ltd and, save for those expressly provided for in this agreement, will not be eligible for any benefit.
2.3 The Global Traveller shall be entirely self-employed and nothing in this Agreement shall constitute an employer/employee relationship.
2.4 One Lindens Ltd is under no obligation to provide any further same, similar or any paid work or unpaid work in the future.
3 Description of Services
3.1 In exchange for the Fee, the Global Traveller agrees from the date of acceptance of this Agreement until the termination hereof under clause 6 below to provide the Services to the Company’s educational programmes on such dates indicated on the form below.
3.2 It is understood that the Global Traveller shall have no obligation to provide the Services hereunder, nor shall the Company have any obligation to provide work for the Global Traveller.
3.3 It is agreed that the Global Traveller shall at all times perform the Services to the highest standard. In particular the Global Traveller shall make every effort to:
3.3.1 be punctual;
3.3.2 be presentable and dressed in an appropriate and respectable manner at all times;
3.3.3 be polite, diligent, and helpful;
3.3.4 do all the necessary preparation for each Global Travelle session, including the attendance of a training day; and
3.3.5 conform to all other guidelines stated in the Staff Handbook
3.4 If for any reason the Global Traveller shall be delayed due to circumstances beyond his/her control, the Global Traveller agrees to contact the Company to let him/her know.
3.5 The Global Traveller must keep the Company informed of any issues or problems, as and when they develop.
3.6 The Global Traveller agrees not to smoke whilst attending any sessions at schools or client sites. The Global Traveller also agrees to make sure s/he does not smell of smoke.
3.7 The Global Traveller agrees, so far as is reasonable, to be in ready contact by email and telephone with the Company
3.8 The Global Traveller agrees that once s/he has accepted a placement then the Global Traveller is committed to the specified times and dates.
3.9 The Global Traveller shall, at the request of the Company, provide any reports of visits or placements, if requested
3.10 The Global Traveller shall always seek approval for expenses of greater than 100 GBP
3.11 The Global Traveller shall assist the Company to whatever extent reasonable and necessary in all administrative process, including but not limited to clearance with the Criminal Records Bureau and other necessary checks prescribed by law and/or governmental regulation and the Global Traveller accepts that this administrative process will be taken care of by the Company.
3.12 The Company agrees that the Global Traveller shall not be held responsible for chaperoning or caring for minors or guarding property whilst providing Services.
3.13 The Company agrees to treat the Global Traveller in a fair and respectable manner at all times
3.14 The Company agrees to pay for all of the travel expenses relating to the duties of the Global Traveller
3.15 The Company agrees to pay all accommodation costs throughout the duration of the Global Traveller role. Accommodation refers to hotel accommodation of at least a 3 star rating, or a private room in a hostel, whichever the Global Traveller prefers.
4 Payment of Fees and Cancellation Policy
4.1 For Weekly Placements, the Global Traveller shall be paid the Weekly Rate for each week of Services provided. For the avoidance of doubt, the Weekly Rate shall be agreed between the Global Traveller and the Company in advance.
4.2 At the end of each month in which the Global Traveller has provided Services, the Global Traveller shall, where applicable, submit an Invoice to the Company for all Services rendered in that calendar month for the Company(s). Each Invoice shall detail the Services provided.
4.3 The Global Traveller should keep an up-to-date record of all travel expenses in connection with the Services.
4.4 The Global Traveller acknowledges that s/he is responsible for payment of all taxes, national insurance and social security contributions due in respect of payments to be made under this Agreement and that s/he shall fully indemnify and hold the Company and the Company harmless in this regard.
4.5 The Global Traveller acknowledges that s/he is in no way covered by the Company or the Company in any matter(s) of insurance and will take out, should s/he deem appropriate, his/her own insurance policy in respect of any personal and/or third party claims.
4.6 Interest shall be charged on any payment which is outstanding for more than 14 days. The Global Traveller shall be entitled to charge 1% per month compound interest on all outstanding sums from the due date until payment is received.
5 Global Traveller Warranties
5.1 The Global Traveller warrants that all information given to the Company (via the Company or otherwise) whether prior to or during the provision of the Services is true and accurate in all respects. The Global Traveller has represented that s/he is skilled as per the Curriculum Vitae provided to the Company and the Company. Any breach of this clause shall entitle the Company to terminate the Global Traveller’s Services immediately.
6.1 If the Company is not happy with the Global Traveller the Company must notify the Global Traveller and the Company of its dissatisfaction in writing. This Agreement shall then terminate with immediate effect and there will be no further charges or payments due to the Global Traveller.
6.2 The Global Traveller hereby agrees that the Company may terminate this Agreement with immediate effect:
6.2.1 if the Global Traveller commits a serious or material breach of any of his or her obligations hereunder;
6.2.2 if the Global Traveller repeatedly commits minor breaches of obligations under this Agreement;
6.2.3 if the Global Traveller acts in such a way so as to discredit the Company; or
6.2.4 if the Global Traveller shall have been found guilty of any criminal offence (other than any offence not involving a custodial or suspended custodial sentence under the Road Traffic Act).
6.3 In the event of termination of this Agreement further to any of clauses 6.III above, the Global Traveller acknowledges that s/he will be liable for any costs or expenses directly or indirectly incurred, any liability or damages faced by the Company, and any action taken by the Company in this regard.
7 Confidential Information
7.1 The Global Traveller covenants and agrees at all times during and after his/her provision of the Services to keep secret and not disclose to others or appropriate to his/her own use or the use of others secret or confidential information or knowledge pertaining to the business affairs and operations of the Company (“Confidential Information”), including but not limited to trade know-how, trade secrets, information about other Global Traveller(s) engaged by the Company, information about any Company(s) and their family/ies, pricing policies, operational methods, marketing plans or strategies, future plans, and business acquisition and/or expansion plans. This clause is subject to the proviso, however, that any disclosure compelled by law or legal process does not constitute a breach or violation of this clause, and neither shall any information be deemed confidential or secret for purposes of this Agreement if it is generally known in the industry.
7.2 The Global Traveller shall not own, manage or operate a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of the contract.
This non-compete agreement shall extend for a radius of 30 miles of Cambridge (UK) and Oxford (UK) and shall be in full force and effect during the period of the contract and for 3 years following the contract termination, notwithstanding the cause or reason for termination.
8 Data Protection
8.1 The Company will use the information provided by the Global Traveller to deal with the administration of the Services. The Company may disclose the Global Traveller’s information for this purpose to other companies.
9.1 Notwithstanding each party’s general right to damages and that damages may not prove sufficient remedy in the event of breach by Global Traveller of clause 8 above, the Global Traveller specifically warrants and undertakes to indemnify the Company for any and all damage, loss, expenses or loss of business suffered by the Company as a direct consequence of breach of any clause hereof, including any legal costs and expenses associated with the recovery of such damages by the Company. These include any direct and indirect losses arising both from breach of contract and from any act committed by the Global Traveller during the provision of the Services.
10.1 Any notice under this Agreement may be given by email.
11.1 This agreement is personal to the Parties and may not be assigned or sub-contracted to any third party.
12 Entire Agreement
12.1 This Agreement (and any documents referred to herein) contains the entire agreement of the Parties relating to the matters contained herein and supersedes all prior agreements and understandings, oral or written, between the Parties with respect to the subject matter hereof. Subject to the definition of “Weekly Rate” in clause 1 above, this Agreement may be changed only by an agreement in writing.
12.2 If any clause of this Agreement is or shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision shall not form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.
13 Governing Law and Jurisdiction
13.1 This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts thereof
This agreement is between
(1) One Lindens Ltd, a private limited company offering educational services and is registered at Companies House, number 081574764 and
(2.) The Global Traveller. The Global Traveller wishes to provide services, in consideration for the Fees received.